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HomeMy WebLinkAbout2008-09-09 Council minutes4a 3 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES SEPTEMBER 9, 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, O'Brien, Davidson, Tharp, Cate, O'Malley. The Mayor proclaimed: Dottie Ray Day -September 5, 2008; Suicide Prevention Week - September 7-13, 2008, Sarah Witry, Crisis Center Board Member accepting. Fire Chief Rocca presented the Mayor with the Iowa City Fire Department Accreditation Certificate recognizing Iowa City as one of 128 worldwide accredited departments. Moved by O'Donnell, seconded by Hayek, 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 25, Special Council Formal Official and Complete; August 25, Special Council Work Session; August 26, 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): Parks and Recreation Commission -July 16, 2008; Telecommunications Commission -July 28, 2008; Public Library -July 24, 2008; Historic Preservation Commission -August 14, 2008; Housing and Community Development Commission -July 17, 2008; Planning and Zoning Commission -August 7, 2008; Human Rights Commission -July 22, 2008; Airport Commission -June 9, 2008; Airport Commission -June 13, 2008; Airport Commission -July 10, 2008; Airport Commission: August 4, 2008. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Corner of the Meadow, Inc., dba Motley Cow Cafe, 160 N. Linn Street; Class B Wine Permit for Prairie Table, Inc., dba Prairie Table, 223 E. Washington St.; Class C Beer Permit for L & M Mighty shop, Inc., dba L & M Mighty Shop, Inc., 504 E. Burlington St.; Class C Beer Permit for ND Express, Inc., dba North Dodge Express, 2790 N Dodge St.. Public Hearings: RES. 08-272, SETTING A PUBLIC HEARING for September 23 ON AMENDING THE FY2009 OPERATING BUDGET. Resolutions: RES. 08-273, RESOLUTION NAMING DEPOSITORIES; RES. 08-274, ACCEPTING THE WORK FOR THE GRAND AVENUE ROUNDABOUT PROJECT. Correspondence: Acting Traffic Engineering Planner regarding Installation of (1) Iowa City Transit BUS STOP sign at the northwest corner of the Hawkeye Park Road/Melrose Avenue intersection; Acting Traffic Engineering Planner regarding Installation of NO PARKING ANYTIME signs on the north side of Scott Park Drive between Hummingbird Lane and Scott Boulevard; JCCOG Traffic Engineering Planner Complete Description September 9, 2008 Page 2 regarding Removal of (1) RESERVED HANDICAPPED PARKING sign assembly at the southwest corner of the intersection of Yewell Street and Ginter Avenue; JCCOG Traffic Engineering Planner regarding Installation of (1) YIELD sign at northwest corner and (1) YIELD sign at the southeast corner of the intersection of Soccer Park Road/Kountry Lane and Lehman Avenue; Rachelle Tsachor regarding Changes to 7th Avenue bus route; Nora Lee Balmer regarding Cul-de-sac; Kandi Reindl regarding Commission Forum's -Local Efforts to Clean up Nuisance Bars; Greg Allen regarding House Signing; Iowa City Alcohol Advisory Board letters from Leah Cohen, Brian Flynn. Acting Parking & Transit Director O'Brien responded to questions regarding changes to the 7m Avenue bus routes. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Orville Townsend, Sr., 713 Whiting Avenue thanked Council for their time and efforts after the flooding this summer, and encouraged the community to embrace diversity. Libris Fidelis, PO Box 10099, read a statement on intelligent planning in the community. Moved by Wilburn, seconded by Correia, to accept correspondence from Mr. Fidelis. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Leah Cohen, 1638 Teg Drive, shared frustrations regarding issues related to excessive drinking. Airport Commissioner Greg Farris updated Council on activities at the airport. Moved by Wright, seconded by Correia, to set a public hearing for September 23 on an ordinance amending Article 14-5B, Sign Regulations, to allow limited use of freestanding signs in the Central Business Service (CB-2) Zone, add a definition and standards for entranceway signs, and clarify regulations regarding signs on residential properties. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by O'Donnell, to set a public hearing for September 23 on an ordinance conditionally rezoning approximately 3.87 acres of property located south of Dodge Street and west of Scott Boulevard from Research Development Park (RDP) to Commercial Office (CO-1) (REZ08-00008). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Champion, 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 second vote. The Mayor requested Council Members disclose ex parte communications, and individual Council Members shared information. The following individuals appeared: Gary Sanders; Mary Gravitt; and Brandon Ross. Individual Council Members expressed their views. 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. Moved by Wilburn, seconded by O'Donnell, to accept correspondence from Dennis Mitchell, Steven Selzer, Robert Morey, Patrick Hughes, Grazyna Kochanska, Sarah Swisher, Mike McKay, Eliana Trenam, Alicia and Bart Ryan, Greg Delzer, James Hoffa, Jim Walters, and Larry Fleckenstein. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution approving plans, specifications, form of contract and estimate of cost for removal of flood-related sand and debris from City Park, Complete Description September 9, 2008 Page 3 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 Hayek, seconded by Correia, to adopt RES. 08-275, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR REMOVAL OF FLOOD-RELATED SAND AND DEBRIS FROM CITY PARK, ESTABLISHING AMOUNT OF BID SECURITY, 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 O'Donnell, seconded by Wright, that ordinance amending Title 9, entitled "Motor Vehicles and Traffic," to allow electric personal assistive mobility devices to be operated on the sidewalks except downtown and to require operators to yield the right of way to pedestrians, be given first vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Hayek, O'Donnell, Wilburn, Wright, Champion, Correia. Nays: Bailey. Absent: None. Moved by Wright, seconded by Champion, to accept correspondence from Leigh Sloan. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. 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. 08-4314, 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 voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Wilburn, to accept correspondence from Paul Harris. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wright, 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. 08-4315, 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 voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wright, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by O'Donnell, to adopt RES. 08-276, AMENDING THE BUDGETED POSITIONS IN THE PARKING AND TRANSIT DEPARTMENT BY DELETING ONE FULL-TIME PARKING MANAGER POSITION, DELETING ONE FULL- TIME TRANSIT MANAGER POSITION, AND ADDING ONE ASSOCIATE DIRECTOR OF Complete Description September 9, 2008 Page 4 PARKING AND TRANSIT POSITION AND AMENDING THE ADMINISTRATIVE PAY PLAN BY DELETING THE POSITIONS OF PARKING MANAGER AND TRANSIT MANAGER, GRADE 30, AND ADDING THE POSITION ASSOCIATE DIRECTOR OF PARKING AND TRANSIT, GRADE 31. Acting Parking & Transit Director O'Brien present for discussion. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Nays: Bailey. Absent: None. Moved by O'Donnell, seconded by Wilburn, to adopt RES. 08-277, AUTHORIZING THE MAYOR TO SIGN THE CONSOLIDATED SUBSTANTIAL DAMAGE DETERMINATION LISTING FOR THE HAZARD MITIGATION GRANT PROGRAM NOTICE OF INTEREST. 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. 08-278, DIRECTING SALE OF $17,235,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 20086. Finance Director O'Malley 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 O'Donnell, to adopt RES. 08-279, AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 1998, DATED APRIL 1, 1998, SERIES 1999, DATED MARCH 15, 1999 AND THE SERIES 2000, DATED JULY 1, 2000 OF THE CITY OF IOWA CITY, IOWA AND DIRECTING NOTICE BE GIVEN. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Hayek, to adopt RES. 08-280, DIRECTING SALE OF $24,940,000 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. Moved by Champion, seconded by Corriea, to adopt RES. 08-281, AUTHORIZING THE REDEMPTION OF OUTSTANDING SEWER REVENUE BONDS, SERIES 1996, DATED MARCH 15, 1996, SERIES 1997, DATED JUNE 1, 1997 AND THE SERIES 1999 DATED FEBRUARY 1, 1999, OF THE CITY OF IOWA CITY, IOWA, AND DIRECTING NOTICE BE GIVEN. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Hayek, seconded by Correia, to adopt RES. 08-282, DIRECTING SALE OF $7,145,000 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. Moved by Hayek, seconded by Wright, to adopt RES. 08-283, AUTHORIZING THE REDEMPTION OF OUTSTANDING WATER REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA, DATED MAY 1, 1999, AND DIRECTING NOTICE BE GIVEN. Finance Director O'Malley present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies on Boards and Commissions: 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. Airport Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus afive- yearterm ending December 31, 2011; Airport Zoning Commission to fill asix-year term Complete Description September 9, 2008 Page 5 January 1, 2006 -December 31, 2011; Youth Advisory Commission to fill an unexpired plus a two year term, effective upon appointment, ending December 31, 2010 for One (1) person - Age 15 to 17 on the date of filing. Applications must be received by 5:00 p.m., Wednesday, October 1, 2008. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] The Mayor announced the current vacancy to the Youth Advisory Commission to fill an unexpired plus a two year term, effective upon appointment, ending December 31, 2010 for One (1) person -Age 15 to 17 on the date of filing. Applications must be received by 5:00 p.m., Wednesday, October 15, 2008. Moved by Wilburn, seconded by O'Donnell, to accept correspondence from David Segar. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Correia congratulated United Way of Johnson on their kick-off ceremony and campaign goal of $2.55 million; stated the Women's Resource and Action Center is accepting applications for male volunteers for training beginning September 22 for a men's' antiviolence council; and requested two items, Inclusive Community meeting update and review of alcohol ordinances, be scheduled for an upcoming work session. Council Member Hayek echoed the request to review the alcohol issue at an upcoming work session; and encouraged citizens to vote in the School Board election. Council Member Wilburn stated he would be attending the Iowa League of Cities meeting and the Metropolitan Coalition would not be meeting as planned but that he would be discussing issues with members at the Conference. Council Member Champion stated she would be interested in talking about alcohol issues as well, and she was willing to discuss the 21-issue again. Council Member Wright promoted the Third Annual Zombie March starting at Happy Hollow Park on September 13 benefitting the Iowa City Animal Care and Adoption Center. Mayor Bailey stated she would also be attending the League meeting in Council Bluffs and looked forward to discussing issues affecting cities in the State. City Manager Lombardo announced that the bond sale earlier in the meeting resulted in a $1.6 million savings because of the favorable market; and announced he would be attending the League meeting. City employee Tom Kerper shared concerns regarding changes in the transit and parking departments, and thanked Council for their support of the system Moved by Champion, seconded by O'Donnell, to adjourn at 8:25 p.m. The Mayor declared the motion carried unanimously, 7/0, al Council fir, ~bers present,, ~~~ ~ ~ ~~ Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost of this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 8/25/08 Iowa City City Council special meeting 6:30 p.m. at City Hall, Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: None. Moved and seconded to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation; and to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the government body would have to pay for that property. The minutes and the tape recording of a closed session under this paragraph shall be available for public examination when the transaction discussed is completed. The Mayor declared the motion carried and adjourned into executive session 6:33 p.m. Moved and seconded to adjourn special meeting 6:55 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. C- s/Regenia D. Bailey, Mayor s/Marian K. Karr, City Clerk ~ ~~ ~~ Submi ed for publication - 8/28/08. r -- ~*'-~.®~,~ CITY ~ F [ 4 WA CITY 4a(2) cc ((~~[\~1V~~~V1 ~G~V -•~.~ Date: August 25, 2008 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, August 25, 2008, 6:55 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright UISG: Gunn and Swedlund Staff: Lombardo, Helling, Dilkes, Karr, O'Malley, Davidson, Kuecker, Trueblood, O'Brien (A complete transcription is available in the City Clerk's Office) PLANNING & ZONING ITEMS "b,c,d' 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) c) AUTHORIZING CONVEYANCE OF VACATED NORTHTOWNE PARKWAY RIGHT OF- WAY LOCATED IN HIGHLANDER DEVELOPMENT, THIRD ADDITION TO SOUTHGATE BP PROPERTIES. d) AMENDING TITLE 15, LAND SUBDIVISIONS, BY REPEALING TITLE 15 IN ITS ENTIRETY AND REPLACING IT WITH A NEW TITLE 15, LAND SUBDIVISIONS. (PASS AND ADOPT) COUNCIL APPOINTMENTS Airport Zoning Brd of Adjustment - readvertise, no applicants Airport Zoning Commission - readvertsie, no applicants Housing & Community Development Commission -Mike McKay Police Citizens Review Board -Janie Braverman and Abigail Yoder Youth Advisory Commission -Patrick Daimitani AGENDA ITEMS 1. (Agenda item # 18 -resolution awarding the vehicle towing and storage services ... to Big 10 University Towing ...) In response to Council Member O'Donnell, Asst. City Mgr. Helling stated generally there is only one company that meets the specifications. Council Member Hayek stated he would be abstaining due to a conflict. Council Work Session August 25, 2008 Page 2 2. (Agenda item # 6 - ... deciding the appeal ... decision of the Historic Preservation Commission ... 803 E. College Street) PCD Director Davidson and Urban Planner Kuecker present for discussion. Council Member Hayek requested information on the source of the rule on majority vote prior to the hearing the next evening. 3. (Agenda items # 7 - # 11 - ... instituting proceeding ... $18,500,000 General Obligation Capital Loan Notes.....$27,000,000 Sewer Revenue Refunding Capital Loan Notes ... $10,300,000 Sewer Revenue Refunding Capital Loan Notes ... $8,000,000 Water Revenue Refunding Capital Loan Notes ... $11,000,000 Water Revenue Refunding Capital Loan Notes) Finance Director O'Malley present for discussion. 4. (Agenda item # 15 -resolution ... real estate contract ... Hawkeye Area Community Action Program (HACAP) ... 1926 and 1946 Broadway ...) In response to questions from Council Member Correia, City Manager Lombardo stated staff would be present at the formal meeting to provide the information. 5. (Agenda item # 19 -resolution approving submission ... Hazard Mitigation Grant Program benefits for the purpose of acquiring flooded properties) PCD Director Davidson present for discussion. (continued later on the agenda) FACILITIES MASTER PLAN [reference IP#2 of 8/21 info packet] City Manager Lombardo and Asst. City Manager Helling presented information on proceeding with a Facilities Master Plan, and preparation of an RFP soliciting firms and costs associated with the project. Majority of Council agreed to proceed as outlined. STAFF ACTION: Proceed with development of RFP. (Lombardo and Helling) YEAR END FINANCIAL REPORT Finance Director O'Malley and City Manager Lombardo presented information and distributed two handouts: • Budget to Actual Comparison for the Fiscal Year Ended June 30, 2008 • General Fund Balance History and Projection -Version August 25, 2008 METROPOLITAN COALITION/LEGISLATIVE PRIORITIES [reference IP#3 of 8/21 info packet] Council Member Wilburn and Mayor Bailey reported on the Metropolitan Coalition meeting held in Iowa City in July. Broad areas identified included: o Flood related issues (avenues for funding or policies to stream line the process; economic infrastructure) o Alternative revenues o Goal is to identify five or six specific pieces of legislation Next meeting scheduled second week in September at the state League meeting Council Work Session August 25, 2008 Page 3 CITY DESIGNATED NO SMOKING AREAS [reference agenda item #16] City Atty. Dilkes and Parks & Recreation Director Trueblood presented information on the proposed ordinance. After discussion a majority of Council directed staff to make the following changes in the ordinance prior to first reading: 1. allowing smoking in private vehicles in Municipal Parking Ramps 2. re Mercer Park -prohibit smoking around softball/baseball complex, and tennis courts, and clarify intent was not to make entire park non-smoking AGENDA ITEMS (continued from earlier on the agenda) 6. Continued discussion of # 5 above (Agenda item # 19 -resolution approving submission ... Hazard Mitigation Grant Program benefits for the purpose of acquiring flooded properties) In response to Council Member Hayek, Council agreed to highlight portions of the City Atty. memo regarding subsequent owners of property not being eligible for the pre-flood market value price buyout, and the issue related to duplication of benefits. The City Atty. noted the City website would also be updated with the memo. INFORMATION PACKET DISCUSSION (IP5 of 8/21 packet - At A Glance newsletter) City Manager Lombardo requested feedback on his communication and urged Council Members to let him know if information needs were not being met. Council Members suggested the communication be incorporated into the City website as well. COUNCIL TIME In response to Council Member Correia's questions on parking in the City Hall lot during Farmers Markets and signage, Parks & Recreation Director Trueblood reported Parks & Recreation is unable to store the temporary signs and easels or have the personnel to ensure they are placed. City Manager Lombardo stated he was considering an expansion of the Market. Council added the expansion of the Market discussion to their pending list, and directed staff to explore better signage for parking needs this year. 2. In response to Mayor Bailey's concerns on alcohol advertisement, City Atty. Dilkes stated all complaints are investigated, noting there are no price restriction in City ordinances, and a letter sent to establishments, 3. In response to Council Member Wright, City Clerk Karr stated staff was researching a technology plan for Council and would report back. 4. Mayor Bailey reported she had received two complimentary tickets to the Summer of the Arts finale and acceptance would violate the gift law. She stated she asked the City Clerk to return them and explain the gift law; and encouraged others who might have received them to do the same or personally return them with the explanation of the law. Council Work Session August 25, 2008 Page 4 SCHEDULE OF PENDING DISCUSSION ITEMS The following items were added to the pending list: Farmers Market expansion Litter/gum/cigarette butts downtown UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS Food Fest, August 27 (Taste of Iowa City) Evaluations of City Council Appointees (City Clerk to schedule after calling each Member) Untied Way Kickoff, September 3 DISCUSSION OF MEETING SCHEDULES None Meeting adjourned 8:35 PM. 4a 3 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost of this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 8/26/08 Iowa City City Council special meeting 7:00 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: None. The Mayor proclaimed Welcome Week -August 23-29, 2008, Tara Edberg, Assistant Director Office of Student Life and Shannon Thomas accepting. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved and/or adopted as presented: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: August 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 Takanami, 219 Iowa Avenue. Renewal: Class C Liquor License for Blackstone, 503 Westbury Drive Suite 1; Deny Outdoor Service Area for Blackstone, 503 Westbury Drive Suite 1 (Letter From Police Chief Hargadine included in packet.); Special Class C Liquor License for T.Spoons, 301 E. Market St.; Class C Liquor License for Chipotle Mexican Grill, 201 S. Clinton St. Suite 112; Outdoor Service Area for Chipotle Mexican Grill, 201 S. Clinton St. Suite 112; Class C Liquor License for Union Bar, 121 E College St.; Class C Beer Permit for Casey's General Store #2761, 204 N. Dubuque St.; Class C Beer Permit for Casey's General Store #2781, 1410 Willow Creek Dr.; Class C Beer Permit for Parth Mini Mart, 2153 ACT Circle; Class C Beer Permit for New Pioneer Co Op Fresh Food Market, Iowa City, 22 S. Van Buren St.; Class C Liquor License for Atlas World Grill, Inc., 127 Iowa Ave.; Class C Liquor License for Airliner Bar, 22 S Clinton St.; RES. 08-250, TO ISSUE DANCING PERMIT for Union Bar, 121 E College St. 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 Official Actions August 26, 2008 Page 2 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. 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). The following individuals appeared: Atty. Bob Downer, 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 and seconded to accept correspondence from Grazyna Kochanska. The Mayor declared the motion carried. Moved and seconded 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 Official Actions August 26, 2008 Page 3 1 West (REZ08-00006), be given first vote. Wal-Mart representative Ryan Horn responded to questions. 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 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. 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. Moved and seconded to adopt RES. 08-258, AUTHORIZING CONVEYANCE OF VACATED NORTHTOWNE PARKWAY RIGHT-OF-WAY LOCATED IN HIGHLANDER DEVELOPMENT, THIRD ADDITION TO SOUTHGATE BP PROPERTIES. Moved and seconded 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. 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. The following individuals appeared: Historic Preservation Chairperson Lindsay Bunting Eubanks and Historic Preservation Commission Member Jim Ponto. Moved and seconded 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. The Mayor declared the motion carried. 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. Moved and seconded 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. 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. Moved and seconded 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. 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. Official Actions August 26, 2008 Page 4 Moved and seconded 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. 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. Moved and seconded 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. 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. Moved and seconded 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. A public hearing was held on a resolution authorizing conveyance of an easement to MidAmerican Energy for utility lines and a switchbox. Moved and seconded to adopt RES. 08-264, AUTHORIZING CONVEYANCE OF AN EASEMENT TO MIDAMERICAN ENERGY FOR UTILITY LINES AND A SWITCHBOX. 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. Moved and seconded 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. 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. Moved and seconded 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. 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. Official Actions August 26, 2008 Page 5 Moved and seconded 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 present for discussion. Moved and seconded 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 given first vote. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Jean Walker, Jesse Singerman, Marianne Mason, Marshall Poe. The Mayor declared the motion carried. Council Member Hayek left the room due to a conflict of interest. Moved and seconded to adopt RES. 08-268, AWARDING THE VEHICLE TOWING AND STORAGE SERVICES CONTRACT TO BIG 10 UNIVERSITY TOWING, INC. Council Member Hayek returned to the meeting. Moved and seconded 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. Moved and seconded to accept correspondence from Mary Wallace. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded to adopt RES. 08-270, RATIFYING THE SETTLEMENT OF PENDING LITIGATION. Moved and seconded to adopt RES. 08-271, AMENDING THE SETTLEMENT OF PENDING LITIGATION. 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 and seconded to accept correspondence from Lin Weeks. The Mayor declared the motion carried. 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 and seconded to appoint Michael McKay, 1105 Keokuk Street, to the Housing & Community Development Commission to fill a three-year term 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, Official Actions August 26, 2008 Page 6 2009 for One (1) person -Age 18 to 21 on the date of filing. The Mayor declared the motion carried. 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.] Moved and seconded to adjourn at 9:25 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 epartm ~t. s/Regenia D. Bailey, Mayor ,~, s/Marian K. Karr, Cit ler 9 ~~ Submit d o publication - 9/3/08. 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 25, 2008 Iowa City City Council special meeting 6:30 p.m. at City Hall, Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: None. Staff members present: Davidson, Lombardo, Dilkes, Karr, O'Brien. Moved by Champion, seconded by Wright, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation; and to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the government body would have to pay for that property. The minutes and the tape recording of a closed session under this paragraph shall be available for public examination when the transaction discussed is completed. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 6:33 p.m. Council returned to open session 6:53 p.m. Moved by Wright, seconded by Hayek, to adjourn special meeting 6:55 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Regenia D. Bailey, Mayor Marian K. Karr, City Clerk * 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 City C Council special meeting 7:00 p.m. at City Hal . Mayor Bailey presiding. Council Members p sent: Bailey, Champion, Correia, Hayek, O' onnell, Wilburn, Wright. Absent: None. Staff tubers present: Lombardo, Helling, Dike ,Karr, Davidson, Kuecker, Trueblood, Cate, Booth y, O'Malley, Fosse. The Mayor proclai ed Welcome Week -August 23-29 008, Tara Edberg, Assistant Director Office of Student Li and Shannon Thomas accept' g. Moved by Champion, conded by Wright, that the f Ilowing items and recommendations in the Conse t Calendar be received, approved and/or adopted as presented: Approval of Council tions, subject to c rections, as recommended by the City Clerk: August 11, Specia Council Work S ssion; August 11, Special Council Formal Official and Complete. Receive and File Minutes Boards d Commissions (any recommendations contained in minutes become effec 've onl upon separate Council action): Planning and Zoning Commission -July 14, 2 8; tanning and Zoning Commission -July 17, 2008; Senior Center Commission -Jun 17, 2008; Board of Adjustment -July 9, 2008; Historic Preservation Commission - J y 4, 2008; Public Art Advisory Committee - June 5, 2008; Housing and Commu ' y De elopment Commission -May 15, 2008; Police Citizens Review Board -Jul 1, 2008. Permit Motions and Resol ions as Re mmended by the City Clerk. New: Class C Liquor License fo Etre Restaura t Group, LLC, dba Takanami, 219 Iowa Avenue. Renewal: Class Liquor License r Jaxco, LLC, dba Blackstone, 503 Westbury Drive Suite 1; Deny Outdoor Service Are for Jaxco, LLC, dba Blackstone, 503 Westbury Drive Suite 1 etter From Police Chie Hargadine included in packet.); Special Class C Liquor Lic nse for J.J.G., LLC, dba T. poons, 301 E. Market St.; Class C Liquor License fo Chipotle Mexican Grill Inc. o olorado dba Chipotle Mexican Grill, 201 S. Cli ton St. Suite 112; Outdoor Servi Area for Chipotle Mexican Grill Inc. of Colorado d Chipotle Mexican Grill, 201 S. Cli on St. Suite 112; Class C Liquor License for Cre m, LLC. dba Union Bar, 121 E Colleg St.; Class C Beer Permit for Casey's M rketing Company dba Casey's General tore #2761, 204 N. Dubuque St.; Class Beer Permit for Casey's Marketing Comp ny dba Casey's General Store #27 1, 1410 Willow Creek Dr.; Class C Beer Perm' for Parth Mini Mart, Inc., dba Parth Mi i Mart, 2153 ACT Circle; Class C Beer Permit fo New Pioneer Cooperative So ety dba New Pioneer Co Op Fresh Food Market, to a City, 22 S. Van Buren St.; lass C Liquor License for Atlas World Grill, Inc., dba tlas World Grill, Inc., 127 low Ave.; Class C Liquor License for Hall Place Ventures, Corp. dba Airliner Bar, 22 S CI' ton St.; RES. 08-250, TO ISSUE DANCING PERMIT for Cream, LLC. dba Union ar, 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 present. Regenia D. Bailey, Mayor Marian K. Karr, City Clerk