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HomeMy WebLinkAbout2007-10-16 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 16, 2007 Iowa City City Council regular meeting, 7: 00 p. m. City Hall. Mayor Wilburn presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: None. Staff members present: Helling, Dilkes, Karr, Terdalkar, Okerlund. The Mayor proclaimed Change your Clock, Change your Battery Day - November 4, 2007. Mayor Pro tem Bailey reported the National Trust for Historic Preservation recognized the City of Iowa City for the private/public partnership that launched a prompt and effective disaster recovery in the historic neighborhoods in the wake of the 2006 tornado. A special presentation of the National Trust for Historic Preservation Award was presented by Historic Preservation Commission Chair Tim Weitzel and Friends of Historic Preservation rep. Mike Haverkamp. The Mayor presented Outstanding Student Citizenship Awards to Weber Elementary students: Meredith Arpey, Andrew Roskos, Analisa Stewart. Moved by Champion, seconded by O'Donnell, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: October 1, Regular Council Work Session; October 2, 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): Public Library - August 23,2007; Historic Preservation Commission - August 9,2007; Planning and Zoning Commission - August 16, 2007; Planning and Zoning Commission - September 20, 2007. Permit Motions and Resolutions as recommended by the City Clerk. New: Special Class C Liquor License for Laurie L. Magaraci dba Guido's Deli, 227 E. 1st Street. Renewal: Class C Liquor License for HMDS, Inc., dba Grizzly's South Side Pub, 1210 Highland Ct.; Outdoor Service Area for HMDS, Inc., dba Grizzly's South Side Pub, 1210 Highland Ct.; Class C Liquor License for La Casa, Ltd., dba La Casa Ltd., 1200 Gilbert Ct.; Class C Liquor License for Los Portales Mexican Restaurant, Inc., dba Los Portales, 1402 S. Gilbert St.; Special Class C Liquor License for David Zaghloul dba Cafe Z, 1705 S. 1 st Ave. Suite A. Class C Liquor License for Christian Retirement Services, Inc., dba Oaknoll Retirement Residence, 1 Oaknoll Ct.; Class C Beer Permit for On The Go Convenience Stores, Inc., dba On The Go Convenience Stores, Inc., 2315 Muscatine Ave.; Class C Liquor License for Old Capitol Brew Works and Public House, LLC, dba Old Capitol Brew Works and Public House, LLC, 525 S Gilbert St.; Outdoor Service Area for Old Capitol Brew Works and Public House, LLC, dba Old Capitol Brew Works and Public House, LLC, 525 S Gilbert St. Public Hearings: RES. 07-300, SETTING A PUBLIC HEARING ON NOVEMBER 5, 2007, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND Complete Description October 16, 2007 Page 2 ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MCCOLLISTER BOULEVARD PCC PAVEMENT [HDP-3715(628)--71-52] AND MCCOLLISTER BOULEVARD BRIDGE [HDP-3715(634)--71-52] 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. 07-301, ACCEPTING THE WORK FOR THE 2007 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT; RES. 07-302, CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, FORCE MAIN, LIFT STATION, STORM SEWERS, WATER MAIN, STREET PAVING, OUTLOT A SIDEWALK, AND NAPLES AVENUE / HIGHWAY 1 INTERSECTION PAVING AND SIGNAL PUBLIC IMPROVEMENTS FOR MWD DAVIS ADDITION, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Correspondence: Iowa City Ambulatory Surgical Center, LLC regarding TIF tax rebate [staff memorandum included]; Rachel Leist regarding Transit service for Proctor and Gamble employees; Drinking Issue letters from Angela Reams and James Clayton, [staff responses included] Jim Knapp; Rick Rudloff regarding Access to University of Iowa Hospital on game day [staff response included]; Tim Taffe: regarding Trash collection [staff response included]; Mike Wright regarding Northside Parking Permits; Mary Rohan regarding U of I and Iowa City Police Nite Ride Pilot; Fire Station letters from Richard Ferguson, Ryan Bowman, Andrea Rhoades, Scott . Fisher, David Jensen, Rollie Ostrander, Douglas Kubach, Sonja Zeithamel, Joe Jordison, Philip Larson, Tom Keel, Bev Quantance; Rod Sullivan regarding Streetlig hts. The Mayor repeated the public hearings as set. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Dick Ferguson, CEO and Chairman of ACT (American College Testing), presented a statement on the need for a fourth fire station. Moved by O'Donnell, seconded by Correia, to accept correspondence from Mr. Ferguson. The Mayor declared the motion carried unanimously, 7/0, al Council Members present. Fred Stern, 402 Brookland Place, appeared regarding loud parties after football games in the neighborhood. Moved by Vanderhoef, seconded by Correia, to accept correspondence from Mr. Stern. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Marybeth SIonneger11 09 Davenport St., appeared regarding saving small cottage that belonged to Isaac Weatherby (935 Market St.) that is slated for demolition. Council requested Ms. Slonneger provide written information and requested staff report back on options. Senior Center Commissioner Betty Kelly updated Council on activities at the Center. John Loomis, 943 E. Davenport St., noted the proliferation of dogs in the Goosetown neighborhood, and requested Council consider changing the policy to require property owners (and not just animal owners or property tenants) be notified of animal complaints received on their property Moved by Bailey, seconded by Vanderhoef, that ORD, 07-4284, 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 Complete Description October 16, 2007 Page 3 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 passed and adopted. 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 ordinance adopted. Council combined 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, 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 Rep., 2220 Balsam Ct; Karen Kubby, 1425 Ridge St.; Peter Small, 603 S. Dubuque; Mary Duncan, Executive Director Summer of the Arts; Bob Welsh, 840 Penfro; William Boos, 1427 E. Davenport St.; Peter Hansen, 1203 Cambria Ct. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Tom Carsner, Mary Vasey, Jim Andrews, Evan Fales, Tim Weitzel, Russell Haught, Peter Small, Terry Smith, Bob Goodfellow. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, that the 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, be given first vote. Individual Council Members expressed their views. Moved by Correia, seconded by Champion, to defer indefinitely consideration of the ordinance and refer it back to the negotiating table to consider a language change from "may terminate" to "may continue" and the period of time from ten/ten/five to five/ten/ten. MidAmerican rep. Terry Smith present for discussion. Council Member Champion withdrew her second on the motion to defer indefinitely, and after discussion Mayor Pro tem Bailey seconded the motion. The Mayor declared the motion to defer indefinitely defeated, 1/6, on the following division of voice vote: Ayes: Correia. Nays: Bailey, Champion, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: None. Moved by Champion, seconded by O'Donnell, to amend the ordinance by substituting the duration language in Section 2 with the language proposed and distributed by MidAmerican. The Mayor declared the motion to amend carried, 6/1, with the following division of voice vote: Ayes: Bailey, Champion, Elliott, O'Donnell, Vanderhoef, Wilburn. Nays: Correia. Absent: None. The Mayor declared the motion for first consideration carried, 6/1, as amended with the following division of roll call vote. Ayes: Champion, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey. Nays: Correia. Absent: None. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance granting to MidAmerican Energy Company, its successors and assigns, the right and franchise to Complete Description October 16, 2007 Page 4 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, be given first vote, as amended by substituting the duration language in Section 2 with the language proposed and distributed by MidAmerican. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. Nays: Correia. Absent: None. Moved by O'Donnell, seconded by Vanderhoef, that ORD. 07-4285, 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 passed and adopted. Bob Welsh, 840 Penfro, appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Vanderhoef, that ORD. 07-4286, 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 passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Bailey, seconded by Vanderhoef, that ORD. 07-4287, 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 passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by O'Donnell, that ORD. 07-4288, 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 passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Bailey, that ORD. 07-4289, AMENDING TITLE 7, CHAPTER 1, FIRE PREVENTION AND PROTECTION, BY ADOPTING THE 2006 EDITION OF THE INTERNATIONAL FIRE CODE TO REGULATE AND GOVERN THE Complete Description October 16, 2007 Page 5 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 passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by Champion, that ORD. 07-4290, 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 passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Bailey, 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. 07-4291, 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 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 Correia, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Bailey, seconded by, Champion, that the ordinance amending Title 5, "Business and License Regulations," Chapter 2, "Taxicabs," in Sections 5-2-2, "Taxicab Business License; vehicle decals," Subsection C and D; 5-2-3, "Liability Insurance Requirements," subsection A(2); 5-2-4, "Vehicle Inspection Required," Subsection A 1 (A) and (B); 5-2-8, "Vehicle Requirements," Subsection B; 5-2-9, Subsection C, "Vehicle Stand," and 9-4-1 OD "Public Carrier Stops and Stands," Subsection 2B "Taxicabs," of the City Code to clarify current requirements, to increase safety, and to require annual inspections, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Correia, to accept correspondence from David Stoddard. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Bailey, to adopt RES. 07-303, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A CONSULTANT AGREEMENT WITH ELERT & ASSOCIATES FOR RADIO DESIGN SERVICES FOR THE JOINT EMERGENCY COMMUNICATION CENTER. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Bailey, to adopt RES. 07-304, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A CONSULTANT AGREEMENT WITH NEUMANN MONSON ARCHITECTS PC FOR ARCHITECTURAL SERVICES FOR THE JOINT EMERGENCY COMMUNICATION CENTER. Affirmative roll Complete Description October 16, 2007 Page 6 call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Correia, to adopt RES. 07-305, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT AMONG THE CITY OF IOWA CITY, THE CITY OF NORTH LIBERTY, THE CITY OF CORALVILLE AND JOHNSON COUNTY FOR THE FUNDING OF CONSULTANT SERVICES FOR THE JOINT EMERGENCY COMMUNICATION CENTER. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Correia, to adopt RES. 07-306, AMENDING THE BUDGETED POSITIONS IN THE PARKING DIVISION OF THE PARKING AND TRANSIT DEPARTMENT BY DELETING ONE FULL-TIME MAINTENANCE WORKER I - TOWING POSITION AND ADDING ONE FULL-TIME MAINTENANCE WORKER II - PARKING POSITION. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Bailey, to adopt RES. 07-307, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE COURT HILL TRAIL PROJECT, STP-E-3715(635)--8V-52. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Bailey, to adopt RES. 07-308, NAMING THE SMALL DOG SECTION WITHIN THE THORNBERRY OFF-LEASH DOG PARK THE "LINDER TIRE SERVICE SMALL DOG YARD." Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 07-309, NAMING A NEW NEIGHBORHOOD PARK "FRAUENHOL TZ-MILLER PARK." Carl Schmidt, representing Henrietta Miller, thanked the Parks & Recreation Commission and City Council for allowing the family the ability to leave a legacy on the family farm with the naming of the park. 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. 07-310, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE OLD HIGHWAY 218 WATER MAIN EXTENSION PROJECT to Tschiggfrie Excavating Co. for $ 462,507.55. 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. 07-311, ESTABLISHING THE TASK FORCE TO ADDRESS VIOLENCE AGAINST WOMEN. Majority agreed to add an Interfraternity Council representation to the Task Force. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted as amended. Moved by Bailey, seconded by Vanderhoef, to adopt RES. 07-312, APPROVING A PURCHASE AGREEMENT AND OPTION TO PURCHASE FOR THE CITY'S PURCHASE OF AN APPROXIMATELY 31.5 ACRE PARCEL OF THE 53.6 ACRES OF LAND KNOWN AS THE SHOWERS ADDITION ALONG THE IOWA RIVER WEST OF SAND LAKE AND AN OPTION TO PURCHASE THE REMAINDER OF SAID SHOWERS ADDITION. The Mayor declared the resolution Complete Description October 16, 2007 Page 7 *Revised 11/7/07 adopted, 5/2, with the following division of roll call vote. Ayes: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. Nays: Elliott, Correia. Absent: None. The Mayor noted the previously announced vacancies on Boards and Commissions: Airport Zoning Brd of Adjustment to fill an unexpired term plus a five-year term ending December 31,2011; Airport Zoning Commission to fill a six-year term January 1,2006- December 31,2011; Airport Zoning Commission to fill a six-year term January 1, 2008- December 31,2013. [Advertised in error. Position appointed by Board and should be omitted from the agenda.]; 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 to fill 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; Board of Appeals (Building Design Rep) for 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. The Mayor announced the current vacancies: Board of Adjustment to fill a five-year term January 1, 2008 - January 1, 2013; Human Rights Commission for three vacancies to fill three-year terms January 1, 2008 - January 1, 2011; Parks & Recreation Commission for two vacancies to fill four-year terms January 1, 2008 - January 1, 2012; Public Art Advisory Committee for two vacancies, one (1) Art or Design Professional and one (1) ex officio, to fill three-year terms January 1, 2008 - January 1, 2011. Applications must be received by 5:00 p.m., Wednesday, December 5,2007. The Mayor noted that the Youth Advisory Commission vacancy (Age 18 to 21 on the date of filing), to fill an unexpired plus a two-year term ending December 31,2009, will be readvertised. [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 Elliott noted the sincere apologizes expressed by The Saloon owner, Jim Mondanaro, regarding a recent ad referring to the sidewalk cafe as a beer garden; and stated his disappointment that Dick Ferguson from ACT had to plead for a fourth fire station earlier in the meeting. Mayor Pro tem Bailey referenced the letter from Procter & Gamble on the Consent Calendar and requested staff report back on the request. Council Member Vanderhoef reported on her attendance at the Iowa Department of Transportation meeting in Clinton and stated she would be asking Council to get more involved in some issues in meeting with area legislators; and the fine presentation she heard *from Systems Unlimited, reminding everyone that Systems was not a United Way funded agency, and that they were totally funded by grants and donations. Council Member O'Donnell agreed with remarks made by ACT CEO and Chair Dick Ferguson and Council Member Elliott regarding the need for a fourth fire station. Council Member Champion said she was disturbed by comments made earlier (Fred Stern) regarding Brookland Drive nuisance complaints. Council requested information on Complete Description October 16, 2007 Page 7 adopted, 5/2, with the following division of roll call vote. Ayes: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. Nays: Elliott, Correia. Absent: None. The Mayor noted the previously announced vacancies on Boards and Commissions: Airport Zoning Brd of Adjustment to fill an unexpired term plus a five-year term ending December 31\,2011; Airport Zoning Commission to fill a six-year term January 1,2006 - December 31, ~11; Airport Zoning Commission to fill a six-year term January 1, 2008- December 31, 26't3. [Advertised in error. Position appointed by Boarg and should be omitted from the ag~nda.]; Board of Appeals for two vacancies, (one BA Rep and one Licensed Plumber) td{ill a five-year term January 1,2008 - Decem er 31,2012; Senior Center Commission for two vacancies to fill three-year terms Jan ry 1, 2008 - December 31,2010; Youth Advisory\Commission for two vacancies to fill t year terms January 1, 2008 - December 31, 2009iOne (1) person - Age 15 to 170 he date of filing, One (1) person - Age 18 to 21 on the'qate of filing. Applications mu be received by 5:00 p.m., Wednesday, October 31, 2007>eoard of Appeals (Buildin esign Rep) for an unexpired term ending December 31, 2009>~istoric Preservation mmission to fill an unexpired plus a three-year term ending March 29~011. Application must be received by 5:00 p.m., Wednesday, November 14, 2007. " The Mayor announced the curr~t vacanci : Board of Adjustment to fill a five-year term January 1, 2008 - January 1, 2013; uma ights Commission for three vacancies to fill three-year terms January 1, 2008 - Jan 1, 2011; Parks & Recreation Commission for two vacancies to fill four-year terms January 2008 - January 1, 2012; Public Art Advisory Committee for two vacancies, one (1) Art De ign Professional and one (1) ex officio, to fill three-year terms January 1, 2008 - Jan ry 1, 2 11. Applications must be received by 5:00 p.m., Wednesday, December 5,2007. The Mayor noted that the You Advisory Co ission vacancy (Age 18 to 21 on the date of filing), to fill an unexpired pi s a two-year term ding December 31,2009, will be readvertised. [Staff will not publis additional notices aft a period of six publications; but will continue to advertise vacan es with postings and on t Council agenda. However, no additional publication costs wil e incurred.] Council Member Ellio noted the sincere apologizes ex ressed by The Saloon owner, Jim Mondanaro, regarding recent ad referring to the sidewalk fe as a beer garden; and stated his disappointment at Dick Ferguson from ACT had to pi d for a fourth fire station earlier in the meeting. Mayor Pro tem iley referenced the letter from Procter & Ga Ie on the Consent Calendar and reques d staff report back on the request. Council Mem er Vanderhoef reported on her attendance at the 10 Transportation me ing in Clinton and stated she would be asking Council get more involved in some' sues in meeting with area legislators; and the fine presen tion she heard from Systems U limited, reminding everyone that Systems was a United Way nded agency, and t t they were totally funded by grants and donations. Coun I Member O'Donnell agreed with remarks made by ACT CEO and Chair Dick Ferguson nd Council Member Elliott regarding the need for a fourth fire station. C uncil Member Champion said she was disturbed by comments made earlier (Fred Stern) regarding Brookland Drive nuisance complaints. Council requested information on Complete Description October 16, 2007 Page 8 number of complaints, possible solutions, warnings versus citations, and scheduling possible review of the present ordinance. Council Member Correia raised concerns regarding the Weatherby house slated for demolition, and stated her willingness to have a special meeting if needed. Staff will report back with more information; and reminded Council and the public of the Inclusive Community event schedule for October 17 in Chauncey Swan Park. Mayor Wilburn thanked Dick Ferguson for appearing before Council and stated he was always helpful for people with budgetary suggestions, requests, or priorities to inform Council. Moved by Vanderhoef, seconded by Correia, to adjourn meeting at 9:20 p.m. The Mayor declared the motion carried unanimously, 7/0, a~ M. embers present. U MJ'---- Ross Wilburn, Mayor )J~~ ~ ~~ Marian K. Karr, City Clerk I ~ 1 -~= -u:, f~q~'t ":' ~IID'~ ..... - CITY OF I~WA CITY~ MEMORANDUM Date: October 1, 2007 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, October 1,2007,6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn UISG Rep: Volland Staff: Helling, Dilkes, Karr, Davidson, Mejia, Robinson, Rocca, Knoche, Boothroy, Morris, Fosse, Hargadine, Kopping (A complete transcription is available in the City Clerk's Office) PLANNING & ZONING ITEMS PCD Director Davidson presented information on the following items: D. AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN ACCESS EASEMENT AND PARKING AGREEMENT WITH HIERONYMUS SQUARE ASSOCIATES FOR THE DEVELOPMENT OF CERTAIN LOTS ON BLOCK 102, IOWA CITY, IOWA. F. 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. G. APPROVING THE FINAL PLAT OF JJR DAVIS FOURTH ADDITION, IOWA CITY, IOWA. (SUB05-00027) FEDERAL STP AND ENHANCEMENTS APPLICATIONS (IP2 of 9/27 Information Packet) PCD Director Davidson and City Engr. Knoche present for discussion. After discussion Council identified funding for the Lower Muscatine Avenue Reconstruction Project between Kirkwood and First Avenue as having the highest priority; Sycamore Street between Burns and the City limits as the second priority. STAFF ACTION: Present two projects identified to JCCOG as priorities, along with other projects contained in the memo in the event there was interest by a majority of JCCOG in funding. (Davidson) Council Work Session October 1, 2007 Page 2 FIRE ORGANIZATION OPTIONS/STAFF STATION #4 (IP3 of 9/27 Information Packet) Fire Chief Rocca present for discussion. Majority agreed to the need for a fourth fire station, agreed with the Fire Chief's assessment to not use paid on-call or volunteers, and supported pursing a consolidation with the Johnson County Ambulance Service. STAFF ACTION: Provide TIF revenues projections. (Helling) COLLEGE STREET STREETSCAPE PROJECT (IP4 of 9/27 Information Packet) City Engr. Knoche and City Forester Robinson presented a power point presentation of the project. Majority agreed to proceed as outlined. SAFETY ISSUES - NEAR DOWNTOWN (IP5 of 9/27 Information Packet) Police Chief Hargadine present for discussion. Council discussed items identified in the petition filed September 18: 1. Creation of a neighborhood watch 2. Increasing the resources of the Police Department 3. Educate the public on current initiatives (community forum held 9/26) 4. Evaluating current street lighting UISG Rep. Volland reported that University President Mason was considering a letter to University parents' addressing specifics, and encouraging dialog with their children. Other ideas discussed included: a. Proving updates and information utilizing the City Police Department webpage b. Starting of "Night Ride" program at the University c. Sidewalk lighting projects in near downtown d. Share the ride or walk along programs e. Porch light program STAFF ACTION: Police Chief to meet with Council Member Correia and UISG Rep. Volland regarding task force; and request input from Planning Department on sidewalk lighting. (Helling) AGENDA ITEMS 1. (Agenda item # 16 - Resolution approving... Summa Enterprises... Nile Valley Restaurant ... Economic Development Fund...) Mayor Wilburn noted a conflict of interest and left the table. Mayor Pro tem Bailey presiding, and presenting overview of the project. 2. Mayor Wilburn now convening. (Agenda item # 19 - Resolution approving, authorizing, and directing.... Agreement.... Shive-Hattery .., Eastside Recycling Center Project) Architectural Coordinator Morris present for discussion. Council Work Session October 1, 2007 Page 3 3. (Agenda item # 18 - Resolution awarding contract... Senior Center ADA Restroom Renovation Project) Architectural Coordinator Morris and Senior Center Coordinator Kopping present for discussion. Interim City Manager Helling distributed a letter from Neumann Monson Architects on the project and cost estimates. 4. (Agenda item # 9 - Ordinance amending Title 17 ...Building Code ...) In response to Council Member O'Donnell, Council Member Correia stated there was a memo from HIS Boothroy suggesting an amendment that would allow some usability requirements that were not closely related to style of the house that might be considered by Council. Council Member O'Donnell stated his preference to use incentives rather than including in the ordinance as a requirement. 5. (Agenda item # 20 - Resolution approving, authorizing, and directing... agreement... PAR Group.... search for a new City Manager) Human Relations Director Mejia present for discussion. COUNCIL TIME 1. In response to Council Member Correia, City Engr. Knoche reported that recommendations on locations utilizing the City sidewalk infill program will be included in the CIP (Capital Improvement Program) of the budget. 2. In response to Council Member O'Donnell, City Engr. stated that work on the speed humps on Kimball would be done later in the month, and acknowledged the tight area for existing sidewalk due to the limited right-of-way available. 3. Council Member Champion displayed a necklace thrown during the Homecoming Parade that advertised beer. SCHEDULE OF PENDING DISCUSSION ITEMS Council agreed to set aside November 8, 6:30 PM, for a Goal Orientation meeting of the 2007/2008 City Councils; and directed staff to pursue scheduling a meeting with area legislators for one of the following dates: 5:30 PM, Monday, November 26 (Prior to a work session) 9:00 AM, Saturday, December 1 5:30 PM, Monday, December 10 (Prior, to a work session) STAFF ACTION: Email and hard copy invitations sent to area legislators. (Karr) Meeting adjourned 9:15 PM. ,- ;O~J;L 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 - 10/2/07 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. 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 and seconded that the following items and recommendations in the Consent Calendar be received, or approved, andlor adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: 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 RJ'Z Express, 2 Escort Ln.; Class C Liquor License for Takanami, 217 Iowa Ave.; Special Class C Liquor License for Masala, 9 S. Dubuque St.; RES. 07-287, TO ISSUE CIGARETTE PERMIT to 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, Official Actions 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. 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 PubliclCentral Business Support (P1/CB-5) Zone to Central Business District (CB-10) Zone (REZ07-00008). Moved and seconded to continue public hearing indefinitely and to defer ordinance indefinitely. The Mayor declared the motion carried. 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 second 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- 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted. Moved and seconded to accept correspondence from George Sehl. The Mayor declared the motion carried. Moved and seconded to adopt RES. 07-292, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN ACCESS EASEMENT AND PARKING AGREEMENT WITH HIERONYMUS SQUARE ASSOCIATES FOR THE DEVELOPMENT OF CERTAIN LOTS ON BLOCK 102, IOWA CITY, IOWA. Moved and seconded 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, Official Actions October 2, 2007 Page 3 approximately .5 mile west of its intersection with Landon Avenue SW in Union Twp. The Mayor declared the motion carried. 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. Moved and seconded 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. Moved and seconded to adopt RES. 07-294, APPROVING THE FINAL PLAT OF JJR DAVIS FOURTH ADDITION, IOWA CITY, IOWA. 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. Moved and seconded to continue public hearings to October 16. The Mayor declared the motion carried. Moved and seconded to accept correspondence from James Ponto, Rod Sullivan, and Richard and Jacqueline Hodson, Carol Spaziani, and a power point presentation from Terry Smith. 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 second vote. The following individuals appeared: Bob Welsh, 84 Penfro Dr.; Louise Young, 320 S. Dubuque St.; and Mark Brown. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Nancy Ostrognai. The Mayor declared the motion carried. 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 Official Actions October 2, 2007 Page 4 inspection of plumbing installations and the collection of fees, and to provide penalties for violations, be given second vote. The Mayor declared the motion carried. 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 second vote. The Mayor declared the motion carried. 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 second vote. The Mayor declared the motion carried. 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 second 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 second vote. The Mayor declared the motion carried. Moved and seconded 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. 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 and seconded 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. Mayor Wilburn returned to the meeting. Moved and seconded 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 Moved and seconded 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 Moved and seconded 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. Official Actions October 2, 2007 Page 5 TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE EASTSIDE RECYCLING CENTER PROJECT. Moved and seconded 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. 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., 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 and seconded to accept correspondence from Douglas DuCharme and John McCormally. 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 11 :00 p.m. The Mayor declared the motion carried A more complete description of Council activities and disbursements is on file in the office of the City Clerk and Finance Department. slRoss Wilburn, Mayor s/Mar1cln K. t<arr, CiJ~ Cle~ ) ft(~~ ;r. 9t""4AA/ Submi d for publication -10/10107. LJ J.t- 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 PubliclCentral 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, 710, 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 DIBIA 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 Council Members present. Ross Wilburn, Mayor Marian K. Karr, City Clerk