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HomeMy WebLinkAbout2009-04-06 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 APRIL 6, 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, Bollinger, Davidson, Gannon, O'Malley. The Mayor presented the Outstanding Student Citizenship Awards to Lemme Elementary students: Amanda Brown, Libby Fischer, Lydia Johnson, Tim Sanderson. Mayor Bailey presented a key to the City to Ali Bowden, representing Edinburgh, Scotland, our City Sister designed a UNESCO City of Literature. Writer's Workshop Director Christopher Merrill delivered remarks. Moved by Hayek, seconded by Correia, 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 23, Special Council Work Session; March 23, Special Council Formal Official and Complete; March 24, Special Council Formal Official and Complete; March 31, Special Council Formal Official and Complete; March 31, Special Council Work Session. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Public Library -February 26, 2009; Parks and Recreation Commission -February 11, 2009; Public Art Advisory Committee -February 5, 2009; Human Rights Commission - February 24, 2009; Airport Commission -February 12, 2009; Airport Commission - February 23, 2009; Public Art Advisory Committee -February 5, 2009; Rules Committee Meeting -March 31, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Sultana, Inc., dba EI Dorado Mexican Restaurant, 1634 Sycamore St.; Special Class C Liquor License for Little Donkey's, Inc., dba Panchero's Mexican Grill, 32 S. Clinton St. Public Hearings: RES. 09-95, SETTING A PUBLIC HEARING ON APRIL 20, 2009 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LANDFILL GAS COLLECTION SYSTEM 2009 EXPANSION 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. 09-96, 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 HOLDING LLP, AND TENANT CORNER OF THE MEADOW, INC., D/B/A MOTLEY COW CAFE, FOR A SIDEWALK CAFE; RES. 09-97, ACCEPTING THE WORK FOR THE SENIOR CENTER ADA RESTROOM REMODELING PROJECT; RES. 09-98, ACCEPTING THE WORK FOR THE Complete Description April 6, 2009 Page 2 GILBERT STREET AND PRENTISS / BOWERY STREET INTERSECTION IMPROVEMENT PROJECT; RES. 09-99, 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 1904 DELWOOD DRIVE, IOWA CITY, IOWA; RES. 09-100, APPROVING THE AMENDED BY-LAWS OF THE IOWA CITY HUMAN RIGHTS COMMISSION. Correspondence: Sharon Evans regarding Videotaping/Broadcast of Priority Setting Sessions; Helen Burford regarding Benton Hill Park; Antone Braga regarding Consumer protection; David Christ regarding Farmers Market; Kathryn Kunert regarding MidAmerican Energy Company Iowa City Community Report 2008; Joyce Barker regarding Police; Rezoning Northside District letters from Beverly Blasingame, Thomas Kane, Larry and Tina Woodsmall, Stephen Smith; Anthony Grego regarding Snow removal; Tom Richardson regarding Suggestions for cost savings; Evan Streeby regarding Skatepark. 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 rezoning approximately 100-acres of land located on both sides of 420th Street SE, west of Taft Avenue from Interim Development (ID- I) to General Industrial (I-1) (REZ09-00002). PCD Dir. Davidson present for discussion. The Mayor requested the Council Members disclose ex parte communications, and none were reported. No one appeared. Moved by Hayek, seconded by O'Donnell, that the ordinance rezoning approximately 100-acres of land located on both sides of 420th Street SE, west of Taft Avenue from Interim Development (ID-I) to General Industrial (I-1) (REZ09-00002), 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 conditionally rezoning approximately .98 acres of property located north of Rohret Road from Interim Development Single-Family Residential (ID-RS) to Low Density Single-Family Residential, 40.13 acres from Rural Residential (RR-1) to Low Density Single-Family Residential (RS-5) and 60.28 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 requested the Council Members disclose ex parte communications. Individual Council Members shared communications, and expressed their views. PCD Dir. Davidson present for discussion. The following individuals appeared: Larry Jewell; Robert Hegeman, 44 Tucson Place; and Dave Tokuhisa. Moved by Champion, seconded by Correia, to accept correspondence from Nancy Hitchon; Larry Jewell; Judy, Dave Rebakah, Raj Tokuhisa, Adam, Amanda, and Jason Rohrer. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Wright, that the ordinance conditionally rezoning approximately 0.98 acres of property located north of Rohret Road from Interim Development Single-Family Residential (ID-RS) to Low Density Single-Family Residential, 40.13 acres from Rural Residential (RR-1) to Low Density Single-Family Residential (RS-5) and 57.49 acres from Low Density Single-Family Residential to Planned Development Overlay Low Density Single-Family Residential (OPD-5) (REZ08-00011) (Country Club Estates), be given first vote. Complete Description April 6, 2009 Page 3 Duane Musser, MMS Consultants, appeared. Individual Council Members expressed their views. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Wilburn, Bailey, Champion, Hayek, O'Donnell. Nays: Wright, Correia. Absent: None. A public hearing was held on an ordinance amending Title 3, entitled "City Finances, Taxation and Fees," Chapter, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the City Code to increase or change certain solid waste charges. No one appeared. Moved by O'Donnell, seconded by Champion, that the ordinance amending Title 3, entitled "City Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the City Code to increase or change certain solid waste charges, 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 a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Burlington Street Pedestrian Bridge Renovation Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by O'Donnell, seconded by Champion, to adopt RES. 09-101, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BURLINGTON STREET PEDESTRIAN BRIDGE RENOVATION PROJECT, ESTABLISHING AMOUNT OFBID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the 2009 Water Main Directional Boring Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by Wright, seconded by Champion, to adopt RES. 09-102, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2009 WATER MAIN DIRECTIONAL BORING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the 2009 Pavement Replacement for Water Main Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by Champion, seconded by Correia, to adopt RES. 09-103, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2009 PAVEMENT REPLACEMENT FOR WATER MAIN Complete Description April 6, 2009 Page 4 PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by O'Donnell, that the ordinance amending Title 9 entitled "Motor Vehicles and Traffic", Chapter 7 entitled "Vehicle Size, Weight and Load," to restrict large truck traffic on North Summit Street and Dewey Street, 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 Hayek, that ORD. 09-4333, 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 passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by O'Donnell, that ORD. 09-4334, 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 passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Correia, seconded by O'Donnell, to defer indefinitely the resolution adopting the Iowa City Parks, Recreation and Trails Master Plan Final Report and Executive Summary, until a joint meeting is scheduled with the Parks & Recreation Commission. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Hayek, to adopt RES. 09-104, 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 UNIVERSITY VIEW PARTNERS, AND TENANT ETRE RESTAURANT GROUP L.L.C., D/B/A TAKANAMI, 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 adopt RES. 09-105, 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 HAYWOOD BELLE, ET AL, AND TENANT SHORT'S BURGER & SHINE L.L.C., D/B/A SHORT'S BURGER & SHINE, FOR A SIDEWALK CAFE. 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. 09-106, DIRECTING SALE OF NOT TO EXCEED $9,130,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2009A. Finance Dir. O'Malley present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, to adopt RES. 09-107, AUTHORIZING THE REDEMPTION OF OUTSTANDING SEWER REVENUE BONDS, SERIES 2000, OF Complete Description April 6, 2009 Page 5 THE CITY OF IOWA CITY, IOWA, DATED OCTOBER 1, 2000, AND DIRECTING NOTICE BE GIVEN. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Hayek, seconded by Wilburn, to adopt RES. 09-108, DIRECTING SALE OF NOT TO EXCEED $10,130,000 WATER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 20096. 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. 09-109, AUTHORIZING THE REDEMPTION OF OUTSTANDING WATER REVENUE BONDS, SERIES 2000, OF THE CITY OF IOWA CITY, IOWA, DATED DECEMBER 1, 2000, AND DIRECTING NOTICE BE GIVEN. Finance Dir. O'Malley present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, to adopt RES. 09-110, APPROVING THE FIRST AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE WATER WORKS PRAIRIE PARK SCULPTURE AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by O'Donnell, to accept correspondence from Kyle Oskvig. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Correia, to adopt RES. 09-111, APPROVING SETTLEMENT OF CLAIM for Mike and Tammy Bauer for $52,418.12 and to State Farm Fire and Casualty Company for $19,572.01. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Correia, seconded by Wright, to appoint Charlotte Walker, 320 S. Dubuque #221, to the Senior Center Commission to fill athree-year term January 1, 2009 -December 31, 2011. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to accept correspondence from Carol Thompson, Eve Casserly, Charlotte Walker. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted that no applications were received for the Airport Zoning Brd of Adjustment to fill afive-year term January 1, 2009 -December 31, 2013 and Board of Appeals to fill afive-year term January 1, 2009 -December 31, 2013, one for a Mechanical Professional and both would be readvertised. 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 to Boards and Commissions: Airport Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus a five-year term ending December 31, 2011; Airport Zoning Commission to fill asix-year term January 1, 2006 -December 31, 2011; Youth Advisory Commission to fill atwo-year term For one (1) person -Tate High, January 1, 2009 -December 31, 2010. Applications must be received by 5:00 p.m., Wednesday, May 13, 2009. Complete Description April 6, 2009 Page 6 The Mayor noted the current vacancy: Human Rights Commission to fill an unexpired term, effective upon appointment, ending January 1, 2010. Applications must be received by 5:00 p.m., Wednesday, May 13, 2009. Moved by Wright, seconded by Hayek, to accept correspondence from Joy Kross. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Hayek acknowledged the Fire Department insert in the Press-Citizen newspaper recently and stated it contained valuable information; and reported he had attended the Mission Creek Festival and the quality of the entertainment top shelf, noting it was a great event for the downtown. Mayor Bailey stated there probably would be changes to the City policies based on the Supreme Court ruling regarding same sex marriage and she looked forward to those discussions. City Manager Lombardo announced that an open house for Fire Station # 2 is planned for May and more information would be forthcoming; stated he would be out of the office Friday; and Go Spartans. Moved by Wilburn, seconded by Hayek, to adjourn 8:10 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members pre nt. R is D. Bailey, May Marian K. Karr, City Clerk 4a(1 ~r'_„---rr®~ CITY CJF iC~WA CITY ~~~~~~~ j~ ~V l ~ 1..,! --~..s._ Date: March 23, 2009 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, March 23, 2009, 7:30'" PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright UISG: Gunn Staff: Lombardo, Helling, Dilkes, Karr, Davidson, Long, Fosse, Purdy, O'Brien, Boothroy, Knoche, Bollinger, Dulek, Smith (A complete transcription is available in the City Clerk's Office and the City website) [*Work session started after special formal and executive session recessed] COUNCIL APPOINTMENTS Airport Zoning Brd of Adjustment - no applicants, re-advertise Airport Zoning Commission - no applicants, re-advertise Historic Preservation Commission -Pam Michaud Telecommunications Commission -Brett Gordon and Laura Bergus Youth Advisory Commission - defer until formal meeting on the 24th to allow Council liaison Wilburn to meet with applicant AGENDA ITEMS (Item # 8 -Ordinance amending Title 10 .... Use of Public Ways and Property," to allow Farmers Market to take place at locations other than Chauncey Swan Parking Ramp and Chauncey Swan Park) In response to questions, City Manager Lombardo stated staff would be meeting with the vendors on April 9 to work out additional questions. City Atty. Dilkes stated the ordinance allowed greater flexibility with the Farmers Market location in the future by simply removing the restriction to the Chauncey Swan location. Majority agreed to leave on for first consideration and have the City Manager outline the process followed to date. 2. (Item # 9 -Resolution authorizing the Mayor ... Vito's, for a sidewalk cafe). In response to Council Member Hayek, City Clerk Karr stated the application was not on the Consent Calendar because it was not viewed as a renewal because the business had been sold to a new owner. 3. (Consent Calendar # 2g (6) -Correspondence from Dorothy Whiston re Shelter Overflow Interim Project) Council Member Correia announced that the two church managers that had been providing coordination services for the overflow locations were not doing it next year. Majority o Council asked to be kept informed. Council Work Session March 23, 2009 Page 2 FLOOD RESPONSE AND MITIGATION UPDATE (IP#2 of 3/19 Information Packet) PCD Director Davidson, Public Works Director Fosse, City Engr. Knoche, Community Development Coordinator Long and Flood Buyout Spec. Purdy presented information. After discussion a majority agreed to proceed as outlined in the memo and presentation. STAFF ACTION: Proceed as outlined. INFORMATION PACKET DISCUSSION (3/12 and 3/19] 1. (IP8 of 3/19 Information Packet -Memo from Transportation Planner re FY10 JCCOG transportation planning work program ... Dubuque Street corridor between Dubuque and Jefferson Streets) In response to Council member Correia, PCD Dir. Davidson present for discussion. Majority agreed to proceed immediately as outlined in the memo, 2. (IP4 of 3/19 Information Packet -letter from Mayor Bailey to Downtown Business Owners ...) In response to Council Member Hayek, Mayor Bailey stated she had talked with the City Attorney regarding placing "ashtrays" or receptacles on the public right of way for cigarette butt disposal and Asst. City Mgr. Helling stated the matter has had discussion at the Downtown Association (DTA) as well. 3. (IP5 of 3/19 Information Packet - ICMA Public Library Innovation Grant Award) Council Member Correia congratulated the Public Library on the Innovation Grant. 4. (IP9 of 3/19 Information Packet -Community event and program funding) Mayor Bailey suggested that the forms be made available as a pdf form and completed and send electronically next year to make them for legible. Majority agreed. 5. (ip3 of 3/12 Information Packet - FY09 Budget Amendment Cycle 2) Council Member Hayek requested that the dollar amounts be indicated by the items. City Manager Lombardo stated a simple summary would be provided. COUNCIL TIME 1. Council Member Champion noted correspondence she received regarding a display at the Solon Library celebrating the Drollinger family and the City Park rides. Mayor Bailey stated she intended to announce the display at the formal meeting the next evening; Champion stated she would drop off information to the Iowa City Public Library as well. 2. Council Member Wilburn announced he had been contacted by the Governor's office for an appointment on the Commission on Community Action Agencies, and has accepted. JOINT MEETING AGENDA ITEMS (IP#3of 3/19 Information Packet) Council Member abstaining from discussion on this matter until an opinion had been received from the City Attorney. Council Work Session March 23, 2009 Page 3 The City Council agreed to add the following items to the agenda: 1. Neighborhood and Comprehensive Plan Presentation & Overview (City staff will present) 2. Flood Update (all entities) Noting the pervious meeting was cancelled, the City Council requested the meeting be held even if the agenda has few items or other entities are unable to attend. STAFF ACTION: City Clerk to notify the School District of agenda items. (Karr) SCHEDULE OF PENDING DISCUSSION ITEMS None UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS •:• JCCOG Meeting- 4:00 PM, Harvat Hall, Wednesday, March 24 Mayor Bailey announced she would be for Council Member Correia. It was decided that City Manager Lombardo would be attending for Council Member Wilburn. DISCUSSION OF MEETING SCHEDULE [Reference IP4] Mayor Bailey stated she would be unable to attend the April 7 formal meeting. After discussion a majority agreed to combine the formal meeting with the work session on April 6. City Clerk Karr noted the agenda had a number of hearings being set for April 7 and an announcement should be made that the hearings will be changed to April 6. Meeting adjourned 9:00 PM into previously recessed executive session. 04-06-09 4a 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 - 3/23/09 Iowa City City Council Special meeting 6:30 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: None. Moved and seconded by Wright, to adjourn to executive session to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. The minutes and the tape recording of a session closed under this paragraph (real estate) shall be available for public examination when the transaction discussed is completed; and 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. The Mayor declared the motion carried. Moved and seconded to recess to the Council work session, and continue the formal and executive session at the end of the work session. The Mayor declared the motion carried. Moved and seconded to adjourn special meeting 9:30 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. t s/Regenia D. Bailey, Mayor s/Marian K. Karr, City Cler ~~~F ~. Submit d or publication - 3/25/09. 4a 3 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost of this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 3/24/09 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. 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: 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., 171 Hwy 1 West. Renewal: Class C Liquor License for B.P.O. Elks #590, 637 Foster Rd.; Class C Liquor License for Okoboji Grill, 1857 Lower Muscatine Rd.; Outdoor Service Area for Okoboji Grill, 1857 Lower Muscatine Rd.; Class C Liquor License for La Reyna, Inc., 1937 Keokuk St.; Special Class C Liquor License for Panchero's Mexican Grill, 965 S Riverside Dr.; Special Class C Liquor License for Oyama Sushi Japanese Restaurant, 1853 Lower Muscatine Rd.; RES. 09-79, TO ISSUE DANCE PERMIT to 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 ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BURLINGTON STREET PEDESTRIAN BRIDGE RENOVATION PROJECT, DIRECTING CITY CLERK TO Official Actions March 24, 2009 Page 2 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 ACCEPT CAPITAL FUNDS MADE AVAILABLE BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) THROUGH THE AMERICAN Official Actions March 24, 2009 Page 3 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. The Mayor declared the motion carried. 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 and seconded 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. 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). 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. Moved and seconded to continue public hearing to April 6. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Brian Speer. The Mayor declared the motion carried. Moved and seconded 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). The Mayor declared the motion carried. A public hearing was held on a resolution amending the FY2009 Operating Budget. Moved and seconded to adopt RES. 09-93, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 31, 2009. Official Actions March 24, 2009 Page 4 Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. Caroline Dieterle and Lois Pavelka appeared. The Mayor declared the ordinance defeated. Moved and seconded 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. Moved and seconded 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. Moved and seconded to reconsider a 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. Moved and seconded 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. Moved and seconded 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. Moved and seconded to approve a tentative agreement between the City of Iowa City and the Police Labor Relations Organization of Iowa City . The Mayor declared the motion carried. Moved and seconded 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 Official Actions March 24, 2009 Page 5 carried. Moved and seconded to accept correspondence from Saul Mekies and Laura Bergus. The Mayor declared the motion carried. Moved and seconded 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. 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 - 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. Moved and seconded 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. The Mayor declared the motion carried and adjourned into executive session. Moved and seconded to adjourn 9:30 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 D artment. s/Regenia D. Bailey, Mayor s/Marian K. Karr, City Clerk ~J Submit d for publication - 4/1/09. 4a 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 - 3/31/09 Iowa City City Council Special meeting 5:30 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: None. Moved and seconded to adjourn to executive session to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. The minutes and the tape recording of a session closed under this paragraph (real estate) shall be available for public examination when the transaction discussed is completed. The Mayor declared the motion carried and adjourned into executive session. Moved and seconded to adjourn special meeting 6:16 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 Cler ~~~.~' Submitted for publication -4/1/09. 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 23, 2009 Iowa City City Council Special meeting 6:30 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: None. Staff members present: Lombardo, Davidson, Dilkes, Karr, Knoche, Purdy, O'Brien. Moved by Wilburn, seconded by Wright, to adjourn to executive session to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. The minutes and the tape recording of a session closed under this paragraph (real estate) shall be available for public examination when the transaction discussed is completed; and 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). The Mayor declared the motion carried unanimously, 7/0, and adjourned into executive session 6:33 p.m. Council returned to open session 7:35 p.m. Moved by Hayek, seconded by Wilburn to recess to the Council work session, and continue the formal and executive session at the end of the work session. The Mayor declared the motion carried unanimously, 7/0, and adjourned into work session 7:36 p.m. Council returned to the recessed executive session 9:00 PM. Moved by Champion, seconded by O'Donnell, to adjourn special meeting 9:30 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 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. 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 MARCH 31, 2009 Iowa City City Council Special meeting 5:30 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, Dilkes, Karr, O'Malley. Moved by Wilburn, seconded by Hayek, to adjourn to executive session to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. The minutes and the tape recording of a session closed under this paragraph (real estate) shall be available for public examination when the transaction discussed is completed. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 5:37 p.m. Council returned to open session 6:15 p.m. Moved by Champion, seconded by Hayek, to adjourn special meeting 6:16 p.m. The Mayor declared the motion carried unanimously, 4/0, Correia, Wilburn, Wright absent. Regenia D. Bailey, Mayor Marian K. Karr, City Clerk r ~~„~~,p~ CITY OIF ICJ WA CITY 4a5 ::m~in~~ Date: April 1, 2009 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, March 31, 2009, 6:25 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright UISG: Gunn, Swedlund Staff: Lombardo, Helling, Dilkes, Karr, Lewis, O'Malley, Mansfield (A complete transcription is available in the City Clerk's Office) PRIORITY SETTING City Manager Lombardo facilitated discussion. Finance Director O'Malley present. Hand Outs: - Memo from the City Manager Priority Setting Work Session, March 31, 2009 Community Survey Tool Council agreed to have staff proceed with "quote" from consulting firms for community survey tool that would involve phone call survey and possible web responses to be completed by mid- May. Criteria and Weighting Process Development After discussion majority agreed to the following potential criteria: ^ Mandated Services ^ Benefit to the community ^ Internal benefit ^ Health and Safety ^ Council Priority/Preference ^ Duplicate Service/Alternate Means of Service Delivery ^ Serves Vulnerable/Underserved Population ^ Link to Comprehensive Plan April 13 meeting Council requested the following be included in April 9 information packet: ~- General Fund cost centers /programs from City Departments showing: 1) description of each service 2) whether mandated by the state or federal government 3) funding mechanism (fee-based, etc) 4) # of FTE's 5) total budget/cost of service 6) information relative to the criteria that was established at the meeting Council and department heads will be available to provide additional information. Meeting adjourned 8:00 PM.