Loading...
HomeMy WebLinkAbout2007-07-24 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 24, 2007 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Pro tem Bailey presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef. Absent: Wilburn. Staff members present: Atkins, Helling, Dilkes, Karr, Hennes, Davidson, Hightshoe, Morris, Briggs, Rackis, Trueblood. Council minutes tape recorded on Tape 07-56, Side 2, Tape 07-57, Sides 1 & 2. The Mayor Pro tem proclaimed Persons with Disabilities Day - July 28, 2007; Keith Ruff, Peer Coordinator, Everet Conner Center accepting; Community Development Week - July 30 - August 5,2007, Housing and Community Development Commission Vice Chair Brian Richman accepting. Moved by Champion, seconded by Vanderhoef, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: July 9, Special Council Work Session; July 10, 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): Animal Care Task Force - May 24,2007; Animal Care Task Force - June 14, 2007; Board of Appeals - June 4,2007; Historic Preservation Commission - May 31,2007; Historic Preservation Commission - June 12,2007; Police Citizens Review Board - May 7, 2007; Youth Advisory Commission - May 30, 2007. Permit Motions and Resolutions as Recommended by the City Clerk. .New: Special Class C Liquor License for JJG, LLC, dba T.Spoons, 301 E. Market St., Temporary Five Day Class B Beer Permit for Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival Tent A, 2140 Rochester Ave.(August 30 - September 3, 2007), Temporary Five Day Class B Beer Permit for Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival Tent B, 2140 Rochester Ave.(August 30 - September 3, 2007), Outdoor Service Area for Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival, 2140 Rochester Ave., Special Class C Liquor License for P & M Restaurant, Inc., dba Sushi Papa, 725 Mormon Trek Blvd. Renewal: Class C Liquor License for Field House Company, Inc., dba Field House, 111 E. College St., Class C Liquor License for Chackalackal, Inc., dba One Twenty Six, 126 E. Washington St., Class C Liquor License for High Energy Food Concepts, Inc., dba Martini's, 127 E. College St., Outdoor Service Area for High Energy Food Concepts, Inc., dba Martini's, 127 E. College St., Class C Beer Permit for Kmart Corporation dba Big Kmart, 901 Hollywood Blvd. RES. 07-206, TO ISSUE DANCE PERMIT to Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival, 2140 Rochester Ave. and Field House Company, Inc., dba Field House, 111 E. College St. Resolutions: RES. 07-207, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A Complete Description July 24, 2007\ Page 2 MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 1526 ABER AVENUE, IOWA CITY, IOWA. RES. 07-208, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A DECLARATION OF CONDOMINIUM REGIME FOR LOT 10, LONGFELLOW MANOR CONDOMINIUMS; RES. 07-209, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A DECLARATION OF CONDOMINIUM REGIME FOR LOT 11, LONGFELLOW MANOR CONDOMINIUMS. Setting a Public Hearing: RES. 07-210, SETTING PUBLIC HEARING FOR AUGUST 21,2007, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 960 LONGFELLOW PLACE; RES. 07-211, SETTING PUBLIC HEARING FOR AUGUST 21,2007, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 962 LONGFELLOW COURT; RES. 07-212, SETTING PUBLIC HEARING FOR AUGUST 21,2007, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 983 LONGFELLOW PLACE; RES. 07-213, SETTING PUBLIC HEARING FOR AUGUST 21,2007, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 985 LONGFELLOW COURT; RES. 07-214, SETTING A PUBLIC HEARING FOR AUGUST 21,2007 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF NAPOLEON PARK RESTROOM AND CONCESSION BUILDING, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Correspondence: Acting Traffic Engineering Planner regarding Installation of a NO PARKING CORNER TO HERE sign on Kimball Avenue; Acting Traffic Engineering Planner regarding NO PARKING HERE TO CORNER sign on George Street; Cornell Avenue letters from Claire Black-Hanson, David & Colleen Kane, Allen Stroh [Staff response included]; Peter Hansen regarding Yes to Destiny [response from Mayor Wilburn included]; Storm water concern on Sandusky Drive and Briar Drive letters from David Dickey, Tom and Francine Jacobs; David Smith regarding Curbside Recycling [staff response included]; B. Jane Davis regarding Utility bill question [staff response included]; Charlotte Walker regarding Thank you; Judy Pfohl regarding Thank you for your support of Ty'n Cae Neighborhood; Geoff O'Connor regarding RSYC Press Release; Katie DeVries regarding Quicker Access to Assault Alerts. The Mayor Pro tem repeated public hearings as set. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor Pro tem declared the motion carried. Craig Gustaveson, President of the Downtown Association, thanked Council for listening and removing the taxi stand in the loading zones and for changing the ordinance to allow the expanded sidewalk sales; and acknowledged the 21 years of service by retiring City Manager Steve Atkins. Moved by O'Donnell, seconded by Correia, to set a public hearing for August 21, 2007 on a resolution to amend the Northeast District Plan to integrate a large institutional property into the plan for the Lindemann Hills Neighborhood (St. Patrick's) north of the public square along Lower West Branch Road. The Mayor Pro tem declared the motion carried unanimously, 6/0, Wilburn absent. Complete Description July 24, 2007\ Page 3 Moved by Champion, seconded by Vanderhoef, to set a public hearing for August 21, 2007 on a resolution for a voluntary annexation of 14 acres of land owned by Henrietta Miller and 1.89 acres of land owned by the City of Iowa City located north of Lower West Branch Road, Brentwood Drive, and Broadmoor Lane (St. Patrick's). The Mayor Pro tem declared the motion carried unanimously, 6/0, Wilburn absent. Moved by Vanderhoef, seconded by Correia, to set a public hearing for August 21, 2007 on an ordinance conditionally rezoning approximately 14 acres of land from County Residential (R) to Low Density Single Family Residential (RS-5) and approximately 1.89 acres of land from County Residential (R) to Neighborhood Public (P-1) located north of Lower West Branch Road, Brentwood Drive, and Broadmoor Lane (REZ07 -00010) (St. Patrick's). The Mayor Pro tem declared the motion carried unanimously, 6/0, Wilburn absent. 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 (RS-12) (REZ06- 00025) and 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) (REZ06-00026). The Mayor Pro tem requested that Council Members disclose ex parte communications. Individual Council Members shared information, and expressed their views. PCD Director Davidson present for discussion. Steve Gordon, AM Management, appeared. Moved by O'Donnell, seconded by Correia, that the 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 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- 00026)] be given first vote. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor Pro tem declared the motion carried. Moved by Champion, seconded by Vanderhoef, 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) (Johnson County), be given second vote. The Mayor Pro tem requested that Council Members disclose ex parte communications, and none were disclosed. Affirmative roll call vote unanimous, 5/0, Correia abstaining, Wilburn absent. The Mayor Pro tem declared the motion carried. Moved by Champion, seconded by Correia, that the ordinance vacating a portion of Court Street right-of-way between Clinton Street and Capitol Street (VAC07-00003), be given second vote. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor Pro tem declared the motion carried. Moved by Vanderhoef, seconded by Correia, to adopt RES. 07-215, INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF THE VACATED PORTION OF COURT STREET RIGHT-OF-WAY BETWEEN CLINTON STREET AND CAPITOL STREET, AND SETTING A PUBLIC HEARING ON SAID PROPOSED CONVEYANCE FOR AUGUST 21, Complete Description July 24, 2007\ Page 4 2007. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor Pro tem declared the resolution adopted. A public hearing was held on a resolution authorizing the Mayor to sign and the City Clerk to attest an agreement to 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 and a memorandum of understanding between the City of Iowa City and the University of Iowa for the boathouse facility. No one appeared. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 07-216, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT TO 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 AND A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA FOR THE BOATHOUSE FACILITY. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor Pro tem declared the resolution adopted. 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. 07-4269, AMENDING TITLE 4, ENTITLED" ALCOHOLIC BEVERAGES" TO PROHIBIT POSSESSION OF OPEN ALCOHOLIC BEVERAGES ON PUBLIC PROPERTY be voted on for final passage at this time. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor Pro tem declared the motion carried. Moved by Vanderhoef, seconded by Correia, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor Pro tem declared the ordinance Moved by O'Donnell, seconded by Champion, that ORD. 07-4270, 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 passed and adopted. Moved by Champion, seconded by Correia, to amend the ordinance by excluding USA sanctioned boxing. The following individuals appeared: Marcus Perkins, 411 S. Scott Blvd. and Adam Pollack, 220 River St. #2A.lndividual Council Members expressed their views. The Mayor Pro tem declared the amendment defeated, 3/3, with the following division of voice vote: Ayes: Correia, Vanderhoef, Champion. Nays: O'Donnell, Elliott, Bailey. Absent: Wilburn. Affirmative roll call vote on original motion unanimous, 6/0, Wilburn absent. The Mayor Pro tem declared the ordinance adopted. Moved by Bailey, seconded by Vanderhoef, to accept correspondence from Andy Knebel, Teresa Larson, Adam Meyer, Cindy Parsons, Dave Parsons, Doug Parsons, Adam Pollack, Madison Adams, Emily Klinefelter, and Joel Brown. The Mayor Pro tem declared the motion carried unanimously, 6/0, Wilburn absent. Moved by Champion, 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 3, entitled "Use for Sidewalk Cafes," to allow sidewalk cafes to encompass raised planters in City Plaza under limited circumstances, be given second consideration. The following individuals appeared: Atty. John Beasley, rep. Complete Description July 24, 2007\ Page 5 Don Stalkfleet; Craig Gustaveson, rep. Downtown Association; Michael Dillon, Pop's Italian Beef; Rep. of It's Brothers Bar & Grill; Mike Porter, The Summit and One Eyed Jake's; Brian Flynn, Joe's Place and Donnelly's Downtown; Jay Guyson; Ofer Savana; and Jim Mondanaro, The Saloon. Individual Council Members expressed their views. Moved by Vanderhoef, seconded by Bailey, to defer indefinitely. The Mayor Pro tem declared the motion carried, 4/2, with the following show of hands: Ayes: Elliott, Vanderhoef, Bailey, Correia. Nays: O'Donnell, Champion. Absent: Wilburn. Moved by Vanderhoef, seconded by Correia, to accept correspondence from Brian Flynn, Jim Mondanaro, Thomas Dean, Debbie Cowherd, Cat Fribley, Geoffrey Lauer, Cara Hall, Juliet Reid, Analiese Bendorf, lise Bendorf, and Michael Crane. The Mayor Pro tem declared the motion carried unanimously, 6/0, Wilburn absent. Moved by Vanderhoef, seconded by Correia, to defer indefinitely the resolutions rescinding Resolution No. 06-16 and adopting a fee schedule and deposit requirements for use of public right-of-way for sidewalk cafes and the resolution authorizing the Mayor to sign and the City Clerk to attest a license agreement for temporary use of public right-of-way among the City of Iowa City, landowner Maureen Mondanaro, and tenant Saloon of Iowa City, I.C. d/b/a The Saloon for a sidewalk cafe. The Mayor Pro tem declared the motion carried unanimously, 6/0, Wilburn absent. Moved by Correia, seconded by O'Donnell, to adopt RES. 07-217, AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA REGARDING THE CONSTRUCTION OF THE GRAND AVENUE STREET IMPROVEMENTS PROJECT. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor Pro tem declared the resolution adopted. Moved by O'Donnell, seconded by Champion, to adopt RES. 07-218, TO ADOPT THE IOWA CITY HOUSING AUTHORITY'S AMENDED PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY POLICY (ACOP). Individual Council Members expressed their views. The Mayor Pro tem declared the resolution adopted, 4/2, with the following division of roll call vote. Ayes: Champion, Elliott, O'Donnell, Vanderhoef. Nays: Bailey, Correia. Abstaining: Wilburn. Moved by Champion, seconded by Correia, to adopt RES. 07-219, APPROVING FUNDING FOR LA REYNA, 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. Alex Castilo appeared. The Mayor Pro tem declared the resolution adopted, 5/1, with the following division of roll call vote. Ayes: Correia, O'Donnell, Vanderhoef, Bailey, Champion. Nays: Elliott. Absent: Wilburn. Moved by Correia, seconded by Champion, to adopt RES. 07-220, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE COURT HILL TRAIL PROJECT. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor Pro tem declared the resolution adopted. Moved by O'Donnell, seconded by Champion, to adopt RES. 07-221, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND NEUMANN MONSON PC TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE SENIOR Complete Description July 24, 2007\ Page 6 CENTER ADA RESTROOM RENOVATION PROJECT. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor Pro tem declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 07-222, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE MERCER PARK AQUATIC CENTER ROOF REPLACEMENT PROJECT to Geisler Brothers Co., Dubuque, Iowa for a total amount of $310,542.00 (including Alternate A). Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor Pro tem declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to adopt RES. 07-223, AMENDING THE BUDGETED POSITIONS IN THE TRANSIT DIVISION OF THE PARKING AND TRANSIT DEPARTMENT BY INCREASING THREE MAINTENANCE WORKER I - TRANSIT POSITIONS FROM .75 TO FULL TIME POSITIONS. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor Pro tem declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 07-224, CONCERNING MEDIACOM COMMUNICATIONS CORPORATION'S 2007 UPDATING OF RATES FOR BASIC CABLE SERVICES. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor Pro tem declared the resolution adopted. Moved by Vanderhoef, seconded by Champion, that ORD. 07-4271, 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 passed and adopted. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor Pro tem declared the ordinance adopted. Moved by Champion, seconded by O'Donnell, to adopt RES. 07-225, APPROVING FIRE AND LIFE-SAFETY IMPROVEMENT LOAN PROGRAM FOR EXISTING A-2 AND B OCCUPANCIES WITH AN ALCOHOLIC BEVERAGES DIVISION LICENSE (ABDL). Individual Council Members expressed their views. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor Pro tem declared the resolution adopted. Moved by O'Donnell, seconded by Champion, to adopt RES. 07-226, APPROVING SETTLEMENT OF CLAIM, to Bob & Heidi Thurnhorst for $29,654.82. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor Pro tem declared the resolution adopted. Moved by Correia, seconded by Vanderhoef, to make the following appointments to Boards and Commissions: Re-appoint Brian Richman, 230 S yth Avenue and Holly Jane Hart, 228 S. Summit #C6 to the Housing & Community Development Commission for two vacancies to fill three-year terms September 1,2007 - September 1,2010 and appoint Charles Drum, 1136 Franklin Street to the Housing & Community Development Commission for one vacancy to fill three-year terms September 1, 2007 - September 1, 2010; appoint Newman Abuissa, 1428 Buresh Avenue, to the Human Rights Commission to fill an unexpired term ending January 1,2010; appoint Don King, 373 N. 1st Avenue, to The Police Citizens Review Board to fill a four-year term September 1, 2007 - September 1, 2011. The Mayor Pro tem declared the motion carried unanimously, 6/0, Wilburn absent. Moved by O'Donnell, seconded by Correia, to accept correspondence from Kristi Lohmeier, Brian Braun. The Mayor Pro tem declared the motion carried, 6/0, Wilburn absent. The Mayor Pro tem noted following vacancies would be readvertised: Airport Zoning Brd of Adjustment to fill an unexpired term plus a five-year term ending December 31,2011; Complete Description July 24, 2007\ Page 7 Airport Zoning Commission to fill a six-year term January 1,2006 - December 31,2011; Historic Preservation Commission for (1) Summit St District Rep, to fill three year terms March 29, 2007 - March 29, 2010; Youth Advisory Commission for one vacancy (Age 15 to 17 on the date of filing) for an unexpired plus a two-year term ending December 31,2009. [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.] The Mayor Pro tem noted the previously announced vacancy for Human Rights Commission - One vacancy to fill an unexpired term ending January 1, 2010. Applications must be received by 5:00 p.m., Wednesday, August 15, 2007. Former Mayor Ernie Lehman thanked retiring City Manager Steve Atkins for his 21 years of service to the community. Council Member Correia noted correspondence regarding removal of benches around the Old Capitol Town Center bus area, and requested further information. Staff will report back. In response to Correia, the City Manager acknowledged the establishment of a housing trust account and stated he would confirm. Council Member Champion stated she would miss retiring City Manager Atkins. Council Member O'Donnell thanked retiring City Manager Atkins for making Iowa City a better place to live. Council Member Vanderhoef stated she appreciated all of retiring City Manager Atkins support over the years and wished him well on his next career and the rest of his life. Council Member Elliott said he had received a complaint regarding the condition of the vacant lot where St. Patrick's church once stood, and asked if it could be cleaned up; and echoed comments regarding retiring City Manager Atkins. Mayor Pro tem Bailey acknowledged the years of service and leadership of retiring City Manager Atkins and announced that a resolution is being prepared for Council's August 21 agenda officially naming the entrance into the Iowa City Treatment Plant "Atkins Drive". Retiring City Manager stated he would miss "it", stating he was retiring just short of attending 2,000 Council meetings. City Attorney Dilkes stated she and the City Manager had a great working relationship and she had appreciated working with him for the past ten years. Moved by O'Donnell, seconded by Vanderhoef, to adjourn meeting at 9:00 p.m. The Mayor Pro tem declared the motion carried unani sly, 6/0 all Cou '1 Members present. ... ' ~~ ,t/. ~ Ma' K. Karr, City Clerk j ~ 1 -~= -~ ~~W~'t ~ ~mu' -.: CITY OF IOWA CITyt=: MEMORANDUM Date: July 9,2007 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, July 9,2007,6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn UISG Rep: Volland Staff: Atkins, Helling, Dilkes, Karr, Trueblood, Yapp, Davidson, Craig, Goodman, Severson Tapes: 07-51, Both Sides; 07-52, Side 1 (A complete transcription is available in the City Clerk's Office) ADDITION TO CONSENT CALENDAR Majority agreed to add 2d(2) setting of a public hearing for July 24 on intent to enter into an agreement to 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. AGENDA ITEMS 1. (Agenda item # 10 - resolution authorizing ... agreement between Greenplay .... City of Iowa City... consulting services to complete a comprehensive parks, recreation, and trails master plan) In response to Council Member Correia, Parks & Recreation Director Trueblood indicated a representative from the Youth Advisory Commission could be considered on the Advisory Committee. 2. (Consent Calendar Addition # 2d(2) - setting public hearing... agreement to lease city property along the Iowa River in Terrell Mill Park... boat house and dock to the Board of Regents, State of Iowa for the benefit of the University of Iowa) In response to Mayor Pro tem Bailey, Parks & Recreation Director Trueblood stated a presentation is planned on the project at the work session 0 July 23, prior to action on the agreement July 24. [Agenda item discussion continued later in meeting] PLANNING & ZONING ITEMS PCD Director Davidson presented information on the following item: B. VACATING A PORTION OF COURT STREET RIGHT-OF-WAY BETWEEN CLINTON STREET AND CAPITOL STREET. (VAC07-00003) Council Work Session July 9, 2007 Page 2 COMPLETE STREETS POLICY (Aaenda item # 12) Asst. Transportation Planner Yapp present for discussion. Majority agreed to proceed as outlined. UPDATE ON JOINT EMERGENCY COMMUNICATION CENTER (IP2 of July 5 Info Packet) Mayor Pro tem Bailey facilitated discussion. EXTEND THE DREAM FUNDING (IP3 of July 5 Info Packet) Mayor Wilburn left the table due to a conflict of interest, Mayor Pro tem Bailey now presiding. JCCOG Human Services Coordinator Severson present for discussion. After discussion a majority agreed to proceed as outlined. STAFF ACTION: Staff will develop an agreement for the funding and initiate semi annual payments ($2500.) - Oct 07 and March 08; and also complete a budget carryover for $5,000 from FY 07 contingency fund to cover this request. (Severson) ANIMAL SHELTER POLICIES Mayor Wilburn now presiding. Animal Services Division Supervisor Goodman presented information on the operations of the Shelter and distributed a fact sheet. FARMERS MARKET PARKING Council Member Correia requested that the City Hall lot be available for Farmers Market parking on Saturday mornings. The City Manager reported the difficulties with car storage parking on weekends, and the problems with no enforcement or free parking on Saturdays in the lot. After discussion a majority directed staff to put up a sign on indicating Farmers Market parking from 7:30 AM to 11 :30 AM on Saturdays. STAFF ACTION: Proceed as outlined. AGENDA ITEMS (continued) 2. (Agenda item # 16 - Resolution authorizing... lease agreement... State Board of Regents... University of Iowa for the lease of commercial space in the Iowa City Public Library) Library Director Craig present for discussion. 3. (Agenda item # 9 - ordinance amending Title 10 ... use for sidewalk cafes... to allow... cafes to encompass raised planters in the City Plaza under certain circumstances) In response to Council Member Elliott, City Atty. Dilkes stated the planters were City property and not the property of abutting businesses. 4. (Agenda item # 13 - resolution authorizing... installation of speed humps on Kimball Road between N. Governor Street and Whiting Avenue) City Atty. Dilkes stated this was Council Work Session July 9, 2007 Page 3 her street and she would not be available for legal advice. PCD Director Davidson present for discussion, and indicated that if a majority is interested in scheduling another discussion on the traffic calming policy itself he would do so. 5. (Agenda item # 7 - ordinance amending Title 8 ... Amateur Fighting and Boxing" to prohibit... at establishments that are licensed to serve alcohol) Council Member Vanderhoef indicated an interest to amend the ordinance to allow US Boxing Sanctioned events. 6. (Agenda item # 5 - ordinance amending Title 4 ... to prohibit possession of open alcoholic beverages in public property) In response to Mayor Pro tern Bailey, the City Attorney explained that the current ordinance does not specify that the container had to be open or unsealed and this clarifies the language. 7. (Agenda item # 19 - ordinance amending... Title 7 ... Fire and Life Saving Requirements for new or existing group A-2 and B occupancies) In response to Council Member Vanderhoef, City Clerk and Asst. City Manager Helling clarified that emails to Council should include full last names. 8. (Consent Calendar # 2f(1 0) - Peninsula Neighborhood Development) In response to Council Member Vanderhoef, PCD Director Davidson requested that the item be referred back to staff to work with the developer and respond back to Council. 9. (Agenda item # 15 - resolution authorizing City Manager to award Public Improvements contracts, execute said contracts authorize work and approve contractors performance and payment bonds for... projects pursuant to Iowa Code Section 26.14) In response to Council Member Elliott, City Atty. Dilkes outlined recently passed legislation. 10. (Agenda item # 11 - Resolution approving funding for Discerning Eye... from Iowa City's Community Development Block Grant Economic Development Fund ...) Mayor Wilburn left the table due to conflict of interest. Mayor Pro tern Bailey now presiding. Council Member Elliott raised concerns regarding failure to disclose bankruptcy information. 11. Mayor Wilburn now presiding (Consent Calendar # 2c - Permit motions...) Council Member Correia requested an update on number of Paula's, noting that reports were routinely given; and requested information on checks of sales to minors in convenience stores 12. (Consent Calendar # 4f(4) - correspondence from George Gusick, Sr. regarding Patron assaulted at Brothers Bar) The City Manager stated the incident is being investigated and a report will be forth coming. COUNCIL TIME 1. Council Member Correia noted the recent newsletter from Springsted (Financial Advisors) on a symposium for the public sector in Kansas City and questioned City Council Work Session July 9, 2007 Page 4 participation. The City Manager stated most financial advisors do these type of presentations and staff does attend selectively. 2. Council Member Vanderhoef indicated she had applications for leadership training grants and/or scholarships from the National League of Cities for anyone interested. 3. Council Member Champion questioned the status of the study on parking issues on Dubuque Street, noting the Councilors Elliott and O'Donnell were designated as Council representatives. Neither Councilor stated they had received any information on a meeting. 4. Council Member Champion noted no use of the two commercial loading zones on Iowa Avenue are not being used, and asked for discussion at an upcoming work session. JOINT MEETING (IP4 of July 5 Info Packet) Majority agreed to move the meeting to 4:30 PM on Wednesday, August 22. STAFF ACTION: Notify other jurisdictions of date change. (Karr) FALL MEETING SCHEDULE (IP5 of July 5 Info Packet) Majority agreed to the meeting schedule outlined but with two modifications: Rescheduling November 19 and 20 to November 26 and 27 Meetings in December to be December 10 and 11 only STAFF SCHEDULE: Revised memo included in July 12 information packet. (Karr) SCHEDULE OF PENDING DISCUSSION ITEMS Meeting adjourned 8: 11 PM. cr 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 - 7/10/07 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. Moved and seconded 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 St.; Class C Liquor License for J & E, Inc., dba Formosa Asian Cuisine, 241 E. College St.; Class C Liquor License for Etre, LLC, dba Etc., 118 S. Dubuque St.; Class C Liquor License for pub Gal, Inc., dba IC Uglys, 210 N. Linn St.; Class C Liquor License for I.C. Mill Associates, LLC, dba Mill Restaurant, 120 E. Burlington St.; Outdoor Service Area for I.C. Mill Associates, LLC, dba Mill Restaurant, 120 E. Burlington St.; 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 St.; 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 LEASE CITY PROPERTY ALONG THE IOWA RIVER IN TERRELL MILL PARK FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF A BOAT HOUSE AND Official Actions July 10, 2007 Page 2 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. The Mayor declared the motion carried. 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 and seconded 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. Francine Jacobs, Official Actions July 10, 2007 Page 3 1132 Briar Drive, presented pictures and book regarding storm water problems on June 22. Moved and seconded to accept correspondence. The Mayor declared the motion carried. 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). Atty. Andy Chappell, representing Johnson County, appeared. Moved and seconded 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. 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). Moved and seconded that the ordinance vacating a portion of Court Street right-of-way between Clinton Street and Capitol Street (VAC07-00003), be given first vote. 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 (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) (REZ06-00026). 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 and seconded to continue public hearings to July 24. The Mayor declared the motion carried. Moved and seconded to defer first consideration of both ordinances to July 24. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 4, entitled "Alcoholic Beverages" to prohibit possession of open alcoholic beverages on public property, 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- 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. 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 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. The Mayor declared the original motion on second consideration carried. Moved and seconded to accept correspondence from Monte Cox, Michael Crane, Adam Pollack, and Kenneth Buffington. 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 Official Actions July 10, 2007 Page 4 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. 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 3, entitled" Use for Sidewalk Cafes," to allow sidewalk cafes to encompass raised planters in City Plaza under limited circumstances, be given first vote. The Mayor declared the original motion carried. Moved and seconded 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. Mayor Wilburn had a conflict of interest on the next item and left the meeting. Mayor Pro tem Bailey presiding. Moved and seconded 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. Mayor Wilburn returned to the meeting. Moved and seconded 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. Moved and seconded to adopt RES. 07-200, AUTHORIZING THE INSTALLATION OF SPEED HUMPS ON KIMBALL ROAD BETWEEN N. GOVERNOR STREET AND WHITING AVENUE. 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. Moved and seconded to accept correspondence from Anita Hutton, Don Madsen, Sarah and Scott Hansen, Tom Saterfiel, and Barb McFarland. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded 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 CODE SECTION 26.14(2007). Moved and seconded 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. Official Actions July 10, 2007 Page 5 Moved and seconded to adopt RES. 07-204, ON UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2008 FOR THE CITY ATTORNEY AND CITY CLERK. Moved and seconded to adopt RES. 07-205, APPROVING THE APPOINTMENT OF DALE HELLING AS INTERIM CITY MANAGER FOR THE CITY OF IOWA CITY, IOWA. 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 second vote. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Dave Smuck. The Mayor declared the motion carried. 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 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 is on file in the office of the City Clerk. s/Ross Wilburn, Mayor s/Marian K., Karr, ~ C~~ Sua,~blication - 7/17/07. ~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 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 St.; Class C Liquor License for J & E, Inc., dba Formosa Asian Cuisine, 241 E. College St.; Class C Liquor License for Etre, LLC, dba Etc., 118 S. Dubuque St.; Class C Liquor License for pub Gal, Inc., dba IC Uglys, 210 N. Linn St.; Class C Liquor License for I.C. Mill Associates, LLC, dba Mill Restaurant, 120 E. Burlington St.; Outdoor Service Area for I.C. Mill Associates, LLC, dba Mill Restaurant, 120 E. Burlington St.; 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 St.; 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 IOWACITY, 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. Dilkes 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. Ross Wilburn, Mayor Marian K. Karr, City Clerk