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HomeMy WebLinkAbout2007-10-02 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 OCTOBER 2, 2007 Iowa City City Council regular meeting 8:00 p.m (delayed start due to weather warning) 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, Morris, Boothroy, Jensen, Kopping. The Mayor proclaimed Fire Prevention Week - October 7-13,2007, Lieutenant Bob Henry, Iowa City Fire Department accepting; National Physician Assistant Week - October 6- 12,2007, Luke Hammer, Kerstin Buettner, Melissa Opsahl, and Nicki Johnson accepting. The Mayor presented Outstanding Student Citizenship Awards to Roosevelt Elementary students: Max Donta, Nik Donta, Morgan Mellecker. Moved by Bailey, 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: September 15, Special Council Work Session; September 17, Regular Council Work Session; September 18, 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): Parks and Recreation Commission - August 8,2007; Airport Commission - August 9,2007 Airport Commission - August 13, 2007; Airport Commission - September 5, 2007; Housing and Community Development - July 19, 2007; Telecommunications Commission - July 23,2007; Senior Center Commission - August 21, 2007; Youth Advisory Commission - August 22,2007; Human Rights Commission - August 21, 2007. Permit Motions and Resolutions as recommended by the City Clerk. Renewal: Class C Beer Permit for HWZ, LLC, dba RJ'Z Express, 2 Escort Ln.; Class C Liquor License for Takanami, LLC, dba Takanami, 217 Iowa Ave.; Special Class C Liquor License for Angela, Inc., dba Masala, 9 S. Dubuque St.; RES. 07-287, TO ISSUE CIGARETTE PERMIT to KLDP, Inc., dba Mama's Deli & Catering, 600 N. Dodge St.; approve disbursements in the amount of $19,107,215.43 for the period of June 1 through June 30, 2007, as recommended by the Finance Director subject to audit. Resolutions: RES. 07-288, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A PUBLIC WALKWAYITRAIL EASEMENT AGREEMENT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PERMANENT RECREATION TRAIL EASEMENT AGREEMENT SUBSTITUTED IN LIEU THEREOF FOR THE COURT HILL TRAIL PROJECT; RES. 07-289, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WEST BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1020 COVERED WAGON DRIVE, IOWA CITY, IOWA; RES. 07-290, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING ONE MORTGAGE AND THREE PROMISSORY NOTES FOR THE PROPERTY LOCATED AT 2603 WAYNE AVENUE, IOWA CITY, Complete Description October 2,2007 Page 2 IOWA; RES. 07-291, APPROVING THE EXTERIOR DESIGN OF A NEW COMMERCIAL BUILDING ON LOT 3, PEPPERWOOD PLAZA. Correspondence: Acting Traffic Engineering Planner regarding Installation of (1) NO PARKING HERE TO CORNER sign on Lucas Street; Acting Traffic Engineering Planner regarding Installation of (1) STOP sign on the Southwest corner of the Court Street/Taft Avenue intersection; Brian Chalupa regarding Marijuana; Jean Allgood regarding Campfire pits [staff response included]; Rod Sullivan regarding Tax Increment Financing [response from Council Member Elliott included]; Willa Dickens regarding City Plaza concerns; Cliff Thompson regarding Open meeting on electric lighting ordinance [staff response included]; Smoking letters from Lauren Kokott [staff response included], Clifford Pirnat; Tom Saterfiel regarding Overgrown bushes on sidewalk [staff response included (2)]; James Mondanaro regarding Advertisement in OnCampus319 Magazine for Saloon's Outdoor Seating Area; John Dane regarding Mormon Trek Boulevard name change. 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 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). Moved by Champion, seconded by O'Donnell, to continue public hearing indefinitely and to defer ordinance indefinitely. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, 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) (Cardinal Pointe South), be given second 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- 4283, REZONING APPROXIMATELY 0.95 ACRES OF LAND LOCATED AT 805 AND 817 SOUTH GILBERT STREET FROM INTENSIVE COMMERCIAL (CI-1) ZONE TO COMMUNITY COMMERCIAL (CC-2) ZONE (REZ07-00012), 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 O'Donnell, 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. The Mayor requested that Council Members disclose ex parte communications, and none were reported. Moved by Champion, seconded by Vanderhoef, to accept correspondence from George Sehl. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Correia, to adopt RES. 07-292, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN ACCESS EASEMENT AND Complete Description October 2, 2007 Page 3 PARKING AGREEMENT WITH HIERONYMUS SQUARE ASSOCIATES FOR THE DEVELOPMENT OF CERTAIN LOTS ON BLOCK 102, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Bailey, to approve a letter to the Johnson County Board of Supervisors recommending denial of a rezoning from County Agriculture (A) to County Residential (R) Zone for approximately 4.99 acres of property located on the north side of Rohret Road SW, approximately .5 mile west of its intersection with Landon Avenue SW in Union Twp. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor requested that Council Members disclose ex parte communications, and none were reported. A public hearing was held on a resolution authorizing conveyance of a Storm Water Management Drainage Easement and a Storm Sewer Pipe Easement along the southwest corner of the Iowa City Municipal Airport to Harold John Dane, Allegra Dane, Jan Ellen Smith, Robert A. Davis and James R. Davis. No one appeared. Moved by Bailey, seconded by Correia, to adopt RES. 07-293, AUTHORIZING CONVEYANCE OF A STORM WATER MANAGEMENT DRAINAGE EASEMENT AND A STORM SEWER PIPE EASEMENT ALONG THE SOUTHWEST CORNER OF THE IOWA CITY MUNICIPAL AIRPORT TO HAROLD JOHN DANE, ALLEGRA DANE, JAN ELLEN SMITH, ROBERT A. DAVIS AND JAMES R. DAVIS. 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. 07-294, APPROVING THE FINAL PLAT OF JJR DAVIS FOURTH ADDITION, IOWA CITY, IOWA. PCD Director Davidson present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Council combined a public hearing 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 renewal thereafter, to furnish, deliver and sell natural gas to said city and its inhabitants and a public hearing on 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, and sell electric energy to said city and its inhabitants. The following individuals appeared: Terry Smith, MidAmerican Energy; Peter Hansen, 1203 Cambria Ct.; Mark Ginsberg, 110 East Washington St.; Henry Madden; Caroline Dieterle; Tom Carsner; Jim Baker, 30 Alder Court; Joe Raso, Iowa City Area Development Group (ICAD); Nancy Quellhorst, Iowa City Area Chamber of Commerce; Holly Hart, 228 S. Summit St.; Jim Ponto, 618 Brown St.; Carol Spaziani, 409 Crestview Ave.; LaVonn Horton, 2315 Rochester Ave.; Jeanette Carter; Brandon Ross; William Boos; Kara Frantz; Dan Smith, 905 Wylde Green Road, Land Development Council; Mark Phillips; Karen Kubby, 1425 Ridge St.; Allan Urlis; Rebecca Neades, Iowa City Area Chamber of Commerce; John Schinert, Franchise Manager for MidAmerican; City Legal counsel for negotiation Ivan Webber present. Individual Council Members expressed their views. Moved by Bailey, seconded by Correia, to continue public hearings to October 16. The Mayor declared the motion carried, 5/2, with the following division of voice vote. Ayes: Bailey, Champion, Correia, Vanderhoef, Wilburn. Nays: . O'Donnell, Elliott. Absent: None. Moved by Bailey, seconded by Correia, to accept correspondence from James Ponto, Rod Sullivan, and Richard and Jacqueline Hodson, Carol Complete Description October 2,2007 Page 4 Spaziani, and a power point presentation from Terry Smith. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by O'Donnell, 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 second vote. Motion by Correia to amend the ordinance to include wider doorways, height standards for switches and outlets, and to include a provision that allows the homeowner to waive requirements for a custom built home, but not the contractor for homes built on speculation. The Mayor declared the amendment dead for lack of a second. The following individuals appeared: Bob Welsh, 84 Penfro Dr.; Louise Young, 320 S. Dubuque St.; and Mark Brown. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Correia, to accept correspondence from Nancy Ostrognai. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Champion, 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 second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, 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 second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Bailey, 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 second 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 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 second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Bailey, 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 Complete Description October 2,2007 Page 5 Building Code, be given second 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 amending Title 8 of the City Code, entitled "Police Regulations," Chapter 8, entitled, "Police Citizens Review Board," Article 10, entitled "Council Review," to delete the 2-year City Council review, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. 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 O'Donnell, to adopt RES. 07-295, APPROVING FUNDING FOR SUMMA ENTERPRISES, LLC D/B/A NILE VALLEY RESTAURANT FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Individual Council Members expressed their views. The Mayor Pro tem declared the resolution adopted, 5/1/1, with the following division of roll call vote. Ayes: Bailey, Champion, Correia, O'Donnell, Vanderhoef. Nays: Elliott. Abstaining: Wilburn. Absent: None. Mayor Wilburn returned to the meeting. Moved by Correia, seconded by Champion, to adopt RES. 07-296, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FIRE STATION #2 DEMOLITION AND CONSTRUCTION PROJECT to Miron Construction for $2,061 ,650.00. Individual Council Members presented their views. Architectural Coordinator Morris 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 Champion, to adopt RES. 07-297, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SENIOR CENTER ADA RESTROOM RENOVATION PROJECT to McComas-Lacina Construction for $ 299,700.00. Individual Council Members presented their views. Architectural Coordinator Morris present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Correia, seconded by Bailey, to adopt RES. 07-298, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHIVE- HATTERY, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE EASTSIDE RECYCLING CENTER PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Correia, seconded by Bailey, to adopt RES. 07-299, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE PAR GROUP FOR SERVICES IN CONNECTION WITH THE SEARCH FOR A NEW CITY MANAGER. 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: Youth Advisory Commission (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., Complete Description October 2,2007 Page 6 Wednesday, October 10, 2007; 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; 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 for 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. The Mayor announced the current vacancies: Board of Appeals (Building Design Rep) to fill an unexpired term ending December 31,2009; Historic Preservation Commission to fill an unexpired plus a three-year term ending March 29, 2011. Applications must be received by 5:00 p.m., Wednesday, November 14, 2007. Moved by Vanderhoef, seconded by Bailey, to accept correspondence from Douglas DuCharme and John McCormally. 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 Vanderhoef presented a brief report on attending the Iowa League of Cities conference in Dubuque, and the passing of the presidential gavel to incoming League president Coralville Mayor Jim Fausett. Mayor Pro tem Bailey reminded citizens of the Gallery Walk scheduled October 5. Mayor Wilburn encouraged citizens to vote in the City primary next Tuesday, October 9, and wished good luck to all the candidates. Moved by O'Donnell, seconded by Vanderhoef, to adjourn meeting at 11 :00 p.m. The Mayor declared the motion carried unanimously, 7/0, all . Members present. 7t~ ~.~Aj Marian K. Karr, City Clerk ,~ 1 --= -~ ~~ai!:*t ~ ~cml~ -.: CITY OF IOWA CITY MEMORANDUM ( ~~(1)_ Date: September 24, 2007 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Special Work Session, September 15, 2007, 8:00 AM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn UISG Rep: Volland Staff: Dilkes, Mejia, Karr (A complete transcription is available in the City Clerk's Office) Interviews were held with the four executive search firms as follows: 8AM Waters-Oldani Executive Recruitment (Andrea Sims) 9AM Slavin Management Consultants, Inc. (Bob Slavin and Paul Wenbert) 10AM Bennett Yarger Associates (Richard Kobayashi) 11AM The PAR Group - Paul A. Reaume Ltd. (Robert Beezat) Council selected The PAR Group as the preferred executive search firm and direct staff to begin negotiating the contract for Council approval. Council decided: 1. Broad community input in developing recruitment profile 2. Identify representative from various community institutions and organizations for one on one interviews with consultant (can be in person or phone) 3. Goal is to bring in 12+ list of semi finalists and Council get down to smaller list of finalists 4. "meet and greet" event with the finalists, and allow for comments/inpuUquestionnaire from attendees, no rankrngs, and not on week-end day 5. All names confidential until the finalists are brought to Iowa City 6. Families of the finalists will also be invited for visit 7. Consider assisting spouse with employment; follow up with University on trailing spouse offi ce 8. City HR Director (Mejia) contact with PAR 9. Mayor guest op in newspaper after consultant hired and timelines and process questions finalized 10. Agreement to decided process and stick to it 11. Draft contract with consultant, distribute September 27 packet for action October 2 Meeting adjourned 1: 15 PM. ,~ 1 -~= -~... !~ai!:~ ",~~au.~ ........ ... C I T Y 0 F lOW A C I T y[; MEMORANDUM Date: September 17, 2007 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, September 17, 2007, 6:30.PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn UISG: Volland Staff: Helling, Dilkes, Karr, Davidson, Fowler, Logsden, Boothroy, Grier, Hennes, Jensen (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 STREEr, SOUTH OF BURLINGTON STREET (VAC07-00004) (SECOND CONSIDERATION) (University Recreation Center) D. 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) 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). (SECOND CONSIDERATION) (Hieronymus Square) F. AUTHORIZING THE CONVEYANCE OF THE VACATED EAST-WEST AND NORTH- SOUTH ALLEYS IN BLOCK 102, IOWA CITY, IOWA, TO HIERONYMUS SQUARE ASSOCIATES (Hieronymus Square) COUNCIL APPOINTMENTS Airport Zoning Board of Adjustment - No applicants; re-advertise Airport Zoning Commission - No applicants; re-advertise Historic Preservation Commission - Willia.m Downey Youth Advisory Commission - Hannah Green Council Work Session September 17, 2007 Page 2 MIDAMERICAN FRANCHISE -IVAN WEBBER (Consent Calendar item # 3d(1)(2)) City Legal Consultant Ivan Webber present for discussion. Council directed staff to: Have information at the time of the public hearing as to how the zoning code addresses utility substations; and not to consider first consideration of the ordinance at the October 2 meeting, rather have the public hearing and receive input prior to any consideration. STAFF ACTION: Schedule public hearings only for October 2 agenda. (Dilkes) CDF (CONGRESSIONALLY DESIGNATED FUNDING) PROJECT PRIORITIES (IP3 of 9/13 Info Packet) PCD Director Davidson present for discussion. Council identified three projects as priorities: ~ First Avenue Railroad Overpass ~ Dodge Street Pedestrian Bridge ~ Dubuque Street Pedestrian Bridge STAFF ACTION: Prepare materials for Corridor delegation, and notify entities of Council decision. (Davidson). TRANSIT FUNDING FORMULAS (IP4 of 9/13 Info Packet) Parking & Transit Director Fowler and Transit Manager Logsden present for discussion. Council agreed to maintain the current formula. BUILDING CODE CHANGES (Agenda items # 7-11) HIS Director Boothroy, Sr. Building Inspector Hennes, Deputy Fire Chief Jensen and Fire Marshall Grier present for discussion. SMOKING REGULATION LOCAL CONTROL RESOLUTION (Agenda item # 18) Majority agreed to proceed. UISG WOMEN'S SAFETY FORUM - ABBIE VOLLAND UISG Rep. Volland introduced Student Body Vice President Carole Peterson. Ms. Peterson reported on the Women's Safety Forum held the previous week. Volland shared copies of the Daily Iowan ad listing men supporting the issue. Majority agreed to discuss safety ideas and collaborative efforts. POLICE CITIZENS REVIEW BOARD - 2 YEAR REVIEW - BALLOT ISSUE (IP6 of 9/13 Info Packet) Majority of Council requested the 2 year review be removed. STAFF ACTION: Prepare ordinance removing 2 year review for October 2 agenda. (Karr) Council Work Session September 17, 2007 Page 3 AGENDA ITEMS 1. (Consent Calendar # 3e(1) - resolution authorizing.... Amendment to agreement with Iwo Realty... Aviation Commerce Park) Mayor Pro tem Bailey noted the absence of Exhibit E in the packet. Staff will follow up. 2. (Agenda item # 17 - resolution authorizing... speed humps... on Kimball Road between N. Governor Street and N. Dubuque Street) In response to Council Member Correia, Interim City Manager Helling outline current City practice of sanding and salting hills during snow and ice storms. 3. (Consent Calendar # 3f(6) -letter from Kate Wade re DTV transition speakers) In response to Council Member Vanderhoef, Interim City Manager Helling stated Cable staff had been aware of the transition and is exploring ways to education the community further utilizing cable and website. Council Member Vanderhoef suggested public announcement during breaks in the televising of Council meetings. 4. (Consent Calendar # 3f(5) - letter from Andrea Rauer re trash in downtown area) In response to concerns, Interim City Manager Helling stated that City crews are out early week-end mornings for clean up. Majority requested a letter be sent to the establishment asking better clean up procedures. 5. (Consent Calendar # 3d(3) - resolution setting public hearing to convey... storm water management drainage easement at the Iowa City Municipal Airport) In response to Council, Interim City Manager Helling stated he would report back on history of the parcel and whether funds go the Airport. COUNCIL TIME 1. In response to Council, City Clerk Karr stated the silver bowl near the entrance to Harvat Hall was the award presented to the City when Ms. Harvat was inducted into the Women's Hall of Fame in August. Additional signage is ordered for above the award. SCHEDULE OF PENDING DISCUSSION ITEMS Majority agreed to notify City Clerk Karr regarding availability for meetings in October and November. Meeting adjourned 9:30 PM. ~ Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 9/18/07 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Wilburn presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: None. The Mayor proclaimed 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. Moved and seconded that the following items and recommendations in the consent Calendar be received, or approved, and/or adopted as presented: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: 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 Brown Bottle, 115 E. Washington St.; Class C Liquor License for David's Place, 100 S. Linn St.; Class C Beer Permit for North Dodge Express, 2790 N. Dodge St.; Class C Beer Permit for Scott Boulevard Hawkeye Convenience Store, 2875 Commerce Dr.; Class C Beer Permit for Kum & Go #51, 323 E. Burlington St.; Class C Liquor License for Micky's Irish Pub, 11 S. Dubuque St.; Class E Liquor License for Liquor Downtown, 315 S. Gilbert St.; Special Class C Liquor License for Baldy's Wraps, 18 S. Clinton St.; Class C Liquor License for Givanni's, 109 E. College St.; Class C Liquor License for Saloon, 112 E. College St.; Class C Liquor License for Joseph's Steakhouse, 212 S. Clinton St.; Class C Liquor License for 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 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 Official Actions September 18, 2007 Page 2 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 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 and seconded to accept correspondence. The Mayor declared the motion carried. 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). Glenn Siders, Southgate Development Services present for discussion. Moved and seconded 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. The Mayor declared the motion carried. Official Actions September 18, 2007 Page 3 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). Moved and seconded 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 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- 4280, VACATING COURT STREET WEST OF MADISON STREET AND FRONT STREET SOUTH OF BURLINGTON STREET (VAC07-00004), 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 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. Moved and seconded 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. 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- 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), 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 authorizing the conveyance of the vacated east-west and north-south alleys in Block 102, Iowa City, Iowa, to Hieronymus Square Associates. Moved and seconded 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. 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. Moved and seconded 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. Official Actions September 18, 2007 Page 4 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. 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 and seconded to accept correspondence from Keith Ruff, Dennis Byrnes, and Mary Lucas. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded to delete Section "Y", Usability Requirements, in its entirety. The Mayor declared the motion to amend carried. The Mayor declared the ordinance as amended was given first consideration. 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. Moved and seconded 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. 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. Moved and seconded 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. The Mayor declared the motion carried. Official Actions September 18, 2007 Page 5 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. Moved and seconded 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. 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. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. 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.07-4282, 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to adopt RES. 07-282, 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. Mayor Wilburn left the meeting due to a conflict of interest on the following item. Mayor Pro tem Bailey presiding. Moved and seconded 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 Official Actions September 18, 2007 Page 6 CITY AND MULLIN & LONERGAN ASSOCIATES FOR THE PREPARATION OF AN ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING. Mayor Wilburn returned to the meeting. Moved and seconded 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. Moved and seconded 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. Moved and seconded to accept correspondence from William Stanford, Randy Ferguson, Chris Dautremont, Cameron Vanni, Edna Pixley, Angela Bellew. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded 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 and seconded to accept correspondence from Barrett Anderson. The Mayor declared the motion carried. 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 and seconded to 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) to fill an unexpired plus a two-year term ending December 31,2009. The Mayor declared the motion carried. 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.] Official Actions September 18, 2007 Page 7 Moved and seconded to adjourn meeting at 10:20 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;;~:~'~ ~~ Subm~ted for publication - 9/26/07. 6LLJ~ 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 Council Member present. Ross Wilburn, Mayor Marian K. Karr, City Clerk