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HomeMy WebLinkAbout2007-09-04 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 SEPTEMBER 4, 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, Holecek, Karr, Davidson. Emma Goldman Executive Director Karen Kubby and Mayor Pro Tem Bailey presented the City with the silver bowl presented at the induction of Emma J. Harvat into the Iowa Women's Hall of Fame ceremony on August 25,2007. Mayor Wilburn welcomed Boy Scout Troop 218; and anyone who may be watching on the new live streaming of council meeting available on the internet at www.citvchanneI4.com. Moved by Champion, seconded by Bailey, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended. Approval of Council Actions, subject to corrections, as recommended by the City Clerk. August 20, Regular Council Work Session; August 21, Regular Council Formal Official and Complete; August 28, Special Council Work Session. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Historic Preservation Commission - June 28,2007; Senior Center Commission - July 17, 2007; Parks and Recreation Commission - July 11, 2007; Human Rights Commission - July 24, 2007; Planning and Zoning Commission - August 2, 2007; Board of Adjustment - July 11, 2007; Public Library Board of Trustees - July 26, 2007; Historic Preservation Commission - July 12, 2007. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Corner of the Meadow, Inc., dba Motley Cow Cafe, 327 E. Market S1. Renewal: Class C Liquor License for Spo. Co., Inc. dba Sports Column, 12 S. Dubuque S1.; Class C Liquor License for Hall Place Ventures Corp dba Airliner Bar, 22 S. Clinton S1.; Class C Liquor License for Iowa City Food & Spirits, Inc., dba Restaurant Verde, 509 S. Gilbert S1.; Special Class C Liquor License for Englert Civic Theatre, LP, dba Englert Theatre, 221 E. Washington S1.; Class C Beer Permit for Jason Caylor dba Liquor Downtown, 313 S. Gilbert S1.; Class B Wine Permit for Prairie Table, Inc., dba Prairie Table, 223 E. Washington S1.; Class C Beer Permit for FAP Enterprises, Inc., dba Gasbys, 1310 S Gilbert S1.; Class C Beer Permit for L & M Mighty Shop, Inc., dba L & M Mighty Shop, Inc., 504 E. Burlington S1.; Class C Beer Permit for Dan's Short Stop Corp., dba Dan's Short Stop Corp., 2221 Rochester Ave.; Class C Beer Permit for New Pioneer Cooperative Society dba New Pioneer Co Op Fresh Food Market, 22 S. Van Buren S1.; Class C Beer Permit for Kum & Go, LC, dba Kum & Go #52,25 W. Burlington S1.; Class C Beer Permit for Kum & Go, LC, dba Kum & Go #53,955 Mormon Trek Blvd.; Class C Beer Permit for Hy-Vee, Inc., dba Hy-Vee Gas #1,260 Stevens Dr.; RES. 07-263, TO ISSUE CIGARETTE PERMIT to KLDP, Inc., dba Mama's Deli & Catering, 125 E. Washington; Iowa City Group, LLC, dba Iowa City Piano Lounge, 217 Iowa Ave.; Water-B, Inc., dba Studio 13, 13 S. Linn S1.. Complete Description September 4, 2007 Page 2 Setting a Public Hearing. RES. 07-264, SETTING A PUBLIC HEARING ON SEPTEMBER 18,2007 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE OLD HIGHWAY 218 WATER MAIN EXTENSION 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. 07-265, ACCEPTING THE WORK FOR THE 2007 DIRECTIONAL BORING PROJECT; RES. 07-266, APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING FOR THE FISCAL YEAR ENDING JUNE 30, 2007. Correspondence: JCCOG Acting Traffic Engineering Planner regarding Installation of NO PARKING 8 AM - 5 PM MONDAY - FRIDAY on the west side of Weeber Street between Benton Street and the south property line of 917 Weeber Street; Acting Traffic Engineering Planner regarding Installation of NO PARKING ANY TIME signs on Liberty Drive, Commerce Drive, and Independence Road; Acting JCCOG Traffic Engineering Planner regarding Designation of No Parking on the north and west sides of Stevens Drive west of Gilbert Street; Susan Dozark regarding Parking [Staff response included]; Michael Wright regarding Northside Parking Discussion; Gregg Geerdes regarding 326 Fairchild Street Driveway. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Jean Walker, 335 Lucon Drive, thanked Council on behalf of the Melrose Avenue Neighborhood Association for their support of the renovation of Brookland Park with PIN grant money; and noted that the Dog Paddle event at City Park pool until 8:00 P.M. that evening. Council Member Vanderhoef acknowledged the work of Ms. Walker in the neighborhood association. Moved by Bailey, seconded by Correia, to set a public hearing for September 18 on an ordinance conditionally rezoning approximately 45.04 acres of property located east of Camp Cardinal Boulevard and south of Kennedy Parkway from Interim Development - Office Research Park (ID-ORP) Zone to Medium Density Single-Family Residential (RS-8) Zone with a Planned Development Overlay Zone for approximately 34.58 acres; Interim Development Single-Family Residential (ID-RS) Zone for approximately 8.75 acres; Interim Development Office Commercial (ID-C01) Zone for approximately 1.71 acres. (REZ07- 00011). 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 18 on an ordinance rezoning approximately 0.95 acres of land located at 805 & 817 South Gilbert Street from Intensive Commercial (CI-1) Zone to Community Commercial (CC-2) Zone (REZ07-00012). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance vacating Court Street, west of Madison Street and Front Street, south of Burlington Street (V AC07 -00004) (University Recreation Center). No one appeared. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance vacating Court Street, west of Madison Street and Front Street, south of Burlington Street (VAC07-00004) Complete Description September 4, 2007 Page 3 (University Recreation Center), be given first vote. PCD Director Davidson present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Champion, to adopt RES. 07-267, INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF THE VACATED PORTIONS OF COURT STREET WEST OF MADISON STREET, AND FRONT STREET SOUTH OF BURLINGTON STREET, AND SETTING A PUBLIC HEARING FOR SEPTEMBER 18, 2007 (University of Iowa). 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 vacating 102 feet of the 20-foot wide north- south alley right-of-way located in Block 102 south of Burlington Street and east of Clinton Street (VAC07-00005) (Hieronymus Square). No one appeared. Moved by Bailey, seconded by O'Donnell, that the ordinance vacating 102 feet of the 20-foot wide north-south alley right-of-way located in Block 102 south of Burlington Street and east of Clinton Street (VAC07-00005) (Hieronymus Square), be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Vanderhoef, to adopt RES. 07-268, INTENT TO CONSIDER THE CONVEYANCE OF THE VACATED EAST-WEST AND NORTH-SOUTH ALLEYS IN BLOCK 102, IOWA CITY, IOWA, TO HIERONYMUS SQUARE ASSOCIATES AND SETTING A PUBLIC HEARING FOR SEPTEMBER 18, 2007. Council Member Elliott noted the recent passing of AI Hieronymus. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on an ordinance rezoning approximately 2,035 square feet of property located at 301 S. Dubuque Street from Central Business Support (CB-5) Zone to Central Business (CB-1 0) Zone, and rezoning an additional 9,890 square feet of adjacent property from Neighborhood Public/Central Business Support (P1/CB-5) Zone to Central Business District (CB-10) Zone (REZ07-00008). No one appeared. Moved by Vanderhoef, seconded by Champion, to continue the public hearing and defer first vote of ordinance to October 2. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. 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. 07-4277, 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), be voted on for final passage at this time. PCD Director Davidson present for discussion. The Mayor requested that Council Members disclose ex parte communications. Individual Council Members shared information, and expressed their views 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. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call Complete Description September 4, 2007 Page 4 vote. Ayes: Wilburn, Champion, Correia, Elliott, O'Donnell, Vanderhoef. Nays: Bailey. Absent: None. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Fire Station #2 Demolition and Construction project 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 Champion, to adopt RES. 07-269, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRE STATION #2 DEMOLITION AND CONSTRUCTION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Senior Center ADA Restroom Renovations project establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement forbids, and fixing time and place for receipt of bids. No one appeared. Moved by Champion, seconded by O'Donnell, to adopt RES. 07-270, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SENIOR CENTER ADA RESTROOM RENOVATIONS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Vanderhoef, that the ordinance amending Title 1, Chapter 9-3B of the Code of Ordinances of Iowa City, Iowa and amending the boundary of Voting Precinct 16 in Iowa City to reflect a boundary change to the corporate limits of Iowa City, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by 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. 07-4278, 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 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. Complete Description September 4, 2007 Page 5 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. 07-4279, 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 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 Bailey, seconded by Correia, to adopt RES. 07-271, APPROVING THE FOURTH AMENDMENT TO THE PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND PENINSULA DEVELOPMENT COMPANY, L.L.C. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote. Ayes: Bailey, Champion, Correia, Vanderhoef, Wilburn. Nays: O'Donnell, Elliott. Absent: None. Moved by Bailey, seconded by O'Donnell, to adopt RES. 07-272, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND JOHNSON COUNTY, IOWA FOR THE PROVISION OF COMMERCIAL AND INDUSTRIAL ELECTRICAL INSPECTIONS. 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. 07-273, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ADDENDUM TO THE IOWA DEPARTMENT OF TRANSPORTATION COOPERATIVE AGREEMENT FOR THE INSTALLATION AND USE OF AN INTELLIGENT TRANSPORTATION SYSTEM ITS-7480(333) - - 25-00. 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. 07-274, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE MCCOLLISTER BOULEVARD PCC PAVEMENT (HDP-3751 (628) - - 71-52) AND MCCOLLISTER BOULEVARD BRIDGE (HDP-3715(634) - - 71-52) PROJECTS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies to Boards and Commissions: Airport Zoning Brd of Adjustment to fill an unexpired term plus a five-year term ending December 31,2011; Airport Zoning Commission to fill a six-year term January 1,2006- December 31,2011; Historic Preservation Commission for one (1) Summit St District Rep, to fill three year terms March 29, 2007 - March 29, 2010; 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. The Mayor announced the vacancy on the Youth Advisory Commission for (Age 18 to 21 on the date of filing) to fill an unexpired plus a two-year term ending December 31,2009. Complete Description September 4, 2007 Page 6 Applications must be received by 5:00 p.m., Wednesday, October 10,2007. Moved by Vanderhoef, seconded by Bailey, to accept correspondence from Jacqueline Stubbers. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council Member Correia updated Council on the Youth Advisory Commission's role in a youth forum (ages 12-19) on the Parks & Recreation Master Plan scheduled for September 19, and noted other focus groups are being planned. Council Member Champion commented she was disgusted with the food and garbage people are throwing in the downtown alleys; and requested Council consider renting city sidewalk space for sandwich display boards in the downtown area. Majority of Council requested the matter be scheduled at an upcoming work session. Council Member O'Donnell stated the University of Iowa Hawks were well on their way to an undefeated football season. Council Member Vanderhoef stated she would be leaving for the National League of Cities Transportation Infrastructure Service Committee meeting, and said she would be happy to bring up items of Council interest and please let her know. Mayor Pro tem Bailey noted that in reading the Historic Preservation minutes she noted a number of projects that people didn't realize they needed permits for or that they were in a conservation or historic district, and asked if there was more education the City could do such as periodic water bills. Staff will follow up. Council Member Elliott reported on the Jazz Under the Stars event at Knoll Ridge Park in Cedar Rapids, and the ability to take food, beer and wine and enjoy the event with no problems. Mayor Wilburn welcomed back the University of Iowa students and faculty, and reminded folks that we enjoy diverse population but recognize we share our space (bicyclists, cars, and parking) with each other. Moved by Bailey, seconded by Vanderhoef, to adjourn meeting at 7:50 p.m. The Mayor declared the motion carried unanimously, 7/0, al cil Members 9 e ent. .~-k'.~ Ma' n K. Karr, City Clerk ,~ 1 :i:~~!:'t ~. ~Im'~ ~- CITY OF IOWA CITY MEMORANDUM Gl[ Date: August 20, 2007 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, August 20,2007,6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn UISG Rep: Volland Staff: Helling, Dilkes, Karr, Davidson, Yapp, Morris, Jensen (A complete transcription is available in the City Clerk's Office) PLANNING & ZONING ITEMS PCD Director Davidson presented information on the following items: a. SETTING 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 (VAC07-00004) b. SETTING 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) i. RESOLUTION APPROVING THE PRELIMINARY PLAT OF WHISPERING MEADOWS SUBDIVISION, PART 4, IOWA CITY, IOWA (SUB06-00017) k. ORDINANCE VACATING A PORTION OF COURT STREET RIGHT-OF-WAY BETWEEN CLINTON STREET AND CAPITOL STREET. (VAC07-00003) (PASS AND ADOPT) I. AUTHORIZING CONVEYANCE OF THE VACATED PORTION OF COURT STREET RIGHT-OF-WAY BETWEEN CLINTON STREET AND CAPITOL STREET. m. RESOLUTION APPROVING THE EXTRATERRITORIAL PRELIMINARY AND FINALPLAT OF NORTH FORTY FIRST SUBDIVISION, JOHNSON COUNTY, IOWA (SUB07 -00004/SUB07 -00005) COUNCIL APPOINTMENTS Human Rights Commission - Eric Kusiak Council Work Session August20,2007 Page 2 UNIVERSITY - CITY WAYFINDING PROJECT JCCOG Executive Director Yapp introduced University of Iowa representative Larry Wilson who presented a power point presentation on the project. Majority of Council requested updates as the project moves forward. FIRE STATION #2 (Consent Calendar # 4(e) 2) Public Works Architectural Services rep. Morris presented a power point update of the project. Majority agreed to proceed as outlined. AGENDA ITEMS 1. (Consent Calendar item # 4 (f) 9 - conveyance of 960 Longfellow Place; # 7 - conveyance of 983 Longfellow Place; # 8 - conveyance of 962 Longfellow Court; and # 9 - conveyance of 985 Longfellow Court) In response to Council Member Elliott, City Karr explained that Council had set four public hearings at their last meeting. Prior to publication one unit sale fell through and the property was omitted form the publication and that item is 4f(9); after publication of the remaining three properties another sale was withdrawn. However, since the publication had already occurred staff felt it should be noted on the agenda, not held and the original resolution rescinded (item # 7). The two remaining properties, items # 8 and 9, are ready to proceed with conveyance. 2. (Consent Calendar item # 4 (g) 6 - correspondence from Scott Renee Vogt re Recreation Center Summer Day Camp) In response to Council Member Correia, interim City Manager Helling reviewed the procedure followed, and will follow up to see if a reimbursement was made for unused camp time. 3. (Consent Calendar item # 4 (f) 5 - correspondence from Kris Leesekamp re marijuana possession fines) Council Member Vanderhoef noted the second such letter and questioned an automatic reply to similar letters. Council Member O'Donnell stated the Charter amendment case currently at the State Supreme Court may have led to some confusion. 4. (Agenda item # 15 - Resolution authorizing the Historic Preservation Commission to file an application... grant... Near Southside area...) Council Member Elliott stated he much preferred when applications are initiated by the neighborhoods rather than the Commission. PCD Director Davidson present for discussion. Majority agreed to proceed. 5. (Consent calendar item # 4 (g) 22 - correspondence from Christopher Merrill re UNESCO Creative Cities Network) Majority expressed support for the request and agreed to have Mr. Merrill come and present information at the formal meeting the next evening. Council Work Session August20,2007 Page 3 6. (Item # 13 - Ordinance amending Title 16 ... Public Works.. .storm water collection, discharge, and runoff... concrete truck wash out) Council Member Vanderhoef reported on a conversation she had with Public Works Director Fosse, and shared concerns. City Atty. Dilkes stated this was a federal requirement. Majority agreed to ask Public Works Director Fosse to attend the next meeting. 7. (Item # 14 - Resolution approving funding for Gluten Evolution L.L.C. .. .Community Development Block Grant....) Mayor Wilburn left the table due to a conflict of interest, Mayor Pro tem Bailey presiding. Council Member Vanderhoef reported the minutes of the Economic Development meeting were not in the packet, and she called staff regarding secured and unsecured loan questions. Council Member Correia raised the issue of lowering the interest rate on loans. 8. (Item # 10 - Resolution... approving and authorizing execution of an agreement... Alpla, Inc....) Mayor Wilburn now presiding. Council Member Correia stated the last two TIF applications included information on salaries, benefits, etc and that information was not provided in the packet and she would like to see that included next time. Mayor Pro tem Bailey stated Economic Development Coordinator Ford would be at the formal meeting the next evening to address questions and provide additional information. 9. (Item # 16 - Resolution naming the entry driveway... treatment plant ... Atkins Drive) Council Member O'Donnell stated his desire to personalize the street even more. Majority requested that interim City Manager Helling contact retired City Manager Atkins and ask his preference for the name to be Stephen Atkins Drive or Steve Atkins Drive. 10. (Item # 20 - Resolution... an agreement... Iowa City and Johnson County... to use a portion of City street and public rights of way for the installation, operation, and maintenance of a fiber optic network) Mayor Pro tem Bailey asked if the City could take advantage of the placement of this network as well, and would the City also track the placement even though the agreement requires the County to keep the map. Interim City Manager Helling stated all of that was being considered. Council Member Vanderhoef indicated her desire to implement a surcharge for future maintenance. 11. (Consent Calendar # 4 (g) 14 - correspondence from Mark Vining ... Mailboxes of Iowa City) Council Member Correia and Mayor Pro tem Bailey reported on property owners who report it had been a difficult process to rebuild after the tornado because of issues such as parking. Council Member Champion stated it was a problem between the owner and tenant rather than the City. City Atty. Dilkes explained it had been a non conforming use previously. 12. (Consent Calendar # 4 (g) 9 - correspondence from Nhung Ta re a request for a driveway) Council Member Correia reported she had driven by the property and it was a difficult situation, and expressed herfrustration on the number of City departments involved. Council Member Champion stated she felt she voluntarily went to another department to get the answer she wanted. Council Work Session August20,2007 Page 4 13. (IP5 of 8/2 Information Packet - Memo form the Management Analyst re Parking Impact Fees - Annual Report) Council Member Vanderhoef suggested using the impact fees to pay down the bonds on the Transportation Center. PCD Director Davidson present for discussion. City Atty. Dilkes suggested the item be scheduled for a future work session. 14. (Item 2 - Proclamation Partnership for Working Towards Inclusive Communities) Council Member Correia reported on discussion with staff and the Human Rights Commission and the proclamation would be forwarded to the National League of Cities and they will forward a sign to the City stating we are working towards an inclusive community and a "dedication" is planned for October 17 at 6:00 PM COUNCIL TIME 1. In response to Mayor Pro tem Bailey, PCD Director Davidson stated the Council would be seeing the Historic Preservation Plan after receipt from the consultant, a 30 day public comment period, Historic Preservation Commission and Planning and Zoning Commission review. Anticipated date for Council is late November or early December. 2. Council Member O'Donnell reported on a potential dangerous situation involving a panhandler the past week end and his interest to revisit the defeated proposed ordinance. Majority of Council were not interested. 3. Council Member Vanderhoef indicated her interest to run for the National League of Cities Board and requested a letter of support. Majority agreed with the request. 4. Council Member Correia stated Emma J. Harvat would be inducted into the Iowa Women's Hall of Fame later in the month. Mayor Pro tern Bailey stated she would be attending the event along with others who had been working on the project since 2003. 5. In response to Council Member Elliott, City Clerk Karr reminded Council to provide ranking of executive search firms to her no later than August 22 so information could be included in the August 23 packet prior to the August 28 special work session. SCHEDULE OF PENDING DISCUSSION ITEMS None Meeting adjourned 8:15 PM. GL 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 - 8/21/07 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. Moved and seconded to move up Items 7,8 and 9 at this time. The Mayor declared the motion carried. 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 and seconded 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. A public hearing was held on a resolution authorizing conveyance of a single family home located at 962 Longfellow Court. Moved and seconded to adopt RES. 07-230, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 962 LONGFELLOW COURT. A public hearing was held on a resolution authorizing conveyance of a single family home located at 985 Longfellow Court. Moved and seconded to adopt RES. 07-231, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 985 LONGFELLOW COURT. 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. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk. 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). Official Actions August 21,2007 Page 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 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 Official Actions August 21,2007 Page 3 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 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]; Official Actions August21,2007 Page 4 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. The Mayor 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. Tom Jacobs1132 Briar Drive, appeared regarding flooding in the Sandusky, Briar, and Taylor Drive neighborhood. 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 and seconded to accept correspondence from Maureen McCue. The Mayor declared the motion carried. Moved and seconded 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 (VAC07-00004). The Mayor declared the motion carried. Moved and seconded 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). The Mayor declared the motion carried. Moved and seconded 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-1 0) Zone, and rezoning an additional 9,890 square feet of adjacent property from Neighborhood Public/Central Business Support (P1/CB-5) Zone to Central Business District (CB-10) Zone (REZ07-00008). The Mayor declared the motion carried. 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 north of the public square along Lower West Branch Road. The following individuals appeared: Fr. Juarez, pastor, St. Patrick's; Carl Schmidt, representing Miller Farms. Moved and seconded 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. 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. Moved and seconded 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 Official Actions August21,2007 Page 5 OWNED BY THE CITY OF IOWA CITY LOCATED NORTH OF LOWER WEST BRANCH ROAD, BRENTWOOD DRIVE, AND BROADMOOR LANE. 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) (REZ07-00010). Kevin Monson, Newman Monson Architects, appeared. Moved and seconded to accept correspondence from Frederick Schieber. The Mayor declared the motion carried. Moved and seconded 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 (REZ07- 00010), 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- 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 FAMILY RESIDENTIAL (RS-12) (REZ06-00025), be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 07- 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 declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted. Moved and seconded to adopt RES. 07-247, APPROVING THE PRELIMINARY PLAT OF WHISPERING MEADOWS SUBDIVISION, PART 4, IOWA CITY, IOWA (SUB06- 00017). Moved and seconded 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) be passed and adopted. Moved and seconded 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. 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. Official Actions August21,2007 Page 6 Moved and seconded to adopt RES. 07-248, AUTHORIZING CONVEYANCE OF THE VACATED PORTION OF COURT STREET RIGHT-OF-WAY BETWEEN CLINTON STREET AND CAPITOL STREET. Moved and seconded to adopt RES. 07-249, APPROVING THE EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF NORTH FORTY FIRST SUBDIVISION, JOHNSON COUNTY, IOWA (SUB07-00004/SUB07-00005). 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. Moved and seconded 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. 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. Moved and seconded 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. 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 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. The Mayor declared the motion carried. Moved and seconded 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. 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 and seconded 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. Mayor Wilburn returned to the meeting, and now presiding. Moved and seconded 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. Moved and seconded to adopt RES. 07-254, NAMING THE ENTRY DRIVEWAY TO THE IOWA CITY WATER TREATMENT PLANT STEPHEN ATKINS DRIVE. Official Actions August 21,2007 Page 7 Moved and seconded to adopt RES. 07-255, NAMING THE POND AREA LOCATED WITHIN THE THORNBERRY OFF-LEASH DOG PARK AS LILY'S POND. Moved and seconded to adopt RES. 07-256, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE OLD HIGHWAY 218 WATER MAIN EXTENSION PROJECT. Moved and seconded 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 H. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE MCCOLLISTER BOULEVARD IOWA RIVER BRIDGE PROJECT. Moved and seconded 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. Moved and seconded 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. Moved and seconded to accept correspondence from Monique Di Carlo. The Mayor declared the motion carried Moved and seconded 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. Moved and seconded 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. 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 and seconded 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. Moved and seconded to accept correspondence from Kristi Lohmeier and Brian Braun. The Mayor declared the motion carried. Official Actions August21,2007 Page 8 Moved and seconded to adjourn meeting at 9:40 p.m. The Mayor declared the motion carried. A more complete description of Council activities and disbursements is on file in the office of the City Clerk and Finance Department. s/Ross Wilburn, Mayor s/Marian K. Karr, City Clerk -- ~A1A~) r;(. C/(~ SuD'mittedfurpublication - 8/28/07. u 1 ~ 1 f~~~'t "~"'aD'~ --._ l C I T Y 0 F I a WAC I T yl.39~'(~) MEMORANDUM Date: August 30, 2007 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Special Work Session, August 28, 2007, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: Champion UISG Rep: Volland Staff: Dilkes, Karr, Mejia (A complete transcription is available in the City Clerk's Office) SELECTION OF FIRMS TO BE INTERVIEWED (CITY MANAGER SEARCH) Mayor Wilburn distributed a memo "Tasks for August 28 meeting on selecting firms to interview" and attachment "Brainstormed list of questions to ask to all interviewed search firms". Personnel Administrator Mejia present for discussion. Majority of Council agreed to interview the following four firms on September 15: ~ Waters-Oldani Executive Recruitment ~ Slavin Management Consultants, Inc. ~ Bennett Yarger Associates ~ The PAR Group - Paul A. Reaume Ltd. Council agreed to: · No more than a 15 presentation followed by questions from Council · Each firm presentation should address: Experience recruiting a diverse candidate pool Participatory process (with community) Overview of timelines & process (how they work with Council) · A memo from the City Attorney will be provided regarding the pending Supreme Court Charter amendment issue relative to retention election of a City Manager · Goal is to have a preferred firm selected at the end of September 15 work session Meeting adjourned 7:45 PM. 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 August 21,2007 Page 2 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 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, 7/0, 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-1 0) Zone, and rezoning an additional 9,890 square feet of adjacent property from Neighborhood Public/Central 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 -00010). 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 August21,2007 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 August21,2007 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 1 0 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 Council Members present. Ross Wilburn, Mayor Marian K. Karr, City Clerk