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HomeMy WebLinkAbout2009-03-24 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 MARCH 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, Miklo, Knoche, Bollinger. Moved by O'Donnell, seconded by Champion, 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: March 4, Special Council Formal Official and Complete; March 4, Council Work Session; March 10, Special Council Work Session; March 10, Special Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Planning and Zoning Commission -February 5, 2009; Police Citizens Review Board -February 10, 2009; Housing and Community Development Commission -February 19, 2009; Housing and Community Development Commission -February 17, 2009; Historic Preservation Commission -February 12, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Caliente Night Club, Inc., dba Caliente Night Club, Inc., 171 Hwy 1 West. Renewal: Class C Liquor License for Iowa City Lodge #590 B.P.O. Elks, dba B.P.O. Elks #590, 637 Foster Rd.; Class C Liquor License for Okoboji IC, LLC, dba Okoboji Grill, 1857 Lower Muscatine Rd.; Outdoor Service Area for Okoboji IC, LLC, dba Okoboji Grill, 1857 Lower Muscatine Rd.; Class C Liquor License for La Reyna, Inc., dba La Reyna, Inc., 1937 Keokuk St.; Special Class C Liquor License for Freshmex Iowa City, LLC, dba Panchero's Mexican Grill, 965 S Riverside Dr.; Special Class C Liquor License for Oyama Sushi, Inc., dba Oyama Sushi Japanese Restaurant, 1853 Lower Muscatine Rd.; RES. 09-79, TO ISSUE DANCE PERMIT to Caliente Night Club, Inc., dba Caliente Night Club, Inc., 171 Hwy 1 West. Motions: Approve disbursements in the amount of $9,452,916.16 for the period of February 1 through February 28, 2009, as recommended by the Finance Director subject to audit. Public Hearings: Set a public hearing for the April 20, 2009 council meeting on the Iowa Department of Transportation Consolidated Funding Application for Iowa City Transit; RES. 09-80, SETTING A PUBLIC HEARING FOR APRIL 6, 2009 ON AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," ARTICLE 5 ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE RESIDENTIAL SOLID WASTE COLLECTION FEES; RES. 09-81, SETTING A PUBLIC HEARING ON APRIL 6, 2009 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND Complete Description March 24, 2009 Page 2 ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BURLINGTON STREET PEDESTRIAN BRIDGE RENOVATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 09-82, SETTING A PUBLIC HEARING ON APRIL 6, 2009 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2009 WATER MAIN DIRECTIONAL BORING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 09-83, SETTING A PUBLIC HEARING ON APRIL 6, 2009 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2009 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 09-84, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 3322 TULANE AVENUE, IOWA CITY, IOWA; RES. 09-85, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 2420 BITTERSWEET COURT, IOWA CITY, IOWA; RES. 09-86, 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 MAUREEN MONDANARO, AND TENANT GIVANNI'S OF IOWA CITY, D/B/A GIVANNI'S, FOR A SIDEWALK CAFE; RES. 09-87, 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 KLDP, INC, AND TENANT CHACKALACKAL, INC, D/B/A ONE TWENTY SIX, FOR A SIDEWALK CAFE; RES. 09-88, 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 MAUREEN MONDANARO, AND TENANT SALOON OF IOWA CITY, L.C., D/B/A SALOON, FOR A SIDEWALK CAFE; RES. 09-89, 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 BILL MIHALOPOULOS, AND TENANT ATLAS WORLD GRILL, D/B/A ATLAS WORLD GRILL, FOR A SIDEWALK CAFE; RES. 09-90, 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 DLSIC LC, AND TENANT MORROWCO LLC, D/B/A PITA PIT, FOR A SIDEWALK CAFE; RES. 09-91, AUTHORIZING THE IOWA CITY HOUSING AUTHORITY TO REQUEST AND Complete Description March 24, 2009 Page 3 ACCEPT CAPITAL FUNDS MADE AVAILABLE BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) IN THE AMOUNT OF $191,853; RES. 09-92, AUTHORIZING FILING OF AN APPLICATION FOR FEDERAL FUNDING ASSISTANCE FROM THE ECONOMIC DEVELOPMENT ADMINISTRATION FOR THE REPLACEMENT OF PARK ROAD BRIDGE AND ELEVATION OF DUBUQUE STREET PROJECT AND THE WASTEWATER TREATMENT PLANT CONSOLIDATION PROJECT. Correspondence: Roosevelt School letters from Judy Pfohl, Mary Peterson, Steve Yagla, Ann Kohl; Caroline Dieterle regarding Downtown drinking problem; Evan Streeby regarding Iowa City skatepark [staff response included]; Shaun Donovan regarding American Recovery and Reinvestment Act of 2009; Christine Denburg regarding Sidewalk by Taft Alternative High School [staff response included]; Dorothy Whiston regarding Shelter Overflow Interim Project; Mary Murphy and Gregg Geerdes regarding Flood Mitigation. Mayor Bailey noted that the public hearings would be set for April 6 as the formal and work session would be combined. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Rod Sullivan, 2326 E. Court St., appeared regarding intergovernmental cooperation and the process of adoption of a resolution prior to JCCOG action. Caroline Dieterle, 727 Walnut St., noted the upcoming local option sales tax election and raised concerns regarding the potential of building a flood wall in Coralville and the raising of Dubuque St.. Garry Klein, 628 Second Ave., reference the upcoming local option sales tax election and the need for public input into projects. Moved by O'Donnell, seconded by Correia, to set a public hearing for April 6, 2009 on an ordinance rezoning approximately 100-acres of land located on both sides of 420th Street, west of Taft Avenue from Interim Development (ID-I) to General Industrial (I-1) (REZ09- 00002) The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on the ordinance conditionally rezoning approximately 18.58 acres of property located north of Rohret Road from Interim Development Single-Family Residential (ID-RS) to Low Density Single-Family Residential, 44.29 acres from Rural Residential (RR-1) to Low Density Single-Family Residential (RS-5) and 79.27 acres from Low Density Single-Family Residential to Planned Development Overlay Low Density Single-Family Residential (OPD-5) (REZ08-00011) (Country Club Estates). PCD Director Davidson, Senior Planner Miklo, and City Engr. Knoche present for discussion. The Mayor requested the Council Members disclose ex parte communications. Individual Council Members shared communications, and expressed their views. The following individuals appeared: Larry Jewell, 53 Tucson Place; Jayne Sandler, 41 Tucson Place; Robert Hegeman, 44 Tucson Place; Karl Ebert, 3357 Rohret Rd.; Duane Musser, MMS Consultants; Diana Thrift, 3329 Rohret Rd. SW; Dev. Brian Speer, S & J Development. Individual Council Members expressed their views. Moved by Wilburn, seconded by Wright, to continue public hearing to April 6. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Complete Description March 24, 2009 Page 4 Wilburn, seconded by Hayek, to accept correspondence from Brian Speer. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by O'Donnell, to defer to April 6 an ordinance conditionally rezoning approximately 18.58 acres of property located north of Rohret Road from Interim Development Single-Family Residential (ID-RS) to Low Density Single-Family Residential, 44.29 acres from Rural Residential (RR-1) to Low Density Single-Family Residential (RS-5) and 79.27 acres from Low Density Single-Family Residential to Planned Development Overlay Low Density Single-Family Residential (OPD-5) (REZ08-00011) (Country Club Estates). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution amending the FY2009 Operating Budget. Finance Director O'Malley present for discussion. Moved by Champion, seconded by O'Donnell, to adopt RES. 09-93, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 31, 2009. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Champion, that the 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", be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Correia, that the ordinance amending Title 16, Chapter 16 entitled "City Utilities" of the City Code of Iowa City, Iowa, by adopting a new Section 16-3B-10 entitled "Project Specific Tap-On Fee for the Scott Park Trunk Sewer Project", be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by Wright, that the ordinance amending Title 10 of the City Code, entitled "Use of Public Ways and Property," Chapter 11, entitled "Farmer's Market," to allow the farmers market to take place at locations other than Chauncey Swan Parking Ramp and Chauncey Swan Park, be given first vote. Individual Council Members expressed their views. Caroline Dieterle and Lois Pavelka appeared. The Mayor declared the ordinance defeated unanimously, 0/7, all Council Members present. Moved by Wilburn, seconded by Champion, to accept correspondence from Kristina Arnold (2), Mike Donnelly, Shelley Squier, Dave Campbell, Cindy Cary, David Sickles, Mary Suchomel, Jim Walters, Gary Sanders, Sue Carter, Jim Pickering, Candida Maurer and Michael Santangelo, Calvin and Betty Lavely, Eric Menzel, Andy Tygrett, Regina Miller. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Champion, to adopt RES. 09-94, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER 120 BUILDING CO., AND TENANT MP INVESTMENTS LLC, D/B/A VITO'S, FOR A SIDEWALK CAFE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Hayek, to reconsider a resolution approving an agreement between the City of Iowa City and the artist for the Iowa City Water Works Prairie Complete Description March 24, 2009 Page 5 Park sculpture and authorizing the Mayor to execute and the City Clerk to attest the same. Individual Council Members expressed their views. The Mayor declared the motion carried, 5/2, with the following division of roll call vote: Ayes: Correia, Hayek, O'Donnell, Wright, Champion. Nays: Bailey, Wilburn. Absent: None. Moved by Wilburn, seconded by Wright, to accept correspondence from Sharon Artman, Joyce Barker, Dennis and Melinda Bricker, Patrick Connolly (2), Nancy Davin, Lee and Susan Eberly, Marilyn Holland, Doris Houser, Beverly Johlin, Garry Klein, Whit Lovelace, Dan McKenna, Ceil Pickering, Carol Seydel, Max Tremblay, Janet Watt, Tim Weitzel, Rok Williams, Nancy Purington, Rod Strampe, Nancy Adams-Cogan, Mark Smellie, Ann Kohl, Elizabeth Shriver, Russell Haught, Pam Michaud, Helene Hembreiker. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wright, seconded by O'Donnell, to defer to April 6 the resolution approving an agreement between the City of Iowa City and the artist for the Iowa City Water Works Prairie Park sculpture and authorizing the Mayor to execute and the City Clerk to attest the same. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Wright, to approve a tentative agreement between the City of Iowa City and the Police Labor Relations Organization of Iowa City . Individual Council Members expressed their views. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: O'Donnell, Wilburn, Wright, Bailey, Correia. Nays: Champion, Hayek. Absent: None. Moved by Wright, seconded by Hayek, that the following appointments be made to Boards and Commissions: reappoint Pam Michaud, 109 S. Johnson Street, to the Historic Preservation Commission fora College Green District Representative, to fill athree-year term March 29, 2009 -March 29, 2012; appoint Laura Bergus, 2231 California Avenue and reappoint Brett Gordon, 224 N. Dubuque Street, to the Telecommunications Commission for two vacancies to fill three-year terms March 13, 2009 -March 13, 2012. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Hayek, to accept correspondence from Saul Mekies and Laura Bergus. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Hayek, to appoint Jerry Gao, 29 Coll Court, to the Youth Advisory Commission for one At Large 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 will be readvertised: Airport Zoning Brd of Adjustment for an unexpired term, effective upon appointment, plus afive-year term ending December 31, 2011; Airport Zoning Commission for asix-year term January 1, 2006 -December 31, 2011; Youth Advisory Commission for Tate High, Effective upon appointment and ending December 31, 2009. 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.] Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. The Mayor noted the previously announced vacancies: Airport Zoning Brd of Adjustment for afive-year term January 1, 2009 -December 31, 2013; Appeals, Board of - Complete Description March 24, 2009 Page 6 for afive-year term January 1, 2009 -December 31, 2013, one for a Mechanical Professional; Senior Center Commission for athree-year term January 1, 2009 -December 31, 2011. Applications must be received by 5:00 p.m., Wednesday, April 1, 2009. Council Member Champion announced that the Grant Wood and Wetherby Neighborhood Associations were having a garage sale April 4 with all proceeds going to the splash pad project. Council Member Wright also noted the event. Mayor Bailey announced a display at the Solon Public Library called "Carousel" which was dedicated to the Drollinger family who handled the rides in City Park for years, and invited the Iowa City community to visit the exhibit until April 4. Council Member Champion stated she had dropped off information on the display at the Iowa City library and encouraged them to consider having the display here. Mayor Bailey also noted the ARC chili supper on Friday, March 27 and the Legislative Forum sponsored by the League of Women Voters on March 28. City Manager Lombardo announced that the Airport had received a $2.5 million grant for runway improvements from the stimulus bill and more information would be provided later. City Clerk Karr noted the first priority setting session scheduled for March 31 and questioned televising the sessions. Majority agreed to televise all four special sessions. Moved by Wright, seconded by O'Donnell, to adjourn to executive session to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session (City Manager). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 9:15 p.m. Council returned to open session 9:29 p.m. Moved by O'Donnell, seconded by Hayek, to adjourn 9:30 p.m. The Mayor declared the motion carried unanimously, 6/0, Correia absent. ~_`=~ Mari K. Karr, City Clerk nia D. Bailey, May 2a 1 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 - 3/4/09 Iowa City City Council special meeting, 5:40 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, Wilburn. Absent: Correia, O'Donnell. 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 6:05 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 Submitte for publication - 3/10/09. r ~~~~.,®~~ CITY OF I(JWA CITY 2a2~ ~,.~ r~ ~~ ~E~~R1~1~DU~ Date: March 12, 2009 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, March 4, 2009, 6:05 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia (arrived 6:25), Hayek, Wilburn, Wright. Absent: O'Donnell UISG Rep.: Gunn Staff: Lombardo, Helling, Karr, Dilkes, O'Malley, Lewis, Craig (A complete transcription is available in the City Clerk's Office and on the City website) PRIORITY SETTING City Manager Lombardo facilitated discussion on prioritization of current City services. Finance Director O'Malley present for discussion. Handouts distributed: • City of Iowa City -General Fund ^ The Priority Setting Process (Utilizing GFOA's Priority Setting Models for Public Budgeting) After discussion a majority agreed to the following: a) Council involvement in developing parameters; identifying criteria, categories, and ranking b) Remove personnel and operating cost from the FY10 budget for Fire Station # 4, and include project in the process c) Consider additional revenue options including increased fees d) Explore all purpose cost cutting e) No interest at this time in exploring outsourcing or privatization f) Fund reserve balance policy of no lower than 20%, optimum of 25% g) Goal to reduce $250,000 in FY10 budget h) Goal to reduce $1million in FY2011 budget i) Implement regular review of financial performance measures Overhead: ^ City of Iowa City -General Fund (Decision after discussion) In order to schedule additional priority setting sessions Council will update City Clerk with., availability and a proposed schedule drafted for Council review. Meeting adjourned 7:40 PM. ~ r ~! ~ni ~ ~~~~~ CITY OF IOWA CITY 2a3 MEMORANDUM Date: March 10, 2009 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, March 10, 2009, 6:00 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright UISG Rep.: Gunn Staff: Lombardo, Helling, Dilkes, Karr, Davidson, Rocca, Knoche (A complete transcription is available in the City Clerk's Office and the City website) COUNCIL APPOINTMENTS Airport Commission - Minnette Gardinier Airport Zoning Board of Adjustment - no applicants, re-advertise Board of Appeals - no applicants, re-advertise Senior Center Commission - Mercedes Bern-Klug and re-advertise one JCCOG Cool Cities Taskforce -Thomas Carsner AGENDA ITEMS & INFORMATION PACKET DISCUSSION 1. (Agenda Item # 20 -resolution approving agreement ... Iowa City Water Works Prairie Park Sculpture ...) PCD Dir. Davidson present for discussion. 2. (IP2 of 3/2 Info Packet - At A Glance and Consent Calendar item # 4f (11) -Bob Saunders: Homeless village on S. Riverside Dr.) In response to Correia, City Manager Lombardo stated he would be meeting with Human Services Planning Coordinator Severson to discuss a multi-faceted approach and report back to Council. 3. (Agenda items # 7 & # 8 -Public hearing .... Amending Title 16 ... "Project Specific Tap-on Fee for the Scott Dane Road Truck Sewer Project" and "Project Specific Tap-on Fee for the Scott Park Trunk Sewer Project.") In response to Council Member Hayek, City Engr. Knoche explained City procedure and policies. 4. (Agenda items # 6b -ordinance rezoning ... First Avenue and Hickory Trail ... (Hickory Pointe); item # 10 -ordinance amending Title 17 ... "Electrical Code"; and item # 11 - ordinance amending Title 17 ... "Licensing") Mayor Bailey stated that the agenda had three items requesting expedited action. 5. (Consent calendar # 4f(7) -Jonathon Kimmel: Litter) Council Member Champion voiced concerns regarding the increase of cigarette butts in the downtown area. Mayor Bailey stated she would be sending a letter to downtown businesses asking their cooperation in cleaning up the downtown area. Council Work Session March 10, 2009 Page 2 COUNCIL TIME 1. Council Member Champion noted the lack of use of commercial loading zones on Dubuque Street and asked for an update of the changes. Majority agreed to schedule for the next work session. 2. Council Member Hayek stated Council opted against sending a letter to the School District regarding school district issues, and suggested a session be scheduled to discuss communicating with the District on such matters. After discussion a majority agreed to pursue scheduling a joint meeting with the School Board and area jurisdictions. 3. Council Member Wright noted a resolution passed in 2007 establishing pay plans for Confidential and Executive employees regarding step increases and suggested that resolution be considered during the prioritization sessions. Majority agreed. SCHEDULE OF PENDING DISCUSSION ITEMS & DISCUSSION OF MEETING SCHEDULE [Reference IP4] After discussion a majority of Council agreed to the following special work session for priority setting: Tuesday, March 31, 5:30 PM Monday, April 13, 5:30 PM Tuesday, May 26, 5:30 PM Thursday, May 28, 5:30 PM UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS None Meeting adjourned 6:30 PM. 2a 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 - 3/10/09 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 Special Olympics Month -March 2009, Joyce Rossie, Special Olympics, University of Iowa and several Special Olympians accepting; Meals on Wheels Day -March 18, 2009, Mary Wiemann, Executive Director accepting. The Mayor presented Outstanding Student Citizenship Awards to Grant Wood Elementary students: Jordan Cronbaugh, Kody Leuang and Tyla Robinson. 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: February 23, Council Work Session; February 24, 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): Human Rights Commission -January 27, 2009; Telecommunications Commission -January 26, 2009; Parks and Recreation Commission -January 7, 2009; Housing & Community Development Commission -December 18, 2008; Animal Care Task Force - February 5, 2009; Public Library -January 22, 2009; Airport Commission -January 8, 2009; Airport Commission -February 5, 2009; Youth Advisory Commission -January 8, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Graze, 115 E. College St.; Class E Liquor License for Hy-Vee Food & Drugstore #1 and Regal Liquor, 1720 Waterfront Dr. Public Hearings: RES. 09-67, SETTING A PUBLIC HEARING ON AMENDING THE FY2009 OPERATING BUDGET; RES. 09-68, AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE 420T" STREET CORRIDOR IMPROVEMENTS - SANITARY SEWER AND ROADWAY PROJECT AND TO ACQUIRE PROPERTY FOR THE PROJECT; AND SETTING DATE OF PUBLIC HEARING ON APRIL 20, 2009. Resolutions: RES. 09-69, 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 832 LONGFELLOW COURT, IOWA CITY, IOWA; RES. 09-70, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA Official Actions March 10, 2009 Page 2 CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1552 DICKENSON LANE, IOWA CITY, IOWA. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of PARALLEL PARKING ONLY signs on the north side of B'jaysville Lane east of Dubuque Street and NO PARKING CORNER TO HERE signs at the intersection of B'jaysville Lane and the private driveway on the north side of the road; Charlotte Walker regarding Senior Center holidays [staff response included]; Gary Fairmont Filosa II regarding Street repair on Van Buren; Peter Ziegenhorn regarding Wal-Mart; Caitlin Lombardo regarding Landfill [staff response included]; School closing letters from-David Gurwell, Marshall Poe and Julianna Tymoczko, David Wieseneck; Jonathan Kimmel regarding Litter; Mike Barker regarding Hilltop Mobile Park and Shelter House; Elias Zaharias regarding No Child Left Behind fallacies; Local Option Sales Tax letters from Chris Arch [staff response included], Peter Cram; Bob Saunders regarding Homeless Village on S. Riverside Drive. The Mayor declared the motion carried. A public hearing was held on an ordinance conditionally rezoning approximately 18.58 acres of property located north of Rohret Road from Interim Development Single-Family Residential (ID-RS) to Low Density Single-Family Residential, 44.29 acres from Rural Residential (RR-1) to Low Density Single-Family Residential (RS-5) and 79.27 acres from Low Density Single-Family Residential to Planned Development Overlay Low Density Single-Family Residential (OPD-5) (REZ08-00011). The following individuals appeared: Robert Hegeman, 44 Tucson Place; Larry Jewell, 53 Tucson Place; Dave Tokuhisa, 3305 Rohret Rd. SW; Kolleen Shields, 3335 Rohret Rd. SW; Diana Thrift, 3329 Rohret Rd. SW; Dev. Brian Speer, S & J Development; Chester Schulte, 1812 Rohret Court; Ron Amelon, MMS Consultants; Sarah Jewell, 53 Tucson Place; Judy Tokuhisa, 3305 Rohret Rd. SW. Moved and seconded to accept correspondence from Larry & Sarah Jewel (2), Gordon Dyer, Raj and Rebekah Tokuhisa (3), Amanda, Adam & Jason Rohrer (2), Nancy Hitchon, Chester Schulte, Judy and Dave Tokuhisa (3), Larry Jewell (2), Adam, A. Brittany & Jason Rohrer, and notarized petitions submitted by Larry Jewell. Moved and seconded to continue the public hearing to March 24. The Mayor declared the motion carried. Moved and seconded to defer to March 24 the first vote of ordinance conditionally rezoning approximately 18.58 acres of property located north of Rohret Road from Interim Development Single-Family Residential (ID-RS) to Low Density Single-Family Residential, 44.29 acres from Rural Residential (RR-1) to Low Density Single-Family Residential (RS-5) and 79.27 acres from Low Density Single-Family Residential to Planned Development Overlay Low Density Single-Family Residential (OPD-5) (REZ08-00011). The Mayor declared the motion carried. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 09- 4327, REZONING APPROXIMATELY 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 voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance Official Actions March 10, 2009 Page 3 be finally adopted at this time. Moved and seconded to accept correspondence from Sarah Swartzendruber. The Mayor declared the motion carried. Moved and seconded to adopt RES. 09-71, APPROVING THE PRELIMINARY PLAT OF HICKORY POINTE, IOWA CITY, IOWA (SUB08-00011). A public hearing was held on an ordinance amending Title 16, Chapter 3 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". Moved and seconded that the ordinance amending Title 16, Chapter 3 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", be given first vote. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 16, Chapter 3 entitled "City Utilities" of the City Code of Iowa City, Iowa, by adopting a new section 16-3B-10 entitled "Project Specific Tap-On Fee for the Scott Park Trunk Sewer Project". Moved and seconded that the ordinance amending Title 16, Chapter 3 entitled "City Utilities" of the City Code of Iowa City, Iowa, by adopting a new section 16-3B-10 entitled "Project Specific Tap-On Fee for the Scott Park Trunk Sewer Project", be given first vote. The Mayor declared the motion carried. A public hearing was held on a resolution authorizing the Mayor to sign and the City Clerk to attest a ground lease with the Joint Emergency Communications Services Association of Johnson County for placement of a monopole telecommunications tower at Fire Station 3. Moved and seconded to adopt RES. 09-72, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A GROUND LEASE WITH THE JOINT EMERGENCY COMMUNICATIONS SERVICES ASSOCIATION OF JOHNSON COUNTY FOR PLACEMENT OF A MONOPOLE TELECOMMUNICATIONS TOWER AT FIRE STATION 3. 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. 09- 4328, 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 voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded that the 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. 09-4329, 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 voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Official Actions March 10, 2009 Page 4 Moved and seconded that ORD. 09-4330, 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 passed and adopted. Moved and seconded that ORD. 09-4331, 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 passed and adopted. Moved and seconded that ORD. 09-4332, 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 passed and adopted. Moved and seconded to adopt RES. 09-73, AUTHORIZING EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF TRANSPORTATION REGARDING CERTAIN OBLIGATIONS INVOLVING THE SHARING OF DIGITAL DATA. Moved and seconded to adopt RES. 09-74, ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2010, as amended. Moved and seconded to exclude Fire Station # 4 personnel and operating expenses from the FY10 budget and include that expanded service level in the priority setting process. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Tom and Kathy Lynch. The Mayor declared the motion carried. Moved and seconded to adopt RES. 09-75, APPROVING THE THREE YEAR FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, AND THE FIVE YEAR CAPITAL IMPROVEMENTS PROGRAM EXCLUDING HUMAN SERVICES AID TO AGENCIES AND COMMUNITY EVENT AND PROGRAM FUNDING, as amended. Moved and seconded to amend the CIP (Capital Improvements Program) by removing the I-80 aesthetic improvement project, from Highway 1 to the river. The Mayor declared the motion carried. Council Members Champion and Correia abstained due to a conflict of interest. Moved and seconded to adopt RES. 09-76, APPROVING AND ALLOCATING THE HUMAN SERVICES AID TO AGENCIES BUDGET FOR FY2010. Moved and seconded to adopt RES. 09-77, APPROVING AND ALLOCATING COMMUNITY EVENT AND PROGRAM FUNDING FOR FY2010. Moved and seconded to adopt RES. 09-78, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE IOWA CITY WATER WORKS PRAIRIE PARK SCULPTURE AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. Neighborhood Services Planner Bollinger present for discussion. Moved and seconded to appoint Minnetta Gardinier, 1527 Muscatine Avenue, to the Airport Commission to fill a six-year term March 1, 2009 -March 1, 2015; appoint Mercedes Bern-Klug, 1803 C Street, to the Senior Center Commission for one vacancy to fill three-year Official Actions March 10, 2009 Page 5 * Revised 3/23/09 term January 1, 2009 -December 31, 2011; appoint Thomas Carsner, 1627 College Court Place, to the JCCOG Cool Cities Taskforce for an At-Large/Public vacancy to fill cone-year term, effective upon appointment, ending March, 2010. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Minnetta Gardinier. The Mayor declared the motion carried. The Mayor noted that no applications were received for the following Boards and will be readvertised: Airport Zoning Brd of Adjustment to fill a five-year term January 1, 2009 - December 31, 2013; Senior Center Commission for one vacancy to fill three-year term January 1, 2009 -December 31, 2011; Appeals, Board of to fill afive-year term January 1, 2009 -December 31, 2013, one for a Mechanical Professional. 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; Historic Preservation Commission for one College Green District Representative, to fill athree-year term March 29, 2009 -March 29, 2012; Telecommunications Commission for two vacancies to fill three-year terms March 13, 2009 - March 13, 2012; Youth Advisory Commission for two vacancies (1) person At Large Effective upon appointment and ending December 31, 2009 and (1) person -Tate High January 1, 2009 -December 31, 2010. Applications must be received by 5:00 p.m., Wednesday, March 18, 2009. Moved and seconded to adjourn 9:35 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 Submitte -for publication - 3/18/09. Official Actions March 10, 2009 Page 5 term Janua 1, 2009 -December 31, 2011; appoint Thom Carsner, 1627 College Court Place, to the COG Cool Cities Taskforce for an At-Larg Public vacancy to fill cone-year term, effective on appointment, ending March, 2010. T e Mayor declared the motion carried. Moved an seconded to accept correspondenc from Minnette Gardinier. The Mayor declared the tion carried. The Mayor noted at no applications were rec ived for the following Boards and will be readvertised: Airport Zorn' g Brd of Adjustment to ill afive-year term January 1, 2009 - December 31, 2013; Senior ter Commission for one vacancy to fill three-year term January 1, 2009 -December 31, 011; Appeals, oard of to fill afive-year term January 1, 2009 -December 31, 2013, one fo Mechanic Professional. Applicants MUST reside in Iowa City and be 18 years of age unle specif' qualifications are stated. [Staff will not publish additional notices after a period o six: ublications; but will continue to advertise vacancies with postings and on the Council ends. However, no additional publication costs will be incurred.] The Mayor noted the previously ar.~'nounce vacancies: Airport Zoning Brd of Adjustment to fill an unexpired term, eff~ctive upon pointment, plus afive-year term ending December 31, 2011; Airport Zoning C 'mmission to fill six-year term January 1, 2006 - December 31, 2011; Historic Preser~a~tion Commission one College Green District Representative, to fill athree-year t,e" rm March 29, 2009 - rch 29, 2012; Telecommunications Commissio rtor two vacancies to fill thre ear terms March 13, 2009 - March 13, 2012; Youth Advisory~~ommission for two vacancies person At Large Effective upon appointment and ending ecember 31, 2009 and (1) person -Tate High January 1, 2009 -December 31, 2010. pplications must be received by 5:00 p. ., Wednesday, March 18, 2009. Moved and second to adjourn 9:35 p.m. The Mayor declared the otion carried. A more complete c}~scription of Council Activities is on file in the office f the City Clerk. ,/ s/Regenia D. B~ley, Mayor s/Marian K. Karr, City/Clerk Submitted for publj~ation - 3/18/09. 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 MARCH 4, 2009 Iowa City City Council special meeting, 5:40 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, Wilburn. Absent: Correia, O'Donnell. Staff members present: Dilkes, Karr. Moved by Champion, seconded by Wright, 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 (Police). Affirmative roll call vote unanimous, 5/0, Correia, O'Donnell absent. The Mayor declared the motion carried and adjourned into executive session 5:45 p.m. Council returned to open session 6:04 p.m. Moved by Wright, seconded by Hayek, to adjourn special meeting 6:05 p.m. The Mayor declared the motion carried unanimously, 4/0, Champion, Correia, O'Donnell, absent. Regenia D. Bailey, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCIPRTION OF COUNCIL ACTIVITIES MARCH 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, Davidson, Knoche, Rocca, Miklo, O'Malley, Bollinger. The Mayor proclaimed Special Olympics Month -March 2009, Joyce Rossie, Special Olympics, University of Iowa and several Special Olympians accepting; Meals on Wheels Day -March 18, 2009, Mary Wiemann, Executive Director accepting. The Mayor presented Outstanding Student Citizenship Awards to Grant Wood Elementary students: Jordan Cronbaugh, Kody Leuang and Tyla Robinson. 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 23, Council Work Session; February 24, 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): Human Rights Commission -January 27, 2009; Telecommunications Commission -January 26, 2009; Parks and Recreation Commission -January 7, 2009; Housing & Community Development Commission -December 18, 2008; Animal Care Task Force - February 5, 2009; Public Library -January 22, 2009; Airport Commission -January 8, 2009; Airport Commission -February 5, 2009; Youth Advisory Commission -January 8, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Graze Iowa City, LLC, dba Graze, 115 E. College St.; Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Food & Drugstore #1 and Regal Liquor, 1720 Waterfront Dr. Public Hearings: RES. 09-67, SETTING A PUBLIC HEARING ON AMENDING THE FY2009 OPERATING BUDGET; RES. 09-68, AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE 420T" STREET CORRIDOR IMPROVEMENTS - SANITARY SEWER AND ROADWAY PROJECT AND TO ACQUIRE PROPERTY FOR THE PROJECT; AND SETTING DATE OF PUBLIC HEARING ON APRIL 20, 2009. Resolutions: RES. 09-69, 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 832 LONGFELLOW COURT, IOWA CITY, IOWA; RES. 09-70, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA Complete Description March 10, 2009 Page 2 CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1552 DICKENSON LANE, IOWA CITY, IOWA. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of PARALLEL PARKING ONLY signs on the north side of B'jaysville Lane east of Dubuque Street and NO PARKING CORNER TO HERE signs at the intersection of B'jaysville Lane and the private driveway on the north side of the road; Charlotte Walker regarding Senior Center holidays [staff response included]; Gary Fairmont Filosa II regarding Street repair on Van Buren; Peter Ziegenhorn regarding Wal-Mart; Caitlin Lombardo regarding Landfill [staff response included]; School closing letters from David Gurwell, Marshall Poe and Julianna Tymoczko, David Wieseneck; Jonathan Kimmel regarding Litter; Mike Barker regarding Hilltop Mobile Park and Shelter House; Elias Zaharias regarding No Child Left Behind fallacies; Local Option Sales Tax letters from Chris Arch [staff response included], Peter Cram; Bob Saunders regarding Homeless Village on S. Riverside Drive. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance conditionally rezoning approximately 18.58 acres of property located north of Rohret Road from Interim Development Single-Family Residential (ID-RS) to Low Density Single-Family Residential, 44.29 acres from Rural Residential (RR-1) to Low Density Single-Family Residential (RS-5) and 79.27 acres from Low Density Single-Family Residential to Planned Development Overlay Low Density Single-Family Residential (OPD-5) (REZ08-00011) (Country Club Estates, Parts 3-8). The Mayor requested the Council Members disclose ex parte communications. Individual Council Members shared communications, and expressed their views. The following individuals appeared: Robert Hegeman, 44 Tucson Place; Larry Jewell, 53 Tucson Place; Dave Tokuhisa, 3305 Rohret Rd. SW; Kolleen Shields, 3335 Rohret Rd. SW; Diana Thrift, 3329 Rohret Rd. SW; Dev. Brian Speer, S & J Development; Chester Schulte, 1812 Rohret Court; Ron Amelon, MMS Consultants; Sarah Jewell, 53 Tucson Place; Judy Tokuhisa, 3305 Rohret Rd. SW; PCD Dir. Davidson and Sr. Planner Miklo present for discussion. Moved by Wilburn, seconded by Wright, to accept correspondence from Larry & Sarah Jewel (2), Gordon Dyer, Raj and Rebekah Tokuhisa (3), Amanda, Adam & Jason Rohrer (2), Nancy Hitchon, Chester Schulte, Judy and Dave Tokuhisa (3), Larry Jewell (2), Adam, A. Brittany & Jason Rohrer, and notarized petitions submitted by Larry Jewell. Moved by Wilburn, seconded by Wright, to continue the public hearing to March 24. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Wilburn, to defer to March 24 the first vote of ordinance conditionally rezoning approximately 18.58 acres of property located north of Rohret Road from Interim Development Single-Family Residential (ID-RS) to Low Density Single- Family Residential, 44.29 acres from Rural Residential (RR-1) to Low Density Single-Family Residential (RS-5) and 79.27 acres from Low Density Single-Family Residential to Planned Development Overlay Low Density Single-Family Residential (OPD-5) (REZ08-00011) (Country Club Estates, Parts 3-8). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at Complete Description March 10, 2009 Page 3 which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 09-4327, REZONING APPROXIMATELY 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), be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by Wright, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by Champion, to accept correspondence from Sarah Swartzendruber. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Hayek, to adopt RES. 09-71, APPROVING THE PRELIMINARY PLAT OF HICKORY POINTE, IOWA CITY, IOWA (SUB08-00011). The Mayor declared the resolution adopted, 7/0, all Council Members present. A public hearing was held on an ordinance amending Title 16, Chapter 3 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 . No one appeared. Moved by Champion, seconded by Correia, that the ordinance amending Title 16, Chapter 3 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", be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 16, Chapter 3 entitled "City Utilities" of the City Code of Iowa City, Iowa, by adopting a new section 16-3B-10 entitled "Project Specific Tap-On Fee for the Scott Park Trunk Sewer Project". No one appeared. Moved by Wright, seconded by Champion, that the ordinance amending Title 16, Chapter 3 entitled "City Utilities" of the City Code of Iowa City, Iowa, by adopting a new section 16-3B-10 entitled "Project Specific Tap-On Fee for the Scott Park Trunk Sewer Project", be given first vote. The Mayor declared the motion carried, unanimously, 7/0, all Council Members present. A public hearing was held on a resolution authorizing the Mayor to sign and the City Clerk to attest a ground lease with the Joint Emergency Communications Services Association of Johnson County for placement of a monopole telecommunications tower at Fire Station 3. No one appeared. Moved by Hayek, seconded by O'Donnell, to adopt RES. 09-72, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A GROUND LEASE WITH THE JOINT EMERGENCY COMMUNICATIONS SERVICES ASSOCIATION OF JOHNSON COUNTY FOR PLACEMENT OF A MONOPOLE TELECOMMUNICATIONS TOWER AT FIRE STATION 3. Fire Chief Rocca appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 09-4328, AMENDING TITLE 17 OF THE CITY CODE, ENTITLED "BUILDING AND HOUSING," CHAPTER 2, ENTITLED, "ELECTRICAL CODE,"TO ADOPT THE STATE Complete Description March 10, 2009 Page 4 ELECTRICAL STANDARDS AND ANNEX H OF THE 2008 EDITION OF THE NATIONAL ELECTRICAL CODE AS THE CITY'S ELECTRICAL CODE, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by Hayek, that the 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. 09-4329, 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 voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by Hayek, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wright, seconded by Champion, that ORD. 09-4330, 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 passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Wright, that ORD. 09-4331, 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 passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wright, seconded by Wilburn, that ORD. 09-4332, 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 passed and adopted. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote. Ayes: Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion. Nays: Correia. Absent: None. Moved by Wilburn, seconded by Wright, to adopt RES. 09-73, AUTHORIZING EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF TRANSPORTATION REGARDING CERTAIN OBLIGATIONS INVOLVING THE SHARING OF DIGITAL DATA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Wright, to adopt RES. 09-74, ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2010, as amended. Complete Description March 10, 2009 Page 5 Individual Council Members expressed their views. Moved by Correia to reduce the General Fund support to the Airport to $100,000. Individual Council Members expressed their views. The Mayor declared the motion dead for lack of a second. Moved by Hayek, seconded by O'Donnell, to exclude Fire Station # 4 personnel and operating expenses from the FY10 budget and include that expanded service level in the priority setting process. Individual Council Members expressed their views. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor declared the amended resolution adopted unanimously by affirmative roll call vote, 7/0, all Council Members present. Moved by Wilburn, seconded by Wright, to accept correspondence from Tom and Kathy Lynch. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Wilburn, to adopt RES. 09-75, APPROVING THE THREE YEAR FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, AND THE FIVE YEAR CAPITAL IMPROVEMENTS PROGRAM EXCLUDING HUMAN SERVICES AID TO AGENCIES AND COMMUNITY EVENT AND PROGRAM FUNDING, as amended. Moved by Correia, seconded by O'Donnell, to amend the CIP (Capital Improvements Program) by removing the I-80 aesthetic improvement project, from Highway 1 to the river. City Engr. Knoche present for discussion. The Mayor declared the motion carried, 4/3, with the following voice vote: Ayes: Wilburn, Correia, Champion, O'Donnell. Nays: Wright, Hayek, Bailey. The Mayor declared the amended resolution adopted unanimously by affirmative roll call vote, 7/0, all Council Members present. Council Members Champion and Correia abstained due to a conflict of interest. Moved by Wilburn, seconded by Wright, to adopt RES. 09-76, APPROVING AND ALLOCATING THE HUMAN SERVICES AID TO AGENCIES BUDGET FOR FY2010. Affirmative roll call vote unanimous, 5/0, Champion and Correia abstaining. The Mayor declared the resolution adopted. Moved by Champion, seconded by Wright, to adopt RES. 09-77, APPROVING AND ALLOCATING COMMUNITY EVENT AND PROGRAM FUNDING FOR FY2010. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Wilburn, to adopt RES. 09-78, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE IOWA CITY WATER WORKS PRAIRIE PARK SCULPTURE AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. Neighborhood Services Planner Bollinger present for discussion. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote. Ayes: O'Donnell, Wilburn, Wright, Bailey, Champion. Nays: Correia, Hayek. Moved by Hayek, seconded by Wright, to appoint Minnetta Gardinier, 1527 Muscatine Avenue, to the Airport Commission to fill asix-year term March 1, 2009 -March 1, 2015; appoint Mercedes Bern-Klug, 1803 C Street, to the Senior Center Commission for one vacancy to fill three-year term January 1, 2009 -December 31, 2011; appoint Thomas Carsner, 1627 College Court Place, to the JCCOG Cool Cities Taskforce for an At- Large/Public vacancy to fill aone-year term, effective upon appointment, ending March, 2010. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Wilburn, to accept correspondence from Complete Description March 10, 2009 Page 6 * Revised 3/23/09 * Minnetta Gardinier. 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 will be readvertised: Airport Zoning Brd of Adjustment to fill afive-year term January 1, 2009 - December 31, 2013; Senior Center Commission for one vacancy to fill three-year term January 1, 2009 -December 31, 2011; Appeals, Board of to fill afive-year term January 1, 2009 -December 31, 2013, one for a Mechanical Professional. 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; Historic Preservation Commission for one College Green District Representative, to fill athree-year term March 29, 2009 -March 29, 2012; Telecommunications Commission for two vacancies to fill three-year terms March 13, 2009 - March 13, 2012; Youth Advisory Commission for two vacancies (1) person At Large Effective upon appointment and ending December 31, 2009 and (1) person -Tate High January 1, 2009 -December 31, 2010. Applications must be received by 5:00 p.m., Wednesday, March 18, 2009. City Manager Lombardo noted the At A Glance newsletter in last week's information packet; reported he would be gone the week of March 16; and announced the City had received $1.3 million RISE money for the 420th Street reconstruction at the City industrial Park. Moved by Hayek, seconded by Correia, to adjourn 9:35 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Regenia D. Bailey, Mayor Marian K. Karr, City Clerk Complete Description March 10, 2009 Page 6 Minnette Gardinier. 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 will be readvertised: Airport Zo ing Brd of Adjustment to fill afive-year term January 1, 2009 - December 31, 2013; Senio Center Commission for one vacancy to fill three ear term January 1, 2009 - Decembe 31, 2011; Appeals, Board of to fill afive-yea e January 1, 2009 -December 31, 2013, a for a Mechanical Professional. Applica is UST reside in Iowa City and be 18 years of a e unless specific qualifications are stat d. tall will not publish additional notices after a eriod of six publications; but will co tin e to advertise vacancies with postings and on th Council agenda. However, no a dit' nal publication costs will be incurred.] The Mayor noted the previous announced vacancies: Ai o Zoning Brd of Adjustment to fill an unexpired term, e ctive upon appointmen , pl afive-year term ending December 31, 2011; Airport Zoning Co fission to fill asix-ye r t m January 1, 2006 - December 31, 2011; Historic Preservation ommission for one Ilege Green District Representative, to fill a three-year term Mar h 29, 2009 - lylar 29, 2012; Telecommunications Commission for two vac ncies to fill,Fthr e-year terms March 13, 2009 - March 13, 2012; Youth Advisory Commission f r two vacancies (1) person At Large Effective upon appointment and ending December 31, 20 and (1) person -Tate High January 1, 2009 -December 31, 2010. Applications must be received by 5:00 p.m., Wednesday, March 18, 2009. City Manager Lombardo noted the At A Glanc newsletter in last week's information packet; reported he would be gone the week of March 6; and announced the City had received $1.3 million RISE money for the 42~Oth Street re onstruction at the City industrial Park. Moved by Hayek, seconded by Correia, to adjourn '35 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members prese t. Regenia Marian K. Karr, City Clerk f Bailey, Mayor