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HomeMy WebLinkAbout2011-12-06 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City 5a(5) Clerk's Office 356 -5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES DECEMBER 6, 2011 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Staff members present: Markus, Fruin, Dilkes, Karr, Bentley, Andrew, Ford, Bollinger, Tharp, Reinhart, Davidson, Boothroy. The Mayor presented Outstanding Student Citizenship Awards to Horace Mann Elementary students: Kate Murray, Destini Randle- Estes, Lottie Gidal. MidAmerican Energy Company Community Contact Liaison Michelle Payne presented a community grant check to Neighborhood Services Coordinator Marcia Bollinger and University of Iowa Student Government representative Kelsey Zlevor to replace fluorescent bulbs with compact energy savings bulbs to eligible low income and senior citizen households Unless otherwise noted, all actions were affirmative and unanimous. Moved by Champion, seconded by Wright, that the 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: November 21 Special Council Formal Official and Complete; November 21 Special Council Work Session; November 22 Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Airport Commission - October 11, 2011; Airport Commission - October 25, 2011; Housing and Community Development Commission - October 20, 2011; Senior Center Commission - October 20, 2011. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Blazin Wings, Inc., dba Buffalo Wild Wings Grill & Bar, 201 S. Clinton St.; Outdoor Service Area for Blazin Wings, Inc., dba Buffalo Wild Wings Grill & Bar, 201 S. Clinton St.; Special Class C Liquor License for Pagliai Pizza, LLC, dba Pagliai's Pizza, 302 E. Bloomington St.; Class C Liquor License for Inc., Limited, dba Sanctuary Restaurant, 405 S. Gilbert St. Resolutions: RES. 11 -378, AUTHORIZING THE MAYOR TO SIGN 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 1422 PLUM STREET, IOWA CITY, IOWA; RES. 11 -379, SETTING A NEW DATE FOR RECEIPT OF BIDS FOR THE BIDDING OF THE COURT HILL TRAIL — PHASE THREE NRT- 3715(649)- -9G -52 PROJECT, AND DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS; RES. 11 -380, ACCEPTING THE WORK FOR THE IOWA CITY MERCER PARK AQUATIC CENTER POOL FILTER REPLACEMENT PROJECT; RES. 11 -381, ACCEPTING THE WORK FOR A TRAIL LOCATED IN SANDHILL ESTATES - PART ONE, AND DECLARING THE TRAIL OPEN FOR PUBLIC ACCESS AND USE; RES. 11 -382, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1622 WILSON STREET, IOWA CITY, IOWA; RES. 11 -383, AUTHORIZING THE Complete Description December 6, 2011 Page 2 MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING FOUR MORTGAGES FOR THE PROPERTY LOCATED AT1520 ESTHER STREET, IOWA CITY, IOWA. Setting Public Hearings: RES. 11 -384, INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF A UTILITY EASEMENT ACROSS RALSTON CREEK LOCATED WITHIN LOT 1, BLOCK 20, COUNTY SEAT ADDITION, IOWA CITY, IOWA, AND SETTING A PUBLIC HEARING ON SAID PROPOSED CONVEYANCE FOR JANUARY 10, 2012; RES. 11 -385, SETTING PUBLIC HEARING FOR JANUARY 10, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 410 DOUGLASS STREET. Motions: Approve abstract of votes for the November 5, 2011 City General Election. Correspondence: Traffic Engineering Planner regarding Installation of (2) NO PARKING ANY TIME N signs on the south side of the 900 block of Walker Circle and (1) NO PARKING HERE TO CORNER sign on the northeast corner of the intersection of Walker Circle and Foster Road; Assistant Transportation Planner regarding Installation of NO PARKING 8 -5 MON -FRI signs on the west side of Normandy Drive and on the north side of Manor Drive; Assistant Transportation Planner regarding Installation of (1) NO PARKING HERE TO CORNER sign at the southwest corner of the Johnson Street / Iowa Avenue intersection; Laura Amy regarding Internship [staff response included]; Greg Boyd regarding Mediacom Rates / Competition [staff response included]; Tony Barrino regarding Trillionaire Communications — Press Release; Ian Schmit regarding SJMC story on Iowa City development and improvements. Mayor Hayek left the meeting due to a conflict of interest on the next two items. Mayor Pro tem Wilburn presiding. Moved by Champion, seconded by Mims, to adopt RES. 11 -386, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR BOYD'S FASHIONABLE ACRES, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE and RES. 11 -387, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, TRAIL, CERTAIN SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS FOR ROCHESTER RIDGE - PART ONE, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. The Mayor Pro tem declared the motion carried unanimously, 6/0/1, with the following division of roll call vote. Ayes: Mims, Wilburn, Wright, Bailey, Champion, Dickens. Absent: None. Abstaining.. Hayek. Mayor Hayek returned to the meeting and now presiding. Moved by Wright, seconded by Dickens, to set a public hearing for January 10, 2012 on an ordinance rezoning 4.3 acres of land located at 1920 Prairie du Chien Road from Low Density Single - Family Residential (RS -5) Zone to Rural Residential (RR1) Zone (REZ11- 00019). A public hearing was held on an ordinance rezoning the MidAmerican substation and conditionally rezoning approximately .42 -acres of land located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street from Neighborhood Residential Stabilization (RNS -12) to Central Business Service (CB -2) (REZ11- 00012). Mayor Hayek stated the conditional zoning agreement had not been signed by all parties and the public hearing continues and consideration of the ordinance deferred. PCD Dir. Davidson presented a power point. The following individuals appeared: Applicant Jessie Allen; John Thomas, Northside Neighborhood Association. Moved by Mims, seconded by Wilburn, to accept Complete Description December 6, 2011 Page 3 correspondence from John Thomas. Moved by Mims, seconded by Bailey, to continue public hearing to January 10 and defer ordinance rezoning the MidAmerican substation and conditionally rezoning approximately .42 -acres of land located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street from Neighborhood Residential Stabilization (RNS -12) to Central Business Service (CB -2) (REZ11- 00012), to January 10. A public hearing was held on an ordinance conditionally rezoning approximately .88 -acres of land located at 2218 Rochester Avenue from Low Density Single- Family Residential (RS- 5) to Low Density Multi - Family Residential (RM -12) (REZ11- 00009). PCD Dir. Davidson presented a power point. Mayor Hayek asked Council Members to disclose any ex parte communications, and none were reported. Applicant James Clark appeared. Individual Council Members expressed their views. Moved by Bailey, seconded by Dickens, that the ordinance conditionally rezoning approximately .88 -acres of land located at 2218 Rochester Avenue from Low Density Single - Family Residential (RS -5) to Low Density Multi - Family Residential (RM -12) (REZ11- 00009), be given first vote. Moved by Bailey, seconded by Wilburn, that ordinance rezoning approximately 1. 15 acres of property located 911 N. Governor Street, from Commercial Office (CO -1) to Low Density Multi - Family Residential (RM -12) (REZ11- 00016), be given second consideration. Mayor Hayek asked Council Members to disclose any ex parte communications, and Council Members Mims, Wright, and Hayek reported communications. PCD Dir. Davidson presented a power point. The following individuals appeared: John Thomas, Northside Neighborhood Association; Jennifer Baum, 814 Dewey St.; Christina Welu- Reynolds, 619 Brown St.; Sarah Clark representing Shari Degraw, 519 Brown St.; David Thompson, 827 Brown St.; Sally Bowers, 931 N. Summit St.; Joel Bishop, 819 Dewey St.; Jim Throgmorton, 714 N. Linn St.; Ashley Shields, 913 Dewey St.; Ray Anderson, 812 Dewey St.; Shirley Lindell, 804 Dewey St.; James Huntington, 1012 N. Summit St.; and Michael Petkewec, 1012 N. Summit. Individual Council Members expressed their views. Moved by Mims, seconded by Wright, to defer consideration to January 10 to allow a Planning & Zoning consult. Moved by Wilburn, seconded by Bailey, to accept correspondence from Christina Welu- Reynolds (2), Mark Shields, John Thomas (x2 with petitions). Moved by Bailey, seconded by Mims, to adopt RES. 11 -388, APPROVING THE PRELIMINARY PLAT OF MACKINAW VILLAGE PART 4, IOWA CITY, IOWA (SUB11- 00015). A public hearing was held on a resolution approving a purchase agreement between the City of Iowa City and Iowa Valley Habitat for Humanity for 1443 Prairie du Chien Road and to consider a proposal to convey said property. No one appeared. Moved by Wright, seconded by Bailey, to adopt RES. 11 -389, APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA VALLEY HABITAT FOR HUMANITY FOR 1443 PRAIRIE DU CHIEN ROAD AND AUTHORIZING CONVEYANCE IN ACCORDANCE THEREWITH. A public hearing was held on a resolution amending Iowa City's 2011 -2015 Consolidated Plan (a.k.a. City Steps). No one appeared. Moved by Champion, seconded by Bailey, to adopt RES. 11 -390, AMENDING IOWA CITY'S 2011 -2015 CONSOLIDATED PLAN (A.K.A. CITY STEPS). A public hearing was held on a resolution approving a purchase agreement between the City of Iowa City and Deery Deery and Deery LLC for Lots 16 and 17 of the North Airport Development Subdivision with an option to purchase Lots 13 -15 and authorizing conveyance in accordance therewith. No one appeared. Complete Description December 6, 2011 Page 4 Moved by Champion, seconded by Mims, to adopt RES. 11 -391, APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND DEERY DEERY AND DEERY LLC FOR LOTS 16 AND 17 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION WITH AN OPTION TO PURCHASE LOTS 13 -15 AND AUTHORIZING CONVEYANCE IN ACCORDANCE THEREWITH. A public hearing was held on a resolution to disclaim any interest in the Iowa City Community School District's Central Administrative Office located at 509 South Dubuque Street, Iowa City, Johnson County, Iowa. No one appeared. Moved by Bailey, seconded by Dickens, to adopt RES. 11 -392, DISCLAIMING ANY INTEREST IN THE IOWA CITY COMMUNITY SCHOOL DISTRICT'S CENTRAL ADMINISTRATIVE OFFICE LOCATED AT 509 SOUTH DUBUQUE STREET, IOWA CITY, JOHNSON COUNTY, IOWA. A public hearing was held on a resolution approving proceeding with the issuance and sale of not to exceed $1,832,000 aggregate principal amount of Midwestern Disaster Area Revenue Bonds (EPS properties LLC project) Series 2011 of the City of Iowa City, Iowa, and related matters. No one appeared. Moved by Wright, seconded by Wilburn, to adopt RES. 11 -393, APPROVING PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $1,832,000 AGGREGATE PRINCIPAL AMOUNT OF MIDWESTERN DISASTER AREA REVENUE BONDS (EPS PROPERTIES LLC PROJECT) SERIES 2011 OF THE CITY OF IOWA CITY, IOWA, AND RELATED MATTERS. Mayor Hayek and Council Members Champion and Dickens left the meeting due to a conflict of interest on the next item. Mayor Pro tem Wilburn now presiding. Moved by Bailey, seconded by Mims, that ORD. 11 -4460, AMENDING TITLE 3, "FINANCE, TAXATION AND FEES" OF THE CITY CODE TO ADD A NEW CHAPTER ESTABLISHING THE IOWA CITY DOWNTOWN SELF - SUPPORTIED MUNICIPAL IMPROVEMENT DISTRICT (SSMID) PURSUANT TO THE PROVISIONS OF CHAPTER 386, CODE OF IOWA; AND PROVIDING FOR THE ESTABLISHMENT OF AN OPERATION FUND AND THE LEVY OF AN ANNUAL TAX IN CONNECTION THEREWITH, be passed and adopted. Karen Kubby, Chair of the Downtown Association's self- supporting municipal government district committee, thanked Council for their support. The Mayor Pro tem declared the ordinance adopted unanimously, 4/0/3, with the following division of roll call vote: Ayes: Bailey, Mims, Wilburn, Wright. Absent: None. Abstaining: Champion, Dickens, Hayek. Mayor Hayek and Council Members Champion and Dickens returned. Mayor Hayek now presiding. Moved by Champion, seconded by Dickens, that the ordinance amending Title 4, Alcoholic Beverages, Chapter 5, Prohibitions and Restrictions, Section 8, Persons under the Legal Age in licensed or permitted establishments, Subsection B, to amend the requirements for non -bar and entertainment venue exceptions, be given first vote. Moved by Bailey, seconded by Wilburn, to adopt RES. 11 -394, APPROVING ECONOMIC DEVELOPMENT PROCESS AND POLICIES, and amending the section entitled TIF goals, objectives, and strategies, item # 5, (first sentence remains the same) to read "Upfront financial assistance and the appropriate financing mechanism and security will be considered on a case -by -case basis (end section). Moved by Wilburn, seconded by Mims, to adopt RES. 11 -395, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE IOWA Complete Description December 6, 2011 Page 5 DEPARTMENT OF CULTURAL AFFAIRS FOR A GRANT FROM THE IOWA GREAT PLACES PROGRAM. Moved by Wright, seconded by Champion, to adopt RES. 11 -396, 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 MMS CONSULTANTS, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE EAST SIDE LEVEE PROJECT. Moved by Champion, seconded by Bailey, to adopt RES. 11 -397, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DONATION AGREEMENTS FOR ACCEPTANCE OF "BOOKMARK" SCULPTURES UPON THE RECOMMENDATION OF THE PUBLIC ART ADVISORY COMMITTEE. Moved by Mims, seconded by Bailey, to adopt RES. 11 -398, 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 DAVIS, BROWN, KOEHN, SHORS & ROBERTS, P.C. TO PROVIDE LOBBYING SERVICES. Moved by Wilburn, seconded by Mims, to adopt RES. 11 -399, ON UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2012 FOR THE CITY ATTORNEY ($79,035.85 for 60% FTE) AND CITY CLERK ($101,899.20). Moved by Wright, seconded by Bailey, to approve the appointment of Matthew J. Uttermark as student liaison alternate from the University of Iowa Government (UISG) until May 1, 2012. Matthew Uttermark appeared. The Mayor noted the previously announced vacancies to Boards and Commissions: Board of Appeals for a five -year term January 1, 2012 - December 31, 2016, for a Mechanical or Building Design Professional, or a qualified trade representative, if after 3 months no professional applies or is appointed; Telecommunications Commission for an unexpired term, effective upon appointment - March 13, 2014. Applications must be received by 5:00 p.m., Wednesday, December 7, 2011. Planning & Zoning Commission for an unexpired term, effective upon appointment - May 1, 2015. Applications must be received by 5:00 p.m., Wednesday, December 28, 2011. The Mayor noted the current vacancies: Airport Commission for a four -year term March 1, 2012 - March 1, 2016; Airport Zoning Brd of Adjustment for a five -year term January 1, 2012 - December 31, 2016, (New full term - see appointments); Airport Zoning Commission for a six -year term January 1, 2012 - December 31, 2017, (New full term - see appointments); Civil Service Commission for a four -year term April 2, 2012 - April 4, 2016; Historic Preservation Commission for an At- Large, Woodlawn, College Green, and East College St, to fill three -year terms March 29, 2012 - March 29, 2015; Telecommunications Commission for two vacancies to fill three -year terms March 13, 2012 - March 13, 2015; Applications must be received by 5:00 p.m., Wednesday, January 11, 2012. Moved by Bailey, seconded by Wright, to make the following appointments to Boards and Commissions: Larry Baker, 1217 Rochester Avenue, to the Board of Adjustment for a five - year term January 1, 2012 - January 1, 2017; John Thomas, 509 Brown Street, to the Planning & Zoning Commission for an unexpired term, effective upon appointment, ending May 1, 2015; John Engelbrecht, 913 E. Jefferson and Melissa Mitchell, 910 Y2 S. Summit Street, to the Public Art Advisory Committee for two vacancies for three -year terms January 1, 2012 - January 1, 2015; Rosamond Hanson, 320 E. Washington Street, to the Senior Center Commission for one vacancy for a three -year terms January 1, 2012 - December 31, 2014; Malin Craig, 2415 Mayfield Road, to the Youth Advisory Commission for a two -year Complete Description December 6, 2011 Page 6 term January 1, 2012 — December 31, 2013. Moved by Wilburn, seconded by Bailey, to accept correspondence from Andy Brodie. The Mayor noted no applications were received for the following Boards and Commissions and all will be readvertised: Airport Zoning Brd of Adjustment for an unexpired term, effective upon appointment, plus a five -year term January 1, 2007 - December 31, 2011, (No applications, term is expiring and is being advertised as a new full five -year term.); Airport Zoning Brd of Adjustment for a five -year term January 1, 2009 - December 31, 2013; Airport Zoning Commission for a six -year term January 1, 2006 — December 31, 2011; Airport Zoning Commission for a six -year term January 1, 2010 — December 31, 2015; Senior Center Commission for a three -year terms January 1, 2012 — December 31, 2014; Youth Advisory Commission for a two -year terms January 1, 2012 — December 31, 2013; Youth Advisory Commission for a two -year term January 1, 2011 — December 31, 2012 for Tate High. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [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.] Mayor Hayek noted the 24 years of combined service from outgoing Council Members Bailey, Wilburn, and Wright; thanked them for their service; and presented them with plaques and a print from local artist Marcia Wegman. Council Member Champion stated she would miss working with the outgoing Members. Council Member Wright stated he had enjoyed serving on the Council; noting the Council had a great working relationship; and thanked the citizens for the opportunity, Mayor Pro tem Wilburn thanked the public for the opportunity to represent them; stated he was going to miss working with City staff; and encouraged citizens to get involved in the community. Council Member Bailey thanked the citizens for the opportunity; expressed her appreciation to staff; and stated it was inspirational and she has enjoyed every minute. Mayor Hayek wished outgoing Council Members the very best, stating the community owes them a debt of gratitude. City Manager Markus thanked outgoing Councilors for their service. City Attorney Dilkes stated Council would be missed, and wished them best of luck in future endeavors. Moved by Bailey, seconded by Wilburn (and Wright), to adjourn meeting 9:15 p.m. and resume work session. Matthew J. Hayek, Mayor U Maribn K. Karr, City Clerk =4a(l) Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS — 11/21/11 Iowa City City Council special meeting, 5:30 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. All actions were affirmative and unanimous. Moved and seconded to adopt RES. 11 -353, RELATING TO THE ISSUANCE OF NOT TO EXCEED $1,832,000 IN AGGREGATE PRINCIPAL AMOUNT OF MIDWESTERN DISASTER AREA REVENUE BONDS (EPS PROPERTIES LLC PROJECT) SERIES 2011 OF THE CITY OF IOWA CITY, IOWA; AND SPECIFICALLY (1) DECLARING INTENT TO REIMBURSE EXPENDITURES FROM PROCEEDS OF SAID BONDS; (2) FIXING A DATE FOR A PUBLIC HEARING ON DECEMBER 6, 2011 ON THE PROPOSAL TO ISSUE SAID BONDS; AND (3) DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE SAID BONDS. Moved and seconded to adjourn the special meeting 5:31 p.m. A more complete description of Council Activities is on file in the office of the City Clerk. s /Matthew J. Hayek, Mayor s /Maria C K. Karr, City erk / Submitte for publication — 11/23/11. r =(2�) =,26, p , CITY OF IOWA CITY ® ". MEMORANDUM Date: November 21, 2011 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, November 21, 2011, 5:30 PM in Emma J. Harvat Hall Council: Bailey. Champion, Dickens, Hayek, Mims, Wilburn, Wright UISG: Graham Staff: Markus, Helling, Dilkes, Karr, Moran, T. Neumann, Bentley, Yapp, Fosse, Morris, Hargadine, Bowers (A complete transcription is available in the City Clerk's Office and the City website) CONSENT CALENDAR ADDITION Council agreed to add a resolution setting public hearing for December 6, 2011 on a proposal to disclaim any interest in the Iowa City Community School District's central administrative office located at 509 South Dubuque Street, Iowa City, Johnson County, Iowa. COUNCIL APPOINTMENTS None JOINT MEETING WITH PARKS & RECREATION COMMISSION — FARMERS MARKET STRATEGIC PLANNING COMMITTEE REPORT [IP3] Parks & Recreation Commission Members Claussen, Laurian, Younker, Elliott, and Gnade presented information on the strategic planning committee report for the Iowa City Farmer's Market. Adm. Sec. Neumann present for discussion. ACTION: Report back next spring. (Moran) AGENDA ITEMS 1. (Item # 12 — resolution approving economic development process and policies) Council Member Bailey suggested that the item be referred back to the Economic Development Committee to address concerns raised by some developers. City Atty. Dilkes suggested a better understanding of the urban renewal revenue note might be discussed as well. Majority agreed to defer until December 6 to allow the Committee to meet. 2. (Item # 13 — resolution ... seventh amendment ... Peninsula Neighborhood Development Agreement) PCD Dir. Davidson present for discussion and responded to questions. 3. (# 5c — conditionally rezoning ... 911 N. Governor Street ...) In response to Council Member Mims, City Atty. Dilkes reminded Council that discussions of rezonings should occur at the formal meetings. Council Work Session November 21, 2011 Page 2 4. (# 17 — resolution ... revised schedule of fees and charges for Parks & Recreation services and programs) Parks & Recreation Dir. Moran responded to questions. SPACE NEEDS STUDY /MASTER PLAN — DRAFT REPORT [IP4] Architectural Services (Coordinator) Morris introduced RDG Planning and Design representatives Justin Platts, the project manager and presenter; Davis Sanders, a principal of the firm and architect; and architect Corinne Goode. Representatives presented a power point (archived with City Clerk). ACTION: Incorporate into future budget for presentation to Council. (Morris) RECOMMENDATIONS FROM PARTNERSHIP FOR ALCOHOL SAFETY — CHANGES TO 21 ORDINANCE EXCEPTIONS [IP5] The following individuals presented information: Kelly Bender, Campus Community Harm Reduction Initiatives Coordinator from the University of Iowa; and Legislative Policy Solutions Committee Members Leah Cohen and George Etre. Police Chief Hargadine present for discussion. After discussion Council directed staff to prepare an ordinance incorporating the following items: 1. CPA/audit — does not want to make either a CPA or an "audit" a requirement every time a restaurant applies for an exception, but use as a tool if the numbers or the circumstances of our interactions with the establishment (e.g. PAULA rate, police experiences) make us question the accuracy of the percentage provided by the establishment. The police chief would have the ability to ask for a review by a CPA hired by the City at the expense of the establishment. 2. "Strict duty" — agreed that the PAULA rate was the best way to enforce the duty. 3. PAULA rate -.25 for non -bars and entertainment venues; wants to include UI visits. 4. Wristbands — decided not to require wristbands and let establishments choose how to distinguish under age and legal age. 5. Revocation protocol — develop provisions as currently used for entertainment venue, including 5 year rolling window on sales to minors. 6. Kitchens open — decided not to require that kitchens be open. ACTION: Prepare ordinance for December 6 agenda. (Dilkes) IMMIGRATION AND BUILDING SAFE COMMUNITIES [IP6] Asst. City Manager Helling reviewed the memo and Council directed staff as follows: 1. Municipal Ordinance — no consensus 2. Clarifying types of identification required — agreed to proceed. City Manager to explore Administrative Rule, and would not require further Council action. 3. Public Forums — Human Rights Commission to proceed 4. Increase access to City Services — Staff to review current practices 5. Issue City Council Proclamation — no consensus 6. Implement Best Practice Model for Inclusive Communities — Human Rights Commission to proceed 7. Increase Law Enforcement Outreach — Human Rights Commission to establish committee to identify additional needs 8. Create a standing immigrant review committee — Human Rights Commission to proceed 9. Provide Outreach to local Immigrant Community - Human Rights Commission to proceed ACTION: Proceed as outlined. (City Manager's office) Council Work Session November 21, 2011 Page 3 INFORMATION PACKET DISCUSSION [November 3, 10, 17] ➢ November 3 (IP6) Council Member Mims thanked Linda Schreiber for her efforts in the downtown area. ➢ November 10 None ➢ November 17 None COUNCIL TIME 1. Council agreed to the following KXIC schedule: December 7 - Mims December 14 - Dickens December 21 - Wright December 28 - Wilburn January 3 - Hayek JOINT MEETING AGENDA ITEMS [IP7] Mayor Hayek and Council Member Wright stated they would be unable to attend. UISG Rep. indicated he had class and would not be in attendance. Council agreed to submit one agenda item, "Physical Plant Update of School Buildings /Deficiencies ". COUNCIL TIME (continued) 2. Council Member Bailey stated she would be reporting on her attendance at the UNESCO Creative Cities Conference and bringing items from the Mayor of Seoul at the formal meeting Tuesday. 3. Council Member Dickens provided an update of the Johnson County Paratransit Advisory Board meeting. 4. Council Member Wright provided information on the JECC (Johnson County Emergency Center) Executive Board meeting, and the Board would be meeting on the 28th to discuss the budget. SUMMARY OF PENDING WORK SESSION ISSUES [IP2] None 2011 LEGISLATIVE PRIORITIES [I P2 of 11/10 packet] Council agreed to schedule discussion of the legislative priorities at their December 6 work session. MEETING SCHEDULE City Clerk Karr stated she was preparing a draft meeting schedule, including special budget sessions, for inclusion in the packet this week. The schedule would be firmed up at the orientation meeting November 29tH Council Work Session November 21, 2011 Page 4 UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS City Clerk Karr noted the December 1 Convention and Visitors Bureau Annual Luncheon at the Sheraton from 11:30 -1:30. Council Members will check their calendars and let the Clerk know if they wished to attend. Meeting adjourned 8:50 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 for this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS — 11/22/11 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. The Mayor presented Outstanding Student Citizenship Awards to Lincoln Elementary students: Bihotza James - Lejarcegui and Ryan Braverman. The Mayor and Council presented retiring Asst. City Manager Helling a plaque in recognition of his 36 years of service to the City. Unless otherwise noted, all actions were affirmative and unanimous. Moved and seconded that the 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: November 1 Special Council Work Session ; November 1 Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Airport Commission - September 15, 2011; Historic Preservation Commission - October 13, 2011; Historic Preservation Commission - October 17, 2011; Human Rights Commission - October 18, 2011; Planning & Zoning Commission - October 20, 2011; Police Citizens Review Board - October 25, 2011; Senior Center Commission - September 15, 2011. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Perries, 18 Y2 S. Clinton St.; Renewal: Class C Beer Permit for Aldi, Inc. #6, 1534 S. Gilbert St.; Class E Liquor License for Fareway Stores, Inc. #950, 2530 Westwinds Dr.; Class E Liquor License for Fareway Stores, Inc. #034, 2765 Commerce Dr.; Class B Beer Permit for Pit Smokehouse, 130 N. Dubuque St.; Special Class C Liquor License for India Cafe, 227 E. Washington St.; Class B Liquor License for Clarion Highlander Hotel & Conference Center, 2525 N. Dodge St.; Class C Liquor License for Club Car, 122 Wright St.; Class C Liquor License for Quinton's Bar & Deli, 215 E. Washington St.; Class C Beer Permit for Creekside Market, 2601 Hwy 6 E.; RES. 11 -354, TO ISSUE DANCE PERMIT to Clarion Highlander Hotel & Conference Center, 2525 N. Dodge St. Resolutions: RES. 11 -355, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED IN JOHNSON COUNTY, IOWA; RES. 11 -356, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1425 SYCAMORE STREET, IOWA CITY, IOWA; RES. 11 -357, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTY LOCATED AT 214 CHURCH STREET, IOWA CITY, IOWA; RES. 11 -358, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 114 AMHURST STREET, IOWA CITY, IOWA; RES. 11 -359, AUTHORIZING THE MAYOR TO SIGN AND THE CITY November 22, 2011 Official Actions Page 2 CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING AN AGREEMENT, A CONDITIONAL LOAN AGREEMENT, AND FIVE MORTGAGES FOR THE PROPERTIES LOCATED AT 1717 FLATIRON AVENUE, 1017 DOVER STREET, 2600 WAYNE AVENUE, 1206 DIANA STREET AND 114 AMHURST STREET, IOWA CITY, IOWA; RES. 11 -360, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND KERNDT BROTHERS SAVINGS BANK, CEDAR RAPIDS, IOWA FOR PROPERTY LOCATED AT 358 WESTSIDE DRIVE, IOWA CITY, IOWA; RES. 11 -361, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2442 WHISPERING MEADOW DRIVE, IOWA CITY, IOWA; RES. 11 -362, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1542 DICKENSON LANE, IOWA CITY, IOWA; RES. 11 -363, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND MOKA JAVA LLC; RES. 11 -364, RESOLUTION ACCEPTING THE WORK FOR THE 2011 SUMMER SIDEWALK REPAIR PROJECT; RES. 11 -365, ACCEPTING THE WORK FOR THE SANITARY SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR PENINSULA NEIGHBORHOOD SECOND ADDITION, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Setting Public Hearings: RES. 11 -366, SETTING A PUBLIC HEARING FOR DECEMBER 6, 2011 TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA VALLEY HABITAT FOR HUMANITY FOR 1443 PRAIRIE DU CHIEN ROAD AND TO CONSIDER A PROPOSAL TO CONVEY SAID PROPERTY; setting a public hearing for December 6, 2011 regarding an amendment to Iowa City's 2011 -2015 Consolidated Plan (a.k.a. City Steps); RES. 11 -367, SETTING A PUBLIC HEARING FOR DECEMBER 6, 2011 TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND DEERY DEERY AND DEERY LLC FOR LOTS 16 AND 17 WITH AN OPTION ON LOTS 13, 14, and 15 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION AND TO CONSIDER A PROPOSAL TO CONVEY SAID PROPERTY; RES. 11 -368, SETTING PUBLIC HEARING FOR DECEMBER 6, 2011 ON A PROPOSAL TO DISCLAIM ANY INTEREST IN THE IOWA CITY COMMUNITY SCHOOL DISTRICT'S CENTRAL ADMINISTRATIVE OFFICE LOCATED AT 509 SOUTH DUBUQUE STREET, IOWA CITY, JOHNSON COUNTY, IOWA. Motions: Approve disbursements in the amount of $15,083,826.10 for the period of October 1 through October 31, 2011, as recommended by the Finance Director subject to audit. Correspondence: Traffic Engineering Planner regarding Installation of (2) NO PARKING BETWEEN SIGNS signs with ARROWS on Swisher Lane; Traffic Engineering Planner regarding Installation of NO PARKING 6 PM — 6 AM signs for northbound traffic on Freedom Court; Traffic Engineering Planner regarding Installation of (1) NO PARKING ANY TIME sign with ARROW at the cul -de -sac on the west terminus of Haywood Drive; Traffic Engineering Planner regarding Installation of (1) NO PARKING ANY TIME sign with November 22, 2011 Official Actions Page 3 ARROW for westbound Otto Street traffic near the intersection with Lee Street; Tim Nuccio regarding Metered Sewer [staff response included]; Robert Peterson regarding Scooter /bicycle parking [staff response included]; Stephen Clark regarding City Council Oversight on Expenditures [staff response included]; Steve Ward regarding Disappointed; Nate Mims regarding Recent Vote and meeting 11.1.11 [staff response included]; Charles & Karen McGuire; Kristy Hartsgrove regarding Occupy Iowa City; Tia Smith regarding Iowa City Animal Shelter; Anthony Browne regarding Ambulatory vs. mobile vending carts; Elias Zaharias regarding Federal Law on Illegal Immigration; Rod Sullivan (X2) regarding JECC Timothy Grady: 2305 — 2307 Catskill Court; Celie Butler regarding levee /dike on Taft Speedway (Email of same letter received by individual Council Members); Emily Busse regarding Do you know an interesting UI graduate ?; Curtis Jasa regarding Carousel Motors Crossing My Path ... Again (X2); Nathan Kibby regarding Fundraiser to Benefit Pediatrics at the University of Iowa Leon Hemphill, 1100 Arthur, appeared regarding Section 8 Housing and City services. Kevin Perez, 161 Columbia Drive, appeared regarding proposed amendment to the local liquor regulations, and possible elimination of regulations that are not working or no longer needed. Kenneth Longden, 1940 S. Ridge Drive, thanked Council for all they are doing and encouraged them to do better in the future. Moved and seconded to set a public hearing for December 6 on an ordinance conditionally rezoning approximately .34 -acres of land located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street and the MidAmerican substation located on the west side of Linn Street from Neighborhood Residential Stabilization (RNS -12) to Central Business Service (CB -2) (REZ11- 00012). Moved and seconded to set a public hearing for December 6 on an ordinance conditionally rezoning approximately .88 -acres of land located at 2218 Rochester Avenue from Low Density Single- Family Residential (RS -5) to Low Density Multi - Family Residential (RM -12) (REZ11- 00009). A public hearing was held on an ordinance conditionally rezoning approximately 1.15 acres of property located 911 N. Governor Street, from Commercial Office (CO -1) to Low Density Multi - Family Residential (RM -12) (REZ 11- 00016). Applicant Mark Holtkamp appeared. Moved and seconded that the ordinance conditionally rezoning approximately 1. 15 acres of property located 911 N. Governor Street, from Commercial Office (CO -1) to Low Density Multi - Family Residential (RM -12) (REZ 11- 00016), be given first vote. The Mayor declared the motion carried, 4/3, with Hayek, Champion, and Wright voting "no ". Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 11- 4456, AMENDING TITLE 14, ZONING CODE, ARTICLE 14 -213-8, SPECIAL PROVISIONS, BY ADDING A SUBSECTION C TO PROVIDE A TWENTY -FIVE PERCENT DENSITY BONUS OPTION FOR ELDER APARTMENT HOUSING IN THE MULTI - FAMILY ZONES EXCEPT THE NEIGHBORHOOD STABILIZATION RESIDENTIAL ZONE (RNS -20), be voted on for final passage at this time. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded that ORD. 11 -4457, AMENDING THE PLANNED DEVELOPMENT OVERLAY HIGH DENSITY SINGLE FAMILY (OPD /RS -12) PLAN FOR 2.73 -ACRES OF November 22, 2011 Official Actions Page 4 LAND LOCATED AT 2785, 2829 AND 2871 HEINZ ROAD (REZ11- 00013), be passed and adopted. Moved and seconded to adopt RES. 11 -369, APPROVING THE FINAL PLAT OF SADDLEBROOK MEADOWS PART 2, IOWA CITY, IOWA (SUB11- 00014). Moved and seconded to send a letter to the Johnson County Board of Supervisors recommending approval of a rezoning from County Public (P) Zone to County Residential (R) Zone for .93 acres of property located at 3920 Kansas Avenue SW (CZ1 1 -00001). A public hearing was held on a resolution authorizing conveyance of a single family home located at 1025 East Bloomington Street. Moved and seconded to adopt RES. 11 -370, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1025 EAST BLOOMINGTON STREET. A public hearing was held on a resolution authorizing conveyance of a single family home located at 1208 East Burlington Street and rescinding Resolution No. 11 -333. Moved and seconded to adopt RES. 11 -371, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1208 EAST BURLINGTON STREET AND RESCINDING RESOLUTION NO. 11 -333. A public hearing was held on a resolution amending the FY2012 Operating Budget. Moved and seconded to adopt RES. 11 -372, AMENDING THE FY2012 OPERATING BUDGET. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 11 -4458, AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," BY ADDING THE DEFINITION OF CALIBRATOR TO SECTION 5 -2 -1, "DEFINITIONS; AMENDING SECTION 5 -2 -2 TO CLARIFY COMPANY RESPONSIBILITY WHEN A VEHICLE IS NO LONGER OPERATING AS A TAXI; AMENDING SECTION 5 -2 -7 TO PROVIDE PROVISIONS FOR ONE RATE PER COMPANY PER CALIBRATION FORM; AND SECTION 5 -2 -8 REMOVING THE OPTION OF OWNER NAME INSTEAD OF BUSINESS NAME, be voted on for final passage at this time. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 11- 4459, AMENDING TITLE 1, "ADMINISTRATION ", CHAPTER 8, "ADMINISTRATIVE SERVICE DEPARTMENTS ", SECTION 1 -8 -1, "ADMINISTRATIVE SERVICE DEPARTMENTS ORGANIZED" TO UPDATE THE TITLES OF DEPARTMENTS AND THE HEADS THEREOF AND AMENDING SECTION 1 -8 -3 "DEPARTMENT HEADS" TO ESTABLISH A RESIDENCY REQUIREMENT FOR DEPARTMENT HEADS, be voted on for final passage at this time. Moved and seconded that the ordinance be finally adopted at this time. Mayor Hayek and Council Members Champion and Dickens left the meeting due to a conflict of interest on the next item. Mayor Pro tem Wilburn presiding. Moved and seconded that the ordinance amending Title 3, "Finance, Taxation and Fees" of the City Code to add a new chapter establishing the Iowa City Downtown Self- Supported Municipal Improvement District (SSMID) pursuant to the provisions of Chapter 386, Code of Iowa; and providing for the establishment of an operation fund and the levy of an annual tax in connection therewith, be given second vote. Joe Murphy, 2050 N. Dubuque and Judy November 22, 2011 Official Actions Page 5 Pfohl, 2229 Abbey Lane appeared. The Mayor Pro tem declared the motion carried unanimously, 4/0/3, with the following division of roll call vote. Ayes: Bailey, Champion, Mims, Wright. Abstaining: Hayek, Champion, Dickens. Moved and seconded to accept petitions opposing SSMID. Mayor Hayek and Council Members Champion and Dickens returned. Mayor Hayek now presiding. Moved and seconded to defer consideration of an ordinance amending Title 9, "Motor Vehicles and Traffic", Chapter 1, Definitions, Administration and Enforcement of Traffic Provisions ", Section 1, "Definitions "; and amending Title 9, "Motor Vehicles and Traffic ", to add a new Chapter 11, Automatic Traffic Enforcement, to allow for red light automated traffic enforcement, until after the first of the year. The Mayor declared the motion carried unanimously, 6/1, Wright voting "no ". Moved and seconded to accept correspondence from James Walker. Moved and seconded to adopt RES. 11 -373, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE SEVENTH AMENDMENT TO THE PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND PENINSULA DEVELOPMENT COMPANY, L.L.C. (PDC). Moved and seconded to accept correspondence from Patrick Steward (X2). Moved and seconded to defer until December 6 a resolution approving Economic Development Process and Policies. Moved and seconded to defer indefinitely a resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Court Hill Trail — Phase Three project. Moved and seconded to adopt RES. 11 -375, 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 SNYDER AND ASSOCIATES PROFESSIONAL ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE TERRY TRUEBLOOD RECREATION AREA PHASE FOUR IMPROVEMENT PROJECT. Moved and seconded to adopt RES. 11 -376, ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS. Moved and seconded to adopt RES. 11 -377, REPEALING RESOLUTION Nos. 07 -261, 07-202,96-59,09-196,99-379,11-66 AND 11 -231 AND CONSOLIDATING THE CONTRACTUAL AUTHORITY DELEGATED FROM THE CITY COUNCIL TO THE CITY MANAGER IN SAID EARLIER RESOLUTIONS INTO ONE RESOLUTION AND MAKING CHANGES TO THE AUTHORITY GRANTED TO THE CITY MANAGER TO SIGN CONTRACTS AND AUTHORIZE EXPENDITURES FOR CAPITAL OUTLAY, COMMODITIES AND OPERATING SERVICES. The Mayor noted the current vacancies: Airport Zoning Brd of Adjustment for an unexpired term, effective upon appointment, plus a five -year term January 1, 2007 - December 31, 2011; Airport Zoning Brd of Adjustment for a five -year term January 1, 2009 - December 31, 2013; Airport Zoning Commission for a six -year term January 1, 2006 — December 31, 2011; Airport Zoning Commission for a six -year term January 1, 2010 — December 31, 2015; Board of Adjustment for a five -year term January 1, 2012 — January 1, 2017; Planning & Zoning Commission for an unexpired term, effective upon appointment, ending May 1, 2015; Public Art Advisory Committee for two vacancies to fill three -year terms November 22, 2011 Official Actions Page 6 January 1, 2012 — January 1, 2015; Senior Center Commission for two vacancies to fill three - year terms January 1, 2012 — December 31, 2014; Youth Advisory Commission for two vacancies to fill two -year terms January 1, 2012 — December 31, 2013; Youth Advisory Commission for Tate High for a two -year term January 1, 2011 — December 31, 2012. Applications must be received by 5:00 p.m., Wednesday, November 30, 2011. Board of Appeals for a five -year term January 1, 2012 — December 31, 2016, for a Mechanical or Building Design Professional or a qualified trade representative, if after 3 months no professional applies or is appointed; Telecommunications Commission for an unexpired term, effective upon appointment — March 13, 2014. Applications must be received by 5:00 p.m., Wednesday, December 7, 2011. The Mayor noted the current vacancy: Planning & Zoning Commission for an unexpired term, effective upon appointment — May 1, 2015. Applications must be received by 5:00 p.m., Wednesday, December 28, 2011. Moved and seconded to accept correspondence from Michelle Payne. Moved and seconded to adjourn to executive session to evaluate the professional competency of individuals whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individuals' reputations and those individuals requested a closed session. The Mayor adjourned into executive session 8:30 p.m. Moved and seconded to adjourn special meeting 8:46 p.m. A more complete description of Council Activities and disbursements is on file in the office of the City Clerk and Finance Department. s /Matthew J. Hayek, Mayor s /Marian K. Karr, City Cler AZ ,,t�ft) � Submitted for publication — 11/29/11. 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 NOVEMBER 21, 2011 Iowa City City Council special meeting, 5:30 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Staff members present: Markus, Helling, Bentley, Dilkes, Karr. All actions were affirmative and unanimous. Moved by Bailey, seconded by Champion, to adopt RES. 11 -353, RELATING TO THE ISSUANCE OF NOT TO EXCEED $1,832,000 IN AGGREGATE PRINCIPAL AMOUNT OF MIDWESTERN DISASTER AREA REVENUE BONDS (EPS PROPERTIES LLC PROJECT) SERIES 2011 OF THE CITY OF IOWA CITY, IOWA; AND SPECIFICALLY (1) DECLARING INTENT TO REIMBURSE EXPENDITURES FROM PROCEEDS OF SAID BONDS; (2) FIXING A DATE FOR A PUBLIC HEARING ON DECEMBER 6, 2011 ON THE PROPOSAL TO ISSUE SAID BONDS; AND (3) DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE SAID BONDS. Moved by Mims, seconded by Champion, to adjourn the special meeting 5:31 p.m. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES NOVEMBER 22, 2011 Iowa City City Council special meeting, 7 :00 p.m. at City Hall. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Staff members present: Markus, Helling, Dilkes, Karr, Davidson, Bentley, Andrew, Moran, Hargadine, Yapp, O'Malley. The Mayor presented Outstanding Student Citizenship Awards to Lincoln Elementary students: Bihotza James - Lejarcegui and Ryan Braverman. The Mayor and Council presented retiring Asst. City Manager Helling a plaque in recognition of his 36 years of service to the City. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Champion, seconded by Mims, that the 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: November 1 Special Council Work Session; November 1 Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Airport Commission - September 15, 2011; Historic Preservation Commission - October 13, 2011; Historic Preservation Commission - October 17, 2011; Human Rights Commission - October 18, 2011; Planning & Zoning Commission - October 20, 2011; Police Citizens Review Board - October 25, 2011; Senior Center Commission - September 15, 2011. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Perries, LLC, dba Perries, 18 Y2 S. Clinton St.; Renewal: Class C Beer Permit for Aldi, Inc., dba Aldi, Inc. #6, 1534 S. Gilbert St.; Class E Liquor License for Fareway Stores, Inc., dba Fareway Stores, Inc. #950, 2530 Westwinds Dr.; Class E Liquor License for Fareway Stores, Inc., dba Fareway Stores, Inc. #034, 2765 Commerce Dr.; Class B Beer Permit for Pit Smokehouse, LLC, dba Pit Smokehouse, 130 N. Dubuque St.; Special Class C Liquor License for India Cafe Corp., dba India Cafe, 227 E. Washington St.; Class B Liquor License for Posh Hotel, LLC, dba Clarion Highlander Hotel & Conference Center, 2525 N. Dodge St.; Class C Liquor License for Suzster, Inc., dba Club Car, 122 Wright St.; Class C Liquor License for Lusati, Inc., dba Quinton's Bar & Deli, 215 E. Washington St.; Class C Beer Permit for Sector, Inc., dba Creekside Market, 2601 Hwy 6 E.; RES. 11 -354, TO ISSUE DANCE PERMIT to Posh Hotel, LLC, dba Clarion Highlander Hotel & Conference Center, 2525 N. Dodge St. Resolutions: RES. 11 -355, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED IN JOHNSON COUNTY, IOWA; RES. 11 -356, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1425 SYCAMORE STREET, IOWA CITY, IOWA; RES. 11 -357, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTY LOCATED AT 214 CHURCH STREET, IOWA CITY, IOWA; RES. 11 -358, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A November 22, 2011 Complete Description Page 2 MORTGAGE FOR THE PROPERTY LOCATED AT 114 AMHURST STREET, IOWA CITY, IOWA; RES. 11 -359, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING AN AGREEMENT, A CONDITIONAL LOAN AGREEMENT, AND FIVE MORTGAGES FOR THE PROPERTIES LOCATED AT 1717 FLATIRON AVENUE, 1017 DOVER STREET, 2600 WAYNE AVENUE, 1206 DIANA STREET AND 114 AMHURST STREET, IOWA CITY, IOWA; RES. 11 -360, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND KERNDT BROTHERS SAVINGS BANK, CEDAR RAPIDS, IOWA FOR PROPERTY LOCATED AT 358 WESTSIDE DRIVE, IOWA CITY, IOWA; RES. 11 -361, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2442 WHISPERING MEADOW DRIVE, IOWA CITY, IOWA; RES. 11 -362, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1542 DICKENSON LANE, IOWA CITY, IOWA; RES. 11 -363, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND MOKA JAVA LLC; RES. 11 -364, RESOLUTION ACCEPTING THE WORK FOR THE 2011 SUMMER SIDEWALK REPAIR PROJECT; RES. 11 -365, ACCEPTING THE WORK FOR THE SANITARY SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR PENINSULA NEIGHBORHOOD SECOND ADDITION, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Setting Public Hearings: RES. 11 -366, SETTING A PUBLIC HEARING FOR DECEMBER 6, 2011 TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA VALLEY HABITAT FOR HUMANITY FOR 1443 PRAIRIE DU CHIEN ROAD AND TO CONSIDER A PROPOSAL TO CONVEY SAID PROPERTY; setting a public hearing for December 6, 2011 regarding an amendment to Iowa City's 2011 -2015 Consolidated Plan (a.k.a. City Steps); RES. 11 -367, SETTING A PUBLIC HEARING FOR DECEMBER 6, 2011 TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND DEERY DEERY AND DEERY LLC FOR LOTS 16 AND 17 WITH AN OPTION ON LOTS 13, 14, and 15 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION AND TO CONSIDER A PROPOSAL TO CONVEY SAID PROPERTY; RES. 11 -368, SETTING PUBLIC HEARING FOR DECEMBER 6, 2011 ON A PROPOSAL TO DISCLAIM ANY INTEREST IN THE IOWA CITY COMMUNITY SCHOOL DISTRICT'S CENTRAL ADMINISTRATIVE OFFICE LOCATED AT 509 SOUTH DUBUQUE STREET, IOWA CITY, JOHNSON COUNTY, IOWA. Motions: Approve disbursements in the amount of $15,083,826.10 for the period of October 1 through October 31, 2011, as recommended by the Finance Director subject to audit. Correspondence: Traffic Engineering Planner regarding Installation of (2) NO PARKING BETWEEN SIGNS signs with ARROWS on Swisher Lane; Traffic Engineering Planner regarding Installation of NO PARKING 6 PM — 6 AM signs for northbound traffic on Freedom Court; Traffic Engineering Planner regarding Installation of (1) NO PARKING ANY November 22, 2011 Complete Description Page 3 TIME sign with ARROW at the cul -de -sac on the west terminus of Haywood Drive; Traffic Engineering Planner regarding Installation of (1) NO PARKING ANY TIME sign with ARROW for westbound Otto Street traffic near the intersection with Lee Street; Tim Nuccio regarding Metered Sewer [staff response included]; Robert Peterson regarding Scooter /bicycle parking [staff response included]; Stephen Clark regarding City Council Oversight on Expenditures [staff response included]; Steve Ward regarding Disappointed; Nate Mims regarding Recent Vote and meeting 11.1.11 [staff response included]; Charles & Karen McGuire; Kristy Hartsgrove regarding Occupy Iowa City; Tia Smith regarding Iowa City Animal Shelter; Anthony Browne regarding Ambulatory vs. mobile vending carts; Elias Zaharias regarding Federal Law on Illegal Immigration; Rod Sullivan (X2) regarding JECC Timothy Grady: 2305 — 2307 Catskill Court; Celie Butler regarding levee /dike on Taft Speedway (Email of same letter received by individual Council Members); Emily Busse regarding Do you know an interesting UI graduate ?; Curtis Jasa regarding Carousel Motors Crossing My Path ... Again (X2); Nathan Kibby regarding Fundraiser to Benefit Pediatrics at the University of Iowa Leon Hemphill, 1100 Arthur, appeared regarding Section 8 Housing and City services. Kevin Perez, 161 Columbia Drive, appeared regarding proposed amendment to the local liquor regulations, and possible elimination of regulations that are not working or no longer needed. Kenneth Longden, 1940 S. Ridge Drive, thanked Council for all they are doing and encouraged them to do better in the future. Moved by Mims, seconded by Dickens, to set a public hearing for December 6 on an ordinance conditionally rezoning approximately .34 -acres of land located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street and the MidAmerican substation located on the west side of Linn Street from Neighborhood Residential Stabilization (RNS -12) to Central Business Service (CB -2) (REZ11- 00012). Moved by Bailey, seconded by Champion, to set a public hearing for December 6 on an ordinance conditionally rezoning approximately .88 -acres of land located at 2218 Rochester Avenue from Low Density Single- Family Residential (RS -5) to Low Density Multi - Family Residential (RM -12) (REZ11- 00009). A public hearing was held on an ordinance conditionally rezoning approximately 1. 15 acres of property located 911 N. Governor Street, from Commercial Office (CO -1) to Low Density Multi - Family Residential (RM -12) (REZ 11- 00016). The Mayor asked Council Members to report any ex parte communications, and Council Member Wright reported a conversation with the Mayor. PCD Dir. Davidson presented a power point and present for discussion. Applicant Mark Holtkamp appeared. Individual Council Members expressed their views Moved by Bailey, seconded by Champion, that the ordinance conditionally rezoning approximately 1. 15 acres of property located 911 N. Governor Street, from Commercial Office (CO -1) to Low Density Multi - Family Residential (RM -12) (REZ 11- 00016), be given first vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 4/3, with Hayek, Champion, and Wright voting "no ". Moved by Wilburn, seconded by Bailey, 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. 11 -4456, AMENDING TITLE 14, ZONING CODE, ARTICLE 14 -213-8, SPECIAL PROVISIONS, BY ADDING A SUBSECTION C TO PROVIDE A TWENTY -FIVE PERCENT DENSITY BONUS OPTION FOR ELDER APARTMENT HOUSING IN THE November 22, 2011 Complete Description Page 4 MULTI - FAMILY ZONES EXCEPT THE NEIGHBORHOOD STABILIZATION RESIDENTIAL ZONE (RNS -20), be voted on for final passage at this time. Moved by Wilburn, seconded by Bailey, that the ordinance be finally adopted at this time. Moved by Mims, seconded by Champion, that ORD. 11 -4457, AMENDING THE PLANNED DEVELOPMENT OVERLAY HIGH DENSITY SINGLE FAMILY (OPD /RS -12) PLAN FOR 2.73 -ACRES OF LAND LOCATED AT 2785, 2829 AND 2871 HEINZ ROAD (REZ11- 00013), be passed and adopted. Moved by Bailey, seconded by Mims, to adopt RES. 11 -369, APPROVING THE FINAL PLAT OF SADDLEBROOK MEADOWS PART 2, IOWA CITY, IOWA (SUB11- 00014). PCD Dir. Davidson presented a power point. Moved by Bailey, seconded by Champion, to send a letter to the Johnson County Board of Supervisors recommending approval of a rezoning from County Public (P) Zone to County Residential (R) Zone for .93 acres of property located at 3920 Kansas Avenue SW (CZ11- 00001). PCD Dir. Davidson presented a power point. A public hearing was held on a resolution authorizing conveyance of a single family home located at 1025 East Bloomington Street. No one appeared. Moved by Wright, seconded by Bailey, to adopt RES. 11 -370, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1025 EAST BLOOMINGTON STREET. A public hearing was held on a resolution authorizing conveyance of a single family home located at 1208 East Burlington Street and rescinding Resolution No. 11 -333. No one appeared. Moved by Bailey, seconded by Mims, to adopt RES. 11 -371, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1208 EAST BURLINGTON STREET AND RESCINDING RESOLUTION NO. 11 -333. A public hearing was held on a resolution amending the FY2012 Operating Budget. Finance Dir. O'Malley present for discussion. Moved by Wright, seconded by Mims, to adopt RES. 11 -372, AMENDING THE FY2012 OPERATING BUDGET. Moved by Bailey, seconded by Mims, 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. 11 -4458, AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," BY ADDING THE DEFINITION OF CALIBRATOR TO SECTION 5 -2 -1, "DEFINITIONS; AMENDING SECTION 5 -2 -2 TO CLARIFY COMPANY RESPONSIBILITY WHEN A VEHICLE IS NO LONGER OPERATING AS A TAXI; AMENDING SECTION 5 -2 -7 TO PROVIDE PROVISIONS FOR ONE RATE PER COMPANY PER CALIBRATION FORM; AND SECTION 5 -2 -8 REMOVING THE OPTION OF OWNER NAME INSTEAD OF BUSINESS NAME, be voted on for final passage at this time. Moved by Bailey, seconded by Champion, that the ordinance be finally adopted at this time. Moved by Wilburn, seconded by Bailey, 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. 11 -4459, AMENDING TITLE 1, "ADMINISTRATION ", CHAPTER 8, "ADMINISTRATIVE SERVICE DEPARTMENTS ", SECTION 1 -8 -1, "ADMINISTRATIVE SERVICE DEPARTMENTS ORGANIZED" TO UPDATE THE TITLES OF DEPARTMENTS November 22, 2011 Complete Description Page 5 AND THE HEADS THEREOF AND AMENDING SECTION 1 -8 -3 "DEPARTMENT HEADS" TO ESTABLISH A RESIDENCY REQUIREMENT FOR DEPARTMENT HEADS, be voted on for final passage at this time. Moved by Wilburn, seconded by Bailey, that the ordinance be finally adopted at this time. Mayor Hayek and Council Members Champion and Dickens left the meeting due to a conflict of interest on the next item. Mayor Pro tern Wilburn presiding. Moved by Bailey, seconded by Wright, that the ordinance amending Title 3, "Finance, Taxation and Fees" of the City Code to add a new chapter establishing the Iowa City Downtown Self- Supported Municipal Improvement District (SSMID) pursuant to the provisions of Chapter 386, Code of Iowa; and providing for the establishment of an operation fund and the levy of an annual tax in connection therewith, be given second vote. Economic Development Coordinator Ford present for discussion. Joe Murphy, 2050 N. Dubuque and Judy Pfohl, 2229 Abbey Lane appeared. Individual Council Members expressed their views. The Mayor Pro tem declared the motion carried unanimously, 4/0/3, with the following division of roll call vote. Ayes: Bailey, Champion, Mims, Wright. Abstaining: Hayek, Champion, Dickens. Moved by Mims, seconded by Bailey, to accept petitions opposing SSMID. Mayor Hayek and Council Members Champion and Dickens returned. Mayor Hayek now presiding. Moved by Champion, seconded by Mims, to defer consideration of an ordinance amending Title 9, "Motor Vehicles and Traffic ", Chapter 1, "Definitions, Administration and Enforcement of Traffic Provisions ", Section 1, "Definitions "; and amending Title 9, "Motor Vehicles and Traffic ", to add a new Chapter 11, Automatic Traffic Enforcement, to allow for red light automated traffic enforcement, until after the first of the year. The Mayor declared the motion carried unanimously, 6/1, Wright voting "no ". Moved by Wilburn, seconded by Mims, to accept correspondence from James Walker. Moved by Bailey, seconded by Wright, to adopt RES. 11 -373, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE SEVENTH AMENDMENT TO THE PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND PENINSULA DEVELOPMENT COMPANY, L.L.C. (PDC). Moved by Wilburn, seconded by Mims, to accept correspondence from Patrick Steward (X2). Moved by Bailey, seconded by Wilburn, to defer until December 6 a resolution approving Economic Development Process and Policies. Moved by Wright, seconded by Mims, to defer indefinitely a resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Court Hill Trail — Phase Three project. Moved by Champion, seconded by Mims, to adopt RES. 11 -375, 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 SNYDER AND ASSOCIATES PROFESSIONAL ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE TERRY TRUEBLOOD RECREATION AREA PHASE FOUR IMPROVEMENT PROJECT. Moved by Champion, seconded by Wright, to adopt RES. 11 -376, ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS. Parks & Rec. Dir. Moran present for discussion. November 22, 2011 Complete Description Page 6 Moved by Wright, seconded by Mims, to adopt RES. 11 -377, REPEALING RESOLUTION Nos. 07 -261, 07 -202, 96 -59, 09 -196, 99-379,11-66 AND 11 -231 AND CONSOLIDATING THE CONTRACTUAL AUTHORITY DELEGATED FROM THE CITY COUNCIL TO THE CITY MANAGER IN SAID EARLIER RESOLUTIONS INTO ONE RESOLUTION AND MAKING CHANGES TO THE AUTHORITY GRANTED TO THE CITY MANAGER TO SIGN CONTRACTS AND AUTHORIZE EXPENDITURES FOR CAPITAL OUTLAY, COMMODITIES AND OPERATING SERVICES. The Mayor noted the current vacancies: Airport Zoning Brd of Adjustment for an unexpired term, effective upon appointment, plus a five -year term January 1, 2007 - December 31, 2011; Airport Zoning Brd of Adjustment for a five -year term January 1, 2009 - December 31, 2013; Airport Zoning Commission for a six -year term January 1, 2006 - December 31, 2011; Airport Zoning Commission for a six -year term January 1, 2010 - December 31, 2015; Board of Adjustment for a five -year term January 1, 2012 - January 1, 2017; Planning & Zoning Commission for an unexpired term, effective upon appointment, ending May 1, 2015; Public Art Advisory Committee for two vacancies to fill three -year terms January 1, 2012 - January 1, 2015; Senior Center Commission for two vacancies to fill three - year terms January 1, 2012 - December 31, 2014; Youth Advisory Commission for two vacancies to fill two -year terms January 1, 2012 - December 31, 2013; Youth Advisory Commission for Tate High for a two -year term January 1, 2011 - December 31, 2012. Applications must be received by 5:00 p.m., Wednesday, November 30, 2011. Board of Appeals for a five -year term January 1, 2012 - December 31, 2016, for a Mechanical or Building Design Professional or a qualified trade representative, if after 3 months no professional applies or is appointed; Telecommunications Commission for an unexpired term, effective upon appointment - March 13, 2014. Applications must be received by 5:00 p.m., Wednesday, December 7, 2011. The Mayor noted the current vacancy: Planning & Zoning Commission for an unexpired term, effective upon appointment - May 1, 2015. Applications must be received by 5:00 p.m., Wednesday, December 28, 2011. Moved by Wright, seconded by Champion, to accept correspondence from Michelle Payne. Council Member Dickens invited everyone to "Celebrate the Seasons" in downtown Iowa City starting Friday night and all day Saturday; and congratulated Regina High School on their second straight Class 2 -A state football title. Council Member Bailey presented gifts from the Mayor of Seoul to Mayor Hayek, stated she had distributed a memo regarding her attendance at the UNESCO Creative Cities Conference and would include copies in the next packet, and thanked the Convention and Visitors Bureau Board for allowing her to attend the conference. Mayor Pro tem Wilburn congratulated the American Cancer Society for the successful "Dancing with the Stars" fundraiser. Council Member Wright wished everyone a Happy Thanksgiving, and safe travels. Council Member Champion echoed Council Member Wright's comments, and reminded everyone to properly cook the turkey. Council Member Mims thanked volunteer Linda Schreiber for all her planting efforts in the downtown and ped mall and the thousands of plants donated over the years; and congratulated Dale on his retirement. Mayor Hayek echoed the comments regarding Linda Schreiber, and stated the downtown holiday decorations are looking good. November 22, 2011 Complete Description Page 7 City Manager Markus wished Dale the best in his retirement. Asst. City Manager Helling reported that Linda Schreiber had given Dale a pair of heavy gardening gloves as a retirement gift hoping he might be downtown in the spring working in the planters. City Atty. Dilkes thanked Dale for all his efforts, and stated he would be missed. Moved by Bailey, seconded by Mims, to adjourn to executive session to evaluate the professional competency of individuals whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individuals' reputations and those individuals requested a closed session (City Manager, City Attorney, and City Clerk). The Mayor adjourned into executive session 8:30 p.m. Council returned to open session 8:45 p.m. Moved by Mims, seconded by Bailey, to adjourn special meeting 8:46 p.m. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk