Loading...
HomeMy WebLinkAbout2007-07-10 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 JULY 10, 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, Yapp, Hightshoe. Council minutes tape recorded on Tape 07-50, Both Sides; Tape 07-52, Both Sides. Moved by Champion, seconded by O'Donnell, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended and add Item 2d(2) setting a public hearing for July 24,2007, to consider the intent to enter into an agreement to lease city property along the Iowa River in Terrell Mill Park for construction of a Boat House and Dock to the Board of Regents, State of Iowa for the benefit of the University of Iowa and to delete from Consent Calendar Item 2d(1) setting a public hearing on plans, specifications, form of contract and estimate of cost for the construction of Napoleon Park restroom and concession building: Approval of Council Actions, subject to corrections, as recommended by the City Clerk. June 18, Regular Council Work Session; June 19, Regular Council Formal Official and Complete; July 2, Special Council Formal Official and Complete; July 2, Special Council Work Session. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Parks and Recreation Commission - May 9, 2007; Historic Preservation Commission - May 17, 2007; Telecommunications Commission - May 21, 2007; Planning and Zoning Commission - June 7, 2007; Public Library Board of Trustees - May 24, 2007; Human Rights Commission - May 22,2007; Public Art Advisory Committee - May 3,2007. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Vito's of Iowa City, Inc., dba Vito's, 118 E. College S1.; Class C Liquor License for J & E, Inc., dba Formosa Asian Cuisine, 241 E. College S1.; Class C Liquor License for Etre, LLC, dba Etc., 118 S. Dubuque S1.; Class C Liquor License for pub Gal, Inc., dba IC Uglys, 210 N. Linn S1.; Class C Liquor License for I.C. Mill Associates, LLC, dba Mill Restaurant, 120 E. Burlington S1.; Outdoor Service Area for I.C. Mill Associates, LLC, dba Mill Restaurant, 120 E. Burlington S1.; Class C Beer Permit for FAP Enterprises, Inc., dba Gasby's East, 2303 Muscatine Ave. Class E Liquor License for Hartig Drug Company, Inc., dba Hartig Drug Store #10,701 Mormon Trek Blvd.; Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #3,2410 Mormon Trek Blvd.; Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #5,206 E. Benton S1.; Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #1,525 Highway 1 West; Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #2,1920 Lower Muscatine Rd.; RES. 07-188, TO ISSUE DANCING PERMIT; RES. 07-189, TO ISSUE CIGARETTE PERMITS. Setting a Public Hearing: RES. 07-190, SETTING A PUBLIC HEARING FOR JULY 24,2007, TO CONSIDER THE INTENT TO ENTER INTO AN AGREEMENT TO Complete Description July 10, 2007 Page 2 LEASE CITY PROPERTY ALONG THE IOWA RIVER IN TERRELL MILL PARK FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF A BOAT HOUSE AND DOCK TO THE BOARD OF REGENTS, STATE OF IOWA FOR THE BENEFIT OF THE UNIVERSITY OF IOWA. Resolutions: RES. 07-191, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BY THE CITY OF IOWA CITY WITH JOHNSON COUNTY PERMANENT SUPPORTIVE HOUSING LIMITED PARTNERSHIP; RES. 07-192, AUTHORIZING AND DIRECTING THE FILING OF AN APPLICATION ON BEHALF OF THE CITY OF IOWA CITY WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER SECTIONS 5307, 5309, 5310, 5316, AND 5317 OF CHAPTER 49, U.S. CODE OF FEDERAL REGULATIONS, FOR FY2007 TRANSIT OPERATING AND/OR CAPITAL ASSISTANCE FUNDING, AND DESIGNATING THE CITY MANAGER AS THE CITY OFFICIAL AUTHORIZED TO EXECUTE AND PROCESS SAID APPLICATION; RES. 07-193, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING AN AGREEMENT, A PROMISSORY NOTE, AND A MORTGAGE FOR PROPERTY LOCATED AT 1153 -1155 HOTZ AVENUE, IOWA CITY, IOWA; RES. 07-194, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF MORTGAGE FOR THE PROPERTY LOCATED AT 2814 IRVING AVENUE, IOWA CITY, IOWA; RES. 07-195, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING EIGHT CONDITIONAL GRANT AGREEMENTS AND FOUR PROMISSORY NOTES, FOR PROPERTIES LOCATED AT 8,11,16,19,24,27,32, 35 CONEFLOWER COURT, 2160-2162 TAYLOR DRIVE, 913-913 ~ NORTH GOVERNOR STREET, 424 AND 441 DOUGLASS COURT, IOWA CITY, IOWA; RES. 07-196, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR PROPERTY LOCATED AT 2438 NEVADA AVENUE, IOWA CITY, IOWA. Correspondence: Acting Traffic Engineering Planner regarding Installation of (1) Iowa City Transit BUS STOP sign; Acting Traffic Engineering Planner regarding Removal of taxicab stands on Iowa Avenue and Washington Street in the Central Business District; JCCOG Traffic Engineering Planner regarding Removal of NO PARKING BETWEEN SIGNS signs with ARROWS in the 600 block of E. Davenport Street; George Gusick, Sr. regarding Patron assaulted at Brothers Bar [staff response included]; Kathleen Anderson regarding Towing Policy [staff response included]; Josh Thomas regarding Taser approval; Sara O'Leary regarding Thank you for festival grounds improvements in Lower City Park; Mike Missen regarding Make Iowa City a greener city; Hudson Francis regarding Marijuana laws in Iowa City; Peninsula Neighborhood Development letters from Barry Kemper[staff response included], Gwen Johnson-TEAM, Alan Swanson; Irene Klinzman regarding Mediacom; Alex Pop regarding Fireworks. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Complete Description July 10,2007 Page 3 The Mayor and Council proclaimed Friday, July 27,2007, as Steve Atkins Day in Iowa City and invited the community to a reception that day from 2-4:30 PM thanking retiring City Manager Steve Atkins for his 21 years with the City. Tom Jacobs, 1132 Briar Drive, presented a petition requesting action on storm water problems on Sandusky and Briar Drives, and a DVD of the evening of June 22. Moved by O'Donnell, seconded by Correia, to accept correspondence (DVD will be in the office of the City Clerk until August 1 and then returned to Mr. Jacobs.) The Mayor declared the motion carried, 7/0, all Council Members present. Francine Jacobs, 1132 Briar Drive, presented pictures and book regarding storm water problems on June 22. Moved by Vanderhoef, seconded by Correia, to accept correspondence. The Mayor declared the motion carried, 7/0, all Council Members present. A public hearing was held 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 (REZ07-00009) (Johnson County). PCD Director Jeff Davidson presented information. Atty. Andy Chappell, representing Johnson County, appeared. The Mayor requested that Council Members disclose ex parte communications, and none were reported. Moved by O'Donnell, seconded by Champion, that the 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 (REZ07-00009), be given first vote. The Mayor declared the motion carried unanimously, 6/0, Correia abstaining due to a conflict of interest. A public hearing was held on an ordinance vacating a portion of Court Street right-of- way between Clinton Street and Capitol Street (VAC07-00003). No one appeared. Moved by Bailey, seconded by Vanderhoef, that the ordinance vacating a portion of Court Street right-of-way between Clinton Street and Capitol Street (VAC07-00003), be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Public hearings were held on 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 Jeff Davidson presented information. The Mayor requested that Council Members disclose ex parte communications. Individual Council Members shared information, and expressed their views. The following individuals appeared: Steve Gordon, AM Management, developer for the property; Dan Terrell, 133 Stanwyck Dr.; Majority of Council indicated they supported a 50/50 split on road costs. Moved by Vanderhoef, seconded by Bailey to continue public hearings to July 24. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Vanderhoef, to defer first consideration of both ordinances to July 24. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description July 10, 2007 Page 4 Moved by O'Donnell, seconded by Champion, that the ordinance amending Title 4, entitled "Alcoholic Beverages" to prohibit possession of open alcoholic beverages on public property, be given first vote. City Atty. Dilkes responded to questions. 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 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. 07-4267, 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 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 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. Moved by Champion, seconded by O'Donnell, 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 second vote. Adam Pollack, 220 River St., appeared. After discussion, moved by Vanderhoef, seconded by Champion to amend the ordinance to exempt events sanctioned by USA Boxing. The Mayor declared the amendment defeated, 3/4, with the following division of voice vote. Ayes: Vanderhoef, Correia, Champion. Nays: Wilburn, Bailey, Elliott, O'Donnell. Absent: None. The Mayor declared the original motion on second consideration carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Vanderhoef, to accept correspondence from Monte Cox, Michael Crane, Adam Pollack, and Kenneth Buffington. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. 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. 07-4268, 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 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 Bailey, 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 Bailey, 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 allow sidewalk cafes to encompass raised planters in City Plaza under limited circumstances, be given first vote. Individual Council Members expressed their views. Motion by Elliott to defer to 7/24 died for lack of a second. The Mayor declared the original motion carried, 6/1, with the following Complete Description July 10, 2007 Page 5 division of roll call vote. Ayes: Champion, Correia, O'Donnell, Vanderhoef, Wilburn, Bailey. Nays: Elliott. Absent: None. Moved by Correia, seconded by O'Donnell, to adopt RES. 07-197, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN GREENPLAY, LLC OF BROOMFIELD, COLORADO AND THE CITY OF IOWA CITY FOR CONSULTING SERVICES TO COMPLETE A COMPREHENSIVE PARKS, RECREATION AND TRAILS MASTER PLAN. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Mayor Wilburn had a conflict of interest on the next item and left the meeting. Mayor Pro tem Bailey presiding. Moved by Champion, seconded by O'Donnell, to adopt RES. 07- 198, 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. Individual Council; Members expressed their views. 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 Correia, to adopt RES. 07-199, ADOPTING A COMPLETE STREETS POLICY FOR THE CITY OF IOWA CITY, IOWA AND REPEALING RESOLUTION NO. 07-109. Mark Wyatt, Executive Director of the Iowa Bicycle Coalition, appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Bailey, to adopt RES. 07-200, AUTHORIZING THE INSTALLATION OF SPEED HUMPS ON KIMBALL ROAD BETWEEN N. GOVERNOR STREET AND WHITING AVENUE. City Atty. Dilkes stated she had a conflict, as she lives on this street, and left the table for discussion of this item. JCCOG Transportation Planner Yapp presented information. The following individuals appeared: Robin Lindenboom, 700 Kimball Rd.; Kirk Phillips, 532 Kimball Rd.; Zach Goldsmith, 721 Kimball Rd.; Diane Funk, 520 Kimball Rd.; Randy Ferguson, 712 Kimball Rd.; and Andy Long, 703 Kimball Ave. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Anita Hutton, Don Madsen, Sarah and Scott Hansen, Tom Saterfiel, and Barb McFarland. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by O'Donnell, to adopt RES. 07-201, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN, ET AL, AND TENANT LINN STREET CAFE, INC. D/B/A LINN STREET CAFE, FOR A SIDEWALK CAFE. 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. 07-202, AUTHORIZING CITY MANAGER TO AWARD PUBLIC IMPROVEMENT CONTRACTS, EXECUTE SAID CONTRACTS, AUTHORIZE WORK AND APPROVE CONTRACTOR'S PERFORMANCE AND PAYMENT BOND FOR PUBLIC IMPROVEMENT PROJECTS PURSUANT TO IOWA Complete Description July 10,2007 Page 6 CODE SECTION 26.14(2007). City Atty. Djlkes presented information on the new State Code. 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. 07-203, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A LEASE AGREEMENT WITH THE STATE BOARD OF REGENTS FOR THE USE AND BENEFIT OF THE UNIVERSITY OF IOWA FOR THE LEASE OF COMMERCIAL SPACE IN THE IOWA CITY PUBLIC LIBRARY BUILDING. City Atty. Dilkes stated the lease would include a provision authorizing the Library Director to work out details on a matter concerning the air handling system. 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. 07-204, ON UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2008 FOR THE CITY ATTORNEY AND CITY CLERK. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Bailey, to adopt RES. 07-205, APPROVING THE APPOINTMENT OF DALE HELLING AS INTERIM CITY MANAGER FOR THE CITY OF IOWA CITY, IOWA. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Motion by Champion to expedite consideration died for lack of a second. 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 second vote. City Atty. Dilkes noted a non-substantive change regarding a conflict with the International Fire Code and voice alarms that had been made. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Vanderhoef, to accept correspondence from Dave Smuck. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously announced vacancies on 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 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. The Mayor announced the current vacancy on Human Rights Commission to fill an unexpired term ending January 1,2010. Applications must be received by 5:00 p.m., Wednesday, August 15, 2007. Correspondence from Sherry Hunter received. [Staff will not publish additional notices after a period of six publications; but will continue to advertise Complete Description July 10, 2007 Page 7 vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council Member Elliott requested City allocate funds and clean up the old Deep Rock gas station at the corner of Muscatine and First Avenue. The City Manager reported that owners of the property have been contacted and are not willing to work with the City on clean up. Mayor Pro tem Bailey acknowledged the efforts, and thanked, everyone involved with the Jazz Festival, and the Hancher celebration with the Joffrey Ballet; and asked if bicycle racks could be installed for use at the Shakespeare Theater in City Park. Council Member Vanderhoef echoed comments regarding Jazz Fest and Hancher and added thank you's to Friends of Hickory Hill Park for working with Johnson County Heritage Trust on purchasing land adjacent to Hickory Hill Park to expand the natural areas and thanked the Edberg and Willa Dicken's family for offering the land at a reduced price. Council Member Correia stated the Shakespeare Theater was wonderful and acknowledged the new bathrooms and lighted walkway, and noted the collaborative efforts with Riverside Theater; and congratulated Hancher on their "Joffrey" gift to Iowa; reported that she will be participating in a National League of Cities and United Way joint effort on earned income tax campaigns, and campaigns for economic self-sufficiency in communities; and is continuing to work with Asst. City Manager Helling, Human Rights Coordinator Bowers and the Human Rights Commission on planning the inclusive communities project and more information will be provided to Council in the coming months. Mayor Wilburn stated he would be participating in RAGBRAI and will not be at the next Council meeting but will be back for the open house for the City Manager on Friday, July 27; and acknowledged the journalism students in attendance. Moved by Elliott, seconded by Vanderhoef, to adjourn meeting at 10:05 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. ~.U~ Ross Wilburn, Mayor ~d~~~ Man K. Karr, City Clerk I ~ ! ~~s_u:,.... ~~~~~ ~~~aD'~ --.. - - J ;~~ CITY OF IOWA CITY MEMORANDUM Date: June 18, 2007 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, June 18,2007,6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn UISG Rep: Volland Staff: Atkins, Helling, Dilkes, Karr, Hargadine, Johnson, Morris, Kopping, Mejia, Boothroy, Jensen, Rocca, Hennes Tapes: 07-45 and 07-46, Both Sides (A complete transcription is available in the City Clerk's Office) T ASER PURCHASE/COPS GRANT Police Chief Hargadine and Police Capt. Johnson presented a power point presentation. Majority agreed to proceed with purchase utilizing grant monies. STAFF ACTION: Proceed as outlined. (Hargadine) TAXI STANDS Police Chief Hargadine and Police Capt. Johnson presented information. After discussion a majority of Council requested that the decision to utilize certain downtown loading zones after 5PM for taxi stands be repealed at the next formal meeting. STAFF ACTION: Prepare memo for repealing practice for consideration on July 10. (Transportation Planning) FIREARMS TRAINING Police Chief Hargadine and Police Capt. Johnson presented information. Johnson County Sheriff Pulkrabek present for discussion. After discussion a majority of Council directed the City Manager to proceed with negotiations for the purchase of the land subject to City Council approval, and continue discussions with Johnson County. STAFF ACTION: Proceed as outlined. (Hargadine and Atkins) Council Work Session June 18, 2007 Page 2 SCHEDULE OF CITY MANAGER RECRUITMENT (IP2 of 6/14 Info Packet) Human Resources Director Mejia present for discussion. Council agreed to: appointing Asst. City Manager Helling as Interim City Manager utilization of a consultant for recruitment and development of an RFP involving citizens in the process scheduled a special work session following staff evaluations on July 2 for further discussion STAFF ACTION: Schedule special work session for July 2 to immediately follow special formal. (Karr) SENIOR CENTER RENOVATIONS Senior Center Coordinator Kopping and Architectural Services Staff Morris distributed "Proposed Costs" for a project that includes: a chiller/boiler project; roof replacement; water main project; and ADA restroom renovations. STAFF ACTION: Majority of Council agreed to proceed with the project(s) as outlined. A-2/B REGULATIONS AND INCENTIVES (Agenda item # 22) HIS Director Boothroy and Sr. Bldg Inspector Hennes present for discussion on the revised ordinance. Majority of Council directed staff to remove the voice alarm requirement for new users in the ordinance (Section 907.2.1) After discussion Council agreed that the incentive financing package was permanent financing and after the project was completed and approved the City would reimburse the establishment (eliminating a trigger date); established a $1 million dollar cap on the fund; agreed to 1 % loan if paid back within 5 years and the City market rate % for loans paid back after 5 years and before 10 years; and agreed it was not a revolving fund. STAFF ACTION: Revise ordinance for first consideration June 19; proceed with incentive package. (Boothroy) AGENDA ITEMS/COUNCIL TIME 1. (Agenda item # 16 - resolution approving funding... Discerning Eye... Community Development Block Grant) Mayor Wilburn stated he would be abstaining on this item due to a conflict of interest. Mayor Pro tem Bailey stated the applicant had requested indefinite deferral. 2. (Agenda item # 6c - ordinance... rezoning.... Whispering Meadows) In response to Council Member Elliott, City Atty. Dilkes stated all discussion should wait until the formal meeting. Council Work Session June 18, 2007 Page 3 3. (Agenda item # 15 - resolution .... Agreement to Lend Berry Court Limited ... 14 units of affordable housing) Individual Council Members responded to questions from Council Member Vanderhoef. 4. (Agenda item # 12 and # 13 - Ordinance... resolution.... Citizen initiative petition....) City Atty. Oilkes responded to questions. 5. (Consent Calendar # 3e(4) - Resolution ... approving conditional zoning agreement ... Tyler Rodgers...) In response to Council Member Elliott, the City Manager reported that the property owner, City and County have agreed to the agreement. 6. In response to Council Member Correia, the City Manager reported the City was experiencing people using the City Hall lot for car storage over the weekends and were enforcing it. Majority of Council requested signage to allow for Farmers Market parking. 7. In response to Council Member Champion, the City Manager reported that the automated trash trucks are working well and that the City was going to purchase another one. 8. (Consent Calendar # 3f(6) - Paula Brandt re multi family garbage pick up) Council Member Vanderhoef stated she felt the request to prohibit pick up until after 7:00 a.m. was reasonable, Council Members Champion and Bailey agreed. The City Manager will report back. SCHEDULE OF PENDING DISCUSSION ITEMS None Meeting adjourned 8:45 PM. 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 - 6/19/07 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 Pride Month: June 2007, Carlton Blackburn accepting. Moved and seconded 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 1 0, 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 Colonial Lanes, 2253 Old Highway 218 S.; Class C Liquor License for Wig & Pen Pizza Pub, 1220 Highway 6 West; Outdoor Service Area for Wig & Pen Pizza Pub, 1220 Highway 6 West; Class C Liquor License for Skybox, 124 ~ E. Washington St.; Class C Liquor License for Dave's Foxhead Tavern, 402 E. Market St.; Class C Liquor License for Fraternal Order of Eagles Iowa City Aerie #695,225 Hwy 1 W. 7; Class C Liquor License for Linn Street Cafe, Inc., 121 North Linn St.; Class C Liquor License for American Legion Roy L Chopek Post #17, 3016 Muscatine Ave.; Special Class C Liquor License for Z'Mariks Noodle Cafe, 19 S. Dubuque St.; Special Class C Liquor License for Zio Johno's Spaghetti House, 953 S. Riverside Dr.; Class B Beer Permit for Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd.; Outdoor Service Area for Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd.; Class B Beer Permit for Pizza Hut #4358,1926 Keokuk St.; Class E Liquor License for CVS/Pharmacy #8547,2425 Muscatine Ave.; Class E Liquor License for John's Grocery, Inc., 401 E. Market St.; Class C Beer Permit for Goosetown Market, Inc., 600 B N. Dodge St.; RES. 07-173, TO ISSUE DANCE PERMIT to 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 Official Actions June 19,2007 Page 2 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. 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. Moved and seconded 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 (REZ07-00009). Council Member Correia abstained due to a conflict of interest. The Mayor declared the motion carried. Moved and seconded 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 (VAC07-00003). The Mayor declared the motion carried. 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 (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) (REZ06- Official Actions June 19, 2007 Page 3 00026). The following individuals appeared: Steve Gordon, AM Management; Atty. Mike Pugh, representing developers; and Ron Amelon, MMS Consultants. Moved and seconded to continue public hearings to July 10. The Mayor declared the motion carried. Moved and seconded to defer first consideration of ordinances to July 10. The Mayor declared the motion carried. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the 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. Moved and seconded 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. 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- 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 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. 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 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. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Tina Fenske, Monte Cox, Debbi Washburn. The Mayor declared the motion carried. Moved and seconded 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 Official Actions June 19, 2007 Page 4 Market vendors to prepare and sell food in Chauncey Swan Park, be given first vote. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the ordinance defeated. Moved and seconded to accept correspondence from Stephen Vlastos, Catherine Zaharis, Kyle Messerle, Matt Visek. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded 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 11- TRANSIT BLDG/MAINT POSITION. Moved and seconded 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. 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 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. Moved and seconded 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 Moved and seconded 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. Official Actions June 19, 2007 Page 5 Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. 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 and seconded to accept correspondence from Garry Klein. The Mayor declared the motion carried. Moved and seconded 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. 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.] Moved and seconded to adjourn meeting at 10:05 p.m. The Mayor declared the motion carried. A more complete description of Council activities and disbursements is on file in the office of the City Clerk and Finance Department. s/Ross Wilburn, Mayor s/Marian K. Karr, City Cler~ ) 7~~~d'x.J J2 ~ SUbm(#::LJL n;: 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 - 7/2/07 Iowa City City Council special meeting, 9:15 a.m. at City Hall. Mayor Wilburn presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Wilburn. Absent: Vanderhoef. Moved and seconded to adjourn to executive session to evaluate the professional competency of individuals whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individuals' reputations and those individuals requested a closed session. The Mayor declared the motion carried and adjourned into executive session. Moved and seconded to adjourn the special meeting at 10:35 a.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/Mar.ian K. Karr, City CI~~ .) -7?~ K. 7f'avv SUbmi~ed for publication - 7/3/07. ~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 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, Boothroy, 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, 124 ~ 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 ChopeklWalter 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 8t.; 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 (REZ07- 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 PermiHed 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 1- 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 Council Members present. Ross Wilburn, Mayor Marian 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. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JULY 2, 2007 Iowa City City Council special meeting, 9:15 a.m. at City Hall. Mayor Wilburn presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Wilburn. Absent: Vanderhoef. Staff members present: Dilkes, Karr. Council minutes tape recorded on Tape 07-48, Side 2. Moved by Bailey, seconded by Correia, to adjourn to executive session to evaluate the professional competency of individuals whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individuals' reputations and those individuals requested a closed session. (City Attorney, City Clerk). Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the motion carried and adjourned into executive session 9:20 a.m. Council returned to open session 10:33 a.m. Moved by Bailey, seconded by Correia, to adjourn the special meeting at 10:35 a.m. The Mayor declared the motion carried unanimously, 6/0, Elliott absent. Ross Wilburn, Mayor Marian K. Karr, City Clerk j ~ 1 -~= -u:t.." ~~";t:~ ,,~...=., ~_ 1 C I T Y 0 F lOW A C I T Y I ;~(:) MEMORANDUM Date: July 3, 2007 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Special Work Session, July 2,2007,10:50 AM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn Staff: Dilkes, Karr Tapes: 07-49, Both Sides (A complete transcription is available in the City Clerk's Office) Consultant Selection Process (IP4, IP5, IP6 of June 28 Info Packet) City Atty. Dilkes facilitated discussion. Council agreed to send a Request for Qualifications (RFQ) to national executive search firms as outlined in a memo from the Personnel Administrator with the following modifications: ~ Past participatory process experience involving the community ~ Include past 7 years experience with City Manager recruitment with specific identification of whether lead consultant is still with the firm ~ Confirm interviews must be in Iowa City and include lead consultant assigned to project (no telephone interviews) In addition, Council agreed to review all submittals and individually provide top 5 choices to the City Clerk for compilation of a matrix; schedule a special work session to discuss matrix and narrow down firms to be interviewed with a goal of 3-5 firms. Council agreed to the following schedule: July 17 RFQ final draft ready and available on the City website July 19 Special 4:30 p.m. work session for final review of RFQ July 20 Mailing of RFQ's with response deadline of noon August 6 August 6 - Responses from firms to RFQ ready for Council pick up after 1 :00 August 21 - Deadline for Council members to provide top 5 firms to City Clerk August 23 - Staff prepared matrix of Council results in packet August 28 - Special 6:30 p.m. work session (one item only) Selection of firms to be interviewed September 15 - Special 8:00 a.m. - 5:00 p.m. work session/interviews with firms Meeting adjourned 11 :35 AM.