Loading...
HomeMy WebLinkAbout2007-08-21 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 AUGUST 21, 2007 Iowa City City Council 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: Helling, Dilkes, Karr, Rackis, Briggs, Davidson, Klingaman, Trueblood, Ford. Moved by Correia, seconded by O'Donnell, to move up Items 7,8 and 9 at this time. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor proclaimed Partnership for Working Toward Inclusive Communities, Bev Witwer, Chair Human Rights Commission accepting. The Mayor commenced with Items 7, 8 and 9 on the agenda, and stated that the public hearing for a resolution on conveyance of a single family home located at 983 Longfellow Place had been canceled. Moved by Bailey, seconded by Correia, to adopt RES. 07-229, RESCINDING RESOLUTION NO. 07-212, WHICH SET PUBLIC HEARING FOR AUGUST 21,2007, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 983 LONGFELLOW PLACE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution authorizing conveyance of a single family home located at 962 Longfellow Court. No one appeared. Moved by O'Donnell, seconded by Correia, to adopt RES. 07-230, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 962 LONGFELLOW COURT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution authorizing conveyance of a single family home located at 985 Longfellow Court. No one appeared. Moved by Champion, seconded by Bailey, to adopt RES. 07-231, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 985 LONGFELLOW COURT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Council returned to Item 3 on the agenda. The Mayor presented certificates to two City of Iowa City Homeownership Programs and acknowledged recent closures. Lenders - Residential Mortgage Network, Jessica Grieving; and Freedom Security Bank, Tiffany Liebold. Owners - Elizabeth Randall and Nikki Hilderbrand. Emily Martin, Vice Chair of the Iowa City Public Art Advisory Committee, introduced the Program for Recognition of Art in Non-Public Spaces - Kent and Loretta Angerer - "II Compositore" aka "The Piano Man" located at 1231 E. College St.; and Recognition of Art in Non-Public Spaces - Christopher Squier - "Entasis" located at 226 Magowan. Mayor Wilburn presented certificates. Complete Description August21,2007 Page 2 Moved by Champion, seconded by Vanderhoef, that the following items and recommendations in the Consent Calendar be received, or approved, andlor adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk. July 19, Special Council Work Session; July 23, Special Council Work Session; July 24, Special Council Formal Official and Complete (1); July 24, Special Council Formal Official and Complete (2); August 2, Special Council Formal Official and Complete (1); August 2, Special Council Formal Official and Complete (2). Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). Airport Commission - June 7, 2007; Airport Commission - June 8, 2007; Airport Commission - June 28, 2007; Airport Commission - July 9, 2007; Airport Commission - August 1, 2007; Airport Commission - July 19, 2007; Senior Center Commission - June 19,2007; Public Library Board of Trustees - June 28, 2007; Parks and Recreation Commission - June 13, 2007; Youth Advisory Commission - July 18, 2007; Housing and Community Development Commission - April 19, 2007; Human Rights Commission - June 26, 2007; Planning and Zoning Commission - July 19, 2007; Planning and Zoning Commission - July 12, 2007; Planning and Zoning Commission - June 21, 2007; Board of Adjustment - May 9,2007; Public Art Advisory Committee - June 28,2007; Telecommunications Commission - June 25,2007; Board of Appeals - July 2,2007. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Beer Permit for IC Pit Stop, LLC, dba I.C. Pit Stop, 300 Kirkwood Ave.; Class C Liquor License for Chipotle Mexican Grill of Colorado, LLC, dba Chipotle Mexican Grill, 201 S. Clinton St Suite 300; Outdoor Service Area for Chipotle Mexican Grill of Colorado, LLC, dba Chipotle Mexican Grill, 201 S. Clinton St. Suite 300; Class E Liquor License for Wal-Mart Stores, Inc., dba Wal-Mart Store #1721, 1001 Hwy 1 West; Class C Liquor License for Minor Enterprises, Inc., dba Field House, 111 E. College St.; Class C Liquor License for Jaxco, LLC, dba BlackStone, 503 Westbury Dr. Suite 1; Renewal: Class C Liquor License for Atlas World Grill, Inc., dba Atlas World Grill, Inc., 127 Iowa Ave.; Class C Liquor License for Cream, LLC, dba Union Bar, 121 E. College St.; Class C Liquor License for George's Buffet, Inc., dba George's Buffet, 312 E. Market St.; Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Drugstore, 310 N. First Ave.; Class C Beer Permit for Casey's Marketing Company dba Casey's General Store #2761,204 N. Dubuque St.; Class C Beer Permit for Casey's Marketing Company dba Casey's General Store #2781, 1410 Willow Creek Dr.; Class C Beer Permit for Parth Mini Mart, Inc., dba Parth Mini Mart, 2153 ACT Circle; RES. 07-232, TO ISSUE DANCE PERMITS for Minor Enterprises, Inc., dba Field House, 111 E. College St. and Cream, LLC, dba Union Bar, 121 E. College St.; RES. 07-233, TO ISSUE CIGARETTE PERMITS to IC Pit Stop, LLC, dba I.C. Pit Stop, 300 Kirkwood Ave. Motions: Approve disbursements in the amount of $7,462,414.25 for the period of May 1 through May 31,2007, as recommended by the Finance Director subject to audit. Setting a Public Hearing: Set a public hearing on September 18, 2007 to receive public comments regarding ordinances adopting the 2006 editions of the Complete Description August 21, 2007 Page 3 International Building Code, International Residential Code, International Fire Code, Uniform Plumbing Code, International Mechanical Code, and International Fuel Gas Code; RES. 07-234. SETTING A PUBLIC HEARING ON SEPTEMBER 4,2007 ON PLANS, SPECIFICATONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRE STATION #2 DEMOLITION AND CONSTRUCTION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 07-235; SETTING A PUBLIC HEARING ON SEPTEMBER 4,2007 ON PLANS, SPECIFICATONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SENIOR CENTER ADA RESTROOM PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 07-236, APPROVING THE PUBLIC HOUSING ASSESSMENT SYSTEM MANAGEMENT OPERATIONS CERTIFICATION OF THE IOWA CITY HOUSING AUTHORITY FOR FY07; RES. 07-237, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 434 WESTSIDE DRIVE, IOWA CITY, IOWA; RES. 07-238, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1408 KEOKUK STREET, IOWA CITY, IOWA; RES. 07-239, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SANITARY SEWER AND WATERMAIN EASEMENT AGREEMENT AND A DRAINAGE EASEMENT AGREEMENT FOR THE SOUTH GILBERT STREET BUS FACILITY IN IOWA CITY, IOWA; RES. 07-240, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SANITARY SEWER EASEMENT AGREEMENT FOR 3331-3341 ROHRET ROAD IN IOWA CITY, IOWA; RES. 07-241, ACCEPTING THE WORK FOR THE 2007 SANITARY SEWER REPAIR PROJECT; RES. 07-242, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, TRAIL, CERTAIN SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS FOR STONE BRIDGE ESTATES, PART FIVE, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 07-243, ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE RIVERSIDE FESTIVAL STAGE IMPROVEMENTS PROJECT; RES. 07-244, RESCINDING RESOLUTION NO. 07- 210, WHICH SET PUBLIC HEARING FOR AUGUST 21,2007, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 960 LONGFELLOW PLACE. Correspondence: Jenna Hammerich and Eric Johnson regarding Presidential Impeachment Process; Roger Boldt and David Henderson regarding Petition on Neighborhood opposition to the proposed firing range - 125 names; Karen Thielman regarding Safety concerns on multi-use trails [Staff response included]; Kris Leesekamp regarding Jail Overcrowding; Kris Leesekamp regarding Marijuana Possession Fines; Scott and Renee Vogt regarding Recreation Center Summer Day Camp; Gretchen Gentsch regarding Sackter House Taxes [Staff response included]; Ruth Izer regarding Extending Bus Service [Staff response included]; Nhung Ta Complete Description August 21, 2007 Page 4 regarding Request for driveway(X2) [Staff memo included]; Irvin Pfab regarding Fare- Free Public Transit; Nicholas Rossi regarding Parking; Brenda and Floyd Akins regarding Camp Cardinal Rezoning; Matthew Theobald(X2) regarding Benches [Staff response included]; Mark Vining(X2) regarding Mailboxes of Iowa City [Staff response included]; Gary Kuhlmann regarding Panhandling [Staff response included]; Petition regarding Keep Ped Mall Public Space Public - 4 signatures; Martha Schut regarding Cold Stone Creamery; Nicholas Gregory regarding City Code 9-1-7 [Staff response included]; Candida Maurer regarding 1-80 enlargement [Staff response included]; Dennis Kowalski (X2) regarding Integrated high rises; Chris Dautremont(X4) regarding Kimball Road traffic calming project [Staff responses included]; Christopher Merrill regarding UNESCO Creative Cities Network; Elizabeth Cummings regarding Solon animals slated for euthanasia; Karla Miller regarding Assaults, Statistics RV AF Response to Assaults; Barrett Anderson and Carole Peterson regarding Personal Safety Problems. Christopher Merrill, director of the International Writing Program, appeared regarding his request for Iowa City to be designated a "creative city" in literature. Majority of Council agreed to assist Mr. Merrill in the proposal. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor repeated the public hearings as set and declared the motion carried. Beth Shields, 3010 Clover Street, announced the 5th Annual Iowa City Dog Paddle at City Park pool on September 4th & 5th. Nhung Ta, 326 Fairchild Street, appeared regarding her request for assistance for a driveway. Majority requested that the item be placed on the special work session on September 5th. Tom Jacobs1132 Briar Drive, appeared regarding flooding in the Sandusky, Briar, and Taylor Drive neighborhood. Majority requested that the item be placed on the special work session on September 5th. Maureen McCue, Iowa Physicians for Social Responsibility, invited Council to attend a national conference on health consequences of global warming in Iowa City September 14th through the 16th in Iowa City. Moved by Vanderhoef, seconded by Correia, to accept correspondence from Maureen McCue. The Mayor declared the motion carried unanimously, 710, all Council Members present. Moved by Bailey, seconded by O'Donnell, to set a public hearing for September 4, 2007 on an ordinance vacating a portion of Court Street, west of Madison Street and Front Street, south of Burlington Street (V AC07 -00004 ) (University Recreation Center). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Vanderhoef, to set a public hearing for September 4, 2007 on an ordinance vacating a portion of the alley located in Block 102 east of Clinton Street, between Court and Burlington Street (VAC07-00005) (Hieronymus Square). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Vanderhoef, to set a public hearing for September 4, 2007 on a ordinance rezoning approximately 2,035 square feet of property located at 301 S. Dubuque Street from Central Business Support (CB-5) Zone to Central Business (CB-10) Zone, and rezoning an additional 9,890 square feet of adjacent property from Neighborhood PubliclCentral Business Support (P1/CB-5) Zone to Central Business District (CB-10) Zone (REZ07-00008). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description August21,2007 Page 5 A public hearing was held on a resolution to amend the Northeast District Plan, an element of the Comprehensive 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. PCD Director Davidson present for discussion. The following individuals appeared: Fr. Juarez, pastor, St. Patrick's; Carl Schmidt, representing Miller Farms. Individual Council Members expressed their views. Moved by O'Donnell, seconded by Correia, to adopt RES. 07-245, TO AMEND THE NORTHEAST DISTRICT PLAN, AN ELEMENT OF THE COMPREHENSIVE PLAN, TO INTEGRATE A LARGE INSTITUTIONAL PROPERTY INTO THE PLAN FOR THE LINDEMANN HILLS NEIGHBORHOOD NORTH OF THE PUBLIC SQUARE ALONG LOWER WEST BRANCH ROAD. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution for a voluntary annexation of 14 acres of land owned by Rellim Farms, LLC 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). PCD Director Davidson present for discussion. Moved by Champion, seconded by O'Donnell, to adopt RES. 07-246, FOR A VOLUNTARY ANNEXATION OF 14 ACRES OF LAND OWNED BY RELLlM FARMS, LLC 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). Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on 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 (St. Patrick's) (REZ07-0001 0). PCD Director Davidson present for discussion. Individual Council members expressed their views. Kevin Monson, Newman Monson Architects, appeared. The Mayor requested that Council Members disclose ex parte communications. Individual Council Members shared information, and expressed their views. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Frederick Schieber. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Correia, that the 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 (St. Patrick's) (REZ07-00010), be given first vote. The Mayor declared the motion carried, 6/1, with the following division of roll call votes: Ayes: Wilburn, Champion, Correia, Elliott, O'Donnell, Vanderhoef. Nays: Bailey. Absent: None. 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. 07-4273, 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 Complete Description August 21, 2007 Page 6 FAMILY RESIDENTIAL (RS-12) (REZ06-00025), be voted on for final passage at this time. The Mayor requested that Council Members disclose ex parte communications, and none were disclosed. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Correia, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by Correia, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 07-4274, 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 voted on for final passage at this time. The Mayor requested that Council Members disclose ex parte communications, and none were disclosed. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Correia, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by O'Donnell, to adopt RES. 07-247, APPROVING THE PRELIMINARY PLAT OF WHISPERING MEADOWS SUBDIVISION, PART 4, IOWA CITY, IOWA (SUB06-00017). 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 Champion, that ORD. 07-4275, 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 passed and adopted. The Mayor requested that Council Members disclose ex parte communications, and none were disclosed. Affirmative roll call vote unanimous, 6/0/1, Correia abstaining due to a conflict of interest. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Bailey, that ORD. 07-4276, VACATING A PORTION OF COURT STREET RIGHT-OF-WAY BETWEEN CLINTON STREET AND CAPITOL STREET. (VAC07-00003), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. A public hearing was held on a resolution authorizing conveyance of the vacated portion of Court Street Right-of-Way between Clinton Street and Capitol Street. No one appeared. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 07-248, AUTHORIZING CONVEYANCE OF THE VACATED PORTION OF COURT STREET RIGHT-OF-WAY BETWEEN CLINTON STREET AND CAPITOL STREET. 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. 07-249, APPROVING THE EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF NORTH FORTY FIRST Complete Description August 21,2007 Page 7 SUBDIVISION, JOHNSON COUNTY, IOWA (SUB07-00004/SUB07-00005). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. As items 7, 8, and 9 were moved to the front of the agenda, the next item was a public discussion on a resolution approving and authorizing execution of an agreement for private redevelopment by and between the City of Iowa City and Alpla, Inc. Economic Development Coordinator Ford presented information. Moved by Bailey, seconded by Vanderhoef, to adopt RES. 07-250, APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND ALPLA, INC. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Champion, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey. Nays: Correia. Absent: None. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the Napoleon Park Concession and Restroom Facility, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by O'Donnell, seconded by Bailey, to adopt RES. 07-251, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE NAPOLEON PARK CONCESSION AND RESTROOM FACILITY, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Parks & Recreation Director Trueblood present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution 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 fencing to remain year round on cafes located on concrete platforms and to clarify that cafes may be located on public right-of-way, 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 16 of the City Code, entitled "Public Works," Chapter 3, entitled, "City Utilities," Article G, entitled "Storm Water Collection, Discharge and Runoff," to delete the exemption for concrete truck wash out, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Mayor Wilburn had a conflict of interest on the next item and left the meeting. Mayor Pro tem Bailey presiding. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 07- 252, APPROVING FUNDING FOR GLUTEN EVOLUTION, LLC 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. Economic Development Coordinator Ford presented information. The Mayor Pro tem stated that a motion by Correia to amend the resolution to lower the interest rate of the loan to 1.5% died for lack of a second. Affirmative Complete Description August 21,2007 Page 8 roll call vote unanimous, 6/0/1, Wilburn abstaining. The Mayor Pro tem declared the resolution adopted. Mayor Wilburn returned to the meeting, and now presiding. Moved by Bailey, seconded by Champion, to adopt RES. 07-253, AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR A CERTIFIED LOCAL GOVERNMENT (CLG) GRANT FOR CONDUCTING AN INTENSIVE SURVEY OF THE NEAR SOUTHSIDE AREA TO IDENTIFY, EVALUATE AND PREPARE DOCUMENTATION FOR THE HISTORIC PROPERTIES. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Wilburn, Bailey, Champion, Correia, O'Donnell, Vanderhoef. Nays: Elliott. Absent: None. Moved by Vanderhoef, seconded by Correia, to adopt RES. 07-254, NAMING THE ENTRY DRIVEWAY TO THE IOWA CITY WATER TREATMENT PLANT STEPHEN ATKINS DRIVE. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Bailey, to adopt RES. 07-255, NAMING THE POND AREA LOCATED WITHIN THE THORNBERRY OFF-LEASH DOG PARK AS LILY'S POND. 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. 07-256, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE OLD HIGHWAY 218 WATER MAIN EXTENSION PROJECT. 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. 07-257, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST CONSULTANT SUPPLEMENTAL AGREEMENT NUMBER 1 TO THE AGREEMENT DATED JUNE 27, 2006, BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE MCCOLLISTER BOULEVARD IOWA RIVER BRIDGE PROJECT. 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. 07-258, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Correia, seconded by Vanderhoef, to adopt RES. 07-259, REPEALING RESOLUTION NO. 97-112 AND ESTABLISHING A POLICY FOR PAYROLL DEDUCTIONS FOR CHARITABLE ORGANIZATIONS. Monique DiCarlo, representing Iowa Shares, appeared. Affirmative roll call vote unanimous, 6/0, Bailey abstaining due to a conflict of interest. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Monique DiCarlo. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description August 21,2007 Page 9 Moved by Bailey, seconded by Vanderhoef, to adopt RES. 07-260, RESCINDING RESOLUTION NO. 06-364, DELEGATING RESPONSIBILITY TO PARTICULAR PERSONS HOLDING SPECIFIED POSITIONS TO IMPLEMENT THE REQUIREMENTS OF CHAPTER 22, IOWA'S PUBLIC RECORDS STATUTE, AND ADOPTING A PUBLIC RECORDS POLICY. 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. 07-261, RESCINDING RESOLUTION NO. 06-355 AND AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE CONTRACTS IN ACCORDANCE WITH THE ANNUAL OPERATING BUDGET, PUBLIC IMPROVEMENT CONTRACTS WHEN THE ESTIMATED TOTAL COST DOES NOT EXCEED $100,000, AND PROFESSIONAL SERVICES CONTRACTS WHEN THE ESTIMATED TOTAL COST DOES NOT EXCEED $50,000. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. 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; 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, September 12,2007. [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 by Bailey, seconded by Vanderhoef, to appoint Eric Kusiak, 2629 Hickory Trail, to the Human Rights Commission to fill an unexpired term ending January 1, 2010. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Correia, to accept correspondence from Kristi Lohmeier and Brian Braun. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Mayor Pro tem Bailey reminded citizens of the train ride scheduled Saturday, August 25, between Iowa City and Cedar Rapids and stated it was an exciting commuter opportunity for transit and development in the corridor. Council Member Vanderhoef stated schools were open and encouraged everyone to drive safely around school zones. Council Member O'Donnell noted the first meeting in ten years without retired City Manager Steve Atkins. Council Member Champion asked when the construction would be completed on Gilbert and Bowery. Staff will report back; and announced the arrival of her 14th grandchild on her birthday. Council Member Correia thanked the fire fighters who attended the August yth block party at Neighborhood Centers of Johnson County; reported on attending the Landlocked Film Festival downtown; thanked Police Chief Hargadine, and the Rape Victim Advocacy Program (RV AP) for the update on sexual assaults and efforts being made to stay on top of the problem. Complete Description August 21,2007 Page 10 Mayor Wilburn stated Summer of the Arts events are starting to wind down but noted Friday night concerts and Saturday night movies would continue through the summer and encouraged citizens to enjoy the remaining events. Moved by Correia, seconded by Bailey, to adjourn meeting at 9:40 p.m. The Mayor declared the motion carried unanimously, 7/0, all coun~rs present~ t (_)1 ~ Ross Wilburn, Mayor ....., .. &~~.~ Marian K. Karr, City Clerk ,~ 1 ~~'5._~... ~~~!:~ ~... ~IZD'~ ~.. I ;;(1) CITY OF IOWA CITY MEMORANDUM Date: July 25, 2007 To: Mayor and City Council From: Marian K. Karr, City Clerk ~~ Re: Council Special Work Session, July 19, 2007, 4:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn Staff: Atkins, Mejia, Holecek, Karr Tapes: 07-52, Side 2 (A complete transcription is available in the City Clerk's Office) RFQ FOR CITY MANAGER SEARCH FIRM Personnel Administrator Mejia present for discussion. Majority agreed to make the following changes: . Include a copy of the DVD entitled "Cedar Rapids/Iowa City Technology Corridor" distributed by the Iowa City Area Development Group (ICAD) . Requested the HR Dir. Mejia explore total costs of a similar search in Cedar Rapids . Add to 3b under "Statement of Qualifications and Format" to read: " .. .If the lead consultant proposed for this project was involved as the lead consultant on a City Manager recruitment with another firm within the past seven years, please include this recruitment information." STAFF ACTION: Proceed as outlined and mail on Friday, July 20. (Mejia) Meeting adjourned 4:40 PM. 1 ~ 1 ~~~~t!t ~ ~IZDI~ .....: CITY OF IOWA CITyl::[ MEMORANDUM a Date: August 13, 2007 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, July 23,2007,6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef. Absent: Wilburn Staff: Atkins, Helling, Dilkes, Karr, Davidson, Foss, Rackis, Briggs, Trueblood, Craig Tapes: 07-54 and 07-55, Both Sides. (A complete transcription is available in the City Clerk's Office) PLANNING & ZONING ITEMS PCD Director Davidson presented information on thefollowing items: A. SETTING 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 NORTH OF THE PUBLIC SQUARE ALONG LOWER WEST BRANCH ROAD (St. Patrick's). B. SETTING 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). G. ORDINANCE VACATING A PORTION OF COURT STREET RIGHT-OF-WAY BETWEEN CLINTON STREET AND CAPITOL STREET (Clark). (VAC07-00003) (SECOND CONSIDERATION) H. RESOLUTION OF 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 21,2007 (Clark). COUNCIL APPOINTMENTS Airport Zoning Board of Adjustment - re-advertise; no applicants Airport Zoning Comm. - re-advertise; no applicants Historic Preservation Comm.- re-advertise; no applicants Housing & Community Development Comm.- Charles Drum, Holly Hart, and Brian Richman Human Rights Comm. - Newman Abuissa Police Citizens Review Board - Don King Youth Advisory Commission- re-advertise; no applicants Council Work Session July 23, 2007 Page 2 BOAT HOUSE (Agenda item # 6) Parks & Recreation Director Trueblood introduced University of Iowa representative Hugh Barry, and Kevin Monson and Tim Schroeder from Neumann Monson Architects. Kevin Monson offered a power point presentation of the proposed facility. Schroeder, Barry and Old Capitol Rowing Club Rep. Dennis Keitel present for discussion. PUBLIC WORKS UPDATE Public Works Director Foss offered a power point presentation of projects. LIBRARY UPDATE Library Director Craig distributed and reviewed a hand out. AGENDA ITEMS 1. (Agenda item # 13 - Resolution to adopt the Iowa City's Housing Authority's Amended Public Housing Admissions and Continued Occupancy Policy (ACOP)) Housing Adm. Rackis and Public Housing Coordinator Briggs present for discussion. 2. (Agenda item # 9 - Ordinance amending Title 10 .... To allow sidewalk cafes to encompass raised planters in City Plaza under limited circumstances; resolution to attest a license agreement... The Saloon for a sidewalk Cafe) Majority of Council Members agreed to support the amended design presented by Saloon owner Jim Mondanaro which scaled back the use of the planter in front of Donnelly's. 3. (Agenda item # 17 - Resolution awarding contract... Mercer Park Aquatic Center Roof Replacement Project) Parks & Rec. Director Trueblood present for discussion. Majority agreed to award to Geisler Brothers Co, including Alternate A. 4. (Agenda item # 7 - Ordinance amending Title 4 ... to prohibit possession of open alcoholic beverages on public property) City Atty. Dilkes requested that the second reading be collapsed and the ordinance adopted. 5. (Agenda item # 8 - Ordinance amending Title 8 ... to prohibit amateur fighting and boxing at establishments that are licensed to serve alcohol) Council Member Correia noted correspondence stating that USA Boxing is regulated and questioned support for amending the ordinance. Majority agreed to discuss at the formal meeting the next evening. 6. (Agenda item # 16 - Resolution... agreement... with Neumann Monson... for engineering consultant services... for the Senior Center ADA Restroom Renovation Project) Council Member Elliott raised concerns regarding the hiring of a consultant for the project. Council Member Correia requested that the main floor bathroom be operational at the front end of the project. 7. (Agenda item # 15 - Resolution authorizing the acquisition of property... Court Hill Trail Project) In response to Council Member Elliott, the City Manager stated the amount had not been determined until Council authorized staff to pursue the acquisition; City Atty. Dilkes stated estimated costs where included in the CIP (Capital Improvements Project) budget. Council Work Session July 23, 2007 Page 3 8. (Consent Calendar # 3f(11) - Correspondence... Katie DeVries re Quicker Access to Assault Alerts) Mayor Pro tern Bailey requested information from the Police Department on the assaults. Council Member Correia requested information on possible safety enhancements such as lighting and late night bus service that could be included in the budget. City Manager Atkins stated staff would follow up. 9. (Agenda item # 14 - Resolution approving funding for La Reyna, Inc.... Community Development Block Grant - Economic Development Fund...) In response to Council Member Vanderhoef, Council Members shared information on the business. COUNCIL TIME 1. Council Member Champion requested that the matter of neighborhood parking permits be researched again. Mayor Pro tern Bailey suggested that Neighborhood Services Coordinator Klingaman poll the neighborhoods and see if someone would be willing to try the system. 2. (JP1 of 7/19 Info Packet... Police Chief memo "Alcohol Statistics January through June, 2007") Council Member Correia questioned why council had not been receiving the details of the charges during the formal action on the applications. Staff will follow up. 3. Council Member Correia requested a report in underage selling and timelines for local sting operations. Staff will follow up. 4. (Consent Calendar # 3e (1), (2), (3), and (4) ... setting public hearing... proposal to convey. .. 960 Longfellow Place ... 962 Longfellow Place ... 983 Longfellow Place ... 985 Longfellow Place) Council Member Vanderhoef requested an update on the Affordable Housing Program totals for housing units sold. 5. (IP6 of 7/12 Info Packet.. . Director of Planning & Community Development... Neighborhood Street Lighting) Council Member Correia noted the memo did not support period lighting and stated the Goosetown Neighborhood has suggested period lighting. Mayor Pro tem Bailey stated the proposal would be presented to the Council at a later time. SCHEDULE OF PENDING DISCUSSION ITEMS None Meeting adjourned 9:20 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 - 7/24/07 (,,"SO ~\"''- 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. Moved and seconded to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor Pro tem declared the motion carried. " Moved and seconded to adjourn special meeting 6:40 p.m. The Mayor Pro tem declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. slRegenia Bailey, Mayor Pro tem ;5lMarian K. K~9" City Clerk Yh~R.~ Su'b~~ed for publication - 7/27/07 &fJ c:: Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 7/24/07 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. 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 and seconded that the following items and recommendations in the Consent Calendar be received, or approved, andlor 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 T.Spoons, 301 E. Market St., Temporary Five Day Class B Beer Permit for 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 Tent B, 2140 Rochester Ave.(August 30 - September 3, 2007), Outdoor Service Area for Iowa City Fall Fun Festival, 2140 Rochester Ave., Special Class C Liquor License for Sushi Popo, 725 Mormon Trek Blvd. Renewal: Class C Liquor License for Field House, 111 E. College St., Class C Liquor License for One Twenty Six, 126 E. Washington St., Class C Liquor License for Martini's, 127 E. College St., Outdoor Service Area for Martini's, 127 E. College St., Class C Beer Permit for Big Kmart, 901 Hollywood Blvd. RES. 07-206, TO ISSUE DANCE PERMIT to Iowa City Fall Fun Festival, 2140 Rochester Ave. and 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 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 Official Actions July 24, 2007 Page 2 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 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 and seconded 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 north of the public square along Lower West Branch Road. The Mayor Pro tem declared the motion carried. Moved and seconded 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. The Mayor Pro tem declared the motion carried. Moved and seconded 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 Official Actions July 24, 2007 Page 3 Residential (R) to Neighborhood Public (P-1) located north of Lower West Branch Road, Brentwood Drive, and Broadmoor Lane (REZ07-00010). The Mayor Pro tem 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 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). Steve Gordon, AM Management, appeared. Moved and seconded 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. The Mayor Pro tem declared the motion carried. 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 second vote. The Mayor Pro tem declared the motion carried. 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 second vote. The Mayor Pro tem declared the motion carried. Moved and seconded 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, 2007. 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. Moved and seconded 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. 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- Official Actions July 24, 2007 Page 4 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. The Mayor Pro tem declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded 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. The following individuals appeared: Marcus Perkins, 411 S. Scott Blvd. and Adam Pollack, 220 River St. #2A. Moved and seconded 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. 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 second consideration. The following individuals appeared: Atty. John Beasley, rep. 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. Moved and seconded to defer indefinitely. The Mayor Pro tem declared the motion carried. Moved and seconded 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. Moved and seconded 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. dlbla The Saloon for a sidewalk cafe. The Mayor Pro tem declared the motion carried. Moved and seconded 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. Moved and seconded to adopt RES. 07-218, TO ADOPT THE IOWA CITY HOUSING AUTHORITY'S AMENDED PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY POLICY (ACOP). Moved and seconded 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. Official Actions July 24, 2007 Page 5 Moved and seconded to adopt RES. 07-220, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE COURT HILL TRAIL PROJECT. Moved and seconded 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 CENTER ADA RESTROOM RENOVATION PROJECT. Moved and seconded 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. Moved and seconded 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. Moved and seconded to adopt RES. 07-224, CONCERNING MEDIACOM COMMUNICATIONS CORPORATION'S 2007 UPDATING OF RATES FOR BASIC CABLE SERVICES. Moved and seconded 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. Moved and seconded 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). Moved and seconded to adopt RES. 07-226, APPROVING SETTLEMENT OF CLAIM, to Bob & Heidi Thurnhorst for $29,654.82. Moved and seconded 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 and seconded to accept correspondence from Kristi Lohmeier, Brian Braun. The Mayor Pro tem declared the motion carried. 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 31,2.011; 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. Official Actions July 24, 2007 Page 6 [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. Moved and seconded to adjourn meeting at 9:00 p.m. The Mayor Pro tem declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. slReginia Bailey, Mayor Pro tem slMarian K: Karr, K.C~ SU~blication - 8/2/07. ~ ~ 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 - 8/2/07 Iowa City City Council special meeting, 12:00 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 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 vote. The following individuals appeared: Craig Gustaveson, President of the Downtown Association; and Jim Mondanaro, representing The Saloon. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Megan Mathews, Ralph Siddall, Craig Gustaveson, Courtenay Bouvier, Mary Bosch, Marc Moen, Gary Sanders, Libby Shannon, Michael and Diane Dillon, Karen Moser, Roxanne Erdahl. The Mayor declared the motion carried. Moved and seconded to defer until the 3:30 meeting the rescinding Resolution No. 06-16 and adopting a fee schedule and deposit requirements for use of public right-of- way for sidewalk cafes; and a 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, L.C. dlbla The Saloon for a sidewalk cafe. The Mayor declared the motion carried. Moved and seconded to adjourn meeting at 12:25 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. slRoss Wilburn, Mayor s/Marian K. Ka~r, City Slyrk)/ j ~a~~ K. ~ Submitte or publication - 8/8/07. LJ~ II ~8-2~~! ~ 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 - 8/2/07 Iowa City City Council special meeting, 3:30 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 ORD. 07-4272, 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 passed and adopted. Moved and seconded to accept correspondence from Matthew Theobald. The Mayor declared the motion carried. Moved and seconded to adopt RES. 06-227, RESCINDING RESOLUTION NO. 06-16 AND ADOPTING A FEE SCHEDULE AND DEPOSIT REQUIREMENTS FOR USE OF PUBLIC RIGHT-OF-WAY FOR SIDEWALK CAFES. Moved and seconded to adopt RES. 06-228, 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, L.C. DIBIA THE SALOON FOR A SIDEWALK CAFE. Moved and seconded to adjourn meeting at 3:35 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. slRoss Wilburn, Mayor slMarian K. Karr, City Clerk. . J.J _J~ J ~1\'~ Submitted for publication - 8/8/07. ~ Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JULY 24, 2007 f.p ','30 ~ '<...'<'" Iowa City City Council special meeting, ~ 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, Miller, Goers. Council minutes tape recorded on Tape 07-56, Side 1. Moved by Correia, seconded by O'Donnell, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor Pro tem declared the motion carried and adjourned into executive session 6:32 p.m. Council returned to open session 6:40 p.m. Moved by Correia, seconded by O'Donnell, to adjourn special meeting 6:40 p.m. The Mayor Pro tem declared the motion carried unanimously, 6/0, Wilburn absent. Regenia Bailey, Mayor Pro tem 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 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, andlor 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 Popo, 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, Iise 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. dlbla 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 unanimously, 6/0 all Council Members present. Regenia Bailey, Mayor Pro tem 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 AUGUST 2, 2007 Iowa City City Council special meeting, 12:00 p.m. at City Hall. Mayor Wilburn presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: None. Staff members present: Helling, Dilkes, Karr. Council minutes tape recorded on Tape 07-58, Side 1. Mayor Wilburn reviewed the timeline for the proposal and the procedures for calling of a special meeting. Moved by Bailey, seconded by Champion, that the ordinance amending Title 10 of the City Code, entitled "Use of Public Ways and Property," Chapter 3, entitled, "Commercial use of Sidewalks, "Section 3, entitled "Use for Sidewalk Cafes," to allow sidewalk cafes to encompass raised planters in City Plaza under limited circumstances, be given second vote. The following individuals appeared: Craig Gustaveson, President of the Downtown Association; and Jim Mondanaro, representing The Saloon. Individual Council Members expressed their views. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by O'Donnell, seconded by Correia, to accept correspondence from Megan Mathews, Ralph Siddall, Craig Gustaveson, Courtenay Bouvier, Mary Bosch, Marc Moen, Gary Sanders, Libby Shannon, Michael and Diane Dillon, Karen Moser, Roxanne Erdahl. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Bailey, to defer until the 3:30 meeting the rescinding Resolution No. 06-16 and adopting a fee schedule and deposit requirements for use of public right-of-way for sidewalk cafes; and a 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, L.C. dlbla The Saloon for a sidewalk cafe. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Vanderhoef, to adjourn meeting at 12:25 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 AUGUST 2, 2007 Iowa City City Council special meeting, 3:30 p.m. at City Hall. Mayor Wilburn presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: None. Staff members present. Helling, Holecek, Dulek, Karr. Council minutes tape recorded on Tape 07-58, Side 2. Moved by O'Donnell, seconded by Bailey, that ORD. 07-4272, 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 passed and adopted. The Mayor declared the ordinance adopted, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Correia, to accept correspondence from Matthew Theobald. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Bailey, to adopt RES. 06-227, RESCINDING RESOLUTION NO. 06-16 AND ADOPTING A FEE SCHEDULE AND DEPOSIT REQUIREMENTS FOR USE OF PUBLIC RIGHT-OF-WAY FOR SIDEWALK CAFES. 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. 06-228, 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, L.C. DIBIA THE SALOON FOR A SIDEWALK CAFE. 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 adjourn meeting at 3:35 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ross Wilburn, Mayor Marian K. Karr, City Clerk