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HomeMy WebLinkAbout2007-05-14 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 ACTIVITES MAY 14, 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. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Davidson, Walz, Franklin, Hightshoe, Grier, Rocca, Boothroy, Hennes, Jensen. Council minutes tape recorded on Tape 07-38, Side 2; Tape 07-39, Both Sides; Tape 07-41, Side 1. The Mayor proclaimed Great Garlic Mustard Challenge - May 14-20, 2007, Friends of Hickory Hill Park Board Member Sarah Walz accepting. 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 30, Regular Council Work Session; May 1, 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): Public Library Board of Trustees - March 22, 2007; Telecommunications Commission - April 23, 2007; Planning and Zoning Commission - April 19, 2007; Public Art Advisory Committee - April 5, 2007; Youth Advisory Commission - March 21,2007; Police Citizens Review Board - April 10, 2007. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Quzer, Inc., dba Shakespeare's, 819 S. First Ave.; Class C Beer Permit for EI Paso Tienda y Taqueria, Inc., dba EI Paso the Mexican Store, 609 Hollywood Blvd.; Class C Beer Permit for Kwik Trip, Inc., dba Tobacco Outlet Plus #537,923 S. Riverside Dr.; Class CA Beer Permit for Investors, LC, dba Suburban bp AMOCO, 370 Scott Ct.; Class E Liquor License for Cigarette Outlet, Inc., dba Cigarette Outlet #18, 1901 Broadway St. Motion. Approve disbursements in the amount of $10,677,077.14 for the period of March 1 through March 31,2007, as recommended by the Finance Director subject to audit. Setting a Public Hearing: RES. 07-154, SETTING A PUBLIC HEARING ON JUNE 5, 2007, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE DURABLE PAVEMENT MARKING PROJECT 2007, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 07-155, ACCEPTING THE WORK FOR THE 2007 SADDLE REPLACEMENT PROJECT; RES. 07-156, ACCEPTING THE DEDICATION OF OUTLOT A TO THE CITY OF IOWA CITY AS PLATTED IN HOLLYWOOD MANOR- PART 9, IOWA CITY, IOWA AND DECLARING THE AREA OPEN FOR PUBLIC USE. Correspondence: JCCOG Traffic Engineering Planner regarding Removal of two parking meters in the 100 block of N. Linn Street; JCCOG Traffic Engineering Complete Description May 14, 2007 Page 2 Planner regarding Installation of several Iowa City Transit bus stops for the Library Shuttle beginning June 5, 2007 [Staff correspondence included]; Richard Kerber and Steve Hata regarding Resuscitation Outcomes Consortium (ROC): Rev. Paul Akin and Rev. John Raab regarding Thank you for supporting the Shelter House and its programs; Angela Reams and Sarah Hansen regarding AlcoholEdu at The University of Iowa; Debra Pughe regarding Cafe Scientifique of Iowa City; Dubuque and Church Intersection letters from Eric Gidal, Josh Kaine, Laurie Stunz, Michael Wright, Judith Pascoe, Jesse Singerman; Letters from Lisa Wathne, Tony Madsen, Carole Baskin, Donald Elroy regarding G.W. Exotic Animal Memorial Park's "Mystical Magic of the Endangered" . The Mayor repeated the public hearings as set. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Leah Cohen, Bo James, 1638 Teg Drive and Mike Porter, Summit and One Eyed Jake's, appeared regarding "Fight Night" at the Union Bar. In response to Cohen, the Mayor stated a video regarding "Fight Night" could be made available to the Council and other individuals by dropping off a copy to the City Clerk's office, and it be available for a limited time, but not retained permanently. A majority of Council agreed to schedule discussion at an upcoming work session. City Atty. Dilkes outlined the procedures governing the event through existing state regulations, and suggested that Council may wish to hear from the promoter for different perspective prior to giving staff direction. A public hearing was held on an ordinance vacating a portion of Hollywood Boulevard located south of Highway 6 and east of Broadway Street (V AC07 - 00001). Glenn Siders, Southgate Development Services, PO Box 1907, appeared. Moved by O'Donnell, seconded by Champion, that the ordinance vacating a portion of Hollywood Boulevard located south of Highway 6 and east of Broadway Street (V AC07- 00001) (Sonic), 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 O'Donnell, to adopt RES. 07-157, SETTING A PUBLIC HEARING FOR JUNE 5, 2007 TO CONSIDER THE CONVENYANCE OF A VACATED SIX-FOOT (6') WIDE PORTION OF HOLLYWOOD BOULEVARD LOCATED SOUTH OF HIGHWAY 6 AND EAST OF BROADWAY STREET TO NORDSTROM OIL COMPANY (Sonic). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on an ordinance rezoning approximately 14.5 acres from Heavy Industrial(I-2) to General Industrial (1-1) and rezoning approximately 36.65 acres to Planned Development Overlay/General Industrial (OPD/I-1) and approving a Sensitive Areas Development Plan for property located north of Izaak Walton Road east of Oakcrest Hill Road. (REZ07-00004) (County Materials). PCD Director Franklin and property owner Bob Barker present for discussion. The Mayor requested Council Members disclose ex parte communications, and none was reported. Moved by O'Donnell, seconded by Champion, that the ordinance rezoning approximately 14.5 acres from Heavy Industrial(I-2) to General Industrial (1-1) and rezoning approximately 36.65 acres to Planned Development Overlay/General Industrial (OPD/I-1) and approving a Sensitive Areas Development Plan for property located north of Izaak Walton Road east of Oakcrest Hill Road. (REZ07-00004) (County Materials), be given first vote. Complete Description May 14, 2007 Page 3 Individual Council Members expressed their views. PCD Director Franklin present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Council Member Vanderhoef stated she would be abstaining due to a conflict of interest, and left the meeting. Moved by Bailey, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 07-4261, 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) (Alpha Chi Omega), be voted on for final passage at this time. The Mayor requested Council Members disclose ex parte communications, and none was reported. Affirmative roll call vote unanimous, 6/0, Vanderhoef abstaining. The Mayor declared the motion carried. Moved by Bailey, seconded by O'Donnell, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Vanderhoef abstaining. The Mayor declared the ordinance adopted. Council Member Vanderhoef returned to the meeting. Moved by Champion, seconded by Bailey, to defer to June 5 a resolution approving the preliminary and final plat of Pepperwood Plaza, a subdivision of Iowa City, Iowa. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution amending the FY2007 Operating Budget. Finance Director O'Malley present for discussion. No one appeared. Moved by Champion, seconded by Vanderhoef, to adopt RES. 07-158, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2007. 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 approve a Tax Exemption Certificate authorizing and providing for the issuance of $8,870,000 General Obligation Bonds, Series 2007 A, and levying a tax to pay said bonds. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by O'Donnell, to approve Continuing Disclosure Certificate authorizing and providing for the issuance of $8,870,000 General Obligation Bonds, Series 2007 A, and levying a tax to pay said bonds. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to adopt RES. 07-159, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $8,870,000 GENERAL OBLIGATION BONDS, SERIES 2007A, AND LEVYING A TAX TO PAY SAID BONDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Champion, that the ordinance amending Title 10 of the City Code, entitled use of public ways and property," Chapter 3, entitled, "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," to provide an exception to the eight (8) foot unobstructed walkway requirement in the CB2 and CB5 Zones, 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. Complete Description May 14, 2007 Page 4 Moved by Bailey, seconded by Champion, to adopt RES. 07-160, APPROVING THE REQUEST FOR QUALIFICATIONS FOR A PUBLIC ART PROJECT AT THE ROBERT A. LEE COMMUNITY RECREATION CENTER. PCD Director Franklin present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Mayor Wilburn stated he had a conflict of interest on the next item and left the meeting. Mayor Pro tem Bailey presiding. Moved by Vanderhoef, seconded by Correia, to adopt RES. 07-161, AMENDING THE IOWA CITY FY07 ANNUAL ACTION PLAN AND APPROVING AN ADDITIONAL REPAYMENT OPTION FOR FY07 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS HOMEBUYER PROJECTS. Mark Patton, Iowa Valley Habitat, appeared. Affirmative roll call vote unanimous, 6/0, Wilburn abstaining. The Mayor Pro tem declared the resolution adopted. Mayor Wilburn returned to the meeting. Moved by Bailey, seconded by Vanderhoef, to adopt RES. 07-162, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION COOPERATIVE AGREEMENT FOR THE INSTALLATION AND USE OF AN INTELLIGENT TRANSPORTATION SYSTEM ITS-7480(333)- -25-00. City Engr. Knoche present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Correia, seconded by Bailey, to adopt RES. 07-163, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL #183, AFL-CIO, TO BE EFFECTIVE JULY 1,2007 THROUGH JUNE 30, 2010. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. 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, Sr. Building Inspector, and Deputy Fire Chief Jensen presented information. The following individuals appeared: Roy Brown, Dublin Underground; Mike Porter, Summit and One Eyed Jake's; Daryl Woodson, Sanctuary; Leah Cohn, Bo James; Rebecca Neades, Iowa City Area Chamber of Commerce; and Jim Mondanaro, Mickey's, Giovanni's, Joseph's, Saloon. Moved by Bailey, seconded by Vanderhoef, to continue public discussion and defer consideration of 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 to June 5. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously announced vacancies to Boards and Commissions: 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; 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. [Staff will not publish additional notices after a period of six Complete Description May 14, 2007 Page 5 publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Moved by Bailey, seconded by Vanderhoef, to appoint John Kenyon, 1112 Church Street, Michael Cohen, 24 Evergreen Place, and re-appoint Mary New, 212 Ferson, to the Library Board of Trustees for three appointments to fill six year terms July 1, 2007 - July 1, 2013. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Elliott stated he was waiting the arrival of baby ducks at his residence. Mayor Pro tem Bailey said that PCD Director Franklin did a great job featuring the City's public art program at the Vision Iowa board meeting the previous week; stated the Des Moines Farmers Market opened last week-end with 30,000 people, and urged Iowa City to set the sites higher; and reported that the Cool Cities Initiative people requested a task force or committee be formed to follow up on the Mayoral environmental proclamation. Council Member O'Donnell congratulated PCD Karin Franklin on her retirement, and Jeff Davidson on his appointment as the City's new PCD Director; and noted the high gas prices. Council Member Correia reported that City Planner Karen Howard and herself met with Grant Wood 6th graders on the letter and petition they submitted on a City rezoning; and stated she participated in the bike/bus/car race between Coral Ridge Mall and downtown Iowa City, and even though she finished third she did get to read two chapters of her book and encouraged others to consider options during Bike to Work Week. Council Member Champion thanked the City for the installation of the new "high tech" machine that takes debit and credit cards at Chauncey Swan Parking Facility. Mayor Wilburn noted the work session was recessed earlier in the evening but due to the lateness of the formal it would not be continued and all items would be carried over to the next work session on June 4; invited the public and Council Members to the bike ride scheduled between Chauncey Swan Parking Facility and the New Pioneer Coop in Coralville on Wednesday evening; and announced the kick off of the Friday Nigh Concert Series on May 18 with the City High and West High Jazz bands performing; and noted the upcoming events of the Summer of the Arts. Moved by O'Donnell, seconded by Vanderhoef, to adjourn meeting at 9:40 p.m. The Mayor declared the motion carried unanimously, 7/0, all coun~bers present. ~( J\~ Ross Wilburn, Mayor ~I!.~ Marl . K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 5/1/07 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. 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 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 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 PERMITto 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, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC Official Actions May 1, 2007 Page 2 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. 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 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 and seconded 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. Moved and seconded 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). The Mayor declared the motion carried. 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 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. Chris Steffan, MMS Consultants, appeared. Moved and seconded that the ordinance rezoning approximately 0.77 acres of property located at 828 E. Washington Street from Neighborhood Stabilization Residential Official Actions 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), be given first vote. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Matthew Bulkeley, Knutson Construction. 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. 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Letter for Martha Greer and Suzanne Bentler noted. Moved and seconded 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. A public hearing was held on a resolution approving the Iowa City Housing Authority's Annual Plan for Fiscal Year 2007. Moved and seconded to adopt RES. 07-140, APPROVING THE IOWA CITY HOUSING AUTHORITY'S ANNUAL PLAN FOR FISCAL YEAR 2007. 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. Moved and seconded to adopt RES. 07-141, AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY2008 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING. 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. Moved and seconded 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. 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 Official Actions May 1, 2007 Page 4 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 and seconded 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. Moved and seconded to accept correspondence from: Charlotte Walker; Mohammed Samuel Filali; Kristin Clark Olivier; David Antin; and John Watson. The Mayor declared the motion carried. Moved and seconded 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. Mayor Wilburn returned to the meeting and now presiding. 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. 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 for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to adopt RES. 07-145, DIRECTING SALE OF $8,870,000 GENERAL OBLIGATION BONDS, SERIES 2007A. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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 Official Actions May 1, 2007 Page 5 TOWERS, LLC, AND TENANT J & E, INC. D/B/A FORMOSA ASIAN CUISINE, FOR A SIDEWALK CAFE. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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 and seconded to amend the annual plan to remove bow hunting. The Mayor declared the motion to amend carried. Moved and seconded 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. 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: Chuck Wolfe, 138 Dartmouth St., Iowa City Elks' Lodge; and Bart Sueppel, Solon, LaCasa. Moved and seconded to continue the public discussion until May 14. The Mayor declared the motion carried. Moved and seconded 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. 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. Official Actions May 1, 2007 Page 6 Moved and seconded to appoint Hans Hoerschelman, 337 West Benton St., to the Telecommunications Commission to fill a three year term March 13,2007 - March 13,2010. 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.] Moved and seconded to adjourn 10:45 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, CitYjlerk ~ SUb~cation - 5/9/07 ~ 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 D / 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) lone (REl07-0003). 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) lone to County Agriculture (A). (Cl07-00001). 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 3'd 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 for final passage at this time. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by 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, 710, 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. DIBIA 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 Council Members present. Ross Wilburn, Mayor Marian K. Karr, City Clerk I ~ j -....= -~ ;t~w!::'t ,,-- ~=I' ....~ CITY OF IOWA elT MEMORANDU Date: April 30, 2007 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, April 30, 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, Robinson, Briggs, Franklin, Davidson, Rackis, Long, Hightshoe, Klingaman, Logsden, Fowler, O'Malley Tapes: 07-34 & 07-35, Both Sides (A complete transcription is available in the City Clerk's Office) AGENDA ADDITION Mayor Wilburn noted the addition of item 21A, motion to appoint Abigail Volland as UISG Council liaison to the agenda. Majority concurred. COUNCIL APPOINTMENTS Airport Zoning Board of Adjustment - no applicants, readvertise Airport Zoning - no applicants, readvertise Historic Preservation - no applicants, readvertise Telecommunications - Hans Hoerschelman CDSG HOME ALLOCATIONS [agenda item 9] Mayor Wilburn stated he had a conflict of interest and would be abstaining on items 9 and 10. Mayor Pro tem Bailey now presiding. Community Development Coordinator Long presented information. Majority agreed to proceed. PIN GRANTS [agenda item 13] Mayor Wilburn returned to the meeting. Neighborhood Services Coordinator Klingaman presented information. TRANSIT OVERVIEW Parking & Transit Director Fowler and Transit Mgr. Logsden provided a power point presentation (on file). Finance Director O'Malley present for discussion. Majority of Council expressed an interest . to provide bus service for Arts Fest, Jazz Fest, and the Hancher Anniversary; . use JARC funds for extension of Manville Heights and North Dodge routes and after hours cab service; . use existing reserve fund for local match for 6 buses on order; Council Work Session April 30, 2007 Page 2 . begin campaign for businesses to encourage employees to use transit to commute to work. STAFF ACTION: Summary memo provided in May 3 information packet. (Fowler & Logsden) TAXICAB PARKING [consent calendar item 3f(10)] Council agreed to retain procedure, use of designated commercial loading zones from 5PM to 2AM for a couple more months. Council requested the number of tickets being issued for parking in the taxicab designated area after 5PM; and a report of usage of the areas by the taxicab companies. Council encouraged the Downtown Association playa bigger role in education and suggested they meet with the taxicab companies. AGENDA ITEMS 1. (Agenda item # 5c - public hearing... rezoning ... 828 E. Washington Street... neighborhood stabilization residential/conservation district overlay zone). Council Member Vanderhoef stated she would be abstaining. 2. Mayor Wilburn stated he would be abstaining from items 9 (CDBG HOME Allocations) and 10 (contract with Mullin & Lonergan Associates for an affordable housing market analysis for the Greater Iowa City metropolitan area. 3. (Agenda item # 19 - resolution repealing Resolution No. 07-28 ... Highway 6 and Gilbert Street Intersection Improvement Project) Asst. PCD Director Davidson present for discussion. Majority of Council requested that the alternative use of STP funds from Highway 6 and Gilbert Street project be scheduled for the May 14 work session. 4. (Agenda item # 18 - resolution awarding contract... 2007 Pavement Replacement for water main project) In response to Council Member Elliott, the City Manager stated the Chamber of Commerce "Buy Here" campaign would not apply to capital improvement bidding in accordance with State law. 5. (Agenda item # 20 - resolution approving the 2007-2008 Deer Management Plan ....and approving a revised long term Deer Management Plan) In response to Council Member Correia, a majority agreed to amend the Plan and delete bow hunting. 6. (Agenda item # 21 - amending City Code Title 7 ...A-2 Occupancies) Individual Council Members raised issues regarding future restrictions on upstairs and basement bars, but the majority agreed to wait and discuss at the formal meeting. 7. (Agenda item # 10- resolution. ..Affordable Housing Market Analysis...) In response to Council Member Correia, the City Atty. stated the non discrimination clause in mentioned in two sections, page 11 and page 13. Council Member Vanderhoef indicated her desire to include some collection or analysis of lead based paint. Council Work Session April 30, 2007 Page 3 8. (Consent Calendar # 4f(2) - correspondence... Erin Fleck... Downtown Global Market ...) Council Member Correia inquired as to the replacement of Tail's (grocery store) it he downtown Hotel Vetro. Staff will follow up. 9. Council Member Correia inquired why an auto response wasn't being used for Council email. Mayor Pro tern Bailey suggested some sort of protocol be developed. 10. (Consent Calendar # 4f(12) - correspondence ... Andrew Dipilato ... Panhandling on the Ped Mall) Council Member Vanderhoef requested a brief update from Police on panhandling activity on the Ped Mall. 11. (Consent Calendar # 4f(3) - correspondence... Jam Stewart... Iowa City trail sign donation) Council Member Vanderhoef requested a thank you note be sent to BIC (Bicyclist of Iowa City) for contributing to trail signage. Staff will follow up. COUNCIL TIME A. In response to Council Member Correia, the City Manager reported that recycling containers are ordered for the parks and should be in place very soon. B. In response to questions, the City Manager announced that Asst. City Atty. Goers had won the name the compost City contest. C. Council Member O'Donnell reported he had just discovered that you can not fish at the new Sand Road gravel pit. D. In response to City Clerk Karr, Council Members agreed to host the next joint meet of County officials at 7:30 AM at the Johnson County Fair, Regina Food Booth, on Wednesday, July 25. SCHEDULE OF PENDING DISCUSSION ITEMS None Meeting adjourned 9:20 PM.