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HomeMy WebLinkAbout2007-09-18 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 18, 2007 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Wilburn presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: None. Staff members present: Helling, Dilkes, Karr, Davidson, Boothroy, Hennes, Knoche, Yapp, Jensen. The Mayor proclaimed International Student Day - September 19, 2007, Ken Royar, Board of Director of Friends of International Students, accepting; Constitution Week- September 17-23, 2007, Shalla Wilson, Chapter Regent accepting. The Mayor stated this was the second meeting that was being live streamed on the Internet, and welcomed those viewing from other parts of the world. Moved by Bailey, seconded by Champion, that the following items and recommendations in the consent Calendar be received, or approved, and/or adopted as presented: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: August 22, Special Council Work Session; August 31, Special Council Formal Official and Complete; September 4, Special Council Work Session; September 4, Regular 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): Civil Service Commission - August 30,2007; Youth Advisory Commission - July 25,2007; Public Art Advisory Committee - August 2, 2007; Police Citizens Review Board - July 10,2007. Permit Motions and Resolutions as recommended by the City Clerk. Renewal: Class C Liquor License for I.C.B.B., Ltd., dba Brown Bottle, 115 E. Washington St.; Class C Liquor License for Dawit's Restaurant, Inc., dba David's Place, 100 S. Linn St.; Class C Beer Permit for ND Express, Inc., dba North Dodge Express, 2790 N. Dodge St.; Class C Beer Permit for Hawkeye Oil Company dba Scott Boulevard Hawkeye Convenience Store, 2875 Commerce Dr.; Class C Beer Permit for Kum & Go, LC, dba Kum & Go #51,323 E. Burlington St.; Class C Liquor License for Micky's of Iowa City, Inc., dba Micky's Irish Pub, 11 S. Dubuque St.; Class E Liquor License for Jason Caylor dba Liquor Downtown, 315 S. Gilbert St.; Special Class C Liquor License for Tropical Chill, Inc., dba Baldy's Wraps, 18 S. Clinton St.; Class C Liquor License for Givanni's of Iowa City, Inc., dba Givanni's, 109 E. College St.; Class C Liquor License for Saloon of Iowa City, LC, dba Saloon, 112 E. College St.; Class C Liquor License for Mondo's of Iowa City, Inc., dba Joseph's Steakhouse, 212 S. Clinton St.; Class C Liquor License for Hilltop Tavern, Ltd., dba Hilltop Lounge, 1100 N. Dodge St. Setting a Public Hearing: set a public hearing for October 2,2007, to consider an ordinance granting to MidAmerican Energy Company, its successors and assigns, the right and franchise to acquire, construct, erect, maintain and operate in the City of Iowa City, a natural gas system for a period of ten years, with a ten year and five year Complete Description September 18, 2007 Page 2 renewal thereafter, to furnish, deliver and sell natural gas to said city and its inhabitants; set a public hearing for October 2, 2007, to consider an ordinance granting to MidAmerican Energy Company, its successors and assigns, the right and franchise to acquire, construct, erect, maintain and operate in the City of Iowa City, an electric light and power system for a period of ten years, with a ten year and five year renewal thereafter, to furnish, deliver and sell electric energy to said city and its inhabitants; RES. 07-275 SETTING A PUBLIC HEARING FOR OCTOBER 2,2007 ON A PROPOSAL TO CONVEY A STORM WATER MANAGEMENT DRAINAGE EASEMENT AND A STORM SEWER PIPE EASEMENT AT THE IOWA CITY MUNICIPAL AIRPORT. Resolutions: RES. 07-276, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 2221 HOLLYWOOD BOULEVARD, IOWA CITY, IOWA; RES. 07-277, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST COMPANY, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1150 CHAMBERLAIN DRIVE, IOWA CITY, IOWA; RES. 07-278, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY IN AVIATION COMMERCE PARK TO CHANGE THE PRICING MODEL. Correspondence: Karen Kubby regarding Thank you; Cynthia Jewell regarding Property tax; Angela Reams, Mary Khowassah, Jim Clayton regarding The Stepping Up Project - Underage drinking; Sexual Assaults letters from Mary Depew, Mike McCracken; Andrea Rauer regarding Trash in downtown area; Kate Wade regarding DTV transition speaker at Iowa City City Council meeting. The Mayor repeated the public hearings as being set. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Jay Honohan updated Council on activities at the Senior Center. Terry Smith, MidAmerican Energy, presented information on the "Plant Some Shade" program. Anne Barber and Sarah Milani, presented Council a petition signed by 5000 students regarding safety concerns, encouraged a community dialog about the issue, and the formulation of a task force. Moved by Bailey, seconded by Champion, to accept correspondence. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Mark Brown appeared regarding the proposed under 21 ordinance. Caroline Dieterle, Walnut Street, appeared regarding spending limits for ballot questions. A public hearing was held 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 (OPD-8) Zone for approximately 33.69 acres; Interim Development Single-Family Residential (ID-RS) Zone for approximately 9.32 acres, and Interim Development Office Commercial (ID-C01) Zone for approximately 2.03 acres (REZ07 -00011) (Kennedy Parkway). PCD Director Davidson and Glenn Siders, Southgate Development Services present for discussion. Individual Council Complete Description September 18, 2007 Page 3 Members expressed their views. The Mayor requested that Council Members disclose ex parte communications, and none were reported. Moved by O'Donnell, seconded by Vanderhoef, that the 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 (OPD-8) Zone for approximately 33.69 acres; Interim Development Single-Family Residential (ID-RS) Zone for approximately 9.32 acres, and Interim Development Office Commercial (ID-C01) Zone for approximately 2.03 acres (REZ07-00011), be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held 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). PCD Director Davidson present for discussion. Moved by Champion, seconded by Vanderhoef, that the 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), be given first vote. The Mayor requested that Council Members disclose ex parte communications, and none were reported. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 07-4280, VACATING COURT STREET WEST OF MADISON STREET AND FRONT STREET SOUTH OF BURLINGTON STREET (VAC07-00004) (University Recreation Center), 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 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. A public hearing was held on a resolution authorizing conveyance of the vacated portions of Court Street west of Madison Street, and Front Street south of Burlington Street (University Recreation Center) to the University of Iowa. No one appeared. Moved by Champion, seconded by O'Donnell, to adopt RES. 07-279, AUTHORIZING CONVEYANCE OF THE VACATED PORTIONS OF COURT STREET WEST OF MADISON STREET, AND FRONT STREET SOUTH OF BURLINGTON STREET TO THE UNIVERSITY OF IOWA (University Recreation Center). 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 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. 07-4281, 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 voted on for Complete Description September 18, 2007 Page 4 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 Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. A public hearing was held on a resolution authorizing the conveyance of the vacated east-west and north-south alleys in Block 102, Iowa City, Iowa, to Hieronymus Square Associates. No one appeared. Moved by O'Donnell, seconded by Bailey, to adopt RES. 07-280, AUTHORIZING THE CONVEYANCE OF THE VACATED EAST-WEST AND NORTH-SOUTH ALLEYS IN BLOCK 102, IOWA CITY, IOWA, TO HIERONYMUS SQUARE ASSOCIATES. 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 Old Highway 218 Water Main Extension 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 Bailey, seconded by O'Donnell, to adopt RES. 07-281, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE OLD HIGHWAY 218 WATER MAIN EXTENSION 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. City Engr. Knoche present for discussion. 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 amending Title 17, Chapter 1, Building Code, by adopting the International Building Code, 2006 Edition, and the International Residential Code, including Appendix F Radon Control Methods, 2006 Edition, published by the International Code Council and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa. HIS Director Boothroy present for discussion. The following individuals appeared: Marilyn Belman, 3458 Killarney Road; Jordan Petis, 61 Solon Road, President and owner of Corridor Design; Ellen Widiss; Louise Young, 320 S. Dubuque Street, Chairperson of the Coalition for Persons with Disabilities; Bob Welsh, 84 Penfro, Johnson County Livable Community for Successful Aging policy group; Dan Smith, Greater Iowa City Area Home Builders Association; Joan Tiemeyer, Executive Officer for the Home Builders Association; and Mark Brown., Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Keith Ruff, Dennis Byrnes, and Mary Lucas. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Correia, that the ordinance amending Title 17, Chapter 1, Building Code, by adopting the International Building Code, 2006 Edition, and the International Residential Code, including Appendix F Radon Control Methods, 2006 Edition, published by the International Code Council and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa, be given first vote, as amended. Individual Council Members expressed their views. Moved by Vanderhoef, seconded by Correia, to amend Section "Y", Usability Requirements, to require switches, wider doors and the plugs. The Mayor declared the motion to amend Complete Description September 18, 2007 Page 5 defeated, 3/4, with the following division of roll call vote: Ayes: Vanderhoef, Wilburn, Correia. Nays: Elliott, O'Donnell, Bailey, Champion. Moved by Bailey, seconded by Champion, to delete Section "Y", Usability Requirements, in its entirety. The Mayor declared the motion to amend carried, 4/3, with the following division of roll call vote: Ayes: Elliott, O'Donnell, Bailey, Champion. Nays: Vanderhoef, Wilburn, Correia. The Mayor declared the ordinance as amended was given first consideration unanimously, 7/0, all Council Members present. Majority of Council requested that incentive and universal mandatory requirements be scheduled at an upcoming work session. A public hearing was held on an ordinance amending Title 17, Chapter 2, of the Iowa City Code of Ordinances, by adopting the 2006 Edition of the Uniform Plumbing Code, with certain amendments, to regulate the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances in connection with various plumbing systems, to provide for the issuance of permits and inspection of plumbing installations and the collection of fees, and to provide penalties for violations. No one appeared. Moved by O'Donnell, seconded by Bailey, that the ordinance amending Title 17, Chapter 2, of the Iowa City Code of Ordinances, by adopting the 2006 Edition of the Uniform Plumbing Code, with certain amendments, to regulate the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, . appliances and appurtenances in connection with various plumbing systems, to provide for the issuance of permits and inspection of plumbing installations and the collection of fees, and to provide penalties for violations, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Section 17, Chapter 4, Mechanical Code, by adopting the 2006 Edition of the International Mechanical Code published by the International Code Council, and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa. No one appeared. Moved by Bailey, seconded by O'Donnell, that the ordinance amending Section 17, Chapter 4, Mechanical Code, by adopting the 2006 Edition of the International Mechanical Code published by the International Code Council, and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance amending City Code Title 17, entitled "Building and Housing," Chapter 13, entitled "Fuel Gas Code," by adopting the 2006 Edition of the International Fuel Gas Code published by the International Code Council and providing for certain amendments thereof to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa. No one appeared. Moved by Champion, seconded by Vanderhoef, that the ordinance amending City Code Title 17, entitled "Building and Housing," Chapter 13, entitled "Fuel Gas Code," by adopting the 2006 Edition of the International Fuel Gas Code published by the International Code Council and providing for certain amendments thereof to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa, be given first vote. Complete Description September 18, 2007 Page 6 Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 7, Chapter 1, Fire Prevention and Protection, by adopting the 2006 Edition of the International Fire Code to regulate and govern the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of building and premises in the City of Iowa City and providing for the issuance of permits. No one appeared. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance amending Title 7, Chapter 1, Fire Prevention and Protection, by adopting the 2006 Edition of the International Fire Code to regulate and govern the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of building and premises in the City of Iowa City and providing for the issuance of permits, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Correia, that the ordinance repealing Ordinance No. 99-3872, codified at Title 17 of the City Code, entitled "Building and Housing," Chapter 9, entitled, "Building Conservation Code," because the provisions are now included in the Building Code, 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 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.07-4282, 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 voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Vanderhoef, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Correia, seconded by Champion, to adopt RES. 07-282, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FOUR OAKS FAMILY AND CHILDREN'S SERVICES FOR OPERATION OF A CHILD CARE CENTER AT 1516 SHERIDAN AVENUE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Mayor Wilburn left the meeting due to a conflict of interest on the following item. Mayor Pro tem Bailey presiding. Moved by Correia, seconded by Vanderhoef, to adopt RES. 07-282, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE CONTRACT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF IOWA CITY AND MULLIN & LONERGAN ASSOCIATES FOR THE PREPARATION OF AN ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING. Individual Complete Description September 18, 2007 Page 7 Council Members expressed their views. Affirmative roll call vote unanimous, 6/0, Wilburn abstaining. The Mayor Pro tem declared the resolution adopted. Mayor Wilburn returned to the meeting. Moved by Bailey, seconded by Correia, to adopt RES. 07-284, AWARDING AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE NAPOLEON PARK CONCESSION AND RESTROOM FACILITY PROJECT to Apex Construction for $255,025. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Correia, seconded by O'Donnell, to adopt RES. 07-286, AUTHORIZING THE INSTALLATION OF SPEED HUMPS ON KIMBALL ROAD BETWEEN N. GOVERNOR STREET AND N. DUBUQUE STREET. The following individuals appeared: Dr. William Stanford, 619 Whiting; Charles Yang, 250 Kimball Road; Jerry Peck, 308 Kimball Road; Ellen Widiss, 316 Kimball Road; Susan Enzle, 216 Magowan Avenue; George Knorr, 330 Kimball Road; Ed Junkins, 406 Kimball Road; Greg Shaeffer, 418 Kimball Road; Deb Golden, 409 Kimball; and Pete Belastrarie, 315 Kimball Road. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Correia, to accept correspondence from William Stanford, Randy Ferguson, Chris Dautremont, Cameron Vanni, Edna Pixley, Angela Bellew. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Correia, to adopt RES. 07-286, IN SUPPORT OF STATE LEGISLATION ALLOWING LOCAL CONTROL OF SMOKING IN PUBLIC PLACES. Katie Field, 627 St. Thomas Ct., Board Member for CAFE Johnson County appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Bailey, to approve the appointment of Joseph Maske as the alternate from the University of Iowa Student Government (UISG) to the City Council until May 1, 2008. Moved by Vanderhoef, seconded by Correia, to accept correspondence from Barrett Anderson, The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously announced vacancy on the Youth Advisory Commission for one vacancy (Age 18 to 21 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, October 10, 2007. The Mayor announced the current vacancies on Boards and Commissions: Airport Zoning Commission to fill a six-year term January 1,2008 - December 31,2013; Board of Appeals for two vacancies, (one HBA Rep and one Licensed Plumber) to fill a five-year term January 1, 2008 - December 31,2012; Senior Center Commission for two vacancies to fill three-year terms January 1, 2008 - December 31,2010; Youth Advisory Commission for two vacancies - Two Year Terms January 1,2008 - December 31,2009, One (1) person - Age 15 to 17 on the date of filing, One (1) person - Age 18 to 21 on the date of filing. Applications must be received by 5:00 p.m., Wednesday, October 31,2007. Moved by Bailey, seconded by Correia, make the following appointments to Boards and Commissions: William Downing, 411 S. Summit Street, to the Historic Preservation Commission, Summit St District Rep, to fill three year terms March 29, 2007 - March 29, 2010; Hannah Green, to the Youth Advisory Commission (Age 15 to 17 on the date of filing) Complete Description September 18, 2007 Page 8 to fill an unexpired plus a two-year term ending December 31,2009. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the following appointments would be readvertised: Airport Zoning Brd of Adjustment to fill an unexpired term plus a five-year term ending December 31, 2011; Airport Zoning Commission to fill a six-year term January 1,2006 - December 31,2011. [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 Vanderhoef reported on the regional meeting on refuse planning; and the Parks and Recreation tour, noting the success of the dog park and the talking about the need for another smaller park. Council Member Champion asked that the 4th Street intersection near City High be discussed soon, noting the recent pedestrian accident. Council Member Correia stated she had already contacted staff about traffic counts, and the possibility of outside analysis. Champion also shared concerns regarding bicyclists downtown. Mayor Wilburn thanked Sigma Theta Tau for inviting him to speak earlier in the evening. Moved by Vanderhoef, seconded by Bailey, to adjourn meeting at 10:20 p.m. The Mayor declared the motion carried unanimously, 7/0, all C,::?,mber prese11- ~ U .JL2f'A- Ross Wilburn, Mayor -- !h~ I( . ~~ Marian K. Karr, City Clerk G[ 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 8/31/07 Iowa City City Council special meeting, 2:00 p.m. at City Hall. Mayor Wilburn presiding. Council Members present: Bailey, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: Champion, Correia. Moved and seconded to adopt RES. 07-262, AUTHORIZING AND DIRECTING THE JOHNSON COUNTY AUDITOR TO PLACE A PROPOSED AMENDMENT TO THE CITY'S HOME RULE CHARTER TO CREATE A PERMANENT POLICE CITIZEN REVIEW BOARD BEFORE THE QUALIFIED ELECTORS OF THE CITY OF IOWA CITY, IOWA AT THE NEXT REGULAR CITY ELECTION ON NOVEMBER 6, 2007. Moved and seconded to adjourn 2:10 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ross Wilburn, Mayor S/M7?l~~~I~ Submitted for publication - 9/10/07. GZ-LJ~ I ;9~;;) 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 - 9/4/07 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. 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 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. 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 Motley Cow Cafe, 327 E. Market St. Renewal: Class C Liquor License for Sports Column, 12 S. Dubuque St.; Class C Liquor License for Airliner Bar, 22 S. Clinton St.; Class C Liquor License for Restaurant Verde, 509 S. Gilbert St.; Special Class C Liquor License for Englert Theatre, 221 E. Washington St.; Class C Beer Permit for Liquor Downtown, 313 S. Gilbert St.; Class B Wine Permit for Prairie Table, 223 E. Washington St.; Class C Beer Permit for Gasbys, 1310 S Gilbert St.; Class C Beer Permit for L & M Mighty Shop, Inc., 504 E. Burlington St.; Class C Beer Permit for Dan's Short Stop Corp., 2221 Rochester Ave.; Class C Beer Permit New Pioneer Co Op Fresh Food Market, 22 S. Van Buren St.; Class C Beer Permit for Kum & Go #52,25 W. Burlington St.; Class C Beer Permit for Kum & Go #53,955 Mormon Trek Blvd.; Class C Beer Permit for Hy-Vee Gas #1,260 Stevens Dr.; RES. 07-263, TO ISSUE CIGARETTE PERMIT to Mama's Deli & Catering, 125 E. Washington; Iowa City Piano Lounge, 217 Iowa Ave.; Studio 13, 13 S. Linn St.. 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 Official Actions September 4, 2007 Page 2 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. The Mayor declared the motion carried. Jean Walker, 335 Lucon Drive, thanked Council on behalf qf 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. Moved and seconded 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 Parkwa)! 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. Moved and seconded 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. 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). Moved and seconded that the ordinance vacating Court Street, west of Madison Street and Front Street, south of Burlington Street (V AC07 -00004), be given first vote. The Mayor declared the motion carried. Moved and seconded 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. 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 (V AC07 -00005). Official Actions September 4, 2007 Page 3 Moved and seconded 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), be given first vote. The Mayor declared the motion carried. Moved and seconded 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. 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-10) 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-1 0) Zone (REZ07-00008). Moved and seconded to continue the public hearing and defer first vote of ordinance to October 2. 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- 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), 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. 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. Moved and seconded 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. 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 for bids, and fixing time and place for receipt of bids. Moved and seconded 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. Official Actions September 4, 2007 Page 4 Moved and seconded 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. 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- 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. 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. 07-4279, 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. 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 Official Actions September 4, 2007 Page 5 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. Applications must be received by 5:00 p.m., Wednesday, October 10, 2007. Moved and seconded to accept correspondence from Jacqueline Stubbers. The Mayor declared the motion carried. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Moved and seconded to adjourn meeting at 7:50 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ross Wilburn, Mayor s/Marian K. Karr, City Clerk 7~.L.-~ ~ 7f'. A-"~ Submihedfor publication - 9/12/07. ~U~ Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES August31,2007 Iowa City City Council special meeting, 2:00 p.m. at City Hall. Mayor Wilburn presiding. Council Members present: Bailey, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: Champion, Correia. Staff members present: Helling, Dilkes, Karr. Moved by Bailey, seconded by Vanderhoef, to adopt RES. 07-262, AUTHORIZING AND DIRECTING THE JOHNSON COUNTY AUDITOR TO PLACE A PROPOSED AMENDMENT TO THE CITY'S HOME RULE CHARTER TO CREATE A PERMANENT POLICE CITIZEN REVIEW BOARD BEFORE THE QUALIFIED ELECTORS OF THE CITY OF IOWA CITY, IOWA AT THE NEXT REGULAR CITY ELECTION ON NOVEMBER 6, 2007. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 5/0, Champion and Correia absent. Moved by O'Donnell, seconded by Vanderhoef, to adjourn 2:10 p.m. The Mayor declared the motion carried unanimously,5/0, Champion and Correia absent. 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 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 St. Renewal: Class C Liquor License for Spo. Co., Inc. dba Sports Column, 12 S. Dubuque St.; Class C Liquor License for Hall Place Ventures Corp dba Airliner Bar, 22 S. Clinton St.; Class C Liquor License for Iowa City Food & Spirits, Inc., dba Restaurant Verde, 509 S. Gilbert St.; Special Class C Liquor License for Englert Civic Theatre, LP, dba Englert Theatre, 221 E. Washington St.; Class C Beer Permit for Jason Caylor dba Liquor Downtown, 313 S. Gilbert St.; Class B Wine Permit for Prairie Table, Inc., dba Prairie Table, 223 E. Washington St.; Class C Beer Permit for FAP Enterprises, Inc., dba Gasbys, 1310 S Gilbert St.; Class C Beer Permit for L & M Mighty Shop, Inc., dba L & M Mighty Shop, Inc., 504 E. Burlington St.; 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 St.; Class C Beer Permit for Kum & Go, LC, dba Kum & Go #52,25 W. Burlington St.; 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 St.. 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 (V AC07 -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-10) 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-1 0) 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 for bids, 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, all Council Members present. Ross Wilburn, Mayor Marian K. Karr, City Clerk Cll[ JOINT MEETING MINUTES AUGUST 22, 2007 EMMA J. HARV A T HALL, CITY HALL, IOWA CITY CITY COUNCILS OF IOWA CITY, NORTH LIBERTY AND CORALVILLE, JOHNSON COUNTY BOARD OF SUPERVISORS, IOWA CITY SCHOOL BOARD CALL TO ORDER: Mayor Wilburn called the meeting to order at 4:30 P.M. WELCOME AND INTRODUCTIONS: IC City Council: Wilburn, Elliott, Vanderhoef, Correia, O'Donnell, Champion, Bailey North Liberty City Council: Wilkerson, Wozniak, Kuhl, Bahl Coralville City Council: Fausett, HelWig, Lundell, Weihe JC Board of Supervisors: Harney, Neuzil, Meyers, Sullivan, Stutsman Iowa City School District: Klouda, Leff, Cilek, Fields Others Present: IC City Atty. Dilkes; IC City Clerk Karr; Interim City Mgr. Helling; JCCOG Asst. Transportation Planner Neumann; JCCOG Ex. Director Yapp; IC PCD Director Davidson; Coralville City Adm. Hayworth; NL Asst. City Admin./City Clerk Mulcahey; ICCSC Superintendent Plugge; JC Facilities Director Kempf, JC Sheriff Pulkrabek, CAFE rep. Fisher; JC Attorney Lyness; CVB President Schaumberger; Sierra Club Rep. Baker (A complete transcription is available in the City Clerk's office) PRESENTATION ON NEW HHS BUILDING (JOHNSON COUNTY & IOWA CITY): Dave Kempf, Johnson County Facilities Director, gave a brief overview of the proposed Health and Human Services Building, stating that it will be a 90,000 square foot building, with 30,000 square feet per floor. The current plan is to finish 60,000 square feet of the building, and keep the remaining space for future expansion. He pointed out the various departments that will be housed in this new building, including Department of Human Services, Veterans Affairs, Juvenile Probation, and Mental Health and Developmental Disability, to name a few. Kempf also noted that there would be larger meeting rooms in the new building, which will allow them to hold larger on-site meetings in the future. The County is also working with Mid American to keep the building as energy efficient as possible. Joint Meeting Minutes August 22, 2007 Page 2 NEW BUSSING (lCCSD): School Board President Cilek stated that the new bus company, Durham, appears to be doing well in the first week of school. She noted that there have been the usual bus problems, but that as a whole, they have seen a lot of improvement. Supt. Plugge added that they have enough bus drivers this year, which had been a problem in the past. PROPOSED JOINT FIRING RANGE (IOWA CITY): Sheriff Pulkrabek stated that there is a need for a firing range in the Iowa City area, as the current arrangement with Cedar Rapids will most likely be ending next year. He stated that IC Police Chief Hargadine is working on this issue as well. LOCAL CONTROL OF SMOKE FREE ORDINANCES (CORALVILLE): Coralville Council Member Lundell asked if others were in support of a resolution encouraging the State Legislators to allow local control of smoking in their communities. Eileen Fisher with CAFE spoke briefly about the language that was adopted by the Statewide Coalition for this resolution. SEATS/SECONDARY ROADS FACILITY (JOHNSON COUNTY): Johnson County Supr. Neuzil spoke briefly about the new facility for SEATS and Secondary Roads. The location will be on Melrose Avenue across from Chatham Oaks. He stated that this project would be going out for bid in mid-September. TREATMENT COURT (JANET LYNESS) PRESENTATION (IOWA CITY): JC Atty. Lyness addressed the gathering regarding the proposed Treatment Court. She stated that due to the overcrowding of jails with inmates who have substance abuse problems and mental health problems, this idea is being presented to help deal with these issues. She explained the intensive program that would be part of this treatment court. Lyness stated that with intense lobbying at the State, they were able to get funds from the Department of Correctional Services to start programs in both Linn County and Johnson County. Linn County's program starts in the next few weeks, and Johnson County's program is due to begin in January. IC Council Member Vanderhoef voiced her concern that there be support services in place to help these people comply with the treatment court requirements. Joint Meeting Minutes August 22, 2007 Page 3 ADD'L ELEMENTARY SCHOOL SITE NEEDED - VAN ALLEN ENROLLMENT (lCCSD): School Board President Cilek stated that the schools are overcrowded in the north corridor, and that the District is still looking for land to build another new school. JOINT COMMUNICATIONS CENTER (JOHNSON COUNTY): JC SUpf. Harney began by complimenting Jeff Davidson and Regenia Bailey on their continued work on this project. He noted that they first went through a site selection process, and have chosen a site next to the Water Plan on Dubuque Street. Currently they are working with architects Neumann Monson on building design. He asked that the communities commit to this much-needed Communications Center. UPDATE ON LIGHT RAIL SERVICE (CORALVILLE): CVB President Schaumberger spoke about the possibility of resurrecting a light-rail service in the Corridor between Cedar Rapids and Iowa City. He explained that the Crandic Line is still in existence, but would need some updates before regular service would be offered. He noted that there would be a free train ride from Cedar Rapids to Iowa City this coming Saturday (August 25), and he encouraged those in attendance to come out and join the ride. JCCOG Ex. Dir. Yapp spoke about a light-rail service, stating that Amtrak is doing some studies to see if they can get a stop in Iowa City. He also spoke about the need for cities to advocate with Iowa DOT for funding on projects such as this. ANIMAL CONTROL (JOHNSON COUNTY): JC Supr. Stutsman addressed some of the recent changes in policies regarding animal control. She stated that the individual cities are going to have to assume responsibility and cost for animals, as the County will no longer do this. JC SUpf. Harney added that small, incorporated communities would need to contract with the Iowa City Animal Control or with a veterinary clinic. NL Council Member Kuhl noted that North Liberty is currently working on a "vicious animal ordinance," and JC Supr. Stutsman stated the County would be interested in seeing a copy. TRAILS (JOHNSON COUNTY): JC SUpf. Stutsman noted that the County now has a Trails Advisory Committee, and that Janelle Rettig is the Chair. She stated that a grant has been applied for that would complete the trail along Dubuque Street, from West Overlook to North Liberty. J oint Meeting Minutes August 22, 2007 Page 4 JUSTICE CENTER (JOHNSON COUNTY): JC Supr. Neuzil spoke about the Criminal Justice Coordinating Committee, which is made up of Board of Supervisors members, Sheriff Pulkrabek, County Attorney Lyness, the court system, and an Iowa City representative, and their work on identifying issues with the overcrowded jail. He noted that the Durant Corporation has been hired as a consultant, and they will be providing the Committee with areas of concern, such as space needs assessment, justice center facility site evaluations, and master plan recommendations. He hopes to have a final evaluation by December. JC Supr. Neuzil also spoke about the projected populations for this area and how this will also affect the overcrowding issue. JC Supr. Harney noted that the Johnson County Courthouse is having a weight problem on the second floor due to the large volume of records. Eventually they hope to have electronic records, but for now, they need to address this Issue. COOL CITIES INITIATIVE (JOHNSON COUNTY): Sierra Club rep. Jim Baker addressed the attendees regarding the Cool Cities Initiative. He noted that last April, IC Mayor Wilburn signed the U.S. Mayor's Climate Protection Agreement and he encouraged the other entities present to also do so. Rep. Baker continued, stating that the Johnson County Board of Supervisors had tasked the Sierra Club to answer two questions at today's meeting. One had to do with the various jurisdictions combining their efforts on an energy audit, or the global warming audit. He stated that each entity needs to do this separately. The other question involved having a citizens' task force to "shepherd the process toward reducing greenhouse gases," to which Baker stated that this could be done. IC Mayor Wilburn encouraged others to join in on this. SCHEDULE NEXT MEETING: The next meeting will be December 19,2007, in Coralville. ADJOURNMENT: The meeting adjourned at 5:45 P.M. j ~ 1 ~~~~'t ,,~~aa.~ ~.. CITY OF IOWA CITy)J;i: MEMORANDUM Date: September 4, 2007 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, September 4, 2007, 5:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia (5:45), Elliott, O'Donnell, Vanderhoef, Wilburn UISG Rep: Volland Staff: Helling, Holecek, Karr, Rocca, Morris, Kopping, Davidson, Fosse, Knoche, Boelk, Fowler, O'Brien (A complete transcription is available in the City Clerk's Office) PLANNING & ZONING ITEMS PCD Director Davidson presented information on the following items: C. VACATING COURT STREET, WEST OF MADISON STREET AND FRONT STREET, SOUTH OF BURLINGTON STREET (VAC07-00004). (University Recreation Center) D. 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 Recreation Center) E. 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) F. 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. (Hieronymus Square) 326 FAIRCHILD ST DRIVEWAY I NORTHSIDE RESIDENTIAL PARKING PERMITS (IP2 and IP3 of August 30 Information Packet) Atty. Gregg Geerdes, representing Ms. Ta, presented information and photographs regarding 326 Fairchild St. Asst. City Atty. Holecek present for discussion. After discussion, a majority of Council indicated they were not in favor of removing the tree. Council agreed to wait until after the September 27'h Northside Neighborhood Association discussion of parking permits before scheduling it for further Council discussion. STAFF ACTION: Report back after neighborhood meeting. (Davidson) Council Work Session September 4, 2007 Page 2 SANDUSKY STORM DRAINAGE Civil Engr. Boelk presented a power point presentation outlining two options for the project. Majority directed staff to present the options to the neighborhood and report back on which one they wish the City to pursue. STAFF ACTION: Report back to Council after neighborhood input. (Boelk) AGENDA ITEMS 1. (Agenda item # 11 - Resolution approving agreement... fourth amendment.. .Peninsula Neighborhood Development Agreement...) Council Member Vanderhoef requested unit totals that were custom built and/or purchased solely by the private sector. PCD Director Davidson present for discussion. 2. (Agenda item # 9 - Ordinance amending Title 10 .... Use of Public Ways and Property" ... to allow fencing to remain year round on cafes located on concrete platforms ... on public-right of-way) In response to Council Member Elliott, City Clerk Karr indicated the final approval would still be required by Council. 3. (Agenda items # 6 - Public hearing... Fire Station # 2 .... And item # 7 ... Senior Center ADA Restroom Renovation... Resolution) Interim City Manager Helling stated staff was present to answer any questions regarding the projects. There were none. 4. (Agenda item # 10 - Ordinance amending Title 16 ... Public Works ... Storm Water Collection, Discharge and Runoff... to delete exemption for concrete truck wash out) Public Work Director Fosse present for discussion. COUNCIL TIME None SCHEDULE OF PENDING DISCUSSION ITEMS None Meeting adjourned 6:45 PM.