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HomeMy WebLinkAbout2008-04-01 Council minutesSubject 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 APRIL 1, 2008 Iowa City City Council, regular meeting 7:00 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: None. Staff members present: Helling, Dilkes, Karr, Fosse, Rackis, Fowler. The Mayor presenting Outstanding Student Citizenship Awards to Helen Lemme Elementary students: Angela Chay, Joanna Eyanson, Molly Hayes, Collin Rogers. Mid American representative Terry Smith presented a check for $20,000 to the City as part of Mid American Energy for Trees Please Program. The Mayor proclaimed Willowwind Appreciation Day -April 19, 2008; and Iowa Valley Habitat for Humanity builds Iowa City Homes Week -April 13-19, 2008, Chris Swanson accepting. Moved by Champion, seconded by Correia, 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. March 3, Special Council Work Session; March 4, Regular Council Formal Official and Complete; March 11, Special Council Formal Official and Complete; March 11, Special Council Work Session; March 11, Special Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). Public Art Advisory Committee -February 7, 2008; Police Citizens Review Board -January 8, 2008; Historic Preservation Commission -January 10, 2008; Historic Preservation Commission -February 28, 2008; Parks and Recreation Commission -February 20, 2008; Airport Commission -February 14, 2008; Airport Commission -March 6, 2008; Telecommunications Commission -March 3, 2008; Human Rights Commission - February 26, 2008. Permit Motions and Resolutions as recommended by the City Clerk. New: Class B Beer Permit for P & S Restaurant Group., dba Pizza Ranch, 1610 Sycamore St. Renewal: Class C Liquor License for Little Donkeys, Inc., dba Panchero's Mexican Grill, 32 S. Clinton St.; Class C Liquor License for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St.; Outdoor Service Area for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St.; Class C Liquor License for Freshmex Iowa City, LLC, dba Panchero's Mexican Grill, 965 S. Riverside Dr.; Class C Liquor License for Iowa City Eastside Cafe, Inc., dba Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St.; Outdoor Service Area for Iowa City Eastside Cafe, Inc., dba Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St. Motions: Approve disbursements in the amount of $8,888,827.17 for the period of February 1 through February 29, 2008, as recommended by the Finance Director. Public Hearings: RES. 08-75, SETTING A PUBLIC HEARING ON APRIL 14, 2008 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2008 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID Complete Description April 1, 2008 Page 2 HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 08-76, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA FINANCE AUTHORITY, DES MOINES, IOWA FOR PROPERTY LOCATED AT 8, 16, 24, 32, 35, 27, 19, 11 CONEFLOWER COURT, 424 DOUGLASS COURT, 441 DOUGLASS COURT AND 913-913'/2 N GOVERNOR, IOWA CITY, IOWA; RES. 08-77, TO ADOPT AMENDED STANDARD OPERATING PROCEDURES AND GUIDELINES FOR THE IOWA CITY POLICE CITIZENS REVIEW BOARD BY AMENDING SECTION IV AND SECTION VI, ADDING SUBPOENA POWER AND COMMUNITY FORUMS, AND NON SUBSTANTIVE CHANGES AND FORMATTING ISSUES, AND REPEALING RESOLUTION 04-308; RES. 08-78, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MOKA JAVA LLC, AND TENANT LUSATI, INC D/B/A QUINTON'S BAR & DELI FOR A SIDEWALK CAFE; RES. 08-79, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER BILL MIHALOPOULOS, AND TENANT, ATLAS WORLD GRILL, INC D/B/A ATLAS WORLD GRILL, FOR A SIDEWALK CAFE. Correspondence: Acting Traffic Engineering Planner regarding Installation of (2) HANDICAP RESERVED PARKING signs near 1424 Broadway Street; Seashia Vang regarding City Manager candidate information [response from the Interim City Manager included]; Cliff Pirnat regarding Winter [response from the Interim City Manager included]; Laura Tuttle regarding Potholes; Doug Alberhasky regarding Alleys; John Whitaker regarding Leaf blowers [staff response included]; Chris Harms and Elizabeth Koppes regarding Wetherby Splash Pad; Anne Wallace regarding City High Champions; Marcia Jenn regarding Concerns regarding various issues. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Correia, seconded by Hayek, to set a public hearing for April 14, 2008 on an ordinance rezoning 17.97-acres of land located south of Ruppert Road from Community Commercial (CC-2) to Intensive Commercial (CI-1) (REZ08-0002) (Aviation Commerce Park). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance amending Title 3 entitled "City Finances, Taxation & Fees," Chapter 4 entitled "Schedule of Fees, Rates, Charges, Bonds, Fines & Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the City Code to increase or change residential solid waste collection fees. No one appeared. Moved by Champion, seconded by O'Donnell, that the ordinance amending Title 3 entitled "City Finances, Taxation & Fees," Chapter 4 entitled "Schedule of Fees, Rates, Charges, Bonds, Fines & Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the City Code to increase or change residential solid waste collection fees, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Complete Description April 1, 2008 Page 3 A public hearing was held on a resolution approving the Iowa City Housing Authority's Annual Plan for fiscal year 2008. Housing Administrator Steve Rackis presented a power point of the program. Individual Council Members expressed their views. Moved by Wilburn, seconded by Correia, to adopt RES. 08-80, APPROVING THE IOWA CITY HOUSING AUTHORITY'S ANNUAL PLAN FOR FISCAL YEAR 2008. 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 to adopt the amended Iowa City Housing Authority's Public Housing Admissions and Continued Occupancy Policy (ACOP). Housing Administrator Steve Rackis present for discussion. Moved by Champion, seconded by Wright, to adopt RES. 08-81, TO ADOPT THE AMENDED IOWA CITY HOUSING AUTHORITY'S PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY POLICY (ACOP). 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 to adopt the amended Iowa City Housing Authority's Housing Choice Voucher (HCV) Administrative Plan. Housing Administrator Steve Rackis present for discussion. Moved by O'Donnell, seconded by Champion, to adopt RES. 08-82, TO ADOPT THE AMENDED IOWA CITY HOUSING AUTHORITY'S HOUSING CHOICE VOUCHER (HCV) ADMINISTRATIVE PLAN. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Hayek, that the ordinance amending Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," Section 2, entitled "Begging," to prohibit soliciting for money in limited areas, at certain times, and in an aggressive manner, be given second vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn. Nays: Wright. Absent: None. Moved by O'Donnell, seconded by Hayek, that the ordinance amending Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," by adding a new section 10, entitled "Sitting and Lying on Sidewalks" to prohibit sitting and lying on public sidewalks in the downtown and in Zone 1 of City Plaza, be given second vote. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wright, seconded by Hayek, that the ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions", Subsection B, entitled "Exceptions", 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 Correia, to adopt RES. 08-83, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER THREE GUYS HOLDINGS, LLP, AND TENANT, J.J.G., L.L.C. D/B/A T- SPOONS, FOR A SIDEWALK CAFE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by O'Donnell, to adopt RES. 08-84, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER BREMER TRUST, AND TENANT, MIDWEST CREAMERY, INC. D/B/A COLD Complete Description April 1, 2008 Page 4 STONE CREAMERY, FOR A SIDEWALK CAFE. 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. 08-85, APPROVING A PROPOSED 28E AGREEMENT FOR PARATRANSIT SERVICE BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR THE PERIOD OF JULY 1, 2008, THROUGH JUNE 30, 2013, IN SUBSTANCE, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST, AN AGREEMENT INCORPORATING THE TERMS OF SAID PROPOSAL. Parking and Transit Director Fowler present for discussion. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies to Boards and Commissions: Airport Zoning Brd of Adjustment to fill an unexpired term plus afive-year term ending December 31, 2011; Airport Zoning Commission to fill asix-year term January 1, 2006 - December 31, 2011; Youth Advisory Commission to fill two vacancies for two year terms, January 1, 2008 -December 31, 2009, for two (2) persons -Age 18 to 21 on the date of filing. Applications must be received by 5:00 p.m., Wednesday, April 9, 2008. The Mayor announced the current vacancy on the Civil Service Commission to fill a four-year term April 7, 2008 -April 2, 2012. Applications must be received by 5:00 p.m., Wednesday, May 7, 2008. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Moved by Champion, seconded by Wright, to appoint Annadora Khan, 923 Dearborn Street, to the Public Art Advisory Committee to fill an unexpired term ending January 1, 2011. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent, and announced that the Civil Service appointment would be readvertised. Council Member Wilburn wished a Happy Birthday to his daughter, Alex. Council Member Hayek wished a Happy Birthday to his daughter, Greta; and noted the recent Sueppel family tragedy and thanked City staff, especially the Police Department for their professionalism and sensitivity. Mayor Bailey also acknowledged the professionalism of the Police Department over the past week concerning the Sueppel family tragedy; and congratulated them on receiving the Commission of Accreditation for Law Enforcement Agencies for the third time. Interim City Manager Helling reported on his recent visit with the Lt. Governor and other representatives from the Metropolitan Coalition regarding the collective bargaining bill. Moved by Wilburn, seconded by Hayek, to adjourn meeting at 7:50 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council embers present. c nia D. Bailey, M or P~~ Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS 3/4/08 Iowa City City Council regular meeting 7:00 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: None. The Mayor proclaimed Special Olympics Month -March 2008, University of Iowa Athletic Department Rep. Joyce Rossie and athletes Brian Slade, Chris Haas, Mason Hamann, Chris Lewis and Mickey & Hayley Musser accepting. The Mayor presented Outstanding Student Citizenship Awards to Hoover Elementary: Mark Gomez, Hannah Langenfeld, Ana Reprado and Grant Wood Elementary students: Eduardo Garcia, Dustin Gwee, Hannah Pulley. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended and to delete from Consent Calendar and consider as separate item Item 4c(11), Class E Liquor License for Hy-Vee, Food & Drugstore #1. Approval of Council Actions, subject to corrections, as recommended by the City Clerk: February 15, Special Council Formal Official and Complete; February 15, Special Council Work Session; February 18, Special Council Formal Official and Complete; February 18, Special Council Work Session; February 19, Special Council Formal Official and Complete; February 19, Special Council Work Session; February 19, 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 -January 9, 2008; Airport Commission -October 11, 2007; Airport Commission -January 10, 2008; Board of Adjustment -December 12, 2007; Housing & Community Development Commission -December 20, 2007; Human Rights Commission -January 22, 2008; Youth Advisory Commission -January 16, 2008. Permit Motions and Resolutions as recommended by the City Clerk. New: Class B Liquor License for Sheraton Iowa City, 210 S. Dubuque St.;Outdoor Service Area for Sheraton Iowa City, 210 S. Dubuque St.; Class C Liquor License for Carl & Ernie's Good Time Pub & Grub, 161 Highway 1 West; Outdoor Service Area for Carl & Ernie's Good Time Pub & Grub, 161 Highway 1 West. Renewal: Class C Liquor License for Graze, 115 E. College St.; Class C Liquor License for Bob's Your Uncle Pizza Cafe, 749 Mormon Trek Blvd.; Outdoor Service Area for Bob's Your Uncle Pizza Cafe, 749 Mormon Trek Blvd.; Class C Liquor License for Okoboji Grill, 1857 Lower Muscatine Rd. Outdoor Service Area for Okoboji Grill, 1857 Lower Muscatine Rd.; Special Class C Liquor License for Thai Flavors, 340 E. Burlington St.; RES. 08-52, TO ISSUE A DANCE PERMIT to Sheraton Iowa City, 210 S. Dubuque St. Official Actions March 4, 2008 Page 2 Public Hearings: RES. 08-53, SETTING A PUBLIC HEARING ON MARCH 11, 2008 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SENIOR CENTER BOILER AND CHILLER REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 08-54, SETTING A PUBLIC HEARING FOR MARCH 11, 2008 TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ITC MIDWEST LLC FOR LOTS 2, 3, and 4 AND OUTLOTS 2A, 3A, AND 4A OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION PART TWO AND TO CONSIDER A PROPOSAL TO CONVEY SAID PROPERTY. Resolutions: RES. 08-55, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER UNIVERSITY VIEW PARTNERS, AND TENANT DAWIT'S RESTAURANT, INC D/B/A DAVID'S PLACE, FOR A SIDEWALK CAFE; RES. 08-56, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MAUREEN MONDANARO, AND TENANT, GIVANNI'S OF IOWA CITY, D/B/A GIVANNI'S, FOR A SIDEWALK CAFE; RES. 08-57, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MAUREEN MONDANARO, AND TENANT, SALOON OF IOWA CITY, L.C. D/B/A SALOON, FOR A SIDEWALK CAFE; RES. 08-58, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER DLSIC LC, AND TENANT, MORROWCO LLC D/B/A PITA PIT, FOR A SIDEWALK CAFE; RES. 08-59, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN ET AL, AND TENANT, LINN STREET CAFE INC D/B/A LINN STREET CAFE, FOR A SIDEWALK CAFE. Correspondence: Acting JCCOG Traffic Engineering Planner regarding Designation of No Parking-Tow Away Zone on one side each on Weeber Street, Wylde Green Road, and Talwrn Court ;Joseph Jason regarding Mental Health Care Issue; Bryan Ringen regarding Traffic on Dubuque Street; Snow Removal letters from Tom and Mary Cilek [staff response included], Michael Holladay, LuAnne Lefler [staff response included], Cliff Pirnat, Matthew Theobald; City Manager Search letters from Phyllis Lane, Nancy Ostrognai, Len McClellan: Use of the Old Bus Depot. Ernie Lehman, 902 Wylde Green Rd., appeared encouraging a year round parking prohibition for Item f(1 ). The Mayor declared the motion carried. Moved and seconded to approve Class E Liquor License for Hy-Vee Food & Drugstore #1 & Regal Liquor, 1720 Waterfront Dr. [memorandum from the Police Chief included in Official Actions March 4, 2008 Page 3 council packet]. Police Chief Hargadine present for discussion. The Mayor declared the motion carried. Melvin Dvorsky, 320 E. Washington Street, appeared regarding snow removal. Birgit Wilhelm, introduced herself as the Connor Center Executive Director, and requested City review heights and other issues relating to parking meters for persons with disabilities. Staff will report back. Marybeth Slonneger, 1109 Davenport Street, thanked City staff and the community for their efforts to assist her in the moving of the Wetherby house and provided pictures of the move earlier in the day; and suggested other uses for the house in the future. Moved and seconded to accept correspondence. The Mayor declared the motion carried. A public hearing was held on a resolution amending the Comprehensive Plan to include the updated Historic Preservation Plan. The following individuals appeared: Historic Preservation Chair Tim Weitzel; Helen Burford, 528 E. College Street; and Birgit Wilhelm, hotelVetro. Moved and seconded to accept correspondence from Tim Weitzel. The Mayor declared the motion carried. Moved and seconded to adopt RES. 08-60, AMENDING THE COMPREHENSIVE PLAN TO INCLUDE THE UPDATED HISTORIC PRESERVATION PLAN. Moved and seconded that ORD. 08-4298, CONDITIONALLY REZONING APPROXIMATELY 4.40 ACRES OF LAND AT 2815 ROHRET ROAD FROM LOW-DENSITY SINGLE FAMILY RESIDENTIAL (RS-5) TO COMMERCIAL OFFICE (CO-1) (REZ07-00016), be passed and adopted. Moved and seconded to adopt RES. 08-61, ESTABLISHING FIRE DEPARTMENT FEES AND RESCINDING RESOLUTION NOS. 85-350, 98-309, AND 08-31. Moved and seconded to adopt RES. 08-62, ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2009. Moved and seconded to adopt RES. 08-63, APPROVING THE THREE YEAR FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, AND THE FIVE YEAR CAPITAL IMPROVEMENTS PROGRAM EXCLUDING HUMAN SERVICES AID TO AGENCIES. Council Member Correia abstained on the following item due to a conflict of interest. Moved and seconded by Wright, to adopt RES. 08-64, APPROVING AND ALLOCATING THE HUMAN SERVICES AID TO AGENCIES BUDGET WITHIN THE THREE YEAR FINANCIAL PLAN AND CAPITAL IMPROVEMENT PROGRAM. The Mayor noted the previous announced vacancies to Boards and Commissions: Airport Commission to fill a six year term March 1, 2008 -March 1, 2014; Airport Zoning Brd of Adjustment to fill an unexpired term plus afive-year term ending December 31, 2011; Airport Zoning Commission to fill asix-year term January 1, 2006 -December 31, 2011; Board of Adjustment to fill afive-year term January 1, 2008 -January 1, 2013; Civil Service Commission to fill afour-year term April 7, 2008 -April 2, 2012; Planning & Zoning Commission for two vacancies to fill five-year terms May 1, 2008 -May 1, 2013; Senior Center Commission 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 and Two (2) persons -Age 18 to 21 on the date of filing. Applications must be received by 5:00 p.m., Wednesday, March 5, 2008. Public Art Advisory Committee to fill an unexpired term ending January 1, 2011. Applications must be received by 5:00 p.m., Wednesday, March 26, 2008. [Staff will not publish additional notices after a period of six Official Actions March 4, 2008 Page 4 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 8:05 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A more complete description of Council Activities is on file in the office of the City Clerk. s/Regenia D. Bailey, Mayor s/Marian K..Karr, City C J k~ ~ ~J 7t Sub~it ~d for publication - 3/13/08. 5a 3 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 - 3/11/08 Iowa City City Council special meeting 5:30 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: None. Moved and seconded to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried and adjourned into executive session. Moved and seconded to adjourn special meeting 5:40 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/Regenia D. Bailey, Mayor s/M~r~a~ ,City CI~~ Subbmi~ed for publication - 3/13/08. 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 - 3/11/08 Iowa City City Council special meeting 7:00 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: None. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: March 1, Special Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Public Library -January 17, 2008; Telecommunications Commission -January 28, 2008. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for B.P.O. Elks #590, 637 Foster Road; Class C Liquor License for First Avenue Club, 1550 First Avenue; Class B Beer Permit for La Reyna, 1937 Keokuk Street; Special Class C Liquor License for Thai Spice Restaurant, 1210 S. Gilbert St.; RES. 08-65, TO ISSUE A DANCE Permit to First Avenue Club, 1550 First Avenue. Public Hearings: RES. 08-66, SETTING A PUBLIC HEARING FOR APRIL 1, 2008 ON AN ORDINANCE AMENDING TITLE 3 ENTITLED CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES & PENALTIES," ARTICLE 5, ENTITLED, "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE RESIDENTIAL SOLID WASTE COLLECTION FEES; RES. 08-67, SETTING A PUBLIC HEARING FOR APRIL 1, 2008 TO ADOPT THE IOWA CITY HOUSING AUTHORITY PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY POLICY (ACOP); RES. 08-68, SETTING A PUBLIC HEARING FOR APRIL 1, 2008 TO ADOPT THE IOWA CITY HOUSING AUTHORITY HOUSING CHOICE VOUCHER (HCV) ADMINISTRATIVE PLAN; MOTION SETTING A PUBLIC HEARING FOR THE APRIL 14, 2008 COUNCIL MEETING ON THE IOWA DEPARTMENT OF TRANSPORTATION CONSOLIDATED FUNDING APPLICATION FOR IOWA CITY TRANSIT. Correspondence: Garry Klein regarding Daily Iowan-Bigotry hits students' door; Snow Removal letters from Morgan Jones, Karen Kubby; Shelia Williams-Gerstner regarding Child care transportation; Craig Gustaveson regarding City Manager Candidate Search; Drs. Rick and Tamara Nelson regarding Galway Hills Day Care Center [staff response included]; John McVey regarding Traffic enforcement [staff response included]; Adnan Mahmutagic regarding After Hours Club. The Mayor declared the motion carried. Official Actions March 11, 2008 Page 2 Abbie Volland, UISG City Council Liaison, thanked Council for the opportunity to participate in the City Manager search, and stated she would be stepping down from involvement in the next process because her term ends May 1. Airport Commission Member Randy Hartwig, 1325 Ashley Drive, appeared and stated the importance of communication to both the Council and the Commission. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the senior center boiler and chiller replacement 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. 08-69, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SENIOR CENTER BOILER AND CHILLER REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. A public hearing was held on a resolution approving a purchase agreement between the City of Iowa City and ITC Midwest LLC for lots 2, 3, and 4 and Outlots 2a, 3a, and 4a of the North Airport Development Subdivision Part Two and authorizing conveyance in accordance therewith. Moved and seconded to adopt RES. 08-70, APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ITC MIDWEST LLC FOR LOTS 2, 3, AND 4 AND OUTLOTS 2A, 3A, AND 4A OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION PART TWO AND AUTHORIZING CONVEYANCE IN ACCORDANCE THEREWITH. ITC Representative Randy Book appeared. Moved and seconded that the ordinance amending Title 8, entitled "Police Regulations, "Chapter 5, entitled "Miscellaneous Offenses," Section 2, entitled "Begging," to prohibit soliciting for money in limited areas, at certain times, and in an aggressive manner, be given first vote. The following individuals appeared: Christine Drum, Outreach Worker; Craig Gustaveson, President of the (DTA) Downtown Association; Travis Hiltrop, University of Iowa Dance Marathon; Len McClellan; Crissy Canganelli, Shelter House and Local Homeless Coordinating Board; and UISG Rep. Abbie Volland. Moved and seconded to delete Section 1, B.7, removing the time restriction. The Mayor declared the motion carried. Moved and seconded to amend Section 1, B, to read "In the downtown, it is illegal: 1. to solicit in an aggressive manner; 2. to solicit within 10 feet ...etc" and to amend B.3 to read "... solicit within 10 feet of an entrance to or exit from any building. "The Mayor declared the motion carried. The Mayor declared the motion on first consideration as amended carried. Moved and seconded to accept correspondence from Jay & Mary Honeck, Denise Kinnison, Len McClellan. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," by adding a new Section 10, entitled "Sitting and Lying on Sidewalks" to prohibit sitting and lying on public sidewalks in the downtown and in Zone 1 of City Plaza, be given first vote. Craig Gustaveson, President of the (DTA) Downtown Association appeared. Moved and seconded to amend the ordinance to include planters in the allowable seating. The Mayor declared the motion carried. Affirmative roll call vote unanimous on first reading of the ordinance as amended. The Mayor Official Actions March 11, 2008 Page 3 declared the motion carried. Moved and seconded to accept correspondence from Jay & Mary Honeck, Denise Kinnison, Len McClellan. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions", Subsection B, entitled "Exceptions", be given first vote. The Mayor declared the motion carried. Moved and seconded to adopt RES. 08-71, SUPPORTING THE SAND LAKE RECREATION AREA PROJECT AND AUTHORIZING THE MAYOR TO SIGN A GRANT APPLICATION TO BE SUBMITTED TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT. Moved and seconded to adopt RES. 08-72, AUTHORIZING THE FILING OF AN APPLICATION WITH IOWA HOMELAND SECURITY AND EMERGENCY MANAGEMENT FOR FUNDING FROM THE HAZARD MITIGATION GRANT PROGRAM FOR THE DEVELOPMENT OF THE CITY OF IOWA CITY LOCAL HAZARD MITIGATION PLAN. Moved and seconded to adopt RES. 08-73, APPROVING A PURCHASE AGREEMENT AND LEASE AGREEMENT FOR THE FORMER ST. PATRICK CATHOLIC CHURCH PARISH HALL AND PARKING LOT, LOCATED AT 435 SOUTH LINN STREET, IOWA CITY, JOHNSON COUNTY, IOWA. Moved and seconded to adopt RES. 08-74, APPROVING SETTLEMENT OF PENDING LITIGATION. The Mayor noted the previously announced vacancy on the Public Art Advisory Committee to fill an unexpired term ending January 1, 2011; Applications must be received by 5:00 p.m., Wednesday, March 26, 2008. Moved and seconded to make the following appointments to Boards and Commissions: reappoint Howard Horan, 123 Cayman Street, to the Airport Commission to fill a six year term March 1, 2008 -March 1, 2014; appoint Caroline Sheerin, 807 Dearborn Street to the Board of Adjustment to fill afive-year term January 1, 2008 -January 1, 2013; reappoint Ann Freerks and appoint Tim Weitzel, 523 Grant Street to the Planning & Zoning Commission for two vacancies to fill five-year terms May 1, 2008 -May 1, 2013; appoint Michael Lensing to the Senior Center Commission to fill three-year terms January 1, 2008 - December 31, 2010. The Mayor declared the motion carried. Moved and seconded to defer to April 1 an appointment to the Civil Service Commission for afour-year term April 7, 2008 -April 2, 2012. The Mayor declared the motion carried. The Mayor noted the following vacancies would be readvertised: Airport Zoning Brd of Adjustment to fill an unexpired term plus afive-year term ending December 31, 2011; Airport Zoning Commission to fill a six-year term January 1, 2006 -December 31, 2011; Youth Advisory Commission for two vacancies to fill two year terms January 1, 2008 -December 31, 2009, Two (2) persons -Age 18 to 21 on the date of filing. [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 8:10 p.m. The Mayor declared the motion carried. Official Actions March 11, 2008 Page 4 A more complete description of Council Activitie is on file in the office of the City Clerk. G s/Regenia D. Bailey, Mayor s/Marian K. Karr, City Cle~~~ Submitted for publication - 3/19/08. l ~~~_,:,®~~ CITY CAF [t~WA CITY 5a1 ~~ ~~ ~ ~ IAA ~ D U ~ E CJ -~.~.._ Date: March 5, 2008 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, March 3, 2008, 6:40 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright UISG Rep: Volland Staff: Helling, Dilkes, Karr, Davidson. Yapp (A complete transcription is available in the City Clerk's Office) CONSENT CALENDAR ADDITION City Clerk Karr requested the addition of item 4d(2), setting a public hearing for March 11 on a purchase agreement for North Airport Development Subdivision Part 2. City Atty. Dilkes noted a memo distributed that evening. Majority agreed to add the item. STAFF ACTION: Post the addition. (Karr) FOOTBALL WEEKEND PARKING PROHIBITION (IP3 of 2/28 Info Packet) JCCOG Transportation Planner Yapp present for discussion, and reported that a request has been received to expand the prohibition to year round and a neighborhood survey would be conducted; and stated the University of Iowa Athletic Department has been notified to alert their ticket holders. Council requested that the University Alumni Association also be notified. STAFF ACTION: Proceed as directed and report back. (Yapp) AGENDA ITEMS 1. (Agenda item # 6 -Public hearing .... Resolution .... Updated Historic Preservation Plan) PCD Dir. Davidson present for discussion. Council requested that staff highlight flexibility improvements and communication strategies included in the Plan as part of the Public Hearing. 2. (Consent Calendar item # 4c(11) -renewal .... liquor license for Hy-Vee Food & Drug Store # 1 and Regal Liquor) Mayor Bailey stated she has asked the Police Chief Hargadine to talk about his recommendation at the formal meeting. Council Work Session March 3, 2008 Page 2 3. (Consent Calendar # 4d(1) - Senior Center Boiler and Chiller Replacement Project ...) City Clerk Karr stated the comment has been revised to increase the cost estimate of $725,000 and includes an update of all HVAC controls. 4. (Consent Calendar $ 4f(3) -Bryan Ringen ... traffic on Dubuque Street) JCCOG Planner Yapp stated the JCCOG spring work program was going to look at the Dubuque Street corridor including a dedicated left turn lane on Jefferson and the pros and cons of a left turn lane at both Jefferson and Dubuque. Mayor Bailey and Council Member Wright reiterated that the neighborhood was not interested in a left turn lane at Church. 5. (Consent Calendar item # 4f(4) -snow removal ... Tom & Mary Cilek) Council Member Hayek noted the letter and response. COUNCIL TIME 1. Council Member Champion noted the dangerous sidewalks on Iowa Avenue between Linn and Dubuque. SCHEDULE OF PENDING DISCUSSION ITEMS 1. Council agreed to schedule a special work session for April 30 to discuss snow removal. 2. Council agreed to add "Legislative Update" to the March 11 work session. UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS 1. Mayor Bailey noted an email invitation for a Corridor Welcome Reception at the hotelVetro on Monday, March 24 at 5:30 PM for Rebecca Ryan author of "Live First, Work Second"; and stated she would put the information in the next packet. 2. Mayor Bailey stated the Summer of the Arts Press Conference is scheduled for Thursday at 3:00 PM at the hotelVetro. Council Member Wright and Champion will attend. 3. Council Member Correia noted the University boathouse ground breaking on March 12 at the Levitt Center. 4. Council Member Correia reminded Council of the United Way Celebration of Community on March 26 at 4:00 PM at the Levitt Center. Council Work Session March 3, 2008 Page 3 DISCUSSION OF MEETING SCHEDULE Council agreed to the following schedule: March 11 -Combined special work session (5:30PM) and special formal March 31, April 1 -Regular work session and formal April 14 -Combined work session (5:30PM) and special formal April 28, 29 -Special work session and special formal April 30 -Special Work Session (6:30 PM) Snow Removal Discussion May 5, 6 -Rescheduled May 12, 13 -Special work session and special formal May 19, 20 -Cancelled May 26 -Holiday, offices closed June 2, 3- Regular work session and formal June 16, 17- Regular work session and formal June 30, July 1 -Cancelled July 14, 15 -Regular work session and formal August 4, 5 -Rescheduled August 11 -Combined special work session (5:30PM) and special formal August 18, 19 -Rescheduled August 25, 26 -Special work session and special formal September 1 -Holiday, offices closed September 1, 2 -Rescheduled September 8, 9 -Special work session and special formal September 15, 16 -Rescheduled September 22, 23 -Special work session and special formal Meeting adjourned 7:10 PM. ~~,,•~-~®~r~, CITY OF [OWA CITY 5a4 ,.~ir~r" ~ 1 V l ~ E~~ Date: March 11, 2008 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, March 11, 2008, 5:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright UISG Rep.: Volland Staff: Helling, Dilkes, Karr, Morris, Trueblood, Davidson, Long, Hightshoe, Severson, Kopping (A complete transcription is available in the City Clerk's Office) COUNCIL APPOINTMENTS Airport Commission -reappoint Howard Horan Airport Zoning Brd of Adjustment - no applicants, readvertise Airport Zoning Commission - no applicants, readvertise Board of Adjustment - Caroline Sheerin Civil Service Commission - Defer to April 1 meeting Planning & Zoning Commission -reappoint Ann Freerks and appoint Tim Weitzel Senior Center Commission -Michael Lensing Youth Advisory Commission - no applicants, readvertise AGENDA ITEMS 1. (Consent Calendar # 2d(2) and # 2d(3) ... setting public hearings for April 1 .... Iowa City Public Housing Admissions and Continued Occupancy Policy (ACOP) and Choice Voucher Administrative Plan (HCV) ...) Council Member Correia asked that staff prepare a formal presentation for the April 1 formal meeting. 2. (Agenda item # 4 -Resolution approving plans .... Senior Center Boiler and Chiller Replacement Project ...)Energy Coordinator Morris present for discussion, and outlined the increase in the estimated cost for the project. SOLICITATION DOWNTOWN ORDINANCE (Agenda items # 6 and # 7) City Atty. Dilkes answered questions regarding the proposed ordinances. Concerns were expressed regarding time restrictions and alternatives to giving money to panhandlers. STAFF ACTION: Proceed with considerations and possible amendments from the floor. Schedule work session for discussion of alternatives. (Dilkes and Helling) Council Work Session March 11, 2008 Page 2 SAND LAKE CAT GRANT APPLICATION (Agenda item # 9) Parks & Recreation Dir. Trueblood presented information. Majority agreed to proceed. THE HOUSING FELLOWSHIP FY08 HOME PROJECT -SITE LOCATION REVIEW (IP2 of 3/6 Info Packet) Associate Planner Hightshoe and Community Development Coordinator Long presented a power presentation (on file). After discussion a majority agreed to move ahead with the site location with no contingencies; and no uncommitted funds will be allocated. STAFF ACTION: An application was submitted and will go before HCDC for FY09 funding. (Hightshoe) REVIEW OF SHELTER HOUSE DECISION City Atty. Dilkes distributed a memo regarding the Iowa Supreme Court decision in the Shelter House Appeal, and answered questions regarding the appeal process. LEGISLATIVE UPDATE Council Member Wilburn updated Council on lobbying issues and Metropolitan Coalition involvement. Interim City Manager stated Recycling Coordinator Jordan has prepared a draft op-ed piece for the newspaper about the recycling bill and wanted to schedule for City Council discussion prior to release. Majority agreed to schedule for the next work session. COUNCIL TIME None at this time. SCHEDULE OF PENDING DISCUSSION ITEMS None at this time. UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS None at this time. Council Work Session March 11, 2008 Page 3 DISCUSSION OF MEETING SCHEDULE FOR CITY MANAGER SEARCH The majority agreed to the following changes in the schedule: o Cancel meeting of March 13 o Thursday, April 10 - 7PM Select candidates to interview o Thursday, April 24 - 4:30 PM Interviews o Friday, April 25 -Continue interviews if necessary o Friday, April 25 -Meet and Greet at the Public Library (time to be determined) o Monday, April 28 - 5:30PM Narrow candidates for second interviews o Friday, May 2 - 2:30-8:30 PM Second interviews and deliberation o Sunday, May 4 - 2:00-5:00 PM Continued second interviews and deliberation if needed STAFF ACTION: Prepare confirmation memo for distribution. (Karr) Meeting adjourned 6:50 PM. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MARCH 4, 2008 Iowa City City Council regular meeting 7:00 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: None. Staff members present: Helling, Dilkes, Karr, Miklo, Hargadine, O'Malley. The Mayor proclaimed Special Olympics Month -March 2008, University of Iowa Athletic Department Rep. Joyce Rossie and athletes Brian Slade, Chris Haas, Mason Hamann, Chris Lewis and Mickey & Hayley Musser accepting. The Mayor presented Outstanding Student Citizenship Awards to Hoover Elementary: Mark Gomez, Hannah Langenfeld, Ana Reprado and Grant Wood Elementary students: Eduardo Garcia, Dustin Gwee, Hannah Pulley. Moved by Champion, seconded by Correia, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended and to delete from Consent Calendar and consider as separate item Item 4c(11), Class E Liquor License for Hy-Vee, Food & Drugstore #1. Approval of Council Actions, subject to corrections, as recommended by the City Clerk: February 15, Special Council Formal Official and Complete; February 15, Special Council Work Session; February 18, Special Council Formal Official and Complete; February 18, Special Council Work Session; February 19, Special Council Formal Official and Complete; February 19, Special Council Work Session; February 19, 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 -January 9, 2008; Airport Commission -October 11, 2007; Airport Commission -January 10, 2008; Board of Adjustment -December 12, 2007; Housing & Community Development Commission -December 20, 2007; Human Rights Commission -January 22, 2008; Youth Advisory Commission -January 16, 2008. Permit Motions and Resolutions as recommended by the City Clerk. New: Class B Liquor License for RBD Iowa City, LLC, dba Sheraton Iowa City, 210 S. Dubuque St.;Outdoor Service Area for RBD Iowa City, LLC, dba Sheraton Iowa City, 210 S. Dubuque St.; Class C Liquor License for Carl & Ernie Enterprises, LLC, dba Carl & Ernie's Good Time Pub & Grub, 161 Highway 1 West; Outdoor Service Area for Carl & Ernie Enterprises, LLC, dba Carl & Ernie's Good Time Pub & Grub, 161 Highway 1 West. Renewal: Class C Liquor License for Graze Iowa City, LLC, dba Graze, 115 E. College St.; Class C Liquor License for Iowa City Westside Cafe, Inc., dba Bob's Your Uncle Pizza Cafe, 749 Mormon Trek Blvd.; Outdoor Service Area for Iowa City Westside Cafe, Inc., dba Bob's Your Uncle Pizza Cafe, 749 Mormon Trek Blvd.; Class C Liquor License for Okoboji IC, LLC, dba Okoboji Grill, 1857 Lower Muscatine Rd. Outdoor Service Area for Okoboji IC, LLC, dba Okoboji Grill, 1857 Lower Muscatine Rd.; Special Class C Liquor License for W & M, LLC, dba Thai March 4, 2008 Complete Description Page 2 Flavors, 340 E. Burlington St.; RES. 08-52, TO ISSUE A DANCE PERMIT to RBD Iowa City, LLC, dba Sheraton Iowa City, 210 S. Dubuque St. Public Hearings: RES. 08-53, SETTING A PUBLIC HEARING ON MARCH 11, 2008 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SENIOR CENTER BOILER AND CHILLER REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 08-54, SETTING A PUBLIC HEARING FOR MARCH 11, 2008 TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ITC MIDWEST LLC FOR LOTS 2, 3, and 4 AND OUTLOTS 2A, 3A, AND 4A OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION PART TWO AND TO CONSIDER A PROPOSAL TO CONVEY SAID PROPERTY. Resolutions: RES. 08-55, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER UNIVERSITY VIEW PARTNERS, AND TENANT DAWIT'S RESTAURANT, INC D/B/A DAVID'S PLACE, FOR A SIDEWALK CAFE; RES. 08-56, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MAUREEN MONDANARO, AND TENANT, GIVANNI'S OF IOWA CITY, D/B/A GIVANNI'S, FOR A SIDEWALK CAFE; RES. 08-57, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MAUREEN MONDANARO, AND TENANT, SALOON OF IOWA CITY, L.C. D/B/A SALOON, FOR A SIDEWALK CAFE; RES. 08-58, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER DLSIC LC, AND TENANT, MORROWCO LLC D/B/A PITA PIT, FOR A SIDEWALK CAFE; RES. 08-59, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN ET AL, AND TENANT, LINN STREET CAFE INC D/B/A LINN STREET CAFE, FOR A SIDEWALK CAFE. Correspondence: Acting JCCOG Traffic Engineering Planner regarding Designation of No Parking-Tow Away Zone on one side each on Weeber Street, Wylde Green Road, and Talwrn Court ;Joseph Jason regarding Mental Health Care Issue; Bryan Ringen regarding Traffic on Dubuque Street; Snow Removal letters from Tom and Mary Cilek [staff response included], Michael Holladay, LuAnne Lefler [staff response included], Cliff Pirnat, Matthew Theobald; City Manager Search letters from Phyllis Lane, Nancy Ostrognai, Len McClellan: Use of the Old Bus Depot. March 4, 2008 Complete Description Page 3 Ernie Lehman, 902 Wylde Green Rd., appeared encouraging a year round parking prohibition for item f(1). Staff will report back. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion to adopt the Consent Calendar carried. Moved by Champion, seconded by O'Donnell, to approve Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Food & Drugstore #1 & Regal Liquor, 1720 Waterfront Dr. [memorandum from the Police Chief included in council packet]. Police Chief Hargadine present for discussion. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Melvin Dvorsky, 320 E. Washington Street, appeared regarding snow removal. Birgit Wilhelm, introduced herself as the Connor Center Executive Director, and requested City review heights and other issues relating to parking meters for persons with disabilities. Staff will report back. Marybeth Slonneger, 1109 Davenport Street, thanked City staff and the community for their efforts to assist her in the moving of the Wetherby house and provided pictures of the move earlier in the day; and suggested other uses for the house in the future. Moved by Wilburn, seconded by Hayek, to accept correspondence. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution amending the Comprehensive Plan to include the updated Historic Preservation Plan. Sr. Planner Miklo present for discussion. The following individuals appeared: Historic Preservation Chair Tim Weitzel; Helen Burford, 528 E. College Street; and Birgit Wilhelm, hotelVetro. Moved by Correia, seconded by Hayek, to accept correspondence from Tim Weitzel. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 08-60, AMENDING THE COMPREHENSIVE PLAN TO INCLUDE THE UPDATED HISTORIC PRESERVATION PLAN. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Wright, that ORD. 08-4298, CONDITIONALLY REZONING APPROXIMATELY 4.40 ACRES OF LAND AT 2815 ROHRET ROAD FROM LOW-DENSITY SINGLE FAMILY RESIDENTIAL (RS-5) TO COMMERCIAL OFFICE (CO-1) (REZ07-00016), be passed and adopted. The Mayor requested that Council Members disclose any ex parte communications, and none were disclosed. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by Correia, to adopt RES. 08-61, ESTABLISHING FIRE DEPARTMENT FEES AND RESCINDING RESOLUTION NOS. 85-350, 98-309, AND 08-31. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Hayek, to adopt RES. 08-62, ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2009. Moved by Correia, seconded by Wright, to amend the budget by reducing the Airport General Fund allotment from $130,000 to $112,000. Individual Council Members expressed their views. After discussion, the Mayor declared the motion defeated, 3/4, with the following voice vote: Ayes: Bailey, Correia, Wright. Nays: Champion, Hayek, O'Donnell, Wilburn. Absent: None. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. March 4, 2008 Complete Description Page 4 Moved by Champion, seconded by O'Donnell, to adopt RES. 08-63, APPROVING THE THREE YEAR FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, AND THE FIVE YEAR CAPITAL IMPROVEMENTS PROGRAM EXCLUDING HUMAN SERVICES AID TO AGENCIES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Council Member Correia abstained on the following item due to a conflict of interest. Moved by Champion, seconded by Wright, to adopt RES. 08-64, APPROVING AND ALLOCATING THE HUMAN SERVICES AID TO AGENCIES BUDGET WITHIN THE THREE YEAR FINANCIAL PLAN AND CAPITAL IMPROVEMENT PROGRAM. Affirmative roll call vote unanimous, 6/0, Correia abstaining. The Mayor declared the resolution adopted. The Mayor noted the previous announced vacancies to Boards and Commissions: Airport Commission to fill a six year term March 1, 2008 -March 1, 2014; Airport Zoning Brd of Adjustment to fill an unexpired term plus afive-year term ending December 31, 2011; Airport Zoning Commission to fill asix-year term January 1, 2006 -December 31, 2011; Board of Adjustment to fill a five-year term January 1, 2008 -January 1, 2013; Civil Service Commission to fill afour-year term April 7, 2008 -April 2, 2012; Planning & Zoning Commission for two vacancies to fill five-year terms May 1, 2008 -May 1, 2013; Senior Center Commission 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 and Two (2) persons -Age 18 to 21 on the date of filing. Applications must be received by 5:00 p.m., Wednesday, March 5, 2008. Public Art Advisory Committee to fill an unexpired term ending January 1, 2011. Applications must be received by 5:00 p.m., Wednesday, March 26, 2008. [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.] Leonard McClellan, Vets Helping Vets, appeared re their letter on the consent calendar requesting use of the old bus depot. Interim City Manager Helling will follow up, and place the item on a future work session. Council Member Wright highlighted the work in relocating the Wetherby Cottage and the leadership of Marybeth Slonneger. Council Member Correia congratulated the City High Girls basketball team for winning the State tournament, and the great crowd that followed the team to Des Moines and welcomed them back on Sunday. Mayor Pro tem O'Donnell noted that City High had been beaten only three times during the season, and they beat all three of those teams on the way to the State Championship. Mayor Bailey echoed congratulations to the City High Girls basketball team; recognized University Women's basketball coach Lisa Bluder on being names Coach of the year; and thanked City crews for working the previous weekend to remove ice and snow form city streets. Moved by Wilburn, seconded by Hayek, to adjourn meeting at 8:05 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Regenia D. Bailey, Mayor March 4, 2008 Complete Description Page 5 Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MARCH 11, 2008 Iowa City City Council special meeting 5:30 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: None. Staff members present: Helling, Dilkes, Karr. Moved by Hayek, seconded by Correia, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 5:31 p.m. Council returned to open session 5:39 p.m. Moved by Wright, seconded by Champion, to adjourn special meeting 5:40 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Regenia D. Bailey, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MARCH 1 1, 2008 Iowa City City Council special meeting 7:00 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: None. Staff members present: Helling, Dilkes, Karr, Davidson, Ford, Knoche, Severson, Trueblood. Moved by Champion, seconded by Wright, 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: March 1, Special Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Public Library -January 17, 2008; Telecommunications Commission -January 28, 2008. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Iowa City Lodge #590 B.P.O. of U.S.A. dba B.P.O. Elks #590, 637 Foster Road; Class C Liquor License for First Avenue Club, Inc., dba First Avenue Club, 1550 First Avenue; Class B Beer Permit for La Reyna, Inc., dba La Reyna, 1937 Keokuk Street; Special Class C Liquor License for Chansy Keomanivong dba Thai Spice Restaurant, 1210 S. Gilbert St.; RES. 08-65, TO ISSUE A DANCE Permit to First Avenue Club, Inc., dba First Avenue Club, 1550 First Avenue. Public Hearings: RES. 08-66, SETTING A PUBLIC HEARING FOR APRIL 1, 2008 ON AN ORDINANCE AMENDING TITLE 3 ENTITLED CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES & PENALTIES," ARTICLE 5, ENTITLED, "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE RESIDENTIAL SOLID WASTE COLLECTION FEES; RES. 08-67, SETTING A PUBLIC HEARING FOR APRIL 1, 2008 TO ADOPT THE IOWA CITY HOUSING AUTHORITY PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY POLICY (ACOP); RES. 08-68, SETTING A PUBLIC HEARING FOR APRIL 1, 2008 TO ADOPT THE IOWA CITY HOUSING AUTHORITY HOUSING CHOICE VOUCHER (HCV) ADMINISTRATIVE PLAN; MOTION SETTING A PUBLIC HEARING FOR THE APRIL 14, 2008 COUNCIL MEETING ON THE IOWA DEPARTMENT OF TRANSPORTATION CONSOLIDATED FUNDING APPLICATION FOR IOWA CITY TRANSIT. Correspondence: Garry Klein regarding Daily Iowan-Bigotry hits students' door; Snow Removal letters from Morgan Jones, Karen Kubby; Shelia Williams-Gerstner regarding Child care transportation; Craig Gustaveson regarding City Manager Candidate Search; Drs. Rick and Tamara Nelson regarding Galway Hills Day Care Center [staff response included]; John McVey regarding Traffic enforcement [staff response included]; Adnan Mahmutagic regarding After Hours Club. Complete Description March 11, 2008 Page 2 Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Abbie Volland, UISG City Council Liaison, thanked Council for the opportunity to participate in the City Manager search, and stated she would be stepping down from involvement in the next process because her term ends May 1. Airport Commission Member Randy Hartwig, 1325 Ashley Drive, appeared and stated the importance of communication to both the Council and the Commission. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the senior center boiler and chiller replacement project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by Champion, seconded by O'Donnell, to adopt RES. 08-69, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SENIOR CENTER BOILER AND CHILLER REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving a purchase agreement between the City of Iowa City and ITC Midwest LLC for lots 2, 3, and 4 and Outlots 2a, 3a, and 4a of the North Airport Development Subdivision Part Two and authorizing conveyance in accordance therewith. No one appeared. Moved by O'Donnell, seconded by Champion, to adopt RES. 08-70, APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ITC MIDWEST LLC FOR LOTS 2, 3, AND 4 AND OUTLOTS 2A, 3A, AND 4A OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION PART TWO AND AUTHORIZING CONVEYANCE IN ACCORDANCE THEREWITH. Economic Development Coordinator Ford present for discussion. ITC Representative Randy Book appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Champion, that the ordinance amending Title 8, entitled "Police Regulations, "Chapter 5, entitled "Miscellaneous Offenses," Section 2, entitled "Begging," to prohibit soliciting for money in limited areas, at certain times, and in an aggressive manner, be given first vote. The following individuals appeared: Christine Drum, Outreach Worker; Craig Gustaveson, President of the (DTA) Downtown Association; Travis Hiltrop, University of Iowa Dance Marathon; Len McClellan; Crissy Canganelli, Shelter House and Local Homeless Coordinating Board; and UISG Rep. Abbie Volland. Individual Council Members expressed their views. Moved by Correia, seconded by Wright, to delete Section 1, B.7, removing the time restriction. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Wilburn, to amend Section 1, B, to read "In the downtown, it is illegal: 1. to solicit in an aggressive manner; 2. to solicit within 10 feet ...etc" and to amend B.3 to read "... solicit within 10 feet of an entrance to or exit from any building. "The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor declared the motion on first consideration as amended carried, 6/1, with the following division of roll call vote: Ayes: Complete Description March 11, 2008 Page 3 O'Donnell, Wilburn, Bailey, Champion, Correia, Hayek. Nays: Wright. Absent: None. Moved by Wilburn, seconded by Champion, to accept correspondence from Jay & Mary Honeck, Denise Kinnison, Len McClellan. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, that the ordinance amending Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," by adding a new Section 10, entitled "Sitting and Lying on Sidewalks" to prohibit sitting and lying on public sidewalks in the downtown and in Zone 1 of City Plaza, be given first vote. Individual Council Members expressed their views. Craig Gustaveson, President of the (DTA) Downtown Association appeared. Moved by Correia, seconded by Wright, to amend the ordinance to include planters in the allowable seating. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Affirmative roll call vote unanimous on first reading of the ordinance as amended, 7/0, all Council Members present. JCCOG Human Services Coordinator Severson present for discussion. The Mayor declared the motion carried. Moved by Correia, seconded by Wright to accept correspondence from Jay & Mary Honeck, Denise Kinnison, Len McClellan. The Mayor declared the motion carried unanimously, 7/0, all Council members present. Moved by Champion, seconded by Wright, that the ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions", Subsection B, entitled "Exceptions", be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by Correia, to adopt RES. 08-71, SUPPORTING THE SAND LAKE RECREATION AREA PROJECT AND AUTHORIZING THE MAYOR TO SIGN A GRANT APPLICATION TO BE SUBMITTED TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT. Parks & Recreation Dir. Trueblood present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Hayek, to adopt RES. 08-72, AUTHORIZING THE FILING OF AN APPLICATION WITH IOWA HOMELAND SECURITY AND EMERGENCY MANAGEMENT FOR FUNDING FROM THE HAZARD MITIGATION GRANT PROGRAM FOR THE DEVELOPMENT OF THE CITY OF IOWA CITY LOCAL HAZARD MITIGATION PLAN. PCD Director Davidson present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Wright, to adopt RES. 08-73, APPROVING A PURCHASE AGREEMENT AND LEASE AGREEMENT FOR THE FORMER ST. PATRICK CATHOLIC CHURCH PARISH HALL AND PARKING LOT, LOCATED AT 435 SOUTH LINN STREET, IOWA CITY, JOHNSON COUNTY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Correia, seconded by Wright, to adopt RES. 08-74, APPROVING SETTLEMENT OF PENDING LITIGATION to Loren Jones for $84,250. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description March 11, 2008 Page 4 The Mayor noted the previously announced vacancy on the Public Art Advisory Committee to fill an unexpired term ending January 1, 2011; Applications must be received by 5:00 p.m., Wednesday, March 26, 2008. Moved by O'Donnell, seconded by Wright, to make the following appointments to Boards and Commissions: reappoint Howard Horan, 123 Cayman Street, to the Airport Commission to fill a six year term March 1, 2008 -March 1, 2014; appoint Caroline Sheerin, 807 Dearborn Street to the Board of Adjustment to fill afive-year term January 1, 2008 - January 1, 2013; reappoint Ann Freerks and appoint Tim Weitzel, 523 Grant Street to the Planning & Zoning Commission for two vacancies to fill five-year terms May 1, 2008 -May 1, 2013; appoint Michael Lensing to the Senior Center Commission to fill three-year terms January 1, 2008 -December 31, 2010. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Correia to defer to April 1 an appointment to the Civil Service Commission for afour-year term April 7, 2008 -April 2, 2012. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the following vacancies would be readvertised: Airport Zoning Brd of Adjustment to fill an unexpired term plus afive-year term ending December 31, 2011; Airport Zoning Commission to fill asix-year term January 1, 2006 -December 31, 2011; Youth Advisory Commission for two vacancies to fill two year terms January 1, 2008 -December 31, 2009, Two (2) persons -Age 18 to 21 on the date of filing. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council Member Correia noted the recent Supreme Court ruling concerning the location of Shelter House, and stated she was anxious to get the facility up and running. Council Member Hayek congratulated the City High Boys Basketball team on winning the State Tournament. Council Member Wilburn echoed congratulations to the City High Boys Basketball team, noting the accomplishment of winning both the girls and boys titles the same year has only occurred one other time in the history of the 4A tournament. Mayor Pro tem O'Donnell reaffirmed congratulation to City High. Mayor Bailey congratulated City High; and noted the unveiling of the new City website. Interim City Manager Helling reported that the City received preliminary notification they would be receiving $93,827 in FEMA assistance for the December 10 and December 11 ice storm, and stated it would be welcome in a year that the City was experiencing a quarter of a million shortfall in its snow and ice removal budget. Council Member Wright reported on the headliners for the 2008 Jazz Festival. Moved by Correia, seconded by Hayek, to adjourn meeting at 8:10 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Regenia D. Bailey, Mayor Marian K. Karr, City Clerk