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HomeMy WebLinkAbout2009-02-24 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES FEBRUARY 24, 2009 Iowa City 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, Lewis, Moran, O'Malley, Hennes, Knoche. The Mayor presented Outstanding Student Citizenship Awards to Regina Elementary students: Ashley Gaffey, Grant Hogan, and Jamie Porter. The Mayor proclaimed National Women and Girls HIV/AIDS Awareness Day -March 10, 2009. Kim Lamon, United Action For Youth, accepting. Moved by Champion, seconded by O'Donnell, that the following items and recommendations in the Consent Calendar be received, approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: February 9, Council Work Session; February 9, Special Council Formal Official and Complete; February 10, Special Council Formal Official and Complete; February 17, Special Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Public Art Advisory Committee -January 8, 2009; Planning and Zoning Commission -January 15, 2009; Police Citizens Review Board -January 13, 2009; Historic Preservation Commission - January 8, 2009; Public Art Advisory Committee -January 8, 2009; Permit Motions and Resolutions as Recommended by the City Clerk: Renewal: Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Food Store#2, 812 S First Ave. Class C Beer Permit for Fareway Stores, Inc., dba Fareway Stores, Inc. #950, 2530 Westwinds Dr.; Class C Beer Permit for Fareway Stores, Inc., dba Fareway Stores, Inc. #034, 2765 Commerce Dr.; Class B Beer Permit for Stuff Corporation dba Godfathers Pizza, 531 Hwy 1 West; Special Class C Liquor License for Devotay, Inc., dba Devotay, 117 N Linn St.; Class C Liquor License for Kmarcella, Inc., dba Donnelly's Pub,110 E College St.; Class C Liquor License for EI Ranchero, Inc., dba EI Ranchero Mexican Restaurant, 21 Sturgis Corner Dr.; Class B Liquor License for RBD Iowa City, LLC, dba Sheraton Iowa City, 210 S Dubuque St.; Outdoor Service Area for RBD Iowa City, LLC, dba Sheraton Iowa City, 210 S Dubuque St.; RES. 09-51, TO ISSUE DANCE PERMIT for the Sheraton Iowa City, 210 S Dubuque St. Motions. Approve disbursements in the amount of $13,736,711.30 for the period of January 1 through January 31, 2009, as recommended by the Finance Director subject to audit. Public Hearings: Set a public hearing for March 10, 2009 on an ordinance amending Title 16, Chapter 16 entitled "City Utilities" of the City Code of Iowa City, Iowa, by adopting a new Section 16-3B-9 entitled "Project Specific Tap-On Fee for the Dane Road Trunk Sewer project; Set a public hearing for March 10, 2009 on an ordinance amending Title 16, Chapter 16 entitled "City Utilities" of the City Code of Complete Description February 24, 2009 Page 2 Iowa City, Iowa, by adopting a new section 16-3B-10 entitled "project specific tap-on fee for the Scott Park Trunk Sewer Project"; Set a public hearing for March 10, 2009 on a lease with the Joint Emergency Communications Services Association of Johnson County for placement of a monopole telecommunications tower at fire station 3. Resolutions: RES. 09-52, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A TRAIL EASEMENT AGREEMENT AND A SANITARY SEWER EASEMENT AGREEMENT AND TO RELEASE CERTAIN EASEMENTS LOCATED ON 820 AND 830 S. RIVERSIDE DRIVE, IOWA CITY, IOWA; RES. 09-53, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORM WATER MANAGEMENT EASEMENT AGREEMENT PERTAINING TO JOHNSON COUNTY JOINT EMERGENCY COMMUNICATION CENTER 4529 MELROSE AVENUE, IOWA CITY, IOWA; RES. 09-54, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER THREE GUYS HOLDINGS, LLP, AND TENANT J.J.G., L.L.C., D/B/A T-SPOONS, FOR A SIDEWALK CAFE; RES. 09-55, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MIDWESTONE BANK, AND TENANT ICBB, LTD, D/B/A BROWN BOTTLE, FOR A SIDEWALK CAFE; RES. 09-56, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MOKA JAVA LLC, AND TENANT LUSATI, INC, D/B/A QUINTON'S BAR & DELI, FOR A SIDEWALK CAFE; RES. 09-57, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN, AND TENANT GRAZE IOWA CITY LLC, D/B/A GRAZE, FOR A SIDEWALK CAFE; RES. 09-58, ACCEPTING THE WORK FOR THE 2008 SANITARY SEWER REHABILITATION PROJECT; RES. 09-59, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1622 WILSON STREET, IOWA CITY, IOWA; RES. 09-60, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1702 GRYN DRIVE, IOWA CITY, IOWA; RES. 09-61, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1706 FLATIRON AVENUE, IOWA CITY, IOWA. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of (1) YIELD sign on the southeast corner of the intersection of Tracy Lane and Davis Street; JCCOG Traffic Engineering Planner regarding Installation of (2) NO PARKING Complete Description February 24, 2009 Page 3 ANYTIME signs and supplemental arrows in front of the home at 1110 East College Street; JCCOG Traffic Engineering Planner regarding Installation of NO PARKING ANYTIME signs on the east side of Heinz Road between Highway 6 and Paddock Boulevard; JCCOG Traffic Engineering Planner: Installation of NO PARKING ANYTIME signs on the west side of Emerald Street between Melrose Avenue and 20 feet south of the water pump station access driveway; Joseph Jason regarding Daniel Jason letters - Asperger Syndrome Honor Roll Student; David Coss regarding Congratulations on appointment to the UNESCO Creative Cities Network; Nathan Stalheim regarding Parking complaint [staff response included]; regarding Closing of Roosevelt Elementary/School District Facilities Plan, Sheila Knoploh-Odole Chris Blaumueller, Mark Cannon, Meredith Sewell, Rachel Zimmermann Smith, Dannye Frerichs, Greg Nims, Lindsay A. Park, Paula Swygard, Mary Knudson, Leslie Huber, Judith Pascoe, Tim Taffe, Karen Nichols, Julia Wasson, Ranae McKay, Niki and Ron Neems (2), Elizabeth Cook, Melissa Moreton and Brian Gotwals, Daniel Smith, Eric Gidal, Jill De Young, Helen Burford, Tim Weitzel, Diana Colgan, Brandon Ross. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Candy Barnhill, 154 Friendship, appeared requesting Council consideration of an ordinance regarding early morning snow removal and tree maintenance equipment sounds, noting construction equipment is not allowed prior to 7:00 AM. The City Manager stated staff would report back. Moved by Hayek, seconded by Wright, to set a public hearing for March 10 on an ordinance rezoning 18.58-acres of land located north of Rohret Road from Interim Development Residential (ID-RS) to Low Density Single Family Residential (RS-5), 44.29 acres from Rural Residential (RR-1) to Low Density Single Family Residential (RS-5), and 82.3 acres from Low Density Single Family Residential (RS-5) to Planned Development Overlay Low Density Single Family Residential (OPD-5) (REZ08-00011) (Country Club Estates, Part 3-8). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a ordinance rezoning 2.97 -acres of land located northwest of the intersection of First Avenue and Hickory Trail from Low Density Single Family (RS-5) Zone to Planned Development Overlay, Medium Density Single Family (OPD- 8) Zone (REZ08-00012) (Hickory Pointe). PCD Dir. Davidson and Sr. Building Inspector Hennes present for discussion. Duane Musser, MMS Consultants, appeared. The Mayor requested Council Members disclose ex parte communications, and none were reported. Moved by O'Donnell, seconded by Correia, that the ordinance rezoning 2.97 -acres of land located northwest of the intersection of First Avenue and Hickory Trail from Low Density Single Family (RS-5) Zone to Planned Development Overlay, Medium Density Single Family (OPD-8) Zone (REZ08-00012), be 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 Correia, seconded by Wright, to defer indefinitely sending a letter to the Johnson County Board of Supervisors recommending the denial of a rezoning from County Agriculture (A) to County Residential (R) Zone for 39.80 acres located east of Buchmayer Bend NE and west of Hwy 1 NE. (CZ09-00002). PCD Dir. Davidson present for discussion. Complete Description February 24, 2009 Page 4 The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Wright, to accept correspondence from Sandra Steil. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held to discuss the proposed operating budget for the Fiscal Year July 1, 2009 through June 30, 2010, the proposed Three-Year Financial Plan, and also the Multi-Year Capital Improvements Program through Fiscal Year 2013. Scott Larson, C Free Wireless, appeared. A public hearing was held on an ordinance amending Title 17 of the City Code, entitled "Building and Housing," Chapter 2, entitled, "Electrical Code," to adopt the State Electrical Standards and Annex H of the 2008 Edition of the National Electrical Code as the City's Electrical Code. No one appeared. Moved by Wright, seconded by Champion, that the ordinance amending Title 17 of the City Code, entitled "Building and Housing," Chapter 2, entitled, "Electrical Code," to adopt the State Electrical Standards and Annex H of the 2008 Edition of the National Electrical Code as the City's Electrical Code, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Hayek, that the ordinance amending Title 17 of the City Code, entitled "Building and Housing," Chapter 11, entitled, "Licensing," to make the licensing requirements of the building trades consistent with state law and to establish standards for those holding a State Class B Journeyman or Class B Master Electrician License, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Hayek, that the ordinance amending the City Code of the City of Iowa City, Iowa, by revising Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," Section 8, entitled "Persons Under 19 Years of Age in licensed or permitted establishments" Subsection E (1) to increase the penalty for a person under 19 years of age who violates said section to five hundred dollars ($500.00), be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Champion, that the ordinance amending Title 13, entitled "Airports and Aviation," Chapter 1, entitled, "Airport Commission," to change the terms of the commissioners from six (6) years to four (4) years, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wright, seconded by Hayek, that the ordinance amending Title 1, entitled "Administration," Chapter 4, entitled "General Penalty," Section 2D to provide that the civil penalty for over-occupancy of a rental unit be $750.00 for first violation and $1,000.00 for second and subsequent violations, be given second vote. The Mayor declared the motion carried, 6/1, with the following roll call vote: Ayes: Wright, Bailey, Champion, O'Donnell, Wilburn. Nays: Correia. Absent: None. Moved by Champion, seconded by Correia, to adopt RES. 09-62, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF CHILLED WATER LINES AND STEAM Complete Description February 24, 2009 Page 5 DISTRIBUTION LINES IN CONNECTION WITH UNIVERSITY OF IOWA'S HEATING AND COOLING SYSTEMS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Correia, seconded by Hayek, to adopt RES. 09-63, NAMING THE OFF- LEASH DOG PARK LOCATED WITHIN SCOTT PARK, IOWA CITY, IOWA, "RITA'S RANCH OFF-LEASH DOG PARK". Diana Harris, President JC Dog PAC, appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Correia, to adopt RES. 09-64, ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Champion, to adopt RES. 09-65, REQUESTING SUBMISSION OF THE QUESTION OF THE IMPOSITION OF A LOCAL SALES AND SERVICES TAX TO THE QUALIFIED ELECTORS OF THE INCORPORATED AND UNINCORPORATED AREAS OF JOHNSON COUNTY. Deborah Thornton, 631 Scott Park Dr., appeared. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Correspondence received from Tom Carsner (2), Kay Seery, Tom Novak. Moved by Wright, seconded by Correia, to adopt RES. 09-66, SUPPORTING THE AMERICAN RECOVERY AND REINVESTMENT ACT FEDERAL FUNDING RECOMMENDATION FOR THE IOWA CITY PROJECTS AS APPROVED BY THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS TRANSPORTATION TECHNICAL ADVISORY COMMITTEE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Correia, to make the following appointments to Boards and Commissions: Chad Campion, 3015 Pinecrest Road, to the Board of Appeals to fill a five-year term January 1, 2009 -December 31, 2013; re-appoint William Cook, 45 Edgewood Circle, to the Civil Service Commission to fill afour-year term April 6, 2009 -April 1, 2013; re-appointing to the Historic Preservation Commission for three-year terms March 29, 2009 -March 29, 2012: Frank Wagner, 1104 Muscatine Avenue, At-Large; Ginalee Swaim, 1024 Woodlawn, Woodlawn Rep.; and Esther Baker, 1022 E. College Street, East College Representative. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted that no applications were received for the following Boards and Commissions and all will be readvertised: Airport Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus afive-year term ending December 31, 2011; Airport Zoning Commission to fill asix-year term January 1, 2006 -December 31, 2011; Historic Preservation Commission for one College Green District Representative, to fill three-year terms March 29, 2009 -March 29, 2012; Telecommunications Commission for two vacancies to fill three-year terms March 13, 2009 -March 13, 2012. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. 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 Complete Description February 24, 2009 Page 6 continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] The Mayor noted the previously announced vacancies: Airport Commission to fill asix- yearterm March 1, 2009 -March 1, 2015; Airport Zoning Brd of Adjustment to fill afive-year term January 1, 2009 -December 31, 2013; Appeals, Board of to fill afive-year term January 1, 2009 -December 31, 2013, one for a Mechanical Professional; Senior Center Commission for two vacancies to fill three-year terms January 1, 2009 -December 31, 2011; JCCOG Cool Cities Taskforce for one At-Large/Public vacancy to fill cone-year term, effective upon appointment, ending March, 2010. Applications must be received by 5:00 p.m., Wednesday, March 4, 2009; Youth Advisory Commission for two vacancies, One At Large, Effective upon appointment and ending December 31, 2009 and One for Tate High, January 1, 2009 - December 31, 2010. Applications must be received by 5:00 p.m., Wednesday, March 18, 2009. Council Member Correia reported on the JCCOG Joint Housing Task Force meeting and stated the report would be to JCCOG at their March or May meeting. Council Member Hayek noted the amount of misinformation on the Sales Tax and encouraged citizens to become educated before the May 5 election; and noted a recent article in the Corridor Business Journal ranking the Iowa City light industrial park on the east side as the 5th largest in the corridor, stating the City was moving aggressively to recruit good businesses to the area. Council Member Wright reminded citizens that the annual Shelter House book sale was scheduled for February 28. Mayor Bailey echoed comments from Council Member Hayek encouraging citizens to educate themselves on the upcoming Sales Tax election; and confirmed attendance by Council at the JCCOG meeting on February 25. City Manager Lombardo reported on the round table discussion with the Downtown Authority on creating a SMID and the prospects of a downtown manager, and stated more information will be provided. City Atty. Dilkes clarified that revenues generated from the Sales Tax come from the State monthly and not quarterly and was mentioned at the work session the previous evening. Moved by Wilburn, seconded by Hayek, to adjourn 8:05 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members pre t. R is D. Bailey, May . ~~~;~ Mari n K. Karr, City Clerk ~~'__---r,®~ CITY O F [ O V~! A CITY 3a(~ ) ~ ~~~ Date: February 18, 2009 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, February 9, 2009, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright UISG Rep.: Gunn, Swedlund Staff: Lombardo, Helling, Dilkes, Karr, Hargadine (A complete transcription is available in the City Clerk's Office) AGENDA ADDITION Majority agreed to add a resolution, agenda item 32b, approving the use of Community Development Block Grant (CDBG) funds for the local match to the Hazard Mitigation Grant Program (HMGP) property acquisition project and rescinding resolution No. 09-7. SALES TAX [agenda item 6g(13, 14) & IP2 of 2/5 Information Packet] Majority directed staff to proceed with a resolution containing ballot language using 0% for property tax relief and 100% for flood impacted public infrastructure such as the elevation of Dubuque Street and Park Road and the relocation of the North Wastewater Treatment Plant, and include a 5 year sunset clause. STAFF ACTION: Prepare resolution for February 24 agenda. (Dilkes, Karr) COUNCIL APPOINTMENTS Iowa City Conference Board Reappraisal Committee -Matt Hayek Airport Zoning Brd of Adjustment - no applicants, re-advertise Board of Appeals - no applicants, re-advertise Senior Center Commission - no applicants, re-advertise Youth Advisory Commission - Zach Wahls AGENDA ITEMS 1. (Agenda item # 30 -resolution approving .... Agreement ... Anderson-Bogert Engineers and Surveyors ... Burlington/Madison Intersection and Median Project) In response to Council Member Wright, City Mgr. Lombardo stated he would provide information on the University's interest, and financial support for, the project at the formal meeting Tuesday. 2. (Agenda item # 23 -resolution establishing fees for building permits and other services... Housing and Inspection Services Department ...) In response to Council Member Correia, the City Manager stated he would have HIS personnel present to address questions regarding revenues. Council Work Session February 9, 2009 Page 2 3. (Agenda item # 20 -resolution approving the Police Chief's guidelines for review of applications for initial and renewal liquor licenses, beer permits and wine permits and the police and fire on-premises renewal forms) In response to Council Member Wilburn, City Atty. Dilkes stated he could address an issue during the alcohol discussion after the special formal meeting. Council adjourned to special formal session and executive session, 7:30 PM; and returned to the work session at 7:40 PM. ALCOHOL [agenda item 19 & 20] City Atty. Dilkes facilitated discussion of both items. Police Chief Hargadine present for discussion. After discussion a majority directed staff to amend, item 20, Iowa City Police Department On-Premises Liquor License Renewal form, Section A. On-premises Activity, Number if PAULA citations issued during twelve-month renewal period. Note, to read as follows: For renewals after July 1, 2009 if the PAULA rate is greater than 1.00 per visit with at least 18 visits during the twelve-month renewal period, the police department will recommend denial. A lower rate or a rate based on less than 18 visits combined with other factors may result in a recommendation for denial. Majority agreed to proceed with items 19 and 20 as outlined; and agreed not to proceed with consideration of a social host ordinance. STAFF ACTION: Make change as requested inform. (Dilkes) LEGISLATIVE UPDATE The Mayor noted the materials included in the Council packet that were utilized on the lobbying trip to Washington the previous week; and updated Council on future opportunities to expand the City of Literature (UNESCO) designation. Council Member Wilburn reported on the Metro Coalition conference call the previous week. Items discussed were: expansion of the State Historic Tax Credits, consideration of a bill clarifying the liquor license establishment to property adjacent to the licensed premises, and alternative revenue strategy. INFORMATION PACKET DISCUSSION [1/19 and 2/5] (IP5 -January 29th Info Packet -Fire Safety Compliance Report) Mayor Bailey stated she had asked the City Manager to follow up on whether other Fore Code compliance checks were done as well as the occupancy checks. Council Member Champion questioned the time of day the checks were done, noting nights and week-ends would be more likely to be over occupied. COUNCIL TIME 1. Council Member Correia questioned a green turn arrow signalization at the intersection of Dubuque and Jefferson Streets. Council Member Wright and Mayor Bailey reported that JCCOG was currently doing a traffic study of that intersection, and Council Member Wright stated he would follow up with staff. Council Work Session February 9, 2009 Page 3 2. Council Member Hayek noted that some correspondence on the Consent Calendar included a response and others did not and questioned a policy. Asst. City Mgr. Helling stated that correspondence that gave input or opinion were typically not responded to, while those with specific questions were answered. Items asking specific questions of Council Members were given information on how to contact each Council Member directly. 3. Council Member Wright reported he had been contacted by a number of individuals re urban chicken keeping, and asked if there was Council interest to pursue. Majority agreed that a formal written request should be addressed to the Council. 4. Council Member Wright noted discussion over the past years regarding Burlington Street improvements and questioned the possibility of re-routing of Highway 1 outside of downtown. There was no interest to pursue at this time. 5. Council Member Wright stated in talking to HIS staff there was a gap in the sidewalk removal ordinance whereby alleys were no one's responsibility to clear a path across, and often neither property owner of either side of the alley cleared it. Majority agreed to discuss the matter during their discussion later in the year on alleys maintenance. 6. Council Member O'Donnell thanked Council Member Wright for responding the City and welcoming home the troops, and stated he had heard many positive comments about his remarks. SCHEDULE OF PENDING DISCUSSION ITEMS None UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS None DISCUSSION OF MEETING SCHEDULE [IP7 of 2/5 Information Packet] Mayor Bailey noted the need for special work sessions in April and May for prioritization of services and asked Council Members to get their schedules to the City Clerk so staff can schedule. A majority agreed to the following meeting schedule: February 23 -Special Work Session February 24 -Special Formal March 10 -Combined Special Work Session and Formal March 23 -Special Work Session March 24 -Special Formal & Executive Session April 6 -Regular Work Session April 7 -Regular Formal April 20 -combined work session (tentative 5:30PM) and special formal May 4 -Regular Work Session May 5 -Regular Formal Council Work Session February 9, 2009 Page 4 May 18 -Regular Work Session May 19 -Regular Formal June 1 -Regular Work Session June 2 -Regular Formal June 15 -Regular Work Session June 16 -Regular Formal June 29 -Special Work Session June 30 -Special Formal STAFF ACTION: Prepare draft schedule for distribution at February 10 formal meeting, and include final in February 12 information packet. (Karr) Meeting adjourned 8:50 PM. 3a 2 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 - 2/9/09 Iowa City City Council special meeting, 7:30 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: None. Staff members present: Lombardo, Helling, Dilkes, Karr, Hargadine. Moved and seconded to adjourn to executive session to discuss as a public employer, strategy regarding collective bargaining with city employee organizations; as such discussion is exempt from the provisions of Chapter 21. The Mayor declared the motion carried. Moved and seconded to adjourn special meeting 7:40 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Regenia D. Bailey, Mayor s/Marian K. Karr, City Clerk ~c~~~ ~. 7~d~~ Sub~d for publication - 2/13/09. U2-24-Oy 3a 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 - 2/10/09 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: Salute to Hospitalized Veterans Day -February 14, 2009; Congenital Heart Defect Awareness Day -February 14, 2009, Dr. Bansal, University of Iowa Hospitals and Clinics Pediatric Unit accepting. The Mayor and UISG Rep Gunn presented Outstanding Student Citizenship Awards to Hoover Elementary students: Julia Beasley, Jens Dancer, Erica Dodge; and Lucas Elementary students: Dat Tran, Jamie Young. Associate Planner Howard and Senior Center Coordinator Kopping presented the Mayor with the EPA Award for Building Healthy Communities for Active Aging. The Mayor delivered the State of the City message. Moved and seconded that the following items and recommendations in the Consent Calendar be received, approved, and or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: January 5, Council Work Session; January 6, Regular Council Formal Official and Complete; January 10, Special Council Work Session; January 12, Special Council Formal Official and Complete; January 12, Special Council Work Session; January 15, Special Council Work Session; January 28, Special Council Work Session; January 29, Special Council Work Session. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Parks and Recreation Commission -September 24, 2008; Planning and Zoning Commission - December 4, 2008; Board of Adjustment -December 10, 2008; Senior Center Commission -October 21, 2008; Public Library -October 23, 2008; Board of Appeals - May 5, 2005; Youth Advisory Commission -November 23, 2008; Youth Advisory Commission -December 11, 2008; Youth Advisory Commission -December 18, 2008; Police Citizens Review Board -November 18, 2008 Public Art Advisory Committee - November 6, 2008; Public Art Advisory Committee -December 4, 2008; Historic Preservation Commission -December 11, 2008; Public Library -December 18, 2008; Human Rights Commission -November 25, 2008; Airport Commission -December 11, 2008; Telecommunications Commission -December 15, 2008; Animal Care Task Force -January 8, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Mekong Restaurant, 5 Sturgis Corner Dr.; Renewal: Class C Liquor License for Farras Productions, 320 E. Burlington St.; Class C Liquor License for One-Eyed Jake's, 18-20 S. Clinton St.; Special Class C Liquor License for Red Avocado, 521 E. Washington St.; Outdoor Service Area for Red Avocado, 521 E. Official Actions February 10, 2009 Page 2 Washington St.; Class C Liquor License for Bo-James, 118 E Washington St.; Class C Liquor License for It's Brothers Bar & Grill, 125 S Dubuque St.; Outdoor Service Area for It's Brothers Bar & Grill, 125 S Dubuque St.; Class C Liquor License for Iowa City Yacht Club, 13 S. Linn St. #10; Special Class C Liquor License for Thai Flavors, 340 E Burlington St.; Special Class C Liquor License for Thai Spice Restaurant, 1210 S. Gilbert St.; Class E Liquor License for Hy-Vee #3, 1201 N. Dodge St.; Class C Beer Permit for Convenience Store, 106 S. Linn St.; RES. 09-11, TO ISSUE DANCE PERMIT to One-Eyed Jake's, 18-20 S. Clinton St. and It's Brothers Bar & Grill, 125 S Dubuque St.; Class C Liquor License for Monica's Italian Bistro & Pizzeria, 749 Mormon Trek Blvd.; Outdoor Service Area for Monica's Italian Bistro & Pizzeria, 749 Mormon Trek Blvd. Motions: Approve disbursements in the amount of $11,411,059.14 for the period of December 1 through December 31, 2008, as recommended by the Finance Director subject to audit. Public Hearings: Set a public hearing at 7:00 p.m. on Tuesday, February 24, 2009 to receive public comments regarding an ordinance adopting the State's Electrical Standards and Annex H of the 2008 National Electrical Code; RES. 09-12, SETTING A PUBLIC HEARING ON FEBRUARY 24, 2009 TO DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, THE PROPOSED THREE-YEAR FINANCIAL PLAN, AND ALSO THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2013; RES. 09-13, SETTING A PUBLIC HEARING FOR APRIL 7, 2009 ON THE IOWA CITY HOUSING AUTHORITY'S ANNUAL PLAN FOR FISCAL YEAR 2009 AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING. Resolutions: RES. 09-14, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1015 DIANA STREET, IOWA CITY, IOWA; RES. 09-15, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A STATEMENT OF LIFE LIEN AND TWO MORTGAGES FOR THE PROPERTY LOCATED AT 516 RONALDS STREET, IOWA CITY, IOWA; RES. 09-16, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WEST BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 303 3RD AVENUE, IOWA CITY, IOWA; RES. 09-17, ACCEPTING THE WORK FOR THE HIGHLAND COURT WATER MAIN REPLACEMENT PROJECT; RES. 09-18, ACCEPTING THE WORK FOR THE 2007 LOWER WEST BRANCH ROAD -SCOTT BOULEVARD TO TAFT AVENUE IMPROVEMENTS PROJECT; RES. 09-19, ACCEPTING THE WORK FOR THE TRANSIT FACILITY TUCKPOINTING PROJECT; RES. 09-20, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER AMBROSE PROPERTIES LC, AND TENANT CAFFERY, INC., D/B/A DC'S, FOR A SIDEWALK CAFE; RES. 09-21, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A Official Actions February 10, 2009 Page 3 RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER ONE TEN PROPERTIES, LLC, AND TENANT KMARECELLA, INC., D/B/A DONNELLY'S PUB, FOR A SIDEWALK CAFE; RES. 09-22, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER WILLIAM AND HELEN BYINGTON, AND TENANT LITTLE DONKEYS, INC., D/B/A PANCHERO'S MEXICAN GRILL, FOR A SIDEWALK CAFE; RES. 09-23, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER PLAZA TOWERS LLC, AND TENANT J & E, INC., D/B/A FORMOSA ASIAN CUISINE, FOR A SIDEWALK CAFE; RES. 09-24, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN, AND TENANT STARBUCKS CORPORATION, D/B/A STARBUCKS COFFEE #2855-IA, FOR A SIDEWALK CAFE; RES. 09-25, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER LUBIN TRUST, AND TENANT MOTIF, LTD, D/B/A BO-JAMES, FOR A SIDEWALK CAFE; RES. 09-26, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER UNIVERSITY VIEW PARTNERS, AND TENANT DAWIT'S RESTAURANT, D/B/A DAVID'S PLACE, FOR A SIDEWALK CAFE; RES. 09-27, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MOKA JAVA LLC, AND TENANT IOWA CITY COFFEE COMPANY, D/B/A JAVA HOUSE, FOR A SIDEWALK CAFE. Correspondence: Acting Traffic Engineering Planner regarding Installing (1) NO PARKING 8AM-5PM sign on the north side of the 200-block of East First Street; Lucy Hershberger and Nichole Sorensen regarding Youth Conference [Correspondence distributed in the 1/15/09 Information packet]; Richard Haendel regarding Amateur Radio Operators/City Park [distributed in 1/8/09 Info Packet with staff response]; Scott Larson regarding Community Event and Program Funding Request [distributed at 1/28 Special Work Session]; Dawn Svenson regarding Statement on Human Sexuality [distributed at 1/29 Special Work Session]; Tom Slockett (2) regarding Expedited Local Option Sales Tax Update, Sales Tax Estimate [distributed at 1/29 Special Work Session]; Ben Lewis regarding Snow Ordinance [staff response included]; Dennis Kowalski regarding Downtown; Bill Ackerman regarding Valley Avenue Parking [staff response included]; Lee Orsino regarding Recreation Center [staff response included]; DeeAnna Blette regarding Rent Control; Brian Speer regarding Request to add Rohret Road to 5 year CIP [staff comments included]; Correspondence regarding taxes from Official Actions February 10, 2009 Page 4 Holly Berkowitz(X2), Julie Jones, Justin Kaufman,Tom Novak, Jerry Peck, Mary Sturm, Mike Thayer, D. Thornton, Paul and Dianne Werger, Michelle Westfall, Petition: Tea labels, Brian Mildenstein; Tom Slockett (X4) regarding Sales Tax; Russell Haught regarding City services and budget; Steven Anderson regarding Possible electrical interruption and the medical consequences; Petition regarding Court Street neighborhood requests reduction of traffic; Cynthia Parsons, Gary Klinefelder regarding Sidewalks; Liz and Kate Johnson regarding University of Iowa campus radio station, KRUI. The Mayor declared the motion carried. Airport Commissioner Greg Farris updated Council on activities at the Airport and noted copies of the Airport Annual Report distributed. Moved and seconded to set a public hearing for February 24 on an ordinance rezoning 2.97 -acres of land located at the northwest corner of Hickory Trail and First Avenue from Low Density Single Family (RS-5) Zone to planned development overlay medium density single family (OPD-8) Zone (REZ08-00012). The Mayor declared the motion carried. A public hearing was held on a resolution authorizing the conveyance, by quit claim deed, any interest the city has in the vacated 10.23 acre portion of Old Dubuque Road located South of Interstate 80 and East of Dodge Street to ACT, Inc. Atty. Tom Gelman, representing ACT, appeared. Moved and seconded to adopt RES. 09-28, AUTHORIZING THE CONVEYANCE, BY QUIT CLAIM DEED, ANY INTEREST THE CITY HAS IN THE VACATED 10.23 ACRE PORTION OF OLD DUBUQUE ROAD LOCATED SOUTH OF INTERSTATE 80 AND EAST OF DODGE STREET TO ACT, INC. Moved and seconded to adopt RES. 09-29, ACCEPTING A WAIVER OF RIGHT TO HEARING AND PAYMENT OF A $300 CIVIL PENALTY FROM CASEY'S GENERAL STORE. Moved and seconded to adopt RES. 09-30, ACCEPTING A WAIVER OF RIGHT TO HEARING AND PAYMENT OF A $1500 CIVIL PENALTY FROM DELI MART #2. A hearing was held on a resolution assessing a 30 day retail cigarette permit suspension and $1500.00 Civil Penalty against Hartig Drug Company d/b/a Hartig Drug Store, pursuant to Iowa Code Section 453A.22(2) (2007). Store Manager Jim Ehler and Asst. Johnson County Atty. Chappell present. Moved and seconded to adopt RES. 09-31, ASSESSING $1500.00 CIVIL PENALTY AND THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST HARTIG DRUG COMPANY D/B/A HARTIG DRUG STORE. Moved and seconded to adopt RES. 09-32, ACCEPTING A WAIVER OF RIGHT TO HEARING AND PAYMENT OF A $300 CIVIL PENALTY FROM HY-VEE DRUGSTORE. A hearing was held on a resolution assessing a $300.00 Civil Penalty against I.C. Pit Stop, pursuant to Iowa Code Section 453A.22(2) (2007). Asst. Johnson County Atty. Chappell present. Moved and seconded to adopt RES. 09-33, ASSESSING $300.00 CIVIL PENALTY AGAINST I.C. PIT STOP. A hearing was held on a resolution assessing a $300.00 Civil Penalty against Kum & Go #51, pursuant to Iowa Code Section 453A.22(2) (2007). Asst. Johnson County Atty. Chappell present. Asst. Johnson County Atty. Chappell present. Official Actions February 10, 2009 Page 5 Moved and seconded to adopt RES. 09-34, ASSESSING $300.00 CIVIL PENALTY AGAINST KUM & GO #51. Moved and seconded to adopt RES. 09-35, ACCEPTING PAYMENT OF A $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM LOYAL ORDER OF MOOSE LODGE 1096. Moved and seconded to adopt RES. 09-36, ACCEPTING PAYMENT OF A $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM THE DEN. Moved and seconded to adopt RES. 09-37, ACCEPTING PAYMENT OF A $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM WAL-MART (STORE NO. 1721). Moved and seconded that the ordinance amending the City Code of the City of Iowa City, Iowa, by revising Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," Section 8, entitled "Persons under 19 years of age in licensed or permitted establishments" Subsection E (1) to increase the penalty for a person under 19 years of age who violates said section to five hundred dollars ($500.00), be given first vote. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Aaron Clark, Coy Davis, and Caroline Dieterle. The Mayor declared the motion carried. Moved and seconded to adopt RES. 09-38, APPROVING THE POLICE CHIEF'S GUIDELINES FOR REVIEW OF APPLICATIONS FOR INITIAL AND RENEWAL LIQUOR LICENSES, BEER PERMITS AND WINE PERMITS AND THE POLICE AND FIRE ON- PREMISES RENEWAL FORMS AND RESCINDING RESOLUTION NO. 06-216. Kenza Nelson, representing local restaurants and bar owners, requested deferral. Moved and seconded that the ordinance amending Title 13, entitled "Airports and Aviation," Chapter 1, entitled, "Airport Commission," to change the terms of the commissioners from six (6) years to four (4) years, be given first vote. Airport Commissioner Greg Farris present for discussion. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 1, entitled "Administration," Chapter 4, entitled "General Penalty," Section 2D to provide that the Civil Penalty for over- occupancy of a rental unit be $750.00 for first violation and $1,000.00 for second and subsequent violations, be given first vote. The following individuals appeared: Mark McCallum, 932 E. College St. and Anna Buss, 525 W. Benton St. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Judith Pascoe, Perry Howell, Kayla Cress. The Mayor declared the motion carried. Moved and seconded to adopt RES. 09-39, ESTABLISHING FEES FOR BUILDING PERMITS AND OTHER SERVICES AND ACTIVITIES OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT AND RESCINDING RESOLUTION NOS. 02-316, 01-40, 03-183, AND 06-376. Moved and seconded to adopt RES. 09-40, ESTABLISHING FEES FOR INSPECTION SERVICES FOR THE HOUSING AND INSPECTION SERVICES DEPARTMENT AND RESCINDING RESOLUTION 05-280. The following individuals appeared: Mark McCallum, 932 E. College St. and Anna Buss, 525 W. Benton St. Moved and seconded to adopt RES. 09-41, SUPPORTING AND APPROVING THE REVITALIZE IOWA'S SOUND ECONOMY (RISE) GRANT APPLICATION FOR THE RECONSTRUCTION OF 420TH STREET EAST OF HIGHWAY 6. Official Actions February 10, 2009 Page 6 Moved and seconded to adopt RES. 09-42, 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 FOTH INFRASTRUCTURE AND ENVIRONMENTAL, L.L.C. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE 420T" STREET CORRIDOR IMPROVEMENTS PROJECT. Moved and seconded to adopt RES. 09-43, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE CITY ATTORNEY AND COUNCIL OFFICE REMODELING PROJECT. Moved and seconded to adopt RES. 09-44, 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 HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE NORTH DODGE STREET PEDESTRIAN BRIDGE OVER INTERSTATE 80 PROJECT. Moved and seconded to adopt RES. 09-45, APPROVING THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SG LAND LC & SG LAND II LC, FOR THE CONSTRUCTION OF THE IOWA RIVER BANK REPAIR PROJECT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME. Moved and seconded to adopt RES. 09-46, 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 ANDERSON-BOGERT ENGINEERS AND SURVEYORS, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE BURLINGTON/MADISON INTERSECTION AND MEDIAN PROJECT. Moved and seconded to adopt RES. 09-47, 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 HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE LANDFILL GAS COLLECTION SYSTEM IMPROVEMENT PROJECT. Moved and seconded to adopt RES. 09-48, ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. Moved and seconded to accept correspondence from Nila Haug. The Mayor declared the motion carried. Moved and seconded to adopt RES. 09-49, APPROVING THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE LOCAL MATCH TO THE HAZARD MITIGATION GRANT PROGRAM (HMGP) PROPERTY ACQUISITION PROJECT AND RESCINDING RESOLUTION NO 09-7. Moved and seconded to grant a 45-day extension to the Police Citizens Review Board for the filing of the public report with the City Council on Complaint #08-09. The Mayor declared the motion carried. Moved and seconded to make the following appointments: Matt Hayek, to the Iowa City Conference Board Reappraisal Committee; Zach Wahls, 1215 Santa Fe Drive, to the Official Actions February 10, 2009 Page 7 Youth Advisory Commission for one At Large vacancy to fill atwo-year term January 1, 2009 -December 31, 2010. The Mayor declared the motion carried. The Mayor noted that no applications were received for the following Boards and Commissions and all will be readvertised: Airport Zoning Brd of Adjustment to fill afive-year term January 1, 2009 -December 31, 2013; Appeals, Board of to fill afive-year term January 1, 2009 -December 31, 2013, one for a Mechanical Professional; Senior Center Commission for two vacancies to fill three-year terms January 1, 2009 -December 31, 2011; Youth Advisory Commission to fill two year term January 1, 2009 -December 31, 2010 for Tate High. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. Moved and seconded to accept correspondence from Danielle Kathryn Malatek. The Mayor declared the motion carried. 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.] The Mayor noted the previously announced vacancies: Airport Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus afive-year term ending December 31, 2011; Airport Zoning Commission to fill asix-year term January 1, 2006 - December 31, 2011; Appeals, Board of to fill a five-year term January 1, 2009 -December 31, 2013; Civil Service Commission to fill afour-year term April 6, 2009 -April 1, 2013; Historic Preservation Commission for four vacancies, one At-Large, one Woodlawn, one College Green, and one East College St District Representative, to fill three-year terms March 29, 2009 -March 29, 2012.; Telecommunications Commission for two vacancies to fill three-year terms March 13, 2009 -March 13, 2012. Applications must be received by 5:00 p.m., Wednesday, February 18, 2009. Airport Commission to fill asix-year term March 1, 2009 -March 1, 2015. Applications must be received by 5:00 p.m., Wednesday, March 4, 2009. The Mayor noted the current vacancies: JCCOG Cool Cities Taskforce for one At- Large/Public vacancy to fill cone-year term, effective upon appointment, ending March, 2010. Applications must be received by 5:00 p.m., Wednesday, March 4, 2009. Youth Advisory Commission to fill an At Large unexpired term, effective upon appointment, ending December 31, 2009. Applications must be received by 5:00 p.m., Wednesday, March 18, 2009. Moved and seconded to adjourn 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 epartrrZent s/Regenia D. Bailey, Mayor ~ s/Marian K. Karr, City Clerk ~I'~~ ~ `~~Z~~ Submitte~c for publication - 2/18/09. 3a 4 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 - 2/17/09 Iowa City City Council special meeting, 5:30 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, O'Donnell. Absent: Hayek, Wilburn, Wright. Staff members present: Helling, Holecek, Karr, Davidson. Moved and seconded to adopt RES. 09-50. AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE JOINT EMERGENCY COMMUNICATION CENTER OF JOHNSON COUNTY AND MIKE SULLIVAN. Moved and seconded to adjourn special meeting 5:35 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Regenia D. Bailey, Mayor s/Marian K. Karr, City Clerk ~ Submitted for publication - 2/19/09. 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 FEBRUARY 9, 2009 Iowa City City Council special meeting, 7:30 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: None. Staff members present: Lombardo, Helling, Dilkes, Karr, Hargadine. Moved by Wright, seconded by Hayek, to adjourn to executive session to discuss as a public employer, strategy regarding collective bargaining with city employee organizations; as such discussion is exempt from the provisions of Chapter 21. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 7:30 p.m. Council returned to open session 7:40 p.m. Moved by Wilburn, seconded by Correia, to adjourn special meeting 7:40 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Regenia D. Bailey, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES FEBRUARY 10, 2009 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, Lewis, Howard, Kopping, Scott, Hennes, Boothroy, Cate. The Mayor proclaimed: Salute to Hospitalized Veterans Day -February 14, 2009; Congenital Heart Defect Awareness Day -February 14, 2009, Dr. Bansal, University of Iowa Hospitals and Clinics Pediatric Unit accepting. The Mayor and UISG Rep Gunn presented Outstanding Student Citizenship Awards to Hoover Elementary students: Julia Beasley, Jens Dancer, Erica Dodge; and Lucas Elementary students: Dat Tran, Jamie Young. Associate Planner Howard and Senior Center Coordinator Kopping presented the Mayor with the EPA Award for Building Healthy Communities for Active Aging. The Mayor delivered the State of the City message. Moved by Champion, seconded by O'Donnell, that the following items and recommendations in the Consent Calendar be received, approved, and or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: January 5, Council Work Session; January 6, Regular Council Formal Official and Complete; January 10, Special Council Work Session; January 12, Special Council Formal Official and Complete; January 12, Special Council Work Session; January 15, Special Council Work Session; January 28, Special Council Work Session; January 29, Special Council Work Session. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Parks and Recreation Commission -September 24, 2008; Planning and Zoning Commission - December 4, 2008; Board of Adjustment -December 10, 2008; Senior Center Commission -October 21, 2008; Public Library -October 23, 2008; Board of Appeals - May 5, 2005; Youth Advisory Commission -November 23, 2008; Youth Advisory Commission -December 11, 2008; Youth Advisory Commission -December 18, 2008; Police Citizens Review Board -November 18, 2008 Public Art Advisory Committee - November 6, 2008; Public Art Advisory Committee -December 4, 2008; Historic Preservation Commission -December 11, 2008; Public Library -December 18, 2008; Human Rights Commission -November 25, 2008; Airport Commission -December 11, 2008; Telecommunications Commission -December 15, 2008; Animal Care Task Force - January 8, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Nguyen Properties, LLC., dba Mekong Restaurant, 5 Sturgis Corner Dr.; Renewal: Class C Liquor License for Farras Productions, Inc., dba Farras Productions, 320 E. Burlington St.; Class C Liquor License for One Poor Student, Inc., dba One-Eyed Jake's, 18-20 S. Clinton St.; Special Class C Liquor Complete Description February 10, 2009 Page 2 License for Red Avocado, LLC, dba Red Avocado, 521 E. Washington St.; Outdoor Service Area for Red Avocado, LLC, dba Red Avocado, 521 E. Washington St.; Class C Liquor License for Motif, Ltd., dba Bo-James, 118 E Washington St.; Class C Liquor License for Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S Dubuque St.; Outdoor Service Area for Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S Dubuque St.; Class C Liquor License for Iowa City Yacht Club, LLC, dba Iowa City Yacht Club, 13 S. Linn St. #10; Special Class C Liquor License for W&M, LLC, dba Thai Flavors, 340 E Burlington St.; Special Class C Liquor License for Chansy Keomanivong dba Thai Spice Restaurant, 1210 S. Gilbert St.; Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee #3, 1201 N. Dodge St.; Class C Beer Permit for Kelly Stucker dba Convenience Store, 106 S. Linn St.; RES. 09-11, TO ISSUE DANCE PERMIT to One Poor Student, Inc., dba One-Eyed Jake's, 18-20 S. Clinton St. and Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S Dubuque St.; Class C Liquor License for Iowa City Westside Cafe, Inc., dba Monica's Italian Bistro & Pizzeria, 749 Mormon Trek Blvd.; Outdoor Service Area for Iowa City Westside Cafe, Inc., dba Monica's Italian Bistro & Pizzeria, 749 Mormon Trek Blvd. Motions: Approve disbursements in the amount of $11,411,059.14 for the period of December 1 through December 31, 2008, as recommended by the Finance Director subject to audit. Public Hearings: Set a public hearing at 7:00 p.m. on Tuesday, February 24, 2009 to receive public comments regarding an ordinance adopting the State's Electrical Standards and Annex H of the 2008 National Electrical Code; RES. 09-12, SETTING A PUBLIC HEARING ON FEBRUARY 24, 2009 TO DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, THE PROPOSED THREE-YEAR FINANCIAL PLAN, AND ALSO THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2013; RES. 09-13, SETTING A PUBLIC HEARING FOR APRIL 7, 2009 ON THE IOWA CITY HOUSING AUTHORITY'S ANNUAL PLAN FOR FISCAL YEAR 2009 AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING. Resolutions: RES. 09-14, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1015 DIANA STREET, IOWA CITY, IOWA; RES. 09-15, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A STATEMENT OF LIFE LIEN AND TWO MORTGAGES FOR THE PROPERTY LOCATED AT 516 RONALDS STREET, IOWA CITY, IOWA; RES. 09-16, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WEST BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 303 3RD AVENUE, IOWA CITY, IOWA; RES. 09-17, ACCEPTING THE WORK FOR THE HIGHLAND COURT WATER MAIN REPLACEMENT PROJECT; RES. 09-18, ACCEPTING THE WORK FOR THE 2007 LOWER WEST BRANCH ROAD -SCOTT BOULEVARD TO TAFT AVENUE IMPROVEMENTS PROJECT; RES. 09-19, ACCEPTING THE WORK FOR THE TRANSIT FACILITY TUCKPOINTING PROJECT; RES. 09-20, AUTHORIZING THE Complete Description February 10, 2009 Page 3 MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER AMBROSE PROPERTIES LC, AND TENANT CAFFERY, INC., D/B/A DC'S, FOR A SIDEWALK CAFE; RES. 09-21, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER ONE TEN PROPERTIES, LLC, AND TENANT KMARECELLA, INC., D/B/A DONNELLY'S PUB, FOR A SIDEWALK CAFE; RES. 09-22, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER WILLIAM AND HELEN BYINGTON, AND TENANT LITTLE DONKEYS, INC., D/B/A PANCHERO'S MEXICAN GRILL, FOR A SIDEWALK CAFE; RES. 09-23, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER PLAZA TOWERS LLC, AND TENANT J & E, INC., D/B/A FORMOSA ASIAN CUISINE, FOR A SIDEWALK CAFE; RES. 09-24, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN, AND TENANT STARBUCKS CORPORATION, D/B/A STARBUCKS COFFEE #2855-IA, FOR A SIDEWALK CAFE; RES. 09-25, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER LUBIN TRUST, AND TENANT MOTIF, LTD, D/B/A BO-JAMES, FOR A SIDEWALK CAFE; RES. 09-26, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER UNIVERSITY VIEW PARTNERS, AND TENANT DAWIT'S RESTAURANT, D/B/A DAVID'S PLACE, FOR A SIDEWALK CAFE; RES. 09-27, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MOKA JAVA LLC, AND TENANT IOWA CITY COFFEE COMPANY, D/B/A JAVA HOUSE, FOR A SIDEWALK CAFE. Correspondence: Acting Traffic Engineering Planner regarding Installing (1) NO PARKING 8AM-5PM sign on the north side of the 200-block of East First Street; Lucy Hershberger and Nichole Sorensen regarding Youth Conference [Correspondence distributed in the 1/15/09 Information packet]; Richard Haendel regarding Amateur Radio Operators/City Park [distributed in 1/8/09 Info Packet with staff response]; Scott Larson regarding Community Event and Program Funding Request [distributed at 1/28 Special Work Session]; Dawn Svenson regarding Statement on Human Sexuality [distributed at 1/29 Special Work Session]; Tom Slockett (2) regarding Expedited Local Option Sales Tax Update, Sales Tax Estimate [distributed at 1/29 Special Work Complete Description February 10, 2009 Page 4 Session]; Ben Lewis regarding Snow Ordinance [staff response included]; Dennis Kowalski regarding Downtown; Bill Ackerman regarding Valley Avenue Parking [staff response included]; Lee Orsino regarding Recreation Center [staff response included]; DeeAnna Blette regarding Rent Control; Brian Speer regarding Request to add Rohret Road to 5 year CIP [staff comments included]; Correspondence regarding taxes from Holly Berkowitz(X2), Julie Jones, Justin Kaufman,Tom Novak, Jerry Peck, Mary Sturm, Mike Thayer, D. Thornton, Paul and Dianne Werger, Michelle Westfall, Petition: Tea labels, Brian Mildenstein; Tom Slockett (X4) regarding Sales Tax; Russell Haught regarding City services and budget; Steven Anderson regarding Possible electrical interruption and the medical consequences; Petition regarding Court Street neighborhood requests reduction of traffic; Cynthia Parsons, Gary Klinefelder regarding Sidewalks; Liz and Kate Johnson regarding University of Iowa campus radio station, KRUI. The Mayor repeated the public hearings as set. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Airport Commissioner Greg Farris updated Council on activities at the Airport and noted copies of the Airport Annual Report distributed. Moved by Hayek, seconded by Correia, to set a public hearing for February 24 on an ordinance rezoning 2.97 -acres of land located at the northwest corner of Hickory Trail and First Avenue from Low Density Single Family (RS-5) Zone to planned development overlay medium density single family (OPD-8) Zone (REZ08-00012). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution authorizing the conveyance, by quit claim deed, any interest the city has in the vacated 10.23 acre portion of Old Dubuque Road located South of Interstate 80 and East of Dodge Street to ACT, Inc. Atty. Tom Gelman, representing ACT, appeared. Moved by O'Donnell, seconded by Correia, to adopt RES. 09-28, AUTHORIZING THE CONVEYANCE, BY QUIT CLAIM DEED, ANY INTEREST THE CITY HAS IN THE VACATED 10.23 ACRE PORTION OF OLD DUBUQUE ROAD LOCATED SOUTH OF INTERSTATE 80 AND EAST OF DODGE STREET TO ACT, INC. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Correia, to adopt RES. 09-29, ACCEPTING A WAIVER OF RIGHT TO HEARING AND PAYMENT OF A $300 CIVIL PENALTY FROM CASEY'S GENERAL STORE. 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. 09-30, ACCEPTING A WAIVER OF RIGHT TO HEARING AND PAYMENT OF A $1500 CIVIL PENALTY FROM DELI MART #2. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A hearing was held on a resolution assessing a 30 day retail cigarette permit suspension and $1500.00 Civil Penalty against Hartig Drug Company d/b/a Hartig Drug Store, pursuant to Iowa Code Section 453A.22(2) (2007). Store Manager Jim Ehler and Asst. Johnson County Atty. Chappell present. Moved by Correia, seconded by Wilburn, to adopt RES. 09-31, ASSESSING $1500.00 CIVIL PENALTY AND THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST Complete Description February 10, 2009 Page 5 HARTIG DRUG COMPANY D/B/A HARTIG DRUG STORE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 09-32, ACCEPTING A WAIVER OF RIGHT TO HEARING AND PAYMENT OF A $300 CIVIL PENALTY FROM HY- VEE DRUGSTORE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A hearing was held on a resolution assessing a $300.00 Civil Penalty against I.C. Pit Stop, pursuant to Iowa Code Section 453A.22(2) (2007). Asst. Johnson County Atty. Chappell present. Moved by Champion, seconded by Correia, to adopt RES. 09-33, ASSESSING $300.00 CIVIL PENALTY AGAINST I.C. PIT STOP. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A hearing was held on a resolution assessing a $300.00 Civil Penalty against Kum & Go #51, pursuant to Iowa Code Section 453A.22(2) (2007). Asst. Johnson County Atty. Chappell present. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 09-34, ASSESSING $300.00 CIVIL PENALTY AGAINST KUM & GO #51. 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. 09-35, ACCEPTING PAYMENT OF A $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM LOYAL ORDER OF MOOSE LODGE 1096. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Correia, to adopt RES. 09-36, ACCEPTING PAYMENT OF A $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM THE DEN. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Wilburn, to adopt RES. 09-37, ACCEPTING PAYMENT OF A $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM WAL-MART (STORE NO. 1721). 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 the ordinance amending the City Code of the City of Iowa City, Iowa, by revising Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," Section 8, entitled "Persons under 19 years of age in licensed or permitted establishments" Subsection E (1) to increase the penalty for a person under 19 years of age who violates said section to five hundred dollars ($500.00), be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by O'Donnell, to accept correspondence from Aaron Clark, Coy Davis, and Caroline Dieterle. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Champion, to adopt RES. 09-38, APPROVING THE POLICE CHIEF'S GUIDELINES FOR REVIEW OF APPLICATIONS FOR INITIAL AND RENEWAL LIQUOR LICENSES, BEER PERMITS AND WINE PERMITS AND THE POLICE AND FIRE ON-PREMISES RENEWAL FORMS AND RESCINDING RESOLUTION NO. 06- 216. Kenza Nelson, representing local restaurants and bar owners, requested deferral until such a time that additional comments could be presented. Individual Council Members Complete Description February 10, 2009 Page 6 expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Correia, that the ordinance amending Title 13, entitled "Airports and Aviation," Chapter 1, entitled, "Airport Commission," to change the terms of the commissioners from six (6) years to four (4) years, be given first vote. Airport Commissioner Greg Farris present for discussion. 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 amending Title 1, entitled "Administration," Chapter 4, entitled "General Penalty," Section 2D to provide that the Civil Penalty for over-occupancy of a rental unit be $750.00 for first violation and $1,000.00 for second and subsequent violations, be given first vote. The following individuals appeared: Mark McCallum, 932 E. College St. and Anna Buss, 525 W. Benton St. HIS Dir. Boothroy and Sr. Hsg. Inspector Cate present for discussion. 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 O'Donnell, seconded by Wright, to accept correspondence from Judith Pascoe, Perry Howell, Kayla Cress. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wright, seconded by Champion, to adopt RES. 09-39, ESTABLISHING FEES FOR BUILDING PERMITS AND OTHER SERVICES AND ACTIVITIES OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT AND RESCINDING RESOLUTION NOS. 02-316, 01-40, 03-183, AND 06-376. Bldg. Inspector Hennes present for discussion. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Champion, Hayek, O'Donnell, Wilburn, Wright, Bailey. Nays: Correia. Absent: None. Moved by Champion, seconded by Wright, to adopt RES. 09-40, ESTABLISHING FEES FOR INSPECTION SERVICES FOR THE HOUSING AND INSPECTION SERVICES DEPARTMENT AND RESCINDING RESOLUTION 05-280. The following individuals appeared: Mark McCallum, 932 E. College St. and Anna Buss, 525 W. Benton St. Sr. Hsg. Inspector Cate present for discussion. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Champion, Hayek, .O'Donnell, Wilburn, Wright, Bailey. Nays: Correia. Absent: None. Moved by Correia, seconded by Hayek, to adopt RES. 09-41, SUPPORTING AND APPROVING THE REVITALIZE IOWA'S SOUND ECONOMY (RISE) GRANT APPLICATION FOR THE RECONSTRUCTION OF 420TH STREET EAST OF HIGHWAY 6. Affirmative roll call vote, 6/0, Wright absent. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Hayek, to adopt RES. 09-42, 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 FOTH INFRASTRUCTURE AND ENVIRONMENTAL, L.L.C. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE 420T" STREET CORRIDOR IMPROVEMENTS PROJECT. 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. 09-43, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE CITY ATTORNEY AND COUNCIL Complete Description February 10, 2009 Page 7 OFFICE REMODELING PROJECT to City Construction Group, LC for $ 131,150.00. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Hayek, to adopt RES. 09-44, 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 HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE NORTH DODGE STREET PEDESTRIAN BRIDGE OVER INTERSTATE 80 PROJECT. Sr. Civil Engr. Scott present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Champion, to adopt RES. 09-45, APPROVING THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SG LAND LC & SG LAND II LC, FOR THE CONSTRUCTION OF THE IOWA RIVER BANK REPAIR PROJECT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME. 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. 09-46, 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 ANDERSON-BOGERT ENGINEERS AND SURVEYORS, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE BURLINGTON/MADISON INTERSECTION AND MEDIAN PROJECT. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 4/3, with the following division of roll call vote: Ayes: Bailey, Correia, Hayek, Wilburn. Nays: Champion, Wright, O'Donnell. Absent: None. Moved by Wright, seconded by Correia, to adopt RES. 09-47, 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 HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE LANDFILL GAS COLLECTION SYSTEM IMPROVEMENT PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Correia, seconded by O'Donnell, to adopt RES. 09-48, ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Champion, to accept correspondence from Nila Haug. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Correia, seconded by Wright, to adopt RES. 09-49, APPROVING THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE LOCAL MATCH TO THE HAZARD MITIGATION GRANT PROGRAM (HMGP) PROPERTY ACQUISITION PROJECT AND RESCINDING RESOLUTION NO 09-7. Affirmative roll call Complete Description February 10, 2009 Page 8 vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, to grant a 45-day extension to the Police Citizens Review Board for the filing of the public report with the City Council on Complaint #08-09. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Wright, to make the following appointments: Matt Hayek, to the Iowa City Conference Board Reappraisal Committee; Zach Wahls, 1215 Santa Fe Drive, to the Youth Advisory Commission for one At Large vacancy to fill atwo-year term January 1, 2009 -December 31, 2010. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted that no applications were received for the following Boards and Commissions and all will be readvertised: Airport Zoning Brd of Adjustment to fill afive-year term January 1, 2009 -December 31, 2013; Appeals, Board of to fill afive-year term January 1, 2009 -December 31, 2013, one for a Mechanical Professional; Senior Center Commission for two vacancies to fill three-year terms January 1, 2009 -December 31, 2011; Youth Advisory Commission to fill two year term January 1, 2009 -December 31, 2010 for Tate High. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. Moved by Wilburn, seconded by Correia, to accept correspondence from Danielle Kathryn Malatek. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. 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.] The Mayor noted the previously announced vacancies: Airport Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus afive-year term ending December 31, 2011; Airport Zoning Commission to fill asix-year term January 1, 2006 - December 31, 2011; Appeals, Board of to fill afive-year term January 1, 2009 -December 31, 2013; Civil Service Commission to fill afour-year term April 6, 2009 -April 1, 2013; Historic Preservation Commission for four vacancies, one At-Large, one Woodlawn, one College Green, and one East College St District Representative, to fill three-year terms March 29, 2009 -March 29, 2012.; Telecommunications Commission for two vacancies to fill three-year terms March 13, 2009 -March 13, 2012. Applications must be received by 5:00 p.m., Wednesday, February 18, 2009. Airport Commission to fill asix-year term March 1, 2009 -March 1, 2015. Applications must be received by 5:00 p.m., Wednesday, March 4, 2009. The Mayor noted the current vacancies: JCCOG Cool Cities Taskforce for one At- Large/Public vacancy to fill cone-year term, effective upon appointment, ending March, 2010. Applications must be received by 5:00 p.m., Wednesday, March 4, 2009. Youth Advisory Commission to fill an At Large unexpired term, effective upon appointment, ending December 31, 2009. Applications must be received by 5:00 p.m., Wednesday, March 18, 2009. Council Member Correia announced free tax help clinics have started at various locations and information can be found on the city website or contacting United Way. Complete Description February 10, 2009 Page 9 Council Member Wilburn thanked Mayor Bailey for her participation in the cultural competency training provided by the Iowa City Community School District. Council Members Champion and O'Donnell noted the good job done by the Mayor on the State of the City message earlier in the meeting. Mayor Bailey reported on lobbying efforts in Washington DC the previous week, and expressed appreciation to Council Member Wilburn and City Manager Lombardo for also going on the trip; and clarified, re agenda item # 22, that the City Code does outline a process for sharing information. City Manager Lombardo reported on Governor Culver's community event presentation sponsored by the Noon Rotary; stated the Police Chief was involved in the visit by the Homeland Security Secretary. City Atty. Dilkes thanked the County Attorney's office, especially Asst. Atty. Andy Chappell, for their assistance in prosecuting cigarette penalties that appeared on the Council agenda earlier in the meeting. City Clerk Karr noted copies of a proposed Council meeting schedule distributed after discussion at their work session the previous evening, and asked that anyone with conflicts notify her prior to inclusion of the schedule in the Thursday information packet. Moved by Wilburn, seconded by Hayek, to adjourn 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 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 FEBRUARY 17, 2009 Iowa City City Council special meeting, 5:30 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, O'Donnell. Absent: Hayek, Wilburn, Wright. Staff members present: Helling, Holecek, Karr, Davidson. Moved by O'Donnell, seconded by Champion, to adopt RES. 09-50. AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE JOINT EMERGENCY COMMUNICATION CENTER OF JOHNSON COUNTY AND MIKE SULLIVAN. Affirmative roll call vote unanimous, 4/0, Hayek, Wilburn, Wright absent. The Mayor declared the resolution adopted. Moved by Champion, seconded by Correia, to adjourn special meeting 5:35 p.m. The Mayor declared the motion carried unanimously, 4/0, Hayek, Wilburn, Wright absent. Regenia D. Bailey, Mayor Marian K. Karr, City Clerk