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HomeMy WebLinkAbout2008-08-26 Council minutes* Revised 9/5/08 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 26, 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, Kuecker, Trueblood, Cate, Boothroy, O'Malley, Fosse. The Mayor proclaimed Welcome Week -August 23-29, 2008, Tara Edberg, Assistant Director Office of Student Life and Shannon Thomas accepting. Moved by Champion, seconded by Wright, that the following items and recommendations in the Consent Calendar be received, or approved and/or adopted as presented: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: August 11, Special Council Work Session; August 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): Planning and Zoning Commission -July 14, 2008; Planning and Zoning Commission -July 17, 2008; Senior Center Commission -June 17, 2008; Board of Adjustment -July 9, 2008; Historic Preservation Commission -July 24, 2008; Public Art Advisory Committee - June 5, 2008; Housing and Community Development Commission -May 15, 2008; Police Citizens Review Board -July 1, 2008. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Etre Restaurant Group, LLC, dba Takanami, 219 Iowa Avenue. Renewal: Class C Liquor License for Jaxco, LLC, dba Blackstone, 503 Westbury Drive Suite 1; Deny Outdoor Service Area for Jaxco, LLC, dba Blackstone, 503 Westbury Drive Suite 1 (Letter From Police Chief Hargadine included in packet.); Special Class C Liquor License for J.J.G., LLC, dba T.Spoons, 301 E. Market St.; Class C Liquor License for Chipotle Mexican Grill Inc. of Colorado dba Chipotle Mexican Grill, 201 S. Clinton St. Suite 112; Outdoor Service Area for Chipotle Mexican Grill Inc. of Colorado dba Chipotle Mexican Grill, 201 S. Clinton St. Suite 112; Class C Liquor License for Cream, LLC. dba Union Bar, 121 E College St.; Class C Beer Permit for Casey's Marketing Company dba Casey's General Store #2761, 204 N. Dubuque St.; Class C Beer Permit for Casey's Marketing Company dba Casey's General Store #2781, 1410 Willow Creek Dr.; Class C Beer Permit for Parth Mini Mart, Inc., dba Parth Mini Mart, 2153 ACT Circle; Class C Beer Permit for New Pioneer Cooperative Society dba New Pioneer Co Op Fresh Food Market, Iowa City, 22 S. Van Buren St.; Class C Liquor License for Atlas World Grill, Inc., dba Atlas World Grill, Inc., 127 Iowa Ave.; Class C Liquor License for Hall Place Ventures, Corp. dba Airliner Bar, 22 S Clinton St.; RES. 08-250, TO ISSUE DANCING PERMIT for Cream, LLC. dba Union Bar, 121 E College St. 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 26, 2008 Iowa 'ty City Council special meeting 7:00 p.m. at City Hall Mayor Bailey presiding. Council Memb s present: Bailey, Champion, Correia, Hayek, O'D nnell, Wilburn, Wright. Absent: None. ff members present: Lombardo, Helling, Dike ,Karr, Davidson, Kuecker, Trueblood, Cate, othroy, O'Malley, Fosse. The Mayor pr laimed Welcome Week -August 23-29 2008, Tara Edberg, Assistant Director Office. of Stud t Life and Shannon Thomas accept' g. Moved by Champ n, seconded by Wright, that the f Ilowing items and recommendations in the C sent Calendar be received, o approved and/or adopted as presented: Approval of Cou it Actions, subject to co ections, as recommended by the City Clerk: August 11, Sp cial Council Work Se sion; August 11, Special Council Formal Official and Comple Receive and File Minu s of Boards a d Commissions (any recommendations contained in minutes become ective only pon separate Council action): Planning and Zoning Commission -July 1 2008; P anning and Zoning Commission -July 17, 2008; Senior Center Commission - une 7, 2008; Board of Adjustment -July 9, 2008; Historic Preservation Commission - ul 24, 2008; Public Art Advisory Committee - June 5, 2008; Housing and Communi Development Commission -May 15, 2008; Police Citizens Review Board -July 08. Permit Motions and Resolut' ns a Recommended by the City Clerk. New: Class C Liquor License for tre Res urant Group, LLC, dba Takanami, 219 Iowa Avenue. Renewal: Class Liquor Lice se for Jaxco, LLC, dba Blackstone, 503 Westbury Drive Suite 1; Deny utdoor Servic rea for Jaxco, LLC, dba Blackstone, 503 Westbury Drive Suite 1 etter From Police hief Hargadine included in packet.); Special Class C Liquor Lic se for J.J.G., LLC, d T.Spoons, 301 E. Market St.; Class C Liquor License fo Chipotle Mexican Grill I . of Colorado dba Chipotle Mexican Grill, 201 S. Cli on St. Suite 112; Outdoor rvice Area for Chipotle Mexican Grill Inc. of Colorado d Chipotle Mexican Grill, 201 Clinton St. Suite 112; Class C Liquor License for Cre m, LLC. dba Union Bar, 121 E C Ilege St.; Class C Beer Permit for Casey's rketing Company dba Casey's Gen al Store #2761, 204 N. Dubuque St.; Clas C Beer Permit for Casey's Marketing C pany dba Casey's General Store #2 1, 1410 Willow Creek Dr.; Class C Beer rmit for Parth Mini Mart, Inc., dba Parth ini Mart, 2153 ACT Circle; Class C Beer Per 'for New Pioneer Cooperative S ciety dba New Pioneer Co Op Fresh Food Marke Iowa City, 22 S. Van Buren .; Class C Liquor License for Atlas World Grill, Inc., d~a Atlas World Grill, Inc., 127 I a Ave.; Class C Liquor License for Hall Place Ventures; Corp. dba Airliner Bar, 22 S Clinton St.; RES. 08-250, TO ISSUE DANCING PERMIT for Cream, LLC. dba Union Bar, 121 E College St. Complete Description August 26, 2008 Page 2 Motion: Approve disbursements in the amount of $20,986,382.09 for the period of July 1 through July 31, 2008, as recommended by the Finance Director subject to audit. Public Hearings: RES. 08-251, SETTING A PUBLIC HEARING FOR SEPTEMBER 9, 2008 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR REMOVAL OF FLOOD-RELATED SAND AND DEBRIS FROM CITY PARK, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 08-252, RELEASING THE OBLIGATION TO INSTALL A SIDEWALK ACROSS OUTLOT D, LINDEMANN SUBDIVISION, PART THREE, IOWA CITY, IOWA; RES. 08-253, ACCEPTING THE WORK FOR THE 2008 DUBUQUE /CHURCH STREET RADIUS IMPROVEMENT PROJECT; Authorizing the transfer of $568.19, which is the remainder of the $75,000 Iowa City Small Business Flood Relief Assistance Program Funds, to the Chamber Small Business Flood Relief Fund; RES. 08-254, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A CONDITIONAL GRANT AGREEMENT FOR THE PROPERTY LOCATED AT 1153 - 1155 HOTZ AVENUE, IOWA CITY, IOWA; RES. 08-255, 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 304 DOUGLAS COURT, IOWA CITY, IOWA; RES. 08-256, APPROVING THE CITY STREET FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2008. Correspondence: JCCOG Traffic Engineering Planner regarding Removal of (1) NO PARKING FIRE LANE sign and removal of (1) NO PARKING PASSENGER LOADING ZONE 8 AM-5PM MON-FRI sign on the east side of the 200 block of Johnson Street; JCCOG Traffic Engineering Planner regarding Installation of on-street metered parking spaces and establishment of parking meter terms on the 800 block of South Dubuque Street; JCCOG Traffic Engineering Planner regarding Installation of on- street metered parking spaces and establishment of parking meter terms on the 10 and 100 block of Court Street and installation of a loading zone in front of 336 Court Street; Melissa Bruns regarding Request from Evanston Big 10 City [staff response included]; Rod Sullivan regarding Street lighting; Molly Dennis regarding Floodwalls for the University of Iowa [response from University staff included]; Martin Deane regarding Iowa police instructions concerning auto insurance; Dennis Kowalski regarding New to Iowa City. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance amending 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 Director Davidson present for discussion. The Mayor requested Council Members disclose ex parte communications, and individuals Council Members shared information. The following individuals appeared: Atty. Bob Downer, Complete Description August 26, 2008 Page 3 representing Wal-Mart Stores, 122 S. Linn St.; Tom Carsner, 1627 College Ct. Place; Mary Gravitt, 2714 Wayne; Libris Fidelis, Johnson County Green Party, PO Box 10099; Geoffrey Hacker, 2601 Lakeside; Jesse Case; Cynthia Michel; Maureen Michel; Bill Fiordelise; Atty. Wally Taylor, representing Iowa City Stop Wal-Mart; Tom Reinier, 309 Moswood Lane; Matt Kearney; Gary Sanders, Chairman of Iowa City Stop Wal-Mart; Aaron Elliott; and John Balmer, 10 Princeton Ct. Moved by Wilburn, seconded by Correia, to accept correspondence from Grazyna Kochanska. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Hayek, that 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), be given first vote. Individual Council Members expressed their views. Wal-Mart representative Ryan Horn responded to questions. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Champion, Correia, Hayek, O'Donnell, Wilburn, Bailey. Nays: Wright. Absent: None. 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). No one appeared. Moved by Hayek, seconded by Correia, to adopt RES. 08-257, APPROVING VACATION OF THE NORTHTOWNE PARKWAY RIGHT-OF-WAY AND PARTIAL RELEASE OF PUBLIC ACCESS EASEMENT WITHIN HIGHLANDER DEVELOPMENT, THIRD ADDITION, IOWA CITY, IOWA. 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 authorizing conveyance of vacated Northtowne Parkway right-of-way located in Highlander Development, Third Addition to Southgate BP Properties. No one appeared. Moved by Wright, seconded by Champion, to adopt RES. 08-258, AUTHORIZING CONVEYANCE OF VACATED NORTHTOWNE PARKWAY RIGHT-OF-WAY LOCATED IN HIGHLANDER DEVELOPMENT, THIRD ADDITION TO SOUTHGATE BP PROPERTIES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by O'Donnell, that ORD. 08-4313, AMENDING TITLE 15, LAND SUBDIVISIONS, BY REPEALING TITLE 15 IN ITS ENTIRETY AND REPLACING IT WITH A NEW TITLE 15, LAND SUBDIVISIONS, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. A public hearing was held deciding the appeal to City Council of the decision of the Historic Preservation Commission regarding the Certificate of Appropriateness to alter the roof slope when removing the built in gutters on the building located at 803 E. College Street. Urban Planner Kuecker present for discussion. The following individuals appeared: Historic Preservation Chairperson Lindsay Bunting Eubanks and Historic Preservation Commission Member Jim Ponto. Moved by Champion, seconded by Wright, affirming the decision of the Historic Preservation Commission Decision regarding the Certificate of Appropriateness to alter the roof slope when removing the built in gutters on the building located at 803 E. College Street. Complete Description August 26, 2008 Page 4 Individual Council Members expressed their views. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution instituting proceedings to take additional action for the authorization of a loan agreement and the issuance of not to exceed $18,500,000 General Obligation Refunding Capital Loan Notes, Series 20086. Finance Director O'Malley present for discussion. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 08-259, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $18,500,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 20086. 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 instituting proceedings to take additional action for the authorization of a loan agreement and the issuance of not to exceed $27,000,000 Sewer Revenue Refunding Capital Loan Notes, Series 2008C. No one appeared. Moved by Wilburn, seconded by Wright, to adopt RES. 08-260, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $27,000,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2008C. 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 instituting proceedings to take additional action for the authorization of a loan agreement and the issuance of not to exceed $10,300,000 Sewer Revenue Refunding Capital Loan Notes. No one appeared. Moved by Wilburn, seconded by Champion, to adopt RES. 08-261, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $10,300,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES. 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 instituting proceedings to take additional action for the authorization of a loan agreement and the issuance of not to exceed $8,000,000 Water Revenue Refunding Capital Loan Notes, Series 2008D. No one appeared. Moved by Hayek, seconded by Correia, to adopt RES. 08-262, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $8,000,000 WATER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2008D. 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 instituting proceedings to take additional action for the authorization of a loan agreement and the issuance of not to exceed $11,000,000 Water Revenue Refunding Capital Loan Notes. No one appeared. Moved by O'Donnell, seconded by Wright, to adopt RES. 08-263, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $11,000,000 WATER REVENUE REFUNDING CAPITAL LOAN NOTES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description August 26, 2008 Page 5 A public hearing was held on a resolution authorizing conveyance of an easement to MidAmerican Energy for utility lines and a switchbox. No one appeared. Moved by Wright, seconded by O'Donnell, to adopt RES. 08-264, AUTHORIZING CONVEYANCE OF AN EASEMENT TO MIDAMERICAN ENERGY FOR UTILITY LINES AND A SWITCHBOX. City Atty. Dilkes noted minor changes to the easement. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Water Treatment Plant Automatic Source Transfer 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. 08-265, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATER TREATMENT PLANT AUTOMATIC SOURCE TRANSFER PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, form of contract and estimate of cost for the construction of the Waterworks Prairie Park Fishing Pier Project, establishing amount of bid security, directing City Clerk to publish advertisement for bids and fixing time and place for receipt of bids. No one appeared. Moved by Wright, seconded by Correia, to adopt RES. 08-266, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATERWORKS PRAIRIE PARK FISHING PIER PROJECT, ESTABLISHING AMOUNT OF BID SECURITY, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Parks & Recreation Director Trueblood present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution authorizing amending the real estate contract executed on November 21, 1995 with Hawkeye Area Community Action Program (HACAP) for the sale of 1926 and 1946 Broadway, also described as Lot 2 of Block 2, Braverman Center, Iowa City, Iowa. No one appeared. Moved by O'Donnell, seconded by Champion, to adopt RES. 08-267, AUTHORIZING AMENDING THE REAL ESTATE CONTRACT EXECUTED ON NOVEMBER 21, 1995 WITH HAWKEYE AREA COMMUNITY ACTION PROGRAM (HACAP) FOR THE SALE OF 1926 AND 1946 BROADWAY, ALSO DESCRIBED AS LOT 2 OF BLOCK 2, BRAVERMAN CENTER, IOWA CITY, IOWA. AI Axeen and Housing & Inspection Services Director Boothroy 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 Correia, that the ordinance amending Title 6, entitled "Public Health and Safety," to declare additional areas as nonsmoking places and Title 3, entitled "City Finances, Taxation and Fees," to increase the fine for littering in City Plaza, be Complete Description August 26, 2008 Page 6 given first vote. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Wright, that the ordinance amending Title 17 of the City Code, entitled "Building and Housing," Chapter 5, entitled, "Housing Code," to make the definitions and other provisions consistent with the zoning code and building related codes and to increase the safety of owner occupied and rental housing, be given first vote. Senior Building Inspector Cate present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Hayek, seconded by Champion, to accept correspondence from Jean Walker, Jesse Singerman, Marianne Mason, Marshall Poe. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Hayek left the room due to a conflict of interest. Moved by Champion, seconded by Correia, to adopt RES. 08-268, AWARDING THE VEHICLE TOWING AND STORAGE SERVICES CONTRACT TO BIG 10 UNIVERSITY TOWING, INC. Affirmative roll call vote unanimous, 6/0, Hayek abstaining. The Mayor declared the resolution adopted. Council Member Hayek returned to the meeting. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 08-269, APPROVING SUBMISSION TO THE STATE OF IOWA A NOTICE OF INTEREST IN APPLYING FOR HAZARD MITIGATION GRANT PROGRAM BENEFITS FOR THE PURPOSE OF ACQUIRING FLOODED PROPERTIES. 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 Wright, seconded by Wilburn, to accept correspondence from Mary Wallace. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by O'Donnell, to grant a 30-day extension to the Police Citizens Review Board for the filing of the public report with the City Council on Complaint #08-04. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 08-270, RATIFYING THE SETTLEMENT OF PENDING LITIGATION, for Clarence Funk. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Wright, to adopt RES. 08-271, AMENDING THE SETTLEMENT OF PENDING LITIGATION, for Loren Jones. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor announced the current vacancy on Youth Advisory Commission to fill an unexpired plus a two year term, effective upon appointment, ending December 31, 2010. Applications must be received by 5:00 p.m., Wednesday, October 1, 2008. See correspondence included in Council packet. Moved by Correia, seconded by Wright, to accept correspondence from Lin Weeks. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously announced vacancy on 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. Moved by Correia, seconded by Wright, to appoint Michael McKay, 1105 Keokuk Street, to the Housing & Community Development Commission to fill athree-year term Complete Description August 26, 2008 Page 7 September 1, 2008 -September 1, 2011; appoint Jane Braverman, 55 Redbud Place, and Abigail Yoder, 1528 McKinley Place, to the Police Citizens Review Board for two vacancies to fill four-year terms September 1, 2008 -September 1, 2012; appoint Patrick Diamitani, 2541 Clearwater Court, to the 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. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted no applications were received for the vacancies on the Airport Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus afive- yearterm ending December 31, 2011 and Airport Zoning Commission to fill asix-year term January 1, 2006 -December 31, 2011, and will be readvertised. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Janet Trimble, 103 Taft Speedway, appeared regarding a timeframe for buyout of flooded properties. The City Manager responded to questions, and the City Attorney stated she would mail her information. Marc Linder appeared regarding the Smoke Free Air Act. And City non-compliance. Council Member Correia congratulated Iowa Citian Henri Harper on his daughter's accomplishment winning the 100-meter hurdle at the Beijing Olympics. Council Member Wright welcomed back everyone to Iowa City and his hope for a wonderful semester. Mayor Bailey encouraged everyone to participate in the Welcome Week activities; and noted Women's Equality Day on August 26. Moved by O'Donnell, seconded by Hayek, to adjourn at 9:25 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members esent. is D. Bailey, Mayo ;~! %~E~' Mar 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 - 8/1108 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 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: 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 Bluebird Diner, 330 E. Market St. Renewal: Class C Liquor License for Skybox, 124'/2 E. Washington St.; Class C Liquor License for Martini's, 127 E. College St.; Outdoor Service Area for Martini's, 127 E. College St.; Class C Liquor License for George's Buffet, 312 E. Market St.; Class C Liquor License for Field House, 111 E. College St.; Class C Liquor License for One Twenty Six, 126 E. Washington St.; Class C Liquor License for Sports Column, 12 S. Dubuque St.; Special Class C Liquor License for Englert Theatre, 221 E. Washington St.; Class B Beer Permit for Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd.; Outdoor Service Area for Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd.; Class E Liquor License for Hy-Vee Drugstore, 310 N. First Ave.; Class C Beer Permit for DeliMart #1, 525 Hwy 1 West; Class C Beer Permit for DeliMart #2, 1920 Lower Muscatine Rd.; Class C Beer Permit for DeliMart #3, 2410 Mormon Trek Blvd.; Class C Beer Permit for DeliMart #5, 206 E. Benton St.; Class C Beer Permit for Big Kmart #4315, 901 Hollywood Blvd.; Class C Beer Permit for I.C. Pit Stop, 300 Kirkwood Ave.; RES. 08- 221, TO ISSUE DANCE PERMIT to Field House, 111 E. College St. RES. 08-222, TO ISSUE CIGARETTE PERMIT to T.C.B., 114 E. College St. Official Actions August 11, 2008 Page 2 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 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 Official Actions August 11, 2008 Page 3 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 2nd 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]; 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 Official Actions August 11, 2008 Page 4 [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). 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 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 and seconded to continue public hearing to August 26, to allow the conditional zoning agreement to be signed by all parties. Moved and seconded to accept correspondence from Dennis Mitchell, Tom Carsner, Patty Villhauer, Wallace Taylor, Gary Sanders, Ed Barker. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded 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). The Mayor declared the motion carried. Moved and seconded to accept correspondence from Sarah Swartzendruber (2). 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 second vote. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded 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. Official Actions August 11, 2008 Page 5 Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. Moved and seconded to adopt RES. 08-249, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2008 DURABLE PAVEMENT MARKING PROJECT. 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. Official Actions August 11, 2008 Page 6 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. Moved and seconded 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. Moved and seconded to adjourn back to Council work session at 8:53 p.m. The Mayor declared the motion carried. A more complete description of Council activities and disbursements is on file in the office of the City Clerk and Finance epartment. s/Regenia D. Bailey, Mayor ` s/Marian K. Karr, City Clerk Submitted for publication - 8/19/08. 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 a six-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 unanimously, 7/0, all Council Members present. Regenia D. Bailey, Mayor Marian K. Karr, City Clerk r -- ~~~~,®~,~ CITY OF [~V~lA CITY 3a1 ~~~ ~ u ~~Mo Date: August 11, 2008 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, August 11, 2008, 5:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn (5:35), Wright Staff: Lombardo, Helling, Dilkes, Karr, Jensen, Morck, Trueblood, O'Malley, Davidson, Long, O'Brien, Ford, Hightshoe, Morris, Knoche (A complete transcription is available in the City Clerk's Office) COUNCIL APPOINTMENTS Historic Preservation Commission -Frank Wagner OUTDOOR SERVICE AREAS NEAR RESIDENTIAL ZONES (BLACKSTONE'S) [IP2 of 8/7 Info packet] PCD Dir. Davidson present for discussion. Majority of Council agreed to retain the present regulation that prohibited outdoor services areas within 100 feet of a residential zone. Brian Flynn, owner of Blackstone's, appeared. RECOMMENDATIONS FROM TASK FORCE ON VIOLENCE AGAINST WOMEN [IP3 of 8/7 Info Packet] Council Member Correia reported on the recommendations of the Task Force. Majority of Council directed staff to review the recommendations and provide feedback to Council on how the City could address the recommendations and potential costs. Wilburn suggested that projects be identified in the upcoming Capital Improvement Program that addresses the recommendations as well. STAFF ACTION: Discuss at August 13th staff meeting and prepare a report back to Council with information requested. (Lombardo and Helling) FLOOD MITIGATION BUYOUTS -NOTICE OF INTEREST (NOI) PCD Dir. Davidson and Community Development Coordinator Long distributed a map of the "Voluntary Flood Buy Out - as of 8/11/08", and updated Council. A memo from Flood Plan Administrator Tallman "Idyllwild Condominiums -flood plan designation" was also distributed. Majority of Council directed staff to prepare NOI (Notice of Interest) for all 245 properties identified in Parkview Terrace Subdivision; Idyllwild and Taft Speedway. STAFF ACTION: Schedule NOI for Council approval on 8/26 meeting. (Davidson) Council Work Session August 11, 2008 Page 2 POTENTIAL SALE OF CITY PROPERTY (City Manager Memo distributed loose in Thursday Packet "August 11 -Work Session") City Manager Lombardo and PCD Dir. Davidson addressed questions regarding sale of three City owned properties (intersection of Capitol and Harrison) to Johnson County. Council majority directed the City Manager to proceed with a purchase agreement to include language giving the City a first right of refusal should the County wish to sell the properties and an acknowledgement by the County that redevelopment plans be consistent with the City's Plan for the area. STAFF ACTION: Negotiate the property sale with the two provisions noted and bring to Council for approval. (Lombardo) AGENDA ITEMS 1. Council Member Champion distributed a letter regarding a sidewalk assessment, and health conditions regarding the property owner. City Atty. Dilkes and City Clerk Karr stated that no more letters would be sent to the owner, and the property would be assessed to the County for collection with property taxes. Majority agreed to the procedure. Council adjourned to the formal meeting and 6:50 PM and returned to the work session at 8:53 PM. INFORMATION PACKET DISCUSSION (IP21 of the 8/7 Information Packet -Youth Advisory Commission Draft Minutes) Council Member Wilburn noted the draft Youth Advisory Commission minutes, and summarized the request for Council to consider removing the requirement that Commission members be Iowa City residents. Majority of Council agreed to retain the residency requirement. COUNCIL TIME None SCHEDULE OF PENDING DISCUSSION ITEMS (IP4 of 8/7 Information Packet) 1. Majority of Council agreed to the following changes on the pending list: SEPTEMBER ^ Snow Removal Policies ^ Affordable Housing Market Analysis (including Usability/Accessibility Incentives) ^ Green Initiatives ^ Curbside Recycling fro Multi Family/Commercial Refuse Pick Up/Co-Mingling Recyclables ^ Commercial Vehicle Congestion Downtown Council Work Session August 11, 2008 Page 3 PRIORITY ^ Flood Plain Issues ^ Violence Against Women Task Force Recommendations ADDITIONS TO THE LIST ^ Alley Inventory 2. Council Member Hayek requested final cost figures for the brickwork done on Church Street in front of the University President's house. Staff will report back. 3. Mayor Bailey requested confirmation that the sidewalk project on Washington Street (in front of the Jefferson Building) would match the surrounding sidewalk and include the aggregate exposed. Staff will follow up. UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS None DISCUSSION OF MEETING SCHEDULE None Meeting adjourned 9:10 PM.