Loading...
HomeMy WebLinkAbout2008-08-11 Council minutes3a 2 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES AUGUST 11, 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: Lombardo, Helling, Dilkes, Karr, Davidson, Ford, Fosse, Knoche, Scott. 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: July 10, Special Council Formal Official and Complete; July 10, Special Council Work Session; July 14, Regular Council Work Session; July 15, Special Council Work Session; July 15, Regular Council Formal Official and Complete; July 29, Special Council Work Session. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Planning and Zoning Commission -July 3, 2008; Planning and Zoning Commission -June 30, 2008; Housing and Community Development Commission -May 15, 2008; Youth Advisory Commission -May 14, 2008; Public Art Advisory Committee -May 15, 2008; Board of Adjustment -June 11, 2008; Historic Preservation Commission -June 12, 2008; Parks and Recreation Commission -June 3, 2008; Historic Preservation Commission -July 10, 2008; Public Library -June 26, 2008; Telecommunications Commission -June 23, 2008; Human Rights Commission -June 24, 2008; Animal Care Task Force -April 24, 2008. Permit Motions and Resolutions as Recommended by the City Clerk. New: Special Class C Liquor License for 2-Tone, Inc., dba Bluebird Diner, 330 E. Market St. Renewal: Class C Liquor License for Etre Downtown Group, LLC, dba Skybox, 124 '/Z E. Washington St.; Class C Liquor License for High Energy Food concepts, Inc., dba Martini's, 127 E. College St.; Outdoor Service Area for High Energy Food concepts, Inc., dba Martini's, 127 E. College St.; Class C Liquor License for George's Buffet, Inc., dba George's Buffet, 312 E. Market St.; Class C Liquor License for Iowa City Fieldhouse Co., Inc., dba Field House, 111 E. College St.; Class C Liquor License for Chackalackal, Inc., dba One Twenty Six, 126 E. Washington St.; Class C Liquor License for Spo Co, Inc., dba Sports Column, 12 S. Dubuque St.; Special Class C Liquor License for Englert Civic Theatre, LP, dba Englert Theatre, 221 E. Washington St.; Class B Beer Permit for Jimmy Jack's, Inc., dba Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd.; Outdoor Service Area for Jimmy Jack's, Inc., dba Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd.; Class E Liquor License for Hy- Vee, Inc., dba Hy-Vee Drugstore, 310 N. First Ave.; Class C Beer Permit for DeliMart Properties, Inc., dba DeliMart #1, 525 Hwy 1 West; Class C Beer Permit for DeliMart Properties, Inc., dba DeliMart #2, 1920 Lower Muscatine Rd.; Class C Beer Permit for DeliMart Properties, Inc., dba DeliMart #3, 2410 Mormon Trek Blvd.; Class C Beer Complete Description August 11, 2008 Page 2 Permit for DeliMart Properties, Inc., dba DeliMart #5, 206 E. Benton St.; Class C Beer Permit for Kmart Corporation, dba Big Kmart #4315, 901 Hollywood Blvd.; Class C Beer Permit for IC Pit Stop, LLC, dba I.C. Pit Stop, 300 Kirkwood Ave.; RES. 08-221, TO ISSUE DANCE PERMIT to Iowa City Fieldhouse Co., Inc., dba Field House, 111 E. College St. RES. 08-222, TO ISSUE CIGARETTE PERMIT to D.T.W., Inc., dba T.C.B., 114 E. College St. Motions: Approve disbursements in the amount of $19,374,527.47 for the period of June 1 through June 30, 2008, as recommended by the Finance Director subject to audit. Public Hearings: RES. 08-223, FIXING DATE(August 26) FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $18,500,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 20086, OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 08-224, FIXING DATE (August 26) FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $27,000,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2008C, OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 08-225, FIXING DATE (August 26) FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $10,300,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES, OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 08-226, FIXING DATE (August 26) FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $8,000,000 WATER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2008D, OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 08-227, FIXING DATE (August 26) FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $11,000,000 WATER REVENUE REFUNDING CAPITAL LOAN NOTES, OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 08-228, SETTING A PUBLIC HEARING FOR AUGUST 26, 2008 ON A PROPOSAL TO CONVEY A UTILITY EASEMENT AT THE IOWA CITY MUNICIPAL AIRPORT; RES. 08-229, SETTING A PUBLIC HEARING FOR AUGUST 26, 2008 ON A PROPOSAL TO CONVEY THE PROPERTY KNOWN AS 1926 BROADWAY STREET AND 1946 BROADWAY STREET TO HAWKEYE COMMUNITY ACTION PROGRAM (HACAP) (Correspondence received from Jane Drapeaux); RES. 08-230, SETTING A PUBLIC HEARING ON AUGUST 26, 2008 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATER TREATMENT PLANT AUTOMATIC SOURCE TRANSFER PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; Setting a public hearing for August 26, 2008 on an appeal to the City Council of the decision of the Historic Preservation Commission to deny a Certificate of Appropriateness to alter the roof slope when removing the built in gutters on the building located at 803 E. College Street; RES. 08-231, SETTING A PUBLIC Complete Description August 11, 2008 Page 3 HEARING FOR AUGUST 26, 2008 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATERWORKS PRAIRIE PARK FISHING PIER PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 08-232, INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF NORTHTOWNE PARKWAY RIGHT-OF-WAY IN HIGHLANDER DEVELOPMENT, THIRD ADDITION, TO SOUTHGATE BP PROPERTIES AND SETTING A PUBLIC HEARING FOR AUGUST 26, 2008. Resolutions: RES. 08-233, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A SHARED ACCESS EASEMENT AND A PERPETUAL PARKING EASEMENT LOCATED ON 820 AND 824 E. BURLINGTON STREET, IOWA CITY, IOWA; RES. 08-234, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORM SEWER AND DRAINAGE EASEMENT AGREEMENT PERTAINING TO BLOCK 40, ORIGINAL TOWN OF IOWA CITY, IOWA; RES. 08-235, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1215 2"d AVENUE, IOWA CITY, IOWA; RES. 08-236, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY AT 960 LONGFELLOW PLACE, IOWA CITY, IOWA; RES. 08-237, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1510 CRESCENT STREET, IOWA CITY, IOWA; RES. 08-238, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2105 BROADWAY STREET, IOWA CITY, IOWA; RES. 08-239, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 605 MANOR DRIVE, IOWA CITY, IOWA; RES. 08-240, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT1928 H STREET, IOWA CITY, IOWA; RES. 08-241, ACCEPTING THE WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR LOT 36 OF SCOTT-SIX INDUSTRIAL PARK. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of on-street metered parking spaces and establishment of parking meter terms on the 800 block of South Clinton Street; Acting Traffic Engineering Planner regarding Installation of (1) YIELD sign at the southwest corner of the Haywood Drive/Laura Drive intersection; JCCOG Traffic Engineering Planner regarding Installation of (1) NO PARKING BETWEEN DRIVEWAYS sign between the driveways of 1811 and 1813 Deforest Avenue; Lora Johnson regarding New Orleans City Council Resolution R-08- 384; Jake Dunshee regarding Greenwood Railroad Crossing [staff response included]; Complete Description August 11, 2008 Page 4 Jerry Anthony regarding Walking tour [staff response included]; Gerry and Rosanne Beard regarding Unpaved sidewalk repairs; Jean Allgood regarding Ban open burning/fire pits [staff response included]; Patricia Ephgrave regarding Kansas City's efforts; Martha Monick regarding Flood; Margaret Koch regarding Normandy Drive buyout application; Idyllwild letters from Joyce Chiles, Ivan Hall (x3) [staff response included]; Ivan Hall regarding Idyllwild and Corp. of Engineers flood level data [previously distributed at 7/29 Special Work Session]; Charles Eastham regarding Rebuild Iowa Housing Task Force application [previously distributed at 7/29 Special Work Session]; Steve McGuire regarding Questions for town hall meeting [previously distributed at 7/29 Special Work Session]; Mark Williams regarding Lower City Park [staff response included]; Eric Johnson and Jenna Hammerich regarding Wayne Street [staff response included]; Jerry Warner regarding Thornberry complaint; Gary Frakes regarding City policy of appointment to commissions and boards; Idyllwild issues letters from Piyush Patel, Sally Cline (2). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Steve McGuire, Parkview Terrace Neighborhood resident, updated Council on activities in the neighborhood. A public hearing was held on the ordinance amending the conditional zoning agreement to modify the concept site plan for approximately 25.16 -acres of property in the Community Commercial (CC-2) Zone for Westport Plaza including Wal-Mart at 855, 911 & 1001 Highway 1 West (REZ08-00006). PCD Dir. Davidson present for discussion. The Mayor requested ex-parte communications be reported, and individual Council Members shared their communications. The following individuals appeared: Atty. Bob Downer, representing Wal-Mart; Jeremy Carter, ARC Design Solutions; Jacki Cook-Haxby, Benham Companies; Ryan Horn, Wal-Mart Stores; Mary Gravitt; Darold Albright; Atty. Wally Taylor, representing Iowa City Stop Wal-Mart; Dan Daly; Kelly Ondaheker; Dale Miller; Bob Crawford; Gary Sanders, Chairman, Iowa City Stop Wal-Mart; and Atty. Dennis Mitchell, representing Wal-Mart. Moved by Champion, seconded by O'Donnell, to continue public hearing to August 26, to allow the conditional zoning agreement to be signed by all parties. Moved by Wilburn, seconded by O'Donnell, to accept correspondence from Dennis Mitchell, Tom Carsner, Patty Villhauer, Wallace Taylor, Gary Sanders, Ed Barker. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by O'Donnell, to defer to August 26, the ordinance amending the conditional zoning agreement to modify the concept site plan for approximately 25.16 -acres of property in the Community Commercial (CC-2) Zone for Westport Plaza including Wal-Mart at 855, 911 & 1001 Highway 1 West (REZ08-00006). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Correia, seconded by Hayek, to defer indefinitely the ordinance rezoning approximately .28 acres located at 700 South Dubuque Street from Community Commercial (CC-2) to Intensive Commercial (CI-1) (REZ08-00007). PCD Dir. Davidson present for discussion. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Correia, to accept correspondence from Sarah Swartzendruber (2). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description August 11, 2008 Page 5 Moved by Wright, seconded by Correia, that the ordinance amending Title 15, Land Subdivisions, by repealing Title 15 in its entirety and replacing it with a new Title 15, Land Subdivisions, 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 O'Donnell, that ORD. 08-4312, AMENDING TITLE 2 OF THE CITY CODE, ENTITLED "HUMAN RIGHTS," CHAPTER 3, ENTITLED "DISCRIMINATORY PRACTICES" TO EXCEPT SMALL EMPLOYERS FROM DISCRIMINATION CLAIMS AND CHAPTER 4, ENTITLED "ENFORCEMENT," TO INCREASE THE TIME PERIOD FOR FILING A DISCRIMINATION CLAIM, 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 Wright, to adopt RES. 08-242, ADOPTING A MASS EVACUATION PLAN TO BE IMPLEMENTED IN CASE OF AN EMERGENCY REQUIRING EVACUATION OF THE CITY OF IOWA CITY OR PORTIONS THEREOF. City Engr. Knoche present for discussion. 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. 08-243, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE THIRD AMENDMENT TO THE AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND DEVELOPER MGD, L.C. FOR THE REDEVELOPMENT OF SYCAMORE MALL. Economic Development Coordinator Ford present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Correia, to adopt RES. 08-244, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE APPROVAL OF EXTERIOR CHANGES TO THE CAPITOL STREET ELEVATION OF OLD CAPITOL TOWN CENTER LOCATED AT 201 S. CLINTON STREET FORA 3RD FLOOR AND ELEVATOR ADDITION. Kevin Digmann, Hodge Construction, present for discussion. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Wilburn, Wright, Bailey, Correia, Hayek, O'Donnell. Nays: Champion. Absent: None. Moved by Wright, seconded by Correia, to adopt RES. 08-245, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE NOVEMBER 5T", 2007 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY SANITARY LANDFILL. PW Dir. Fosse 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 Correia, to adopt RES. 08-246, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE MAY 1St, 2007 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY SANITARY LANDFILL. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description August 11, 2008 Page 6 Moved by Correia, seconded by Hayek, to adopt RES. 08-247, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A TELECOMMUNICATION INFRASTRUCTURES PATHWAYS AND ELECTRICAL TRANSMISSION SYSTEM. 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. 08-248, 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 ROHRBACH ASSOCIATES PC, TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR FIRE STATION #4 PROJECT. 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 Wilburn, seconded by Hayek, to adopt RES. 08-249, AWARDING CONTRACT to Dennis Parking Lot Maintenance, Inc. for $164,650.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2008 DURABLE PAVEMENT MARKING PROJECT. 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, effective upon appointment, plus a five-year term ending December 31, 2011; Airport Zoning Commission to fill asix-year term January 1, 2006 -December 31, 2011; Housing & Community Development Commission to fill athree-year term September 1, 2008 -September 1, 2011; Police Citizens Review Board for two vacancies to fill four-year terms September 1, 2008 -September 1, 2012; Youth Advisory Commission to fill a two year term January 1, 2008 -December 31, 2009 for one (1) person -Age 18 to 21 on the date of filing. Applications must be received by 5:00 p.m., Wednesday, August 20, 2008. The Mayor announced the current vacancy to the Board of Adjustment to fill an unexpired term, effective upon appointment -January 1, 2011. Applications must be received by 5:00 p.m., Wednesday, September 17, 2008. Correspondence received from Michelle Payne. 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.] Moved by O'Donnell, seconded by Hayek, to appoint Frank Wagner, 1104 Muscatine Avenue, to the Historic Preservation Commission to fill an unexpired term, effective upon appointment -March 29, 2009. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member O'Donnell noted the informative discussion from various sides on the Wal-Mart issue earlier in the meeting, and encouraged more public participation. Council Member Wilburn welcomed new teachers to the School District and wished parent and student's good luck for the new school year beginning August 18tH Complete Description August 11, 2008 Page 7 Council Member Hayek reported on the ad hoc committee providing City financial relief to businesses affected by the flood. Mayor Bailey encouraged Council discussion of the vision for the City as recovery continues after the flood; and continued dialog with neighborhoods on rehabbing land in some way to maintain taxpaying status. Moved by O'Donnell, seconded by Correia, to adjourn back to Council work session at 8:53 p.m. The Mayor declared the motion carried unanim sly, 7f0, II Council Members present. is D. Bailey, M y a ~ n 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 of this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 7/10/08 Iowa City City Council, special meeting 7:30 a.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wright. Absent: Wilburn. The following individuals appeared regarding flooding: Mike Crawford, 54 Pentire Circle. Moved and seconded to accept correspondence on Flood Matters from: Jessica McAllister (2), Susan Salterberg, Kurt Kimmerling, John and Jo Cunningham, Ana and Leonard Terry, Karen Fox, John and Martha Monick, Lon Drake, Phil Zell, Piyush and Priti Patel. 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. 08-4309, AMENDING TITLE 10 OF THE CITY CODE, ENTITLED USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," SECTION 4, ENTITLED "TEMPORARY USE OF SIDEWALK PERMITS" TO INCREASE THE DURATION OF THE TEMPORARY SIDEWALK PERMITS ON FRIDAYS IN THE SUMMER, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to adopt RES. 08-197, WAIVING ALL CITY-OWNED UTILITY CHARGES FOR CONSUMPTION IN JUNE AND JULY, 2008, FOR ALL PROPERTIES (RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL) WHICH HAVE SUFFERED INTERIOR STRUCTURE PENETRATION BY FLOOD WATER AS A RESULT OF THE 2008 FLOODING. Moved and seconded to adjourn to special work session at 7:40 a.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/Marian K. Karr, City Clerk Submitted for publication - 7/15/08. 2a 2 r ~.!h,p~~ CITY OF 101lVA CITY M EMS ~~ Date: July 10, 2008 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, July 10, 2008, 7:42 AM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wright Absent: Wilburn Staff: Lombardo, Helling, Dilkes, Karr, Boothroy, Davidson, O'Malley, O'Brien, Jensen. (A complete transcription is available in the City Clerk's Office) FLOOD MITIGATION PLAN PCD Director Davidson distributed a memo "FEMA Buyout Program questions and answers" (on file); and City Manager Lombardo distributed a "Hazard Mitigation Grant Program" matrix (on file). PCD Director Davidson noted the question # 9 referenced an attachment (not distributed) and summarized the ten pieces of information required for each property as follows: 1. Property owner 2. Property address 3. City 4. Whether or not there is a National Flood Insurance policy on the property 5. Year house was built 6. Building damage estimate 7. Whether or not property located in the 100 year flood plain 8. Whether or not house substantially damaged or destroyed 9. Whether house is occupied by primary owner, renter, secondary owner, or commercial 10. Pre flood fair market value PCD Director Davidson, City Manager Lombardo, and City Atty. Dilkes answered questions concerning the process. At an upcoming work session Council will be discussing: • Structuring Notice of Interest (NOI) •:• Estimate from Parks re maintaining additional open space created • Savings of naturalized grassland area versus park • Presence of trail • Anticipated (ancillary) costs for demolition [Additional discussion occurred later in the meeting] Council Work Session July 10, 2008 Page 2 RIVER CORRIDOR UPDATE City Manager Lombardo reported other entities (Coralville, University, Johnson County) were contemplating broader planning efforts for use of the River Corridor, and what might be accomplished on different levels. More information will be provided to Council as discussions continue. UPDATE ON LOBBYING STRATEGY City Manager Lombardo stated staff was compiling a list of residential, commercial and infrastructure type projects, and their estimated costs. He hoped to have that list for Council that day for use in seeking additional appropriations. In response to questions he reported: Park Road Bridge -divers were in the water doing inspections that morning and hopefully an update would be available later in the day Iowa Avenue sinkhole -Engineers are developing a project plan for repair and updates will be provided once reconstruction starts. It will be a week or more to get the engineering work defined. IDOT Monies - PCD Director Davidson reported that on meetings with the Federal Highway Administration and hopefully some funds may be available through them and FEMA. City Manager Lombardo stated staff was researching projects and changes that may enhance transportation, housing and commercial aspects of the community. Mayor Bailey reported on a recent trip to Des Moines where she met with: ~ General Dardis, who is heading up Rebuild Iowa Commission ~ Governor Culver, and thanked him for his attention to our area and encouraged him to advocate additional federal funding FLOOD MITIGATION PLAN (continued) In response to Council Member Hayek, staff indicated that once the City was asked to submit a formal application (after submission of the NOI) the money allocated was property specific. Mayor Bailey asked Council Members to provide staff any additional questions they have on the program. ANIMAL SHELTER UPDATE A memo from the Police Chief "Animal Shelter -Update" was distributed, and City Manager Lombardo answered questions regarding the new rental space. City Manager Lombardo stated he would be providing a list of CIP projects impacted by flooding matters. Mayor Bailey suggested that could be discussed as part of the mid year budget review planned in August. Council Work Session July 10, 2008 Page 3 STAFF ACTION: Prepare close out of fiscal year 2008 figures for Council discussion in August (O'Malley, Lombardo). OTHER AND FUTURE MEETING SCHEDULE ITEMS 1. Mayor Bailey noted Council had established a loan program with economic development funds, and one member of the current Economic Development Committee should be identified to serve on the three member review Board. Council Member Hayek will serve as primary appointee with Council Member Champion serving as alternate. 2. Special work session of July 29 has been scheduled for discussion of flood matters and Mayor Bailey suggested a town hall meeting be scheduled in that time slot with David Miller from Homeland Security and Bill Vogel from the FEMA regional office. John Wegeman from Iowa Homeland Security and Emergency Management Division would also be invited. Majority agreed to wait until the work session July 15 and decide how best to utilize the July 29 meeting date. 3. Council Member Correia stated the County Board of Supervisors had requested that taxing bodies in the County indicate whether they want the Board to proceed with tax abatement or not; and requested that the matter be scheduled for work session discussion. Majority agreed to schedule discussion Tuesday evening, July 15. City Manager Lombardo stated he would be providing a memo. 4. Council Member Correia requested an update from the United Way Volunteer Action Center. Mayor Bailey will follow up for regular updates for the packet. Meeting adjourned 8:35 AM. ^',___-'r,®,~ C(TY OF (OWA CITY 2a3 ~ ~~~~~~~ MEMCJR Date: July 14, 2008 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, July 14, 2008, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright Staff: Lombardo, Helling, Dilkes, Karr, Miklo, Davidson, Fosse, Yapp, Howard, Nagle-Gamm (A complete transcription is available in the City Clerk's Office) PLANNING AND ZONING ITEMS PCD Director Davidson presented information on the following items: b) APPROVING VACATION OF THE. NORTHTOWNE PARKWAY RIGHT-OF-WAY AND PARTIAL RELEASE OF PUBLIC ACCESS EASEMENT WITHIN HIGHLANDER DEVELOPMENT, THIRD ADDITION, IOWA CITY, IOWA. (VAC08-00002) d) AMENDING TITLE 15, LAND SUBDIVISIONS, BY REPEALING TITLE 15 IN ITS ENTIRETY AND REPLACING IT WITH A NEW TITLE 15, LAND SUBDIVISIONS. (FIRST CONSIDERATION) (DEFERRED FROM 6/17 and 6/24) Associate Planner Howard, Sr. Planner Miklo, and PW Dir. Fosse presented information and answered questions. g) APPROVING THE PRELIMINARY PLAT OF HENDRICKSON LYTHAM CONDOMINIUMS, Iowa CITY, Iowa. (suBOB-oooo2> PCD Dir. Davidson noted this should be considered only if item "f' was passed. h) APPROVING THE FINAL PLAT OF KENNEDY'S WATERFRONT ADDITION PART FIVE, IOWA CITY, IOWA. (SUB08-0007) COUNCIL APPOINTMENTS Housing & Community Development -Andy Douglas and Rebecca McMurray; readvertise one Civil Service -Elizabeth Cummings Planning & Zoning -Michelle Payne Council Work Session July 14, 2008 Page 2 METROPOLITIAN COALITION (IP2 of 7/10 Info Packet) Mayor Bailey and Council Member Wilburn facilitated a discussion to identify priorities for the upcoming legislative session. Discussion noted the following priorities: ^ Passenger rail transportation ^ Tax Increment Financing ^ Exploring alternative revenue sources ^ Iowa State Housing Trust Fund ^ Hotel-Motel Tax to 9% ^ Property Tax Credits/condos ^ Tax Restructuring (rollback, etc.) PCD Director Davidson present for discussion. Mayor Bailey and Council Member Wilburn will take information to July 30 Metropolitan Coalition meeting in Iowa City. STAFF ACTION: Using Resolution 07-340, establishing Iowa City's Legislative Priorities for 2008, provide council with 2-3 sentence summary for further discussion prior to resolution establishing 2009 legislative priorities in the fall. (Helling) AGENDA ITEMS (Consent Calendar item # 3e(9) -letter from Brian Loring re BIC's position on Burlington Street) JCCOG Transportation Planner Yapp responded to Council Member Correia regarding a presentation on a downtown street-bike route plan at the JCCOG regional trails and bicycling committee meeting in early August, and report that Iowa DOT is reluctant to allowed "sharrows" on state highways until they are included in the Federal Manual of Traffic Control Devices which is being considered. 2. (Consent Calendar item # 3e(4) -memo from JCCOG Traffic Engineering Planner ... no parking ... Oakcrest between Sunset and George) JCCOG Transportation Planner and PCD Dir. Davidson responded to Council questions. Majority agreed to proceed as outlined. 3. (Item # 8 -Resolution authorizing ... speed humps ... 1000-1200 Blocks of Foster Road) JCCOG Transportation Planner Yapp present for discussion. Majority agreed to proceed as outlined. COUNCIL TIME 1. (IP6 of July 1 Information Packet -Outdoor Service Area for Blackstone's) Majority agreed to schedule discussion of the item for the August 11 work session. Council Work Session July 14, 2008 Page 3 FUTURE MEETING SCHEDULE [reference IP3] After discussion, a majority agreed to the following schedule: Monday, October 6, Work Session, 5:30 PM and Special Formal, 7:00 PM Monday, October 20, Work Session, 6:30 PM Tuesday, October 21 Formal, 7:00 PM Monday, November 3, Work Session, 5:30 PM and Special Formal, 7:00 PM Tuesday, November 11, HOLIDAY Monday, November 17, Work Session, 6:30 PM Tuesday, November 18, Formal, 7:00 PM Thursday, November 27, HOLIDAY Friday, November 28, HOLIDAY Monday, December 1, Work Session, 6:30 PM Tuesday, December 2, Formal, 7:00 PM Tuesday, December 16, Special Work Session, 5:30 PM and Formal, 7:00 PM Other scheduling updates: o Mayor Bailey announced that the August 16 date set aside for a retreat will be rescheduled; City Manager Lombardo suggested the retreat date would be in September or October. Council will notify City Clerk Karr of Saturday or Sunday absences in September or October. o City Clerk Karr reminded Council of the Joint Meeting scheduled August 20, with Iowa City hosting. o City Manager Lombardo reminded Council of the town hall meeting scheduled for July 29 at the Senior Center; more information and details will be provided at the July 15 special work session the next evening. STAFF ACTION: Incorporate dates into Council tentative schedule and distribute schedule in information packet. (Karr) Meeting adjourned 8:35 PM. ^,_,_,-r,®~ C1TY OF IOWA CITY Za4 ~MO_~A M ~~ Date: July 15, 2008 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, July 15, 2008, 5:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright Staff: Lombardo, Helling, Dilkes, Karr, Davidson, Fosse (A complete transcription is available in the City Clerk's Office) FLOOD MITIGATION PLAN The following handouts were distributed: 1. City Atty. Dilkes memo re Open Space/Land Use Requirements After a FEMA Buy-out 2. City Manager memo re Flood Mitigation Response Strategy (1 of 2) 3. Correspondence from: a) Steve McGuire re post flood alternatives b) Senator Harkin re Housing and Economic Development Assistance c) Senator Grassley re Federal Tax Relief, Federal Dollars for Flood and Tornado Victims d) Information and Application on Rebuild Iowa Task Forces City Manager Lombardo, City Atty. Dilkes, and PCD Dir. Davidson presented information regarding CDBG monies that may be available and the hazard mitigation grant program. After discussion a majority of Council agreed to file the NOI (Notice Of Intent) for the Hazard Mitigation Program by the September 12~' deadline, and to include all properties. TAX ABATEMENT A memo from City Manager Lombardo "Property Tax Abatement" was distributed, and City Manager Lombardo facilitated discussion. Majority of Council agreed not to pursue tax abatement, and directed the City Manager to convey that to the County Board of Supervisors. Council Work Session April 28, 2008 Page 2 FUTURE MEETING SCHEDULE ITEMS 1. July 29 at the Senior Center: ^ town hall meeting 90 minute 6:30-8:00 PM with representatives of FEMA, Homeland Security and other officials serving on the panel ^ Council Members in the audience ^ Broadcast live on City Channel 4 ^ Staff will prepare list of questions from their own questions and those submitted to the City Manager ^ 8:00 PM special Council work session to follow 2. Rebuild Iowa Task Forces: Mayor Bailey encouraged citizens and Council Members consider applying for membership on one of nine task forces being appointed by the Governor as part of the "Rebuild Iowa" Program. Applications are available on the city and state websites, and in the office of the City Clerk. 3. Other items: City Atty. Dilkes reported on her review of the Declaration of Condominium for Idyllwild Condominiums, and their attorney, and reported that a statement of voluntary participation and deed will be required for each unit owner. City Manager Lombardo noted his memo re Flood Mitigation Response Strategy (2 of 2) and reviewed estimated direct costs associated with the flood mitigation to be $830,000. Specific estimates for municipal structures will be provided at a later time. In response to Council Member Hayek, the City Manager stated he was working with staff on revisiting the CIP program in light of the flood, and preparing information for our federal delegation in considering additional appropriations. 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. The cost of publishing the following proceedings and claims is $ Cumulative cost of this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 7/15/08 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 Persons with Disabilities Day -July 26, 2008, Keith Ruff, Everett Conner Center accepting; International Justice Day -July 17, 2008, Kate Karacay accepting. Council Member Hayek stated he would be abstaining from voting on Consent Calendar due to a conflict of interest. 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: June 17, Regular Council Formal Official and Complete; June 23, Special Council Work Session; June 24, Special Council Formal Official and Complete; June 30, Special Council Work Session; July 3, Special Council Formal Official and Complete; July 3, Special Council Work Session. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Airport Commission -May 8, 2008; Airport Commission -May 22, 2008; Planning and Zoning Commission -June 19, 2008; Planning and Zoning Commission -June 5, 2008; Planning and Zoning Commission -May 15, 2008; Senior Center Commission -May 20, 2008; Senior Center Commission -March 18, 2008; Senior Center Commission - April 15, 2008; Historic Preservation Commission -May 22, 2008; Parks and Recreation Commission -April 28, 2008; Telecommunications Commission -June 2, 2008; Public Library Board of Trustees -May 22, 2008; Human Rights Commission - May 20, 2008; Board of Adjustment -May 14, 2008; Police Citizens Review Board - June 10, 2008. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Short's Burger and Shine, 18 S. Clinton Street; Class B Beer Permit for Iowa City Fall Fun Festival Tent A, 2140 Rochester Ave.; Class B Beer Permit for Iowa City Fall Fun Festival Tent B, 2140 Rochester Ave.; Class C Liquor License for T.C.B. 114 E. College St. Renewal: Class C Liquor License for Etc., 118 S. Dubuque St.; Class B Beer Permit for Pizza Hut #4358,1926 Keokuk St.; Special Class C Liquor License for Sushi Popo, 725 Mormon Trek Blvd.; Class C Liquor License for Mill Restaurant, 120 E. Burlington St.; Outdoor Service Area for Mill Restaurant, 120 E. Burlington St.; Class C Liquor License for IC Uglys, 210 N. Linn St.; Class C Liquor License for American Legion, Roy L. Chopek Post #17, 3016 Muscatine Avenue; Class E Liquor License for Hartig Drug Store #10, 701 Mormon Trek Blvd.; Class C Liquor License for Formosa Official Actions July 15, 2008 Page 2 Asian Cuisine, 241 E. College St.; RES. 08-198, TO ISSUE DANCE PERMITS to Mill Restaurant, 120 E. Burlington St.; Etc., 118 S. Dubuque St.; Iowa City Fall Fun Festival, 2140 Rochester Ave.; RES. 08-199, TO ISSUE CIGARETTE PERMITS to Iowa City Moose Lodge #1096, 3151 Highway 6 E., Konnexian, 106 S. Linn St.; Dublin Underground, 5 S. Dubuque St. Resolutions: RES. 08-200, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT FOR 2814 IRVING AVENUE; RES. 08-201, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 1417 FRANKLIN STREET, IOWA CITY, IOWA; RES. 08-202, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND AN AMENDED MORTGAGE FOR THE PROPERTY LOCATED AT 924 VAN BUREN STREET SOUTH, IOWA CITY, IOWA; RES. 08-203, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 841 RUNDELL STREET, IOWA CITY, IOWA; RES 08-204, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A STATEMENT OF LIFE LIEN AND AN AMENDED STATEMENT OF LIFE LIEN FOR THE PROPERTY LOCATED AT 1612 E COURT STREET, IOWA CITY, IOWA; RES. 08-205, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST CO., IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1552 DICKENSON LANE, IOWA CITY, IOWA; RES. 08-206, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST CO., IOWA CITY, IOWA FOR PROPERTY LOCATED AT 3017 STANFORD AVENUE, IOWA CITY, IOWA; RES. 08-207, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1622 WILSON STREET, IOWA CITY, IOWA; RES. 08-208, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 15 REGAL LANE, IOWA CITY, IOWA; RES. 08-209, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND RESIDENTIAL MORTGAGE NETWORK INC., CORALVILLE, IOWA FOR PROPERTY LOCATED AT 511 THIRD AVENUE, IOWA CITY, IOWA; RES. 08-210, ACCEPTING THE WORK FOR THE MERCER PARK AQUATIC CENTER ROOF REPLACEMENT PROJECT. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of NO PARKING ANYTIME signs on the west side of Wylde Green Road from between Benton Street and Ashley Street [Staff memorandum included]; JCCOG Traffic Official Actions July 15, 2008 Page 3 Engineering Planner regarding Installation of NO PARKING ANYTIME signs on the east side (outer curve) of Talwrn Court [Correspondence included -reference staff memorandum included with 3e(1)]; JCCOG Traffic Engineering Planner regarding Installation of NO PARKING ANYTIME signs on the south side of Kineton Green from Sunset Street to Wylde Green Road [Correspondence included; reference staff memorandum included with 3e(1)]; JCCOG Traffic Engineering Planner regarding removal of existing NO PARKING 10AM-4PM MONDAY-FRIDAY signs on the south side of Oakcrest Street between Sunset Street and George Street (1200&1300 Blocks) [staff memorandum and correspondence included]; JCCOG Traffic Engineering Planner regarding Installation of on-street metered parking spaces and establishment of parking meter terms on the 300 block of College Street; JCCOG Traffic Engineering Planner regarding Installation of (3) STOP signs - (1) on the northwest corner of Middlebury Road and Westbury Drive intersection, (1) on the southeast corner of Middlebury Road and Westbury Drive intersection, and (1) on the northwest corner of the Middlebury Road and Eastbury Drive intersection; JCCOG Traffic Engineering Planner regarding Removal of three on-street metered parking spaces and establishment of PARKING OFFICE CUSTOMERS ONLY 20 MINUTE LIMIT 7AM- 6PM MON-SAT signs on the 300 block of Iowa Avenue; Dianne Jones X2 regarding Wal-Mart Super Center Support; Brian Loring regarding BIC's position on Burlington Street; Elizabeth Foster Hill for Barbara Mitchell regarding Wetherby, Isaac A. House 611 North Governor; Jim Cochran regarding Smoking in the Ped Mall; Charlotte Walker, Richard Tibbetts regarding Suggestion and appeal regarding Oakland Cemetery grave/niche purchases; Pat Farrant regarding Animal sheltering issues; Tim Taffe regarding Restoring 726 Iowa Avenue to previous duplex classification; Chris Rhatigan regarding New Press-Citizen reporter; Jake Dunshee regarding Greenwood Railroad Crossing; Joe Bolkcom regarding Grant Opportunities; Ivan Hall regarding Considerations for Idyllwild Condo Buyout. The Mayor declared the motion carried. The following individuals appeared regarding flooding matters: Steve McGuire, Parkview Terrace neighborhood; Charlie Eastham, 37 Colwyn Court, Idyllwild subdivision; and Sherry Christoffer, 1550 S. Gilbert St. Moved and seconded to accept correspondence from Dr. LeAnn Anderson submitted by Ms. Christoffer. The Mayor declared the motion carried. Moved and seconded to set a motion setting a public hearing for August 11 on an ordinance amending the conditional zoning agreement to modify the concept site plan for approximately 25.16-acres of property in the Community Commercial (CC-2) Zone for Westport Plaza including Wal-Mart at 855, 911 & 1001 Highway 1 West (REZ08-00006). The Mayor declared the motion carried. A public hearing was held on a resolution approving vacation of the Northtowne Parkway right-of-way and partial release of public access easement within Highlander Development, Third Addition, Iowa City, Iowa (VAC08-00002). Moved and seconded to continue public hearing to August 26. The Mayor declared the motion carried. Moved and seconded to defer to August 26 a resolution approving vacation of the Northtowne Parkway right-of-way and partial release of public access easement within Official Actions July 15, 2008 Page 4 Highlander Development, Third Addition, Iowa City, Iowa. The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning approximately .28 acres located at 700 South Dubuque Street from Community Commercial (CC-2) to Intensive Commercial (CI-1) (REZ08-00007). Atty. Sarah Swartzendruber, representing the applicant, appeared. Moved and seconded that the ordinance rezoning approximately .28 acres located at 700 South Dubuque Street from Community Commercial (CC-2) to Intensive Commercial (CI- 1) (REZ08-00007), be given first vote. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 15, Land Subdivisions, by repealing Title 15 in its entirety and replacing it with a new Title 15, Land Subdivisions, be given first vote. The Mayor declared the motion carried. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 08- 4310, CONDITIONALLY REZONING APPROXIMATELY 10.08 ACRES OF LAND LOCATED NORTH OF HIGHWAY 6, EAST OF SCOTT BOULEVARD, AND WEST OF COMMERCE DRIVE FROM INTENSIVE COMMERCIAL (CI-1) ZONE TO COMMUNITY COMMERCIAL (CC-2) ZONE (REZ08-00003), be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to accept correspondence from Mary Jo Streb. 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. 08- 4311, REZONING APPROXIMATELY 9.48 ACRES OF LAND LOCATED SOUTH OF OLIVE COURT AND LEAMER COURT AND EAST OF MARIETTA AVENUE FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) ZONE TO PLANNED DEVELOPMENT OVERLAY (OPD- 8) (REZ08-0001) 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 Ronald Amelon. The Mayor declared the motion carried. Moved and seconded to adopt RES. 08-211, APPROVING THE PRELIMINARY PLAT OF HENDRICKSON LYTHAM CONDOMINIUMS, IOWA CITY, IOWA. Moved and seconded to adopt RES. 08-212, APPROVING THE FINAL PLAT OF KENNEDY'S WATERFRONT ADDITION PART FIVE, IOWA CITY, IOWA. Moved and seconded to accept correspondence from Dorsey Phelps. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 2 of the City Code, entitled "Human Rights," Chapter 3, entitled "Discriminatory Practices" to except small employers from discrimination claims and Chapter 4, entitled "Enforcement," to increase the time period for filing a discrimination claim, be given second vote. The Mayor declared the motion carried. Moved and seconded to adopt RES. 08-213, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE WASHINGTON HILLS Official Actions July 15, 2008 Page 5 NEIGHBORHOOD ART PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. Moved and seconded to adopt RES. 08-214, AUTHORIZING THE INSTALLATION OF SPEED HUMPS IN THE 1000-1200 BLOCKS OF FOSTER ROAD. Paul Show and Dean Thornberry appeared. Moved and seconded to accept correspondence from Jamie Tisdale, Paula and Lowell Brandt, Gary Frakes, George Perry, Walter Way, Susan Wells. The Mayor declared the motion carried. Moved and seconded to adopt RES. 08-215, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE HIGHLAND COURT WATER MAIN REPLACEMENT PROJECT. Moved and seconded to adopt RES. 08-216, REJECTING BIDS RECEIVED ON JULY 8, 2008 FOR THE 2008 DURABLE PAVEMENT MARKING PROJECT, AND SETTING A NEW DATE FOR RECEIPT OF BIDS FOR THE REBIDDING OF THE 2008 DURABLE PAVEMENT MARKING PROJECT, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Moved and seconded to adopt RES. 08-217, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2008 SANITARY SEWER REHABILITATION PROJECT. Moved and seconded to adopt RES. 08-218, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE ROBERT A. LEE RECREATION CENTER ROOF MEMBRANE REPLACEMENT PROJECT. Moved and seconded to adopt RES. 08-219, AUTHORIZING THE EXECUTION OF AN AMENDED CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR PARATRANSIT SERVICE FOR THE PERIOD OF JULY 1, 2008 THROUGH JUNE 30, 2013. Moved and seconded to adopt RES. 08-220, ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. The following individuals appeared: Ellen Sweet, 1219 Oakcrest St.; and Dean Thornberry, representing T & Z Partners. The Mayor noted the previously announced vacancy on Historic Preservation Commission to fill an unexpired term ending March 29, 2009. Applications must be received by 5:00 p.m., Wednesday, August 6, 2008. Moved and seconded to appoint Elizabeth Cummings, 725 Bradley Street, to the Civil Service Commission to fill afour-year term April 7, 2008 -April 2, 2012; appoint Andy Douglas, 2721-D Muscatine Avenue and Rebecca McMurray, 1904 Gleason Avenue, to the Housing & Community Development Commission for two (2) three-year terms September 1, 2008 -September 1, 2011; appoint Michelle Payne, to the Planning & Zoning Commission to fill an unexpired term ending May 1, 2010. The Mayor declared the motion carried. Correspondence was received from Michelle Payne. The Mayor noted the following vacancies received no applications and will be readvertised: Airport Zoning Brd of Adjustment to fill an unexpired term plus afive-year term Official Actions July 15, 2008 Page 6 ending December 31, 2011; Airport Zoning Commission to fill asix-year term January 1, 2006 -December 31, 2011; Housing & Community Development Commission to fill a three-year terms September 1, 2008 -September 1, 2011; Police Citizens Review Board for two vacancies to fill four-year terms September 1, 2008 -September 1, 2012; Youth Advisory Commission to fill a two year term for January 1, 2008 -December 31, 2009 for One (1) person -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 at 9:00 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/Marian K. Karr, City Clerk ~° Submitted for publication - 7/22/08. ~,!r-` CITY CaF 1CJWA CtT 2a6 ~~®~r,~ ~ ~ ~~~ , ~~ ~ D U 1VI ~a R~ ~~ ~~ Date: August 5, 2008 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Town Meeting and Special Council Work Session, July 29, 2008, at the Senior Center A town hall meeting was held from 6:30-8:30 PM. Facilitator was City Manager Lombardo. Panelists included: • David L. Miller, Administrator Iowa Homeland Security & Emergency Management Division • John Wageman, State Hazard Mitigation Officer Iowa Homeland Security & Emergency Management Division • William Vogel, Federal Coordinating Officer FEMA • Suzann Cowie, Deputy Coordinating Officer FEMA fA City Council special work session followed the town meeting] Date: August 6, 2008 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Special Council Work Session, July 29, 2008, 8:45 PM at the Senior Center Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright Staff: Lombardo, Helling, Dilkes, Karr, Davidson, Fosse, Dulek, Boothroy (A complete transcription is available in the City Clerk's Office) Council Work Session July 29, 2008 Page 2 FLOOD MATTERS The following handouts were distributed: 1. City Manager compilation of questions for Town Hall meeting July 29 regarding FEMA Buy-out program 2. Correspondence from: a) Marc Linder with questions for Town Hall meeting b) Steve McGuire with questions for Town Hall Meeting c) Ivan Hall re Idyllwild 100 year flood designations d) Charlie Eastham application for Iowa Housing Task Force 3. Copy of Flood Mitigation Strategies for Iowa City City Manager Lombardo responded to questions regarding other funding appropriations, such as CDBG monies; and affirmed discussions with the University and Coralville re future riverfront issues. Mayor Bailey reviewed the goals identified in the "Flood Mitigation Strategies for Iowa City" prepared for the federal delegation and distributed that evening to Council, and summarized a recent Washington, DC trip. Council Member Hayek reported on the small business fund assistance program, and the ad hoc committee's (made up of Hayek, ED Coordinator Ford, and Chamber rep. Alicia Streeter) work to distribute funds. Council requested a list of businesses that have been assisted. City Manager Lombardo reported that Johnson County Board of Supervisors Chair Rod Sullivan was coordinating with Coralville and Iowa City about FEMA trailers in the area. He stated there may not be pads available within the (Iowa City) city limits for such trailers at this time, and he will provide an update when he hears from Chair Sullivan. Mayor Bailey suggested tracking Iowa City residents who utilize the trailers. Mayor Bailey updated citizen appointments to the various "Rebuild Iowa Task Forces", and stated she would be attending a "Rebuild Iowa Commission" meeting July 31St in Cedar Rapids. In response to Mayor Bailey, PCD Director Davidson reported that an oral report on the NOI (Notice of Intent) will be provided to Council at their work session on August 11, noting that 82 responses had been received to date. PCD Dir. Davidson requested that Council provide any change in direction at the August 11th meeting, to allow staff time to prepare and Council action, prior to the September 12 submission deadline. In response to Council Member Hayek, City Manager Lombardo stated the year end financial report discussion is tentatively planned for the second meeting in August (25th), and stated he and the Mayor would be meeting to discuss scheduling other pending work session items. Meeting adjourned 9:05 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 JULY 10, 2008 Iowa City City Council, special meeting 7:30 a.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wright. Absent: Wilburn. Staff present: Lombardo, Helling, Karr, Dilkes, Jensen Boothroy, O'Brien, Davidson, O'Malley. The following individuals appeared regarding flooding: Mike Crawford, 54 Pentire Circle. Moved by Hayek, seconded by Wright, to accept correspondence on Flood Matters from: Jessica McAllister (2), Susan Salterberg, Kurt Kimmerling, John and Jo Cunningham, Ana and Leonard Terry, Karen Fox, John and Martha Monick, Lon Drake, Phil Zell, Piyush and Priti .Patel. The Mayor declared the motion carried, 6/0, Wilburn absent. Moved by Wright, 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. 08-4309, AMENDING TITLE 10 OF THE CITY CODE, ENTITLED USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," SECTION 4, ENTITLED "TEMPORARY USE OF SIDEWALK PERMITS" TO INCREASE THE DURATION OF THE TEMPORARY SIDEWALK PERMITS ON FRIDAYS IN THE SUMMER, be voted on for final passage at this time. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the motion carried. Moved by Champion, seconded by O'Donnell, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Correia, to adopt RES. 08-197, WAIVING ALL CITY-OWNED UTILITY CHARGES FOR CONSUMPTION IN JUNE AND JULY, 2008, FOR ALL PROPERTIES (RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL) WHICH HAVE SUFFERED INTERIOR STRUCTURE PENETRATION BY FLOOD WATER AS A RESULT OF THE 2008 FLOODING. Finance Director O'Malley present for discussion. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Moved by Hayek, seconded by Correia, to adjourn to special work session at 7:40 a.m. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. 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 JULY 15, 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: Lombardo, Helling, Dilkes, Karr. Davidson, O'Brien, Ralston, Klingaman, Fosse, Boothroy, Okerlund. The Mayor proclaimed Persons with Disabilities Day -July 26, 2008, Keith Ruff, Everett Conner Center accepting; International Justice Day -July 17, 2008, Kate Karacay accepting. Council Member Hayek stated he would be abstaining from voting on Consent Calendar due to a conflict of interest. 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: June 17, Regular Council Formal Official and Complete; June 23, Special Council Work Session; June 24, Special Council Formal Official and Complete; June 30, Special Council Work Session; July 3, Special Council Formal Official and Complete; July 3, Special Council Work Session. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Airport Commission -May 8, 2008; Airport Commission -May 22, 2008; Planning and Zoning Commission -June 19, 2008; Planning and Zoning Commission -June 5, 2008; Planning and Zoning Commission -May 15, 2008; Senior Center Commission -May 20, 2008; Senior Center Commission -March 18, 2008; Senior Center Commission - April 15, 2008; Historic Preservation Commission -May 22, 2008; Parks and Recreation Commission -April 28, 2008; Telecommunications Commission -June 2, 2008; Public Library Board of Trustees -May 22, 2008; Human Rights Commission - May 20, 2008; Board of Adjustment -May 14, 2008; Police Citizens Review Board - June 10, 2008. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Short's Burger and Shine, LLC, dba Short's Burger and Shine, 18 S. Clinton Street; Class B Beer Permit for Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival Tent A, 2140 Rochester Ave.; Class B Beer Permit for Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival Tent B, 2140 Rochester Ave.; Class C Liquor License for DTW, Inc., dba T.C.B. 114 E. College St. Renewal: Class C Liquor License for Etre, LLC, dba Etc., 118 S. Dubuque St.; Class B Beer Permit for NPC International, Inc., dba Pizza Hut #4358,1926 Keokuk St.; Special Class C Liquor License for P & M Restaurant, Inc., dba Sushi Popo, 725 Mormon Trek Blvd.; Class C Liquor License for I.C. Mill Associates, LLC, dba Mill Restaurant, 120 E. Burlington St.; Outdoor Service Area for I.C. Mill Associates, LLC, dba Mill Restaurant, 120 E. Burlington St.; Class C Liquor License for Pub Gal, Inc., Complete Description July 15, 2008 Page 2 dba IC Uglys, 210 N. Linn St.; Class C Liquor License for Roy L. Chopek/Walter L. "Bud" Ott, Post #17 dba American Legion, Roy L. Chopek Post #17, 3016 Muscatine Avenue; Class E Liquor License for Hartig Drug Company, Inc., dba Hartig Drug Store #10, 701 Mormon Trek Blvd.; Class C Liquor License for J & E, Inc., dba Formosa Asian Cuisine, 241 E. College St.; RES. 08-198, TO ISSUE DANCE PERMITS to I.C. Mill Associates, LLC, dba Mill Restaurant, 120 E. Burlington St.; Etre, LLC, dba Etc., 118 S. Dubuque St.; Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival, 2140 Rochester Ave.; RES. 08-199, TO ISSUE CIGARETTE PERMITS to Iowa City Moose Lodge #1096, 3151 Highway 6 E., Smokers Unlimited, LLC, dba Konnexian, 106 S. Linn St.; Dublin Underground, Inc., dba Dublin Underground, 5 S. Dubuque St. Resolutions: RES. 08-200, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT FOR 2814 IRVING AVENUE; RES. 08-201, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 1417 FRANKLIN STREET, IOWA CITY, IOWA; RES. 08-202, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND AN AMENDED MORTGAGE FOR THE PROPERTY LOCATED AT 924 VAN BUREN STREET SOUTH, IOWA CITY, IOWA; RES. 08-203, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 841 RUNDELL STREET, IOWA CITY, IOWA; RES 08-204, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A STATEMENT OF LIFE LIEN AND AN AMENDED STATEMENT OF LIFE LIEN FOR THE PROPERTY LOCATED AT 1612 E COURT STREET, IOWA CITY, IOWA; RES. 08-205, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST CO., IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1552 DICKENSON LANE, IOWA CITY, IOWA; RES. 08-206, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST CO., IOWA CITY, IOWA FOR PROPERTY LOCATED AT 3017 STANFORD AVENUE, IOWA CITY, IOWA; RES. 08-207, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1622 WILSON STREET, IOWA CITY, IOWA; RES. 08-208, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 15 REGAL LANE, IOWA CITY, IOWA; RES. 08-209, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND RESIDENTIAL MORTGAGE NETWORK INC., CORALVILLE, IOWA FOR PROPERTY LOCATED AT 511 THIRD AVENUE, IOWA Complete Description July 15, 2008 Page 3 CITY, IOWA; RES. 08-210, ACCEPTING THE WORK FOR THE MERCER PARK AQUATIC CENTER ROOF REPLACEMENT PROJECT. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of NO PARKING ANYTIME signs on the west side of Wylde Green Road from between Benton Street and Ashley Street [Staff memorandum included]; JCCOG Traffic Engineering Planner regarding Installation of NO PARKING ANYTIME signs on the east side (outer curve) of Talwrn Court [Correspondence included -reference staff memorandum included with 3e(1)]; JCCOG Traffic Engineering Planner regarding Installation of NO PARKING ANYTIME signs on the south side of Kineton Green from Sunset Street to Wylde Green Road [Correspondence included; reference staff memorandum included with 3e(1)]; JCCOG Traffic Engineering Planner regarding removal of existing NO PARKING 10AM-4PM MONDAY-FRIDAY signs on the south side of Oakcrest Street between Sunset Street and George Street (1200&1300 Blocks) [staff memorandum and correspondence included]; JCCOG Traffic Engineering Planner regarding Installation of on-street metered parking spaces and establishment of parking meter terms on the 300 block of College Street; JCCOG Traffic Engineering Planner regarding Installation of (3) STOP signs - (1) on the northwest corner of Middlebury Road and Westbury Drive intersection, (1) on the southeast corner of Middlebury Road and Westbury Drive intersection, and (1) on the northwest corner of the Middlebury Road and Eastbury Drive intersection; JCCOG Traffic Engineering Planner regarding Removal of three on-street metered parking spaces and establishment of PARKING OFFICE CUSTOMERS ONLY 20 MINUTE LIMIT 7AM- 6PM MON-SAT signs on the 300 block of Iowa Avenue; Dianne Jones X2 regarding Wal-Mart Super Center Support; Brian Loring regarding BIC's position on Burlington Street; Elizabeth Foster Hill for Barbara Mitchell regarding Wetherby, Isaac A. House 611 North Governor; Jim Cochran regarding Smoking in the Ped Mall; Charlotte Walker, Richard Tibbetts regarding Suggestion and appeal regarding Oakland Cemetery grave/niche purchases; Pat Farrant regarding Animal sheltering issues; Tim Taffe regarding Restoring 726 Iowa Avenue to previous duplex classification; Chris Rhatigan regarding New Press-Citizen reporter; Jake Dunshee regarding Greenwood Railroad Crossing; Joe Bolkcom regarding Grant Opportunities; Ivan Hall regarding Considerations for Idyllwild Condo Buyout. Affirmative roll call vote unanimous, 6/0, Hayek abstaining. The Mayor declared the motion carried. The following individuals appeared regarding flooding matters: Steve McGuire, Parkview Terrace neighborhood; Charlie Eastham, 37 Colwyn Court, Idyllwild subdivision; and Sherry Christoffer, 1550 S. Gilbert St. Moved by Wilburn, seconded by Wright, to accept correspondence from Dr. LeAnn Anderson submitted by Ms. Christoffer. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Hayek, seconded by O'Donnell, to set a motion setting a public hearing for August 11 on an ordinance amending the conditional zoning agreement to modify the concept site plan for approximately 25.16-acres of property in the Community Commercial (CC-2) Zone for Westport Plaza including Wal-Mart at 855, 911 & 1001 Highway 1 West (REZ08-00006). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description July 15, 2008 Page 4 A public hearing was held on a resolution approving vacation of the Northtowne Parkway right-of-way and partial release of public access easement within Highlander Development, Third Addition, Iowa City, Iowa (VAC08-00002). Moved by Champion, seconded by O'Donnell, to continue public hearing to August 26. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Wright, to defer to August 26 a resolution approving vacation of the Northtowne Parkway right-of-way and partial release of public access easement within Highlander Development, Third Addition, Iowa City, Iowa. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance rezoning approximately .28 acres located at 700 South Dubuque Street from Community Commercial (CC-2) to Intensive Commercial (CI-1) (REZ08-00007). PCD Director Davidson present for discussion. The Mayor requested ex parte communications, and none were reported. Atty. Sarah Swartzendruber, representing the applicant, appeared. Moved by O'Donnell, seconded by Correia, that the ordinance rezoning approximately .28 acres located at 700 South Dubuque Street from Community Commercial (CC-2) to Intensive Commercial (CI-1) (REZ08-00007), be given first vote. PCD Director Davidson present for discussion. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: O'Donnell, Wilburn, Wright, Bailey, Correia, Hayek. Nays: Champion. Absent: None. Moved by Wilburn, seconded by Wright, that the ordinance amending Title 15, Land Subdivisions, by repealing Title 15 in its entirety and replacing it with a new Title 15, Land Subdivisions, be given first vote. Individual Council Members expressed their views. PCD Director Davidson present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, 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. 08-4310, CONDITIONALLY REZONING APPROXIMATELY 10.08 ACRES OF LAND LOCATED NORTH OF HIGHWAY 6, EAST OF SCOTT BOULEVARD, AND WEST OF COMMERCE DRIVE FROM INTENSIVE COMMERCIAL (CI-1) ZONE TO COMMUNITY COMMERCIAL (CC-2) ZONE (REZ08-00003), 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. The Mayor requested ex parte communications, and none were reported. Moved by Wilburn, seconded by Hayek, 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 Wilburn, seconded by Hayek, to accept correspondence from Mary Jo Streb. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by O'Donnell, 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. 08-4311, REZONING APPROXIMATELY 9.48 ACRES OF LAND LOCATED SOUTH OF OLIVE COURT AND LEAMER COURT AND EAST OF MARIETTA AVENUE FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) ZONE TO PLANNED DEVELOPMENT Complete Description July 15, 2008 Page 5 OVERLAY (OPD-8) (REZ08-0001) (Neuzil) be voted on for final passage at this time. The Mayor requested ex parte communications, and none were reported. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Champion, Correia, O'Donnell, Wilburn, Wright, Bailey. Nays: Hayek. Absent: None. Moved by Wilburn, seconded by Wright, that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote. Ayes: Correia, O'Donnell, Wilburn, Wright, Bailey, Champion. Nays: Hayek. Absent: None. Moved by O'Donnell, seconded by Hayek, to accept correspondence from Ronald Amelon. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to adopt RES. 08-211, APPROVING THE PRELIMINARY PLAT OF HENDRICKSON LYTHAM CONDOMINIUMS, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Champion, to adopt RES. 08-212, APPROVING THE FINAL PLAT OF KENNEDY'S WATERFRONT ADDITION PART FIVE, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Hayek, seconded by O'Donnell, to accept correspondence from Dorsey Phelps. 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 2 of the City Code, entitled "Human Rights," Chapter 3, entitled "Discriminatory Practices" to except small employers from discrimination claims and Chapter 4, entitled "Enforcement," to increase the time period for filing a discrimination claim, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Correia, seconded by Champion, to adopt RES. 08-213, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE WASHINGTON HILLS NEIGHBORHOOD ART PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. Neighborhood Coordinator Klingaman present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared resolution adopted. Moved by Wright, seconded by Correia, to adopt RES. 08-214, AUTHORIZING THE INSTALLATION OF SPEED HUMPS IN THE 1000-1200 BLOCKS OF FOSTER ROAD. Paul Show and Dean Thornberry appeared. Transportation Planner Ralston 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. Moved by Wilburn, seconded by Hayek, to accept correspondence from Jamie Tisdale, Paula and Lowell Brandt, Gary Frakes, George Perry, Walter Way, Susan Wells. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wright, seconded by O'Donnell, to adopt RES. 08-215, AWARDING CONTRACT to Maxwell Construction for $ 165,312.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE HIGHLAND COURT WATER MAIN REPLACEMENT PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description July 15, 2008 Page 6 Moved by Correia, seconded by Hayek, to adopt RES. 08-216, REJECTING BIDS RECEIVED ON JULY 8, 2008 FOR THE 2008 DURABLE PAVEMENT MARKING PROJECT, AND SETTING A NEW DATE FOR RECEIPT OF BIDS FOR THE REBIDDING OF THE 2008 DURABLE PAVEMENT MARKING PROJECT, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Champion, to adopt RES. 08-217, AWARDING CONTRACT to Municipal Pipe & Tool Co. for $ 161,437.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2008 SANITARY SEWER REHABILITATION PROJECT. 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. 08-218, AWARDING CONTRACT to T & K Roofing for $286,763.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE ROBERT A. LEE RECREATION CENTER ROOF MEMBRANE REPLACEMENT PROJECT. 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. 08-219, AUTHORIZING THE EXECUTION OF AN AMENDED CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR PARATRANSIT SERVICE FOR THE PERIOD OF JULY 1, 2008 THROUGH JUNE 30, 2013. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Hayek, seconded by O'Donnell, to adopt RES. 08-220, ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. The following individuals appeared: Ellen Sweet, 1219 Oakcrest St.; and Dean Thornberry, representing T & Z Partners. HIS Director Boothroy 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 vacancy on Historic Preservation Commission to fill an unexpired term ending March 29, 2009. Applications must be received by 5:00 p.m., Wednesday, August 6, 2008. Moved by Correia, seconded by Wright, to appoint Elizabeth Cummings, 725 Bradley Street, to the Civil Service Commission to fill afour-year term April 7, 2008 -April 2, 2012; appoint Andy Douglas, 2721-D Muscatine Avenue and Rebecca McMurray, 1904 Gleason Avenue, to the Housing & Community Development Commission for two (2) three-year terms September 1, 2008 -September 1, 2011; appoint Michelle Payne, to the Planning & Zoning Commission to fill an unexpired term ending May 1, 2010. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Correspondence was received from Michelle Payne. Complete Description July 15, 2008 Page 7 The Mayor noted the following vacancies received no applications and will 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; Housing & Community Development Commission to fill athree-year terms September 1, 2008 -September 1, 2011; Police Citizens Review Board for two vacancies to fill four-year terms September 1, 2008 -September 1, 2012; Youth Advisory Commission to fill a two year term for January 1, 2008 -December 31, 2009 for One (1) person -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 Wilburn wished everyone participating in RAGBRAI good luck, and unveiled the North Liberty shirts commemorating the Thursday night stop. In response to Council Member O'Donnell, the City Manager reported the Iowa Avenue bridge could be closed a month and he would follow up with information. Council Member Champion inquired as to the procedure for reporting the poor condition of dumpsters on private property. City Atty. Dilkes suggested HIS Director Boothroy be informed. Mayor Bailey thanked all the volunteers who helped throughout the City during flood recovery efforts; and United Way for coordination of volunteers. She noted the need for volunteers for removing sandbags, and encouraged citizens to check the City website for additional information. Moved by O'Donnell, seconded by Hayek, to adjourn at 9:00 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Regenia D. Bailey, Mayor Marian K. Karr, City Clerk