Loading...
HomeMy WebLinkAbout2007-06-19 Council minutes ~ Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JUNE 19, 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, Jensen, Franklin, Davidson, Rocca, Morris, Booth roy, Hennes. Council minutes tape recorded on Tape 07-41, Side 2; Tape 07-47, Both Sides; Tape 07-48, Side 1. The Mayor proclaimed Pride Month: June 2007, Carlton Blackburn accepting. Moved by Bailey, seconded by Champion, that the following items and recommendations in the Consent Calendar be received, or approved, and or/adopted as presented: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: June 4, Regular Council Work Session; June 5, Regular 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 - April 26, 2007; Civil Service Commission - June 1, 2007; Board of Appeals - March 5, 2007; Historic Preservation Commission - April 12, 2007; Planning and Zoning Commission - May 17, 2007; Animal Care Task Force - April 12, 2007; Animal Care Task Force - March 8, 2007; Animal Care Task Force - February 8, 2007; Animal Care Task Force - January 18, 2007; Board of Appeals - January 18, 2007; Parks & Recreation - April 10, 2007; Airport Commission - May 15, 2007; Airport Commission - May 10, 2007. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Pershell Corporation, dba Colonial Lanes, 2253 Old Highway 218 S.; Class C Liquor License for GFP, Inc., dba Wig & Pen Pizza Pub, 1220 Highway 6 West; Outdoor Service Area for GFP, Inc., dba Wig & Pen Pizza Pub, 1220 Highway 6 West; Class C Liquor License for Etre Downtown Group, LLC, dba Skybox, 12412 E. Washington St.; Class C Liquor License for David L. Alberhasky dba Dave's Foxhead Tavern, 402 E. Market St.; Class C Liquor License for Iowa City Aerie #695 Fraternal Order of Eagles dba Fraternal Order of Eagles Iowa City Aerie #695, 225 Hwy 1 W. 7; Class C Liquor License for Linn Street Cafe, Inc., dba Linn Street Cafe, Inc., 121 North Linn St.; Class C Liquor License for Roy L Chopek/Walter L "Bud" Ott, Post #17 Department of Iowa American Legion, dba American Legion Roy L Chopek Post #17,3016 Muscatine Ave.; Special Class C Liquor License for D & E Restaurant, Inc., dba Z'Mariks Noodle Cafe, 19 S. Dubuque St.; Special Class C Liquor License for Zio Johno's, Inc., dba Zio Johno's Spaghetti House, 953 S. Riverside Dr.; Class B Beer Permit for Jimmy Jack's, Inc., dba Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd.; Outdoor Service Area for Jimmy Jack's, Inc., dba Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd.; Class B Beer Permit for NPC International, Inc., dba Pizza Hut #4358, 1926 Keokuk St.; Class E Liquor License for Iowa CVS Pharmacy, LLC, dba CVS/Pharmacy #8547,2425 Muscatine Ave.; Class E Complete Description June 19, 2007 Page 2 Liquor License for John's Grocery, Inc., dba John's Grocery, Inc., 401 E. Market St.; Class C Beer Permit for Goosetown Market, Inc., dba Goosetown Market, Inc., 600 B N. Dodge St.; RES. 07-173, TO ISSUE DANCE PERMIT to Iowa City Aerie #695 Fraternal Order of Eagles dba Fraternal Order of Eagles Iowa City Aerie #695, 225 Hwy 1 W.; RES. 07-174, TO ISSUE CIGARETTE PERMITS. Motion. Approve disbursements in the amount of $7,483,279.80 for the period of April 1 through April 30, 2007, and purchasing card disbursements in the amount of $1,981,520.38 for the period of July 1,2005 through April 30, 2007 as recommended by the Finance Director subject to audit. Purchasing card disbursements were inadvertently excluded due to software upgrades. Resolutions: RES. 07-175, DISSOLVING THE DEER TASK FORCE AND RESCINDING RESOLUTION NO. 07-123; RES. 07-176, 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 1112 WYLDE GREEN ROAD, IOWA CITY, IOWA; RES. 07-177, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 62 REGAL LANE, IOWA CITY, IOWA; RES. 07-178, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONDITIONAL ZONING AGREEMENT WITH TYLER ROGERS, THE OWNER OF PROPERTY LOCATED IN JOHNSON COUNTY, IOWA. Correspondence: Kirby Lackman regarding Iowa's lack of a motorcycle helmet law [staff response included]; Buckingham Lane Residents regarding Opening Buckingham Lane for through traffic [staff response included]; Market Street letters from Ed Stone, Gary Whittington [staff response included]; Jerry Musser regarding Comments of June 4 Work Session; Jami Duggan-Fry regarding Wild animals at Sycamore Mall; Paula Brandt regarding Multi-family garbage pick-up; Petition with 35 signatures regarding Traffic calming study of 200-508 Kimball Road; Marijuana and jail overcrowding letters from Travis Cox, Dennis Fisher; Ray Lakers, Josh Nelson, Shannon Salmon, Rick Stewart, Jerry Szymeczek; Jerry Raaz (x2) regarding 2007 and beyond; James Mondanaro regarding Request for Saloon (112 E. College St.) to use College Street Pedestrian Islands for Outdoor Patio Seating [Memorandum from Mayor Wilburn included in Council packet]; Marjorie Wilhite regarding Jaycees Fireworks. Council Members Elliott and Vanderhoef expressed appreciation to the present and past members of the Deer Task Force. Mayor Wilburn noted the correspondence from Saloon owner Jim Mondanaro regarding use of the pedestrian islands (planters) for outdoor seating, and stated Mr. Mondanaro was present for discussion. Council expressed support for the request and directed staff to prepare the ordinance for the next Council meeting. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Senior Center Commissioner Bob Engel updated Council on activities at the Center. Airport Commissioners Howard Horan and Randy Hartwig thanked retiring PCD Director Franklin and City Manager Atkins for their support; and updated Council on activities at the Airport. Complete Description June 19,2007 Page 3 Moved by Champion, seconded by O'Donnell, to set a public hearing for July 10, 2007 on an ordinance rezoning approximately 2.35 acres of property located at 802 S. Clinton Street from Intensive Commercial (CI-1) Zone to Neighborhood Public (P-1) Zone (REl07- 00009). Council Member Correia abstained due to a conflict of interest. The Mayor declared the motion carried unanimously, 6/0, Correia abstaining. Moved by Bailey, seconded by Correia, to set a public hearing for July 10, 2007 on an ordinance vacating a portion of Court Street Right-of-Way west of Clinton Street (V AC07- 00003). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Public hearings were held on an ordinances conditionally rezoning approximately 15.42 acres of land located south and west of Whispering Meadows Drive from Medium Density Single Family Residential (RS-8) to High Density Single Family Residential (Whispering Meadows, Part 4) (RS-12) (REZ06-00025) and ordinance conditionally rezoning approximately 34.86 acres of land located south and west of Whispering Meadows Drive from Medium Density Single Family Residential (RS-8) and High Density Single Family Residential (RS-12) to Planned Development Overlay 8 (OPD-8) and Planned Development Overlay 12 (OPD-12) (Whispering Meadows, Part 4) (REZ06-00026). PCD Director Franklin present for discussion. The following individuals appeared: Steve Gordon, AM Management; Atty. Mike Pugh, representing developers; and Ron Amelon, MMS Consultants. The Mayor requested Council Member disclose ex parte communications. Individual Council Members shared information, and expressed their views. Moved by Bailey, seconded by Vanderhoef, to continue public hearings to July 10. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Vanderhoef, to defer first consideration of ordinances to July 10. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Mercer Park Aquatic Center Roof Replacement project establishing amount of bid security, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by O'Donnell, seconded by Bailey, to adopt RES. 07-179, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MERCER PARK AQUATIC CENTER ROOF REPLACEMENT PROJECT ESTABLISHING AMOUNT OF BID SECURITY, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by O'Donnell, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 07-4265, AMENDING TITLE 1, CHAPTER 9-3B OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA AND AMENDING THE BOUNDARIES OF CERTAIN VOTING PRECINCTS IN IOWA CITY TO REFLECT VARIOUS BOUNDARY CHANGES TO THE CORPORATE LIMITS OF IOWA CITY, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared Complete Description June 19, 2007 Page 4 the motion carried. Moved by Bailey, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by Bailey, 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. 07-4266, AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC" TO DEFINE THE MEANING OF VARIOUS PEDESTRIAN CROSSING SIGNALS, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Bailey, seconded by Vanderhoef, 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 4, entitled "Temporary Use of Sidewalk Permits" to increase the duration of the temporary sidewalk permits from three (3) days to four (4) days, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Vanderhoef, that the ordinance amending Title 8, entitled" Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," by adding a new Section 9, entitled "Amateur Fighting and Boxing" to prohibit amateur fighting and boxing at establishments that are licensed to serve alcohol, be given first vote. The following individuals appeared: Diane and Bill Poch, Riverside; Chris Janda, 325 Woodside Dr.; Monte Cox, Bettendorf; Katy Klinefelter, 702 E. Washington St.; Joe Jordan; and Leah Cohen, Iowa City Alcohol Advisory Board, 1638 Teg Drive. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Bailey, to accept correspondence from Tina Fenske, Monte Cox, Debbi Washburn. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Bailey, that the ordinance amending Title 10 of the City Code, entitled "Use of Public Ways and Property," Chapter 11, entitled "Farmer's Market," to allow Farmers Market vendors to prepare and sell food in Chauncey Swan Park, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Champion, that the ordinance proposed by Citizen Initiative Petition which reads: "Whereas, it is in the public interest to provide, unless otherwise exempted by law or ordinance, that a person shall have attained legal age (currently 21 years of age or more) to lawfully be on the premises between the hours of 10:00 p.m. to closing of any Iowa City establishment holding a liquor control license, a wine or beer permit, that authorizes on premises consumption. Now, therefore, be it resolved, that Article 4, Chapter 5, Section 8 of the City Code of Iowa City - entitled Persons Under 19 Years of Age in Licensed or Permitted Establishments - shall be modified to replace "nineteen (19) years of age" wherever and however it appears within such Section 8 with "the legal age," be given first vote. Individual Council Members expressed their views. The Mayor declared the ordinance defeated, 2/5, with the following division of roll call vote. Ayes: Wilburn, Correia. Complete Description June 19,2007 Page 5 Nays: Bailey, Champion, O'Donnell, Vanderhoef, Elliott. Absent: None. Moved by O'Donnell, seconded by Bailey, to accept correspondence from Stephen Vlastos, Catherine Zaharis, Kyle Messerle, Matt Visek. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Champion, to adopt RES. 07-180, AUTHORIZING AND DIRECTING THE JOHNSON COUNTY AUDITOR TO PLACE THE QUESTION OF WHETHER TO ADOPT THE PROPOSED PUBLIC MEASURE MODIFYING ARTICLE 4, CHAPTER 5, SECTION 8 OF THE CITY CODE OF IOWA CITY - ENTITLED "PERSONS UNDER 19 YEARS OF AGE IN LICENSED OR PERMITTED ESTABLISHMENTS" - TO REPLACE "NINETEEN (19)" WHEREVER AND HOWEVER IT APPEARS WITHIN SUCH SECTION 8 WITH "THE LEGAL AGE" BEFORE THE QUALIFIED ELECTORS OF THE CITY OF IOWA CITY, IOWA AT THE NEXT REGULAR CITY ELECTION ON NOVEMBER 6, 2007. 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 Bailey, seconded by Vanderhoef, to adopt RES. 07-181, AMENDING THE BUDGETED POSITIONS IN THE TRANSIT DIVISION OF THE PARKING AND TRANSIT DEPARTMENT AND THE AFSCME PAY PLAN BY DELETING ONE MAINTENANCE WORKER I - TRANSIT BLDG/MAINT POSITION AND CREATING ONE MAINTENANCE WORKER II - TRANSIT BLDG/MAINT POSITION. 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. 07-182, AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST TO AN AGREEMENT TO LEND BERRY COURT LIMITED PARTNERSHIP $320,000 TO PRESERVE 14 UNITS OF AFFORDABLE HOUSING. 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 Elliott, seconded by Champion, to defer indefinitely a resolution approving funding for Discerning Eye, Inc. from Iowa City's Community Development Block Grant- Economic Development Fund and authorizing the City Manager to act as Chief Administrative Officer and submit all necessary documentation to the U.S. Department of Housing and Urban Development. The Mayor Pro tem declared the motion carried unanimously, 6/0, Wilburn abstaining. Mayor Wilburn returned to the meeting. Moved by Vanderhoef, seconded by Bailey, to adopt RES. 07-183, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A CHAPTER 28E AGREEMENT FOR EMERGENCY RADIO COMMUNICATIONS BETWEEN THE CITY OF IOWA CITY, IOWA AND JOHNSON COUNTY, IOWA Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by O'Donnell, to adopt RES. 07-184, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT FOR PUBLIC SAFETY DISPATCH SERVICES BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE CITY OF UNIVERSITY HEIGHTS, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description June 19, 2007 Page 6 Moved by Bailey, seconded by Vanderhoef, to adopt RES. 07-185, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A CHAPTER 28E AGREEMENT FOR EMERGENCY RADIO COMMUNICATIONS BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE UNIVERSITY OF IOWA. 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. 07-186, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE CONSULTANT AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND ROHRBACH ASSOCIATES, P.C. OF IOWA CITY, IOWA FOR ARCHITECTURE AND ENGINEERING CONSULTANT SERVICES FOR THE FIRE STATION #2 DEMOLITION AND CONSTRUCTION PROJECT. 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 Champion, seconded by O'Donnell, to adopt RES. 07-187, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE DURABLE PAVEMENT MARKING PROJECT 2007 to Dennis Parking Lot Maintenance, Inc. for $135,575.00. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public discussion was held on 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 and B Occupancies. Ruadhri Brown, Dublin Underground, appeared. Moved by Vanderhoef, seconded by Bailey, to accept correspondence from Garry Klein. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Vanderhoef, that 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 and B Occupancies, be given first vote. Individual Council Members expressed their views. Council requested an outline of the financing resolution be included in the next agenda packet, with action scheduled after third reading of the ordinance. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. The Mayor noted the previously announced board and commission 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 terms March 29,2007 - March 29, 2010; Housing & Community Development Commission for three vacancies to fill three-year terms September 1,2007 - September 1, 2010; Human Rights Commission to fill an unexpired term ending January 1, 2010; Police Citizens Review Board to fill a four-year term September 1,2007 - September 1,2011; Youth Advisory Commission for one vacancy (Age 15 to 17 on the date of filing) to fill an unexpired plus a two-year term ending December 31,2009. Applications must be received by 5:00 p.m., Wednesday, July 18, 2007. [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.] Complete Description June 19, 2007 Page 7 Council Member Elliott stated this was the first time he celebrated his birthday with a meeting, noting this was his 72nd birthday and he was enjoying it. Mayor Pro tem Bailey thanked the Human Rights Commissions for recognizing the 30 year anniversary of including sexual orientation in our Human Rights Ordinance, and she was proud to wear the commemorative pin and celebrate with the community; and acknowledged the retirement of PCD Director Franklin. Council Member Vanderhoef echoed comments re the retirement of PCD Director Franklin; and reported on her participation in a conference call with NBC News regarding the Mayor's Climate Control Protection Agreement. Council Member O'Donnell stated PCD Director would be missed; wished Council Member Elliott a Happy Birthday; and reported on an incident when a dog was not accepted at the Animal Shelter. Council requested a work session item be scheduled with an update on policies at the Shelter. Council Member Champion echoed comments on PCD Director Franklin. Council Member Correia provided an update on the Respectful Communities Project; and reported she received a scholarship to attend a training event sponsored by United Way of America and National League of Cities on earned income tax credit and how cities can collaborate with local partners on getting folks eligible to claim the credit. Mayor Wilburn congratulated the Iowa City Slammers Girls' Softball 12 and under traveling club on capturing third place in the Class C State Tournament, and acknowledged efforts of the Iowa City Jaguars in the Tournament as well. Moved by O'Donnell, seconded by Vanderhoef, to adjourn meeting at 10:05 p.m. The Mayor declared the motion carried unanimously, 7/0, all coun~ersU~ Ross Wilburn, Mayor }J~u/ ,f'. ~ Ma . 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 - 6/5/07 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. Absent: None. The Mayor proclaimed Arc of Johnson County Month - June 2007, Bill Reagan, Executive Director accepting. Colin Hennessey, President of the Board of Directors for the Iowa City Public Library Friends Foundation, presented a $100,000 check to the City as the fourth payment on their pledge of $1 M for helping with the Library expansion and remodeling in 2004. 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: May 14, Special Council Work Session; May 14, 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): Airport Commission - April 12, 2007; Board of Adjustment - March 28, 2007; Board of Adjustment - April 11, 2007; Planning and Zoning Commission - May 3, 2007; Senior Center Commission - April 17, 2007; Human Rights Commission - March 27, 2007; Telecommunications Commission - April 23, 2007; Youth Advisory Commission - April 25, 2007. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Weeks-Van Eck Post #3949,609 Highway 6 E; Class C Liquor License for 808 Restaurant & Night Club, Inc., 121 Iowa Ave.; Class C Liquor License for Dublin Underground, 5 S. Dubuque St.; Class C Beer Permit for Kum & Go#422, 513 S. Riverside Dr. Setting a Public Hearing: RES. 07-164, SETTING A PUBLIC HEARING ON JUNE 19,2007 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MERCER PARK AQUATIC CENTER ROOF REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 07-165, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORMWATER MANAGEMENT EASEMENT AGREEMENT, SANITARY SEWER EASEMENT AGREEMENT AND WATER MAIN EASEMENT AGREEMENT FOR ACT MAIN CAMPUS, IOWA CITY, IOWA; RES. 07- 166, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORMWATER MANAGEMENT EASEMENT AGREEMENT AND A SANITARY SEWER EASEMENT AGREEMENT FOR LOT 1, B.D.!. THIRD ADDITION (ACT Official Actions June 5, 2007 Page 2 MCCARREL DISTRIBUTION CENTER), IOWA CITY, IOWA; RES. 07-167, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A LEASE AGREEMENT WITH DURHAM SCHOOL SERVICES FOR RENTAL OF TWO STORAGE BAYS WITHIN THE STORAGE BUILDING OWNED BY THE CITY AND LOCATED AT 4213 SAND ROAD FOR THE PURPOSE OF STORING SCHOOL BUSSES, MATERIALS AND TOOLS; RES. 07-168, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE FOR BUSINESS PROPERTY WITH THE JOHNSON COUNTY AGRICULTURAL ASSOCIATION FOR RENTAL OF THE JOHNSON COUNTY 4-H BUILDING FOR PURPOSES OF STORAGE OF CITY EQUIPMENT. Correspondence: JCCOG Traffic Engineering Planner regarding Install NO PARKING HERE TO CORNER sign on the north side of Harlocke Street; 21 Only Ordinance letters from Michael Briggs and Wayne Lindsey, Brigett Richmond; Betty Proe regarding Homeless Shelters; Fight Night correspondence from Leah Cohen and Geoffrey Lauer; Dubuque and Church Street Intersection letters from Lisa Collier, Lowell Brandt, David Rust and Joy Smith; Tom Saterfiel regarding Sidewalk issue [Staff response included]; Petition signed by 195 people for Sunday Bus Service [submitted by Sherry Christoffer]; Jail Overcrowding letters from Scott Blackstock, Travis Cox, Ray Lakers, Kelly Martin(x2), Thomas O'Connor, Jerry Szymeczek, Gail White; Charles Hsu regarding Highway exit on Rohret Road [Staff response included]; Rod Sullivan regarding City deposits [Staff response included]; Dominic Liberatore regarding Complete streets policy; Susan Craig regarding Library Bus Debut; Taxi Stands in Downtown Iowa City letters from Craig Gustaveson, Mark Ginsberg; Carol Seydel regarding Tree removal from river [Staff response included]; Heather Sanderson regarding The ReallD Act; Craig Gustaveson regarding Use of Sidewalks. The Mayor repeated the public hearing as set. The Mayor declared the motion carried. Monte Cox, 3915 Aspen Hills Dr. (Bettendorf), appeared regarding "Fight Night" at the Union Bar. Craig Gustaveson, President of the Downtown Association, 2603 E. Court St., requested Council rescind their earlier decision to restrict certain commercial loading zones to be taxi stands after 5PM; and requested Council consideration of changing the ordinance to expand sidewalk days to four days. Mike Porter, 760 Forest Edge Dr. (Coralville), appeared regarding taxi stands in commercial loading zones. Moved and seconded to set a public hearing for June 19, 2007 on an ordinance rezoning approximately 15.42 acres of land located south and west of Whispering Meadows drive from Medium Density Single Family Residential (RS-8) to High Density Single Family Residential (RS-12) (REZ06-00025). The Mayor declared the motion carried. Moved and seconded to set a public hearing for June 19, 2007 on an ordinance rezoning approximately 34.86 acres of land located south and west of Whispering Meadows Drive from Medium density Single Family Residential (RS-8) and High Density Single Family Residential (RS-12) to Planned Development Overlay 8 (OPD-8) and Planned Overlay 12 (OPD-12) (REZ06-00026). 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- 4262, VACATING A PORTION OF HOLLYWOOD BOULEVARD LOCATED SOUTH OF Official Actions June 5, 2007 Page 3 HIGHWAY 6 AND EAST OF BROADWAY STREET (VAC07- 00001) 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. The Mayor declared the ordinance adopted. Moved and seconded to accept correspondence from Dave Nordstrom. The Mayor declared the motion carried. A public hearing was held on a resolution authorizing conveyance of a vacated six-foot (6') wide portion of right-of-way located along Hollywood Boulevard south of Highway 6 and east of Broadway Street to Nordstrom Oil Company. Moved and seconded to adopt RES. 07-169, AUTHORIZING CONVEYANCE OF A VACATED SIX-FOOT (6') WIDE PORTION OF RIGHT-OF-WAY LOCATED ALONG HOLLYWOOD BOULEVARD SOUTH OF HIGHWAY 6 AND EAST OF BROADWAY STREET TO NORDSTROM OIL COMPANY. 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- 4263, 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) AND APPROVING A SENSITIVE AREAS DEVELOPMENT PLAN FOR PROPERTY LOCATED NORTH OF IZAAK WALTON ROAD EAST OF OAKCREST HILL ROAD. (REZ07-00004), be voted on for final passage at this time. The Mayor requested Council Members disclose ex parte communications, and none was reported. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted. Moved and seconded to accept correspondence from John Richards. The Mayor declared the motion carried. Moved and seconded to adopt RES. 07-170, APPROVING THE PRELIMINARY AND FINAL PLAT OF PEPPERWOOD PLAZA, A SUBDIVISION OF IOWA CITY, IOWA. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the Durable Pavement Marking Project 2007, 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. 07-171, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE DURABLE PAVEMENT MARKING PROJECT 2007, 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 that ordinance amending Title 1, Chapter 9-3B of the Code of Ordinances of Iowa City, Iowa and amending the boundaries of certain voting precincts in Iowa City to reflect various boundary changes to the corporate limits of Iowa City, be given first vote. 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- 4264, AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED, COMMERCIAL USE OF SIDEWALKS," Official Actions June 5, 2007 Page 4 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 voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded that the ordinance amending Title 9, entitled" Motor Vehicles and Traffic" to define the meaning of various pedestrian crossing signals, be given first vote. The Mayor declared the motion carried. Moved and seconded to adopt RES. 07-172, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2007 PCC PAVEMENT REHABILITATION PROJECT - BENTON STREET. 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 and B Occupancies. HIS Director Boothroy, Deputy Fire Chief Jensen, and Sr. Building Inspector Hennes present for discussion. The following individuals appeared: Leah Cohen, 1638 Teg Dr., owner of Bo James; Mike Porter, 760 Forest Edge Dr. (Coralville), owner of The Summit and One Eyed Jake's; Rebecca Neades, Chamber of Commerce; Ruadhri Brown, owner of Dublin Underground; Majority of Council agreed to amend the ordinance by deleting voice alarm systems and changing language in above and below ground establishments to remove the requirement to sprinkle the first floor at the level of egress. Moved and seconded to continue pubic discussion to June 19 (and schedule for June 18 work session). The Mayor declared the motion carried. Moved and seconded to defer to June 19, 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 and B Occupancies. The Mayor declared the motion carried. The Mayor noted the current vacancies: Housing & Community Development Commission for three vacancies to fill three-year terms September 1, 2007 - September 1, 2010; Human Rights Commission to fill an unexpired term ending January 1, 2010; Police Citizens Review Board to fill a four-year term September 1,2007 - September 1,2011; Youth Advisory Commission for one vacancy (Age 15 to 17 on the date of filing) to fill an unexpired plus a two-year term ending December 31,2009. Applications must be received by 5:00 p.m., Wednesday, July 18, 2007. Moved and seconded to accept correspondence from Eric Berger and Sarah Ziegenhorn. The Mayor declared the motion carried. Moved and seconded to appoint Florence Ejiwale, 2020 G Street, to the Human Rights Commission to fill an unexpired term ending January 1, 2009. The Mayor declared the motion carried. Mayor Wilburn stated he had a conflict of interest on the next item and left the meeting. Mayor Pro tem Bailey presiding. Moved and seconded to appoint Rebecca McMurray, 1904 Gleason Avenue, to the Housing & Community Development Commission to fill an unexpired ending September 1, 2008. The Mayor Pro tem 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 Official Actions June 5. 2007 Page 5 Zoning Commission to fill a six-year term January 1, 2006 - December 31, 2011; Historic Preservation Commission for one appointment for a 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 re-appoint Mike O'Donnell to the SEATS Paratransit Advisory Committee for a term ending June 30, 2009. The Mayor declared the motion carried. Moved and seconded to adjourn meeting at 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/M~n K..Karr, ~ ~ SUbmi~IiCation - 6/13/07. ~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 JUNE 5, 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, Boothroy, Craig, Davidson, Hennes, Grier, Rocca, Jensen. Council minutes tape recorded on Tape 07-44, Both Sides. The Mayor proclaimed Arc of Johnson County Month - June 2007, Bill Reagan, Executive Director accepting. Colin Hennessey, President of the Board of Directors for the Iowa City Public Library Friends Foundation, presented a $100,000 check to the City as the fourth payment on their pledge of $1 M for helping with the Library expansion and remodeling in 2004. Moved by Champion, seconded by Correia, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: May 14, Special Council Work Session; May 14, 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): Airport Commission - April 12, 2007; Board of Adjustment - March 28, 2007; Board of Adjustment - April 11, 2007; Planning and Zoning Commission - May 3, 2007; Senior Center Commission - April 17, 2007; Human Rights Commission - March 27, 2007; Telecommunications Commission - April 23, 2007; Youth Advisory Commission - April 25,2007. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Weeks-Van Eck Post #3949 Veterans of Foreign Wars dba Weeks-Van Eck Post #3949,609 Highway 6 E; Class C Liquor License for 808 Restaurant & Night Club, Inc., dba 808 Restaurant & Night Club, Inc., 121 Iowa Ave.; Class C Liquor License for Dublin Underground, Inc., dba Dublin Underground, 5 S. Dubuque St.; Class C Beer Permit for Kum & Go, LC, dba Kum & Go#422, 513 S. Riverside Dr. Setting a Public Hearing: RES. 07-164, SETTING A PUBLIC HEARING ON JUNE 19,2007 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MERCER PARK AQUATIC CENTER ROOF REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 07-165, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORMWATER MANAGEMENT EASEMENT AGREEMENT, SANITARY SEWER EASEMENT AGREEMENT AND WATER MAIN EASEMENT AGREEMENT FOR ACT MAIN CAMPUS, IOWA CITY, IOWA; RES. 07- Complete Description June 5, 2007 Page 2 166, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORMWATER MANAGEMENT EASEMENT AGREEMENT AND A SANITARY SEWER EASEMENT AGREEMENT FOR LOT 1, B.D.1. THIRD ADDITION (ACT MCCARREL DISTRIBUTION CENTER), IOWA CITY, IOWA; RES. 07-167, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A LEASE AGREEMENT WITH DURHAM SCHOOL SERVICES FOR RENTAL OF TWO STORAGE BAYS WITHIN THE STORAGE BUILDING OWNED BY THE CITY AND LOCATED AT 4213 SAND ROAD FOR THE PURPOSE OF STORING SCHOOL BUSSES, MATERIALS AND TOOLS; RES. 07-168, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE FOR BUSINESS PROPERTY WITH THE JOHNSON COUNTY AGRICULTURAL ASSOCIATION FOR RENTAL OF THE JOHNSON COUNTY 4-H BUILDING FOR PURPOSES OF STORAGE OF CITY EQUIPMENT. Correspondence: JCCOG Traffic Engineering Planner regarding Install NO PARKING HERE TO CORNER sign on the north side of Harlocke Street; 21 Only Ordinance letters from Michael Briggs and Wayne Lindsey, Brigett Richmond; Betty Proe regarding Homeless Shelters; Fight Night correspondence from Leah Cohen and Geoffrey Lauer; Dubuque and Church Street Intersection letters from Lisa Collier, Lowell Brandt, David Rust and Joy Smith; Tom Saterfiel regarding Sidewalk issue [Staff response includ~d]; Petition signed by 195 people for Sunday Bus Service [submitted by Sherry Christoffer]; Jail Overcrowding letters from Scott Blackstock, Travis Cox, Ray Lakers, Kelly Martin(x2), Thomas O'Connor, Jerry Szymeczek, Gail White; Charles Hsu regarding Highway exit on Rohret Road [Staff response included]; Rod Sullivan regarding City deposits [Staff response included]; Dominic Liberatore regarding Complete streets policy; Susan Craig regarding Library Bus Debut; Taxi Stands in Downtown Iowa City letters from Craig Gustaveson, Mark Ginsberg; Carol Seydel regarding Tree removal from river [Staff response included]; Heather Sanderson regarding The ReallD Act; Craig Gustaveson regarding Use of Sidewalks. The Mayor repeated the public hearing as set. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Monte Cox, 3915 Aspen Hills Dr. (Bettendorf), appeared regarding "Fight Night" at the Union Bar. Craig Gustaveson, President of the Downtown Association, 2603 E. Court St., requested Council rescind their earlier decision to restrict certain commercial loading zones to be taxi stands after 5PM; and requested Council consideration of changing the ordinance to expand sidewalk days to four days. Majority of Council directed staff to prepare ordinance amendment to extend sidewalk days, and stated Council has requested additional information on the taxi stand matter and the item will be discussed at the June 18 work session. Mike Porter, 760 Forest Edge Dr. (Coralville), appeared regarding taxi stands in commercial loading zones. Moved by Bailey, seconded by O'Donnell, to set a public hearing for June 19, 2007 on an ordinance rezoning approximately 15.42 acres of land located south and west of Whispering Meadows drive from Medium Density Single Family Residential (RS-8) to High Density Single Family Residential (RS-12) (REZ06-00025). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Complete Description June 5, 2007 Page 3 Moved by Vanderhoef, seconded by Bailey, to set a public hearing for June 19, 2007 on an ordinance rezoning approximately 34.86 acres of land located south and west of Whispering Meadows Drive from Medium density Single Family Residential (RS-8) and High Density Single Family Residential (RS-12) to Planned Development Overlay 8 (OPD-8) and Planned Overlay 12 (OPD-12) (REZ06-00026). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 07-4262, VACATING A PORTION OF HOLLYWOOD BOULEVARD LOCATED SOUTH OF HIGHWAY 6 AND EAST OF BROADWAY STREET (VAC07- 00001) (Sonic Burger) be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Dave Nordstrom. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution authorizing conveyance of a vacated six-foot (6') wide portion of right-of-way located along Hollywood Boulevard south of Highway 6 and east of Broadway Street to Nordstrom Oil Company (Sonic Burger). No one appeared. Moved by O'Donnell, seconded by Champion, to adopt RES. 07-169, AUTHORIZING CONVEYANCE OF A VACATED SIX-FOOT (6') WIDE PORTION OF RIGHT-OF-WAY LOCATED ALONG HOLLYWOOD BOULEVARD SOUTH OF HIGHWAY 6 AND EAST OF BROADWAY STREET TO NORDSTROM OIL COMPANY (Sonic Burger). A majority of Council requested that the $14,455.35 be set aside in a Housing Service Trust Account and appear as a separate line item in the budget in the future. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Correia, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. Nays: Elliott. Absent: None. Moved by Bailey, seconded by O'Donnell, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 07-4263, 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) 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 voted on for final passage at this time. The Mayor requested Council Members disclose ex parte communications, and none was reported. PCD Director Franklin present for discussion. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by Bailey, to Complete Description June 5, 2007 Page 4 accept correspondence from John Richards. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Correia, seconded by Champion, to adopt RES. 07-170, APPROVING THE PRELIMINARY AND FINAL PLAT OF PEPPERWOOD PLAZA, A SUBDIVISION OF IOWA CITY, IOWA. 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 Durable Pavement Marking Project 2007, 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 Bailey, seconded by Champion, to adopt RES. 07-171, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE DURABLE PAVEMENT MARKING PROJECT 2007, 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. Asst. PCD Director Davidson present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Bailey, that ordinance amending Title 1, Chapter 9- 3B of the Code of Ordinances of Iowa City, Iowa and amending the boundaries of certain voting precincts in Iowa City to reflect various boundary changes to the corporate limits of Iowa City, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Correia, that the 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. 07-4264, 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 voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Correia, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance amending Title 9, entitled" Motor Vehicles and Traffic" to define the meaning of various pedestrian crossing signals, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Champion, to adopt RES. 07-172, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2007 PCC PAVEMENT REHABILITATION PROJECT - BENTON STREET to Iowa Erosion Control, Inc. for $196,234.65. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description June 5, 2007 Page 5 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 and B Occupancies. His Director Booth roy, Deputy Fire Chief Jensen, and Sr. Building Inspector Hennes present for discussion. The following individuals appeared: Leah Cohen, 1638 Teg Dr., owner of Bo James; Mike Porter, 760 Forest Edge Dr. (Coralville), owner of The Summit and One Eyed Jake's; Rebecca Neades, Chamber of Commerce; Ruadhri Brown, owner of Dublin Underground; Majority of Council agreed to amend the ordinance by deleting voice alarm systems and changing language in above and below ground establishments to remove the requirement to sprinkle the first floor at the level of egress. Moved by Vanderhoef, seconded by Correia, to continue pubic discussion to June 19 (and schedule for June 18 work session). The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia. Nays: Elliott. Absent: None. Moved by Vanderhoef, seconded by O'Donnell, to defer to June 19, 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 and B Occupancies. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the current vacancies: Housing & Community Development Commission for three vacancies to fill three-year terms September 1, 2007 - September 1, 2010; Human Rights Commission to fill an unexpired term ending January 1, 2010; Police Citizens Review Board to fill a four-year term September 1,2007 - September 1,2011; Youth Advisory Commission for one vacancy (Age 15 to 17 on the date of filing) to fill an unexpired plus a two-year term ending December 31,2009. Applications must be received by 5:00 p.m., Wednesday, July 18, 2007. Moved by Vanderhoef, seconded by Correia, to accept correspondence from Eric Berger and Sarah Ziegenhorn. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Correia, to appoint Florence Ejiwale, 2020 G Street, to the Human Rights Commission to fill an unexpired term ending January 1, 2009. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. 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 Correia, to appoint appoint Rebecca McMurray, 1904 Gleason Avenue, to the Housing & Community Development Commission to fill an unexpired ending September 1, 2008. The Mayor Pro tem declared the motion carried unanimously, 6/0, Wilburn abstaining. Mayor Wilburn returned to the meeting. 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 appointment fora 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.] Complete Description June 5, 2007 Page 6 Moved by Bailey, seconded by Correia, to re-appoint Mike O'Donnell to the SEATS Paratransit Advisory Committee for a term ending June 30, 2009. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Correia noted the successful volunteer effort by the Youth Advisory Commission on having a table the past week-end at Arts Fest. Council Member Champion stated the request from the Downtown Association to extent sidewalk days does not reflect a change in practice but rather just the o'rdinance. Mayor Pro tem Bailey congratulated Summer of the Arts on the wonderful Arts Festival the previous week-end; and noted the passing of Helen Finken. Council Member Elliott acknowledged the long meeting and that Council and staff were tackling a perplexing problem; and wished Jim Rogers peace and courage. Mayor Wilburn offered condolences to the family of Professor Steve Fox; congratulated Summer of the Arts for the Arts Festival the previous week-end and stated he was looking forward to future events. Moved by O'Donnell, seconded by Vanderhoef, to adjourn meeting at 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 1 ~ 1 -~= -......!t -...--.... ~~~;ee ~ ~arn~ -..:. CITY OF IOWA CITYcrn: MEMORANDUM Date: June 4, 2007 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, June 4,2007,6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn UISG Rep: Volland Staff: Atkins, Helling, Dilkes, Karr, Franklin, Morris, Elias, Fosse, Jordan, Hargadine Tapes: 07-39, Side 2; 07-43, Both Sides (A complete transcription is available in the City Clerk's Office) PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following items: C. VACATING A PORTION OF HOLLYWOOD BOULEVARD LOCATED SOUTH OF HIGHWAY 6 AND EAST OF BROADWAY STREET (VAC07- 00001) (SECOND CONSIDERATION) (Sonic Burger) D. AUTHORIZING CONVEYANCE OF A VACATED SIX-FOOT (6') WIDE PORTION OF RIGHT-OF-WAY LCOATED ALONG HOLLYWOOD BOULEVARD SOUTH OF HIGHWAY 6 AND EAST OF BROADWAY STREET TO NORDSTROM OIL COMPANY. (Sonic Burger) F. APPROVING THE PRELIMINARY AND FINAL PLAT OF PEPPERWOOD PLAZA, A SUBDIVISION OF IOWA CITY, IOWA. (DEFERRED FROM 5/14) COUNCIL APPOINTMENTS Airport Zoning Bd of Adjustment - No applicants; re-advertise Airport Zoning Commission - No applicants; re-advertise Historic Preservation Commission - No applicants; re-advertise Housing & Community Development -(Mayor conflict of interest; abstaining) Rebecca McMurray Human Rights Commission - Florence Ejiwale RECYCLING CENTER Public Works Architectural Services Kumi Morris presented a power point presentation of the facility and distributed a booklet at the conclusion. Recycling Coordinator Jordan and Supt. Of Wastewater Elias present for discussion. STAFF ACTION: Proceed as outlined. (Morris) Council Work Session June 4, 2007 Page 2 FIGHT NIGHT (Reference consent calendar 4f(4) and IP2 of May 31 Information Packet) Police Chief Hargadine and City Atty. Dilkes present for discussion. After discussion, majority directed the City Atty. to prepare an ordinance banning amateur fighting in liquor establishments. STAFF ACTION: Prepare ordinance and submit to Council. (Dilkes) DEER TASK FORCE DECISION [IP17 May 31 Information Packet] After discussion a majority agreed to dissolve the Deer Task Force. In response to Council Member Vanderhoef, it was suggested that Project Green be contacted regarding the development of an education piece on plantings. STAFF ACTION: Proceed as directed. (Atkins) OLD BUS DEPOT After discussion a majority agreed to tear down the building and submit creative ideas to the City Manager for development of a campus type use for the area. STAFF ACTION: Proceed as directed. (Atkins) URBAN ENVIROMENTAL ACCORDS [IP10 May 10 Information Packet] Tabled until Mayor Wilburn obtains further information. SALES TAX After discussion, Mayor Wilburn offered to make informal contact with other Johnson County mayors on the subject and report back. COUNCIL TIME 1. (Consent Calendar # 4f(11) - Dominic Liberatore regarding Complete Street Policy.) Mayor Pro tem Bailey noted the letter from Thunderhead Alliance and questioned if the City could address issues raised. Majority requested that Asst. Transportation Planner Yapp attend a Council work session to discuss the matter prior to a response. 2. (Consent Calendar # 4f (13) - Craig Gustaveson regarding Taxi Stand in Downtown Iowa City.) Majority requested information from staff on enforcement (use of the spaces by the taxi companies, tickets issued, information on whether taxis are still parking in the middle of the street, etc.) and directed staff to schedule the matter for the June 18 work session. Based on the information Council would then direct staff to prepare an ordinance change for July. 3. (Item # 9 - ordinance amending Title 10 ...Use for sidewalk cafes ... exception to the 8 foot unobstructed walkway requirement in the CB2 and CB5 zones.) Council Member Champion encouraged the use of the sidewalk for non alcohol establishments, and not require a fence. City Atty. Dilkes stated there is no requirement for a fence unless alcohol is served. Council Work Session June 4, 2007 Page 3 4. (Item # 12 - ordinance amending Title 7 ...... A-2 and B Occupancies) Council Member Elliott requested that the language clarify "adoption of the International Code with Iowa City amendments" rather than "amending the International Code". Council Member Correia requested clarification of A-2 and B occupancies. City Manager Atkins reminded Council of their agreement to discuss this matter at the formal meeting only, and stated he would have staff respond to Council Member Correia at the formal meeting. 5. (Item # 10 - ordinance amending Title 9 .... Define the meaning of various pedestrian crossing signals.) In response to Mayor Pro tem Bailey, the City Atty. stated this ordinance was to address issues raised in Magistrates Court on the meaning of signals showing hands and walking people. SCHEDULE OF PENDING DISCUSSION ITEMS 1. Council requested that the Police Chief attend a work session to discuss tasers (IP4 of May 24 Information Packet); federal COPS Program update; enforcement capacity should the 21 initiative ordinance pass; and possible liquor sign ordinance provisions. City Atty. Dilkes stated the next formal agenda would have two items related to the proposed 21 ordinance (first consideration of the ordinance as proposed - Council vote up or down; and if voted down a resolution putting it on the ballot). She stated that Council would have to be careful about use of any public resources to lobby for or against a ballot issue and that could be discussed at the next work session. 2. (Item # 15 - Paratransit appointment) Council Member O'Donnell stated he would be glad to be reappointed but would be happy to step aside if another Council Member were interested. 3. Council Member Champion suggested designated parking for motor scooters and motorcycles. 4. Council Member Correia reported on a meeting with Asst. City Manager Helling, Human Rights Coordinator Bowers and Human Rights Commissioners Witwer and Baird about the Partnership for Working Towards Inclusive Communities sponsored by the National League of Cities and encouraged the City becoming enrolled in this initiative. Council expressed an interest to proceed. 5. Council set 9: 15AM for staff evaluations on Monday, July 2. Meeting adjourned 9:00 PM.