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HomeMy WebLinkAbout2009-04-20 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 20, 2009 Iowa City City Council 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 Helling, Dilkes, Karr, Davidson, Rackis, O'Malley, O'Brien, Tallman, Scott. The Mayor and UISG Council Liaison Gunn presented Outstanding Student Citizenship Awards to Longfellow Elementary students: Sonali Durham, Emma Kealey, Alex Koenig. The Mayor proclaimed :Buy Here Day -April 23, 2009, Chamber of Commerce President and C.E.O. Nancy Quelhorst, accepting; Arbor Day: April 24, 2009; Irving B. Weber Days -May 2009, Shaner Magalhaes, Johnson County Historical Society Director introduced Lion's Club representatives Del and Susan Brown who accepted the proclamation. Michelle Payne, Mid American Energy presented a check to the City in the amount of $20,000 for the Trees Please program. Moved by Hayek, 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: April 6, Special Council Formal Official and Complete; April 6, Special Council Formal Official and Complete; April 6, Special Council Work Session; April 13, 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 -March 5, 2009; Animal Care Task Force -March 26, 2009; Historic Preservation Commission -March 12, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Sams Pizza IC, Inc., dba Sams Pizza IC, Inc., 441 S. Gilbert St.; Class C Liquor License for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St.; Outdoor Service Area for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St.; Class C Beer Permit for KLB Bauer, Inc., dba Gasby's #1, 1310 S. Gilbert St.; Class C Beer Permit for KLB Bauer, Inc., dba Gasby's #4, 2303 Muscatine Ave.; Class E Liquor License for Liquor House, Ltd., dba Liquor House, 425 S. Gilbert St.; Class C Liquor License for Iowa City Eastside Cafe, Inc., dba Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St.; Outdoor Service Area for Iowa City Eastside Cafe, Inc., dba Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St.; Class A Liquor License for Iowa City Lodge #1096 Loyal Order of Moose, dba Loyal Order of Moose Lodge #1096, 3151 Hwy 6 E. RES. 09-114, TO ISSUE DANCE PERMIT for Iowa City Lodge #1096 Loyal Order of Moose, dba Loyal Order of Moose Lodge #1096, 3151 Hwy 6 E. Class C Liquor License for Kennedy Investments, Inc., dba Vine Tavern & Eatery, 330 E Prentiss St. Motion: Approve disbursements in the amount of $8,876,867.46 for the period of March 1 through March 31, 2009, as recommended by the Finance Director subject to audit. Complete Description April 20, 2009 Page 2 Public Hearings: Set a public hearing for May 5, 2009 regarding Iowa City's FY10 Annual Action Plan, that is a sub-part of Iowa City's 2006-2010 Consolidated Plan (a.k.a. City Steps) and an amendment to the FY09 Annual Action Plan; RES. 09- 115, FIXING DATE of May 5 FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $4,995,000 GENERAL OBLIGATION BONDS CAPITAL LOAN NOTES OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 09-116, FIXING DATE of May 5 FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $6,500,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2009E, OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 09-117, FIXING DATE of May 5 FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF $700,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, (FOR A GENERAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 09-118, FIXING DATE of May 5 FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $680,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, (FOR A GENERAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 09-119, FIXING DATE of May 5 FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $360,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, (FOR A GENERAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 09-120 FIXING DATE of May 5 FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $510,000 GENERAL OBLIGATION CAPITAL LOAN NOTES (FOR A GENERAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Resolutions: RES. 09-121, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH RIVERSIDE THEATRE THAT ALLOWS THE SALE OF WINE AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK FROM JUNE 10, 2009 THROUGH JULY 12, 2009; RES. 09-122, 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 IOWA AVENUE PROPERTY LLC, AND TENANT 808 RESTAURANT & NIGHTCLUB, INC., D/B/A 808 RESTAURANT & NIGHTCLUB, FOR A SIDEWALK CAFE; RES. 09-123, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN ET AL, AND TENANT LINN STREET CAFE, INC., D/B/A LINN STREET CAFE, FOR A SIDEWALK CAFE; RES. 09-124, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SECOND, TWO MONTH EXTENSION OF THE Complete Description April 20, 2009 Page 3 AGREEMENT WITH PUBLIC ACCESS TELEVISION, INC.; RES. 09-125, 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 2704 BROOKSIDE DRIVE, IOWA CITY, IOWA. Correspondence: Acting Traffic Engineering Planner regarding Installation of (2) YIELD signs at the Wild Prairie Drive/Prairie Grass Lane intersection; Iowa City Community School facility plan letters from Anne Bendixen, Mary Knudson(2), Paula Swygard; Charlotte Walker regarding Thank you; Urban Chicken letters from Stacey Driscoll, Alicia Koch, Trudi Starbeck-Miller[staff response included], Val Donohoe; Jill Smith regarding Bicycles, littering, and smoking on Pedestrian Plaza [Staff response included]; Mark Phalen regarding Web Site [staff response included]; Albert Gibson regarding Fieldhouse alcohol license; Bobby Hollis regarding Iowa City tourism potential; David & Robin House regarding Crime in Iowa City; Sunil Gulati regarding FIFA World Cup soccer tournament; Dubuque Street parking & loading zones letters from Rick Kaster, Niki Neems, Connie Parsons, Anne Nusser Rizzo, Andrea Rauer; Cliff Pirnat regarding Flood protection; Russell Haught regarding Fire station funding; Garry Klein regarding Budget priorities; Letters from Cindy Clark, Dave Panther, Jay Ogden regarding North Linn Street repair [12 signatures included]; Protest of Rezoning Northside Historic District: Twenty-one signatures attached; Gary Sanders regarding Zoning to limit bars; Gary Sanders regarding Farmers Market vendors meeting and survey results. Council Member Correia noted the correspondence regarding the Iowa City Community School District facility plan and stated that the City serves no role in approving or denying the proposed tax. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Downtown Association President Leah Cohen provided information on upcoming activities downtown. Gary Sanders praised Council for the termination of the City Manager. Moved by Wilburn, seconded by Hayek, to set a public hearing for May 5 on an ordinance rezoning approximately 23.25 acres of property located along the 300 - 500 blocks of N. Gilbert Street, the 300 - 700 blocks of N. Linn Street, the 200 - 300 blocks of Church Street, the 200 - 500 blocks of Fairchild Street, and 200 - 400 blocks of Davenport Street from Neighborhood Stabilization Residential (RNS-12) Zone to Historic District Overlay/ Neighborhood Stabilization Residential (OHD/RNS-12) Zone and from Medium Density Single Family (RS-8) Zone to Historic District Overlay/Medium Density Single Family (OHD/RS-8) Zone (REZ09-00001). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Correia, seconded by Wright, to set a public hearing for May 5 on an ordinance amending Title 14, Zoning, establishing definitions and a use classification procedure for drinking establishments and alcohol sales-oriented retail uses and establishing minimum spacing requirements for said uses. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, that the 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 Complete Description April 20, 2009 Page 4 from Low Density Single-Family Residential to Planned Development Overlay Low Density Single-Family Residential (OPD-5) (RES08-00011), be given second vote. PCD Director Davidson and Development Reg. Spec. Tallman present for discussion. The Mayor requested Council disclose any ex pane communications. Individual Council Members expressed their views. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Bailey, Champion, Hayek, O'Donnell, Wilburn. Nays: Wright, Correia. Absent: None. Moved by Champion, seconded by Wilburn to accept correspondence from: Larry Jewell, Judy Tokuhisa, and Robert Hegeman. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Wilburn, to send a letter to the Johnson County Board of Supervisors recommending approval with conditions of a rezoning from County Agriculture (A) to County Residential (R) Zone for 39.92 acres located east of Buchmayer Bend NE and west of Hwy 1 NE (CZ09-00002) (Wonick). PCD Director Davidson present for discussion. Glen Meisner, MMS Consultants, appeared. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wright, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 09-4335, 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 voted on for final passage at this time. The Mayor requested that Council Members disclose any ex parte communications, and none were reported. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wright, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. A public hearing was held on a resolution declaring the City's intent to proceed with and authorizing the acquisition of property rights for the 420t" Street Corridor Improvements - Sanitary Sewer and Roadway Project. No one appeared. Moved by Champion, seconded by Hayek, to adopt RES. 09-126, DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE 420T" STREET CORRIDOR IMPROVEMENTS -SANITARY SEWER AND ROADWAY PROJECT. Dan Flannery, representing the family owning property to the north, appeared. Sr. Civil Engr. Scott present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving the Iowa City Housing Authority's Annual Plan for fiscal year 2009. Housing Adm. Rackis present for discussion. The following individuals appeared: Charlie Eastham, President of the Housing Fellowship; and Alyss Philpot, Moved by Wilburn, seconded by Champion, to adopt RES. 09-127, APPROVING THE IOWA CITY HOUSING AUTHORITY'S ANNUAL PLAN FOR FISCAL YEAR 2009. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A majority of Council requested the Housing Authority termination policies be scheduled for a work session in May or June. Complete Description April 20, 2009 Page 5 A public hearing was held on a resolution authorizing the filing of an application with the Iowa Department of Transportation for FY2010 Iowa DOT State Transit Assistance and Federal Transit Administration funding. Transportation Services Director O'Brien present for discussion. Moved by Wilburn, seconded by Hayek, to adopt RES. 09-128, AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY2010 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING. 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 Landfill Gas Collection System 2009 Expansion 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 O'Donnell, to adopt RES. 09-129, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LANDFILL GAS COLLECTION SYSTEM 2009 EXPANSION 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 O'Donnell, seconded by Correia, that the ordinance amending Title 10 of the City Code, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks, " to eliminate the cap on temporary sidewalk permits and to expand the permit for Fridays during the summer by establishing a new sidewalk retailing permit, be given first vote. Leah Cohen, President of the Downtown Association appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wright, seconded by Hayek, that the ordinance amending Title 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 second 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 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 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, to adopt RES. 09-130, APPROVING A REVISED DEER MANAGEMENT PLAN AND RESCINDING RESOLUTION NO. 08-122. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Hayek, to adopt RES. 09-131, AUTHORIZING THE CITY MANAGER AND MAYOR TO SIGN GRANT AGREEMENTS FOR FLOOD RELIEF ASSISTANCE FROM THE STATE OF IOWA AND THE FEDERAL GOVERNMENT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description April 20, 2009 Page 6 Moved by O'Donnell, seconded by Wilburn, to adopt RES. 09-132, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST INTERLOCAL AGREEMENTS BETWEEN THE CITY OF IOWA CITY AND THE CITY OF NORTH LIBERTY, IOWA, THE CITY OF CORALVILLE, IOWA AND JOHNSON COUNTY, IOWA, FOR THE APPLICATION AND ADMINISTRATION OF ANY AWARDED EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARDS. Police Capt .Wyss present for discussion. 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 Champion, seconded by Hayek, to approve a Tax Exemption Certificate authorizing a form of loan agreement and authorizing and providing for the issuance of $8,660,000 Sewer Revenue Refunding Capitol Loan Notes, Series 2009A. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Wilburn, to approve a Continuing Disclosure Certificate authorizing a form of loan agreement and authorizing and providing for the issuance of $8,660,000 Sewer Revenue Refunding Capitol Loan Notes, Series 2009A. Finance Director O'Malley present for discussion. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Wilburn, to adopt RES. 09-133, APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF AND SECURING THE PAYMENT OF $8,660,000 SEWER REVENUE REFUNDING CAPITOL LOAN NOTES, SERIES 2009A, OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF THE NOTES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Hayek, seconded by O'Donnell, to approve a tax exemption certificate authorizing a form of loan agreement and authorizing and providing for the issuance of $ $9,750,000 Water Revenue Refunding Capitol Loan Notes, Series 20096. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Hayek, seconded by O'Donnell, to approve a continuing disclosure certificate authorizing a form of loan agreement and authorizing and providing for the issuance of $9,750,000 Water Revenue Refunding Capitol Loan Notes, Series 20096. The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Hayek, seconded by Correia, to adopt RES. 09-134, APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $ $9,750,000 WATER REVENUE REFUNDING CAPITOL LOAN NOTES, SERIES 20096, OF THE CITY OF IOWA CITY, IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF THE NOTES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. 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 Brd of Adjustment to fill afive-year term January 1, 2009 -December 31, 2013; Airport Zoning Commission to fill asix-year term January 1, 2006 -December 31, 2011; Appeals, Board of to fill afive-year term January 1, 2009 -December 31, 2013, one for a Mechanical Professional; Human Rights Commission - to fill an unexpired term, effective upon appointment, ending January 1, 2010; Youth Advisory Complete Description April 20, 2009 Page 7 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. The Mayor noted the current vacancy for the Board of Adjustment to fill an unexpired term, effective upon appointment, plus afive-year term ending January 1, 2015. Applications must be received by 5:00 p.m., Wednesday, June 10, 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.] Moved by Wright, seconded by Wilburn, to accept correspondence from Ned Wood. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Champion inquired as to whether the City could alter the hours bars are open. City Atty. Dilkes replied they could not. Council Member O'Donnell stated he shared concerns expressed by Council Member Champion during the work session and said he was looking forward to discussion at the May 4 work session; and reported a number of complaints he received on removing TV Guide from Mediacom. Acting City Manager Helling stated the City can not require specific services from Mediacom but will follow up on the tri-annual review of the cable company and see if that can be noted. Council Member Wilburn stated he would be cycling with Phil Keoghan from Amazing Race in supporting research for Multiple Sclerosis on Tuesday, April 21. Mayor Bailey reported she attended the ribbon cutting for the Johnson County Health and Human Services Building and commended the County for their efforts in securing a silver LEED status for the building. Acting City Manager Helling reported that the City had received proposals for the citizen survey as directed in an earlier Council priority setting session, and asked if the Council wished to proceed. Majority asked that the matter be scheduled for an upcoming work session. Moved by Wilburn, seconded by O'Donnell, to adjourn 8:25 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members~p~resent. ~ ~ is D. Bailey, Ma ~' 1 Mari n K. Karr, City Clerk 5aC-> 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 - 4/6/09 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 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 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 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 EI Dorado Mexican Restaurant, 1634 Sycamore St.; Special Class C Liquor License for 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 Official Actions 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. 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). Moved and seconded 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) The following individuals appeared: Larry Jewell; Robert Hegeman, 44 Tucson Place; and Dave Tokuhisa. Moved and seconded to accept correspondence from Nancy Hitchon; Larry Jewell; Judy, Dave Rebakah, Raj Tokuhisa, Adam, Amanda, and Jason Rohrer. The Mayor declared the motion carried. Moved and seconded 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), be given first vote. Duane Musser, MMS Consultants, appeared. The Mayor declared the motion carried. 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. Moved and seconded that the ordinance amending Title 3, entitled "City Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, Official Actions April 6, 2009 Page 3 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. 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. Moved and seconded 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. 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. Moved and seconded 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. 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. Moved and seconded 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 PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded 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. Official Actions April 6, 2009 Page 4 Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. Moved and seconded to adopt RES. 09-106, DIRECTING SALE OF NOT TO EXCEED $9,130,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2009A. Moved and seconded to adopt RES. 09-107, AUTHORIZING THE REDEMPTION OF OUTSTANDING SEWER REVENUE BONDS, SERIES 2000, OF THE CITY OF IOWA CITY, IOWA, DATED OCTOBER 1, 2000, AND DIRECTING NOTICE BE GIVEN. Moved and seconded to adopt RES. 09-108, DIRECTING SALE OF NOT TO EXCEED $10,130,000 WATER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 20096. Moved and seconded 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. Moved and seconded 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. Moved and seconded to accept correspondence from Kyle Oskvig. The Mayor declared the motion carried. Moved and seconded to adopt RES. 09-111, APPROVING SETTLEMENT OF CLAIM. Moved and seconded 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 and seconded to accept correspondence from Carol Thompson, Eve Casserly, Charlotte Walker. The Mayor declared the motion carried. 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 a five-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.] Official Actions April 6, 2009 Page 5 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. 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 and seconded to accept correspondence from Joy Kross. The Mayor declared the motion carried. Moved and seconded to adjourn 8:10 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. ~- s/Regenia D. Bailey, Mayor ~ s/Marian K. Karr, City Clerk Submitted for publication - 4/14/09. 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 - 4/6/09 Iowa City City Council special meeting, 6:05 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: None. Moved and seconded to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried. Moved and seconded to adjourn special meeting 6:10 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 CI rk ~~ ~~ ~~ Submitted for publication - 4/14/09. r -- ~~~,®,~,~ CITY C}F IOWA CITY 5a3 ~,'~,~' ~ .~ ~-~ ~~,.,~®~~~ ~1~ ~~~ Date: April 6, 2009 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, April 6, 2009, 6:11 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Hayek UISG Rep: Gunn Staff: Lombardo, Helling, Dilkes, Karr, Davidson, O'Brien, Rummel, Bollinger (A complete transcription is available in the City Clerk's Office and the City website) COUNCIL APPOINTMENTS Airport Zoning Brd of Adjustment - No applicants, re-advertise Board of Appeals - No applicants, re-advertise Senior Center Commission - Charlotte Walker DOWNTOWN PARKING/LOADING UPDATE [IP#2 of 4/1 Information Packet] Transportation Services Dir. O'Brien and Assoc. Dir. Rummel present for discussion. STAFF ACTION: Proceed as outlined in the memo and provide update in early August and again in October; and prepare fee increase ordinance for Council consideration and implementation July 1. (O'Brien) AGENDA ITEMS 1. (Agenda item # 14 -resolution adopting ... Iowa City Parks, Recreation and Trails master plan ....) Majority agreed to defer consideration until a joint meeting with the Parks & Recreation Commission could be scheduled. 2. (Agenda item # 21 -resolution approving the first amendment ... the artist for the Water Works Prairie Park Sculpture ...) City Atty. Dilkes and Neighborhood Services Planner Bollinger responded to questions regarding the existing contract and the proposed amendment. 3. (Agenda item # 11 -Ordinance amending Title 9 ... to restrict truck traffic on North Summit Street and Dewey Street) PCD Dir. Davidson provided more information on the proposed ordinance. INFORMATION PACKET DISCUSSION [3/26 & 4/2] 1. (IP13 of 4/2 Information Packet -Memo from JCCOG Human Services Coordinator ... FY09 Second Quarter performance review of health and human service agencies ... ) Council Work Session April 6, 2009 Page 2 Council Member Hayek noted the disparity of Aid to Agencies funding between Iowa City and Coralville. 2. (IP4 of 4/2 Information Packet -Joint meeting agenda for April 8) Mayor Bailey reported she had met with the School Board President and indicated she would be asking for regular quarterly meeting of City and ICCSD staff for planning purposes; ask for ICCSD commitment to schools located in older City neighborhoods; and encouraged. regular joint meeting of government bodies. COUNCIL TIME 1. Council Member Correia noted the Affordable Housing Task Force recommendation that were acted upon at the last JCCOG meeting and asked that the recommendations be scheduled for an upcoming work session in May. PCD Dir. Davidson present for discussion. Staff will report back on scheduling. 2. Council Member Wright stated he had received comments regarding the perceived spike in crime and asked if Police could provide a crime statistics report for the past years. The City Manager will follow up. SCHEDULE OF PENDING DISCUSSION ITEMS None UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS None DISCUSSION OF MEETING SCHEDULES [IP#3 of 4/2 Information Packet] After discussion the Council agreed to the following schedule: Monday, July 6 Monday, July 27 Tuesday, July 28 Monday, August 17 Tuesday, August 18 Monday, September 14 Tuesday, September 15 Monday, September 28 Tuesday, September 29 Regular Work Session and special Formal (combined) Special Work Session Special Formal Regular Work Session Regular Formal Regular Work Session Regular Formal Special Work Session Special Formal Any changes to the May or June schedule should be shared with City Clerk Karr for possible revision. STAFF ACTION: Prepare final schedule and include in 4/9 information packet. (Karr) Meeting adjourned 6:45 PM. 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 $_ OFFICIAL COUNCIL ACTIONS - 4/13/09 Iowa City City Council special meeting 5:30 p.m. at City Hall. Council Members present: Bailey, Champion, Hayek, O'Donnell, Wright. Absent: Correia, Wilburn Moved and seconded to adopt RES. 09-112, A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND AMEND A GRANT AGREEMENT (CONTRACT NO. 08- DRH-210) WITH THE STATE FOR SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR DISASTER ASSISTANCE. Moved and seconded to adjourn special meeting 5:35 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Regenia D. Bailey, Mayor s/Marian K. Karr, City Clerk ~~~~ ~~ ~~ Submi ted for publication - 4/17/09. 5a 4 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and cla Cumulative cost of this calendar year for said publicatioy sis$ is $ OFFICIAL COUNCIL ACTIONS - 4/13/09 Iowa City ity Council special meeting 5:30 p . at City Hall. Council Members present: Bailey, hampion, Hayek, O'Donnell, Wrig t. Absent: Correia, Wilburn Moved and conded to adopt RES. 09-112, A RESOLUTION AUTHORIZING THE MAYOR TO SI AND AMEND A GRANT A REEMENT (CONTRACT NO. 08- DRH-210) WITH THE TATE FOR SUPPLEMEN AL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS OR DISASTER ASSIS ANCE. Moved and seconde to adjourn special eeting 5:35 p.m. The Mayor declared the motion carried. A more complete descri ion of Council ctivities is on file in the office of the City Clerk. s/Regenia D. Bailey, Mayor s/Marian K. Karr, City Clerk Submitted for publication - 4/17/09. 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 APRIL 6, 2009 Iowa City City Council special meeting, 6:05 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: None. Staff members present: Dilkes, Karr. Moved by Wright, seconded by O'Donnell, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 6:05 p.m. Council returned to open session 6:10 p.m. Moved by Correia, seconded by Wright, to adjourn special meeting 6:10 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 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 a six-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 present. Regenia D. Bailey, Mayor Marian K. Karr, City Clerk COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES APRIL 13, 2009 Iowa City City Council special meeting 5:30 p.m. at City Hall. Council Members present: Bailey, Champion, Hayek, O'Donnell, Wright. Absent: Correia, Wilburn. Staff members present: Lombardo, Helling, Dilkes, Karr, Craig, Lewis, Moran, Mansfield, Tharp, Fosse, Davidson, O'Brien, Rummel, Jennings, Kopping, O'Malley, Boothroy, Goodman, Rocca, Jensen, Hargadine, Wyss, and Johnson. Moved by Champion, seconded by Hayek, to adopt RES. 09-112, A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND AMEND A GRANT AGREEMENT (CONTRACT NO. 08-DRH-210) WITH THE STATE FOR SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR DISASTER ASSISTANCE. Affirmative roll vote unanimous, 5/0, Correia and Wilburn absent. The Mayor declared the resolution adopted. Moved by Wright, seconded by Hayek, to adjourn special meeting 5:35 p.m. The Mayor declared the motion carried unanimously, 5/0, Correia and Wilburn absent. Regenia D. Bailey, Mayor Marian K. Karr, City Clerk COMPLETE DESCRIPTION OF CQUNCIL ACTIVITIES APRIL 13, 2009, Iowa City City Council special meeting 5:30 .m. at City Hall. Council Members present: Bailey, Champion, Hayek, O'Donnell, Wri ht. Absent: Correia, Wilburn. Staff members present: Lombardo, Helling, Dilkes, Karr, Craig, Lewis, Moran, Mansfield, Tharp, Foss Davidson, O'Brien, Rummel, Jenni s, Kopping, O'Malley, Boothroy, Goodman, Ro ca, Jensen, Hargadine, Wyss, and Johnson. Moved b Champion, seconded by Hayek, to adopt RES. 09-112, A RESOLUTION A HORIZING THE MAYOR TO SIGN AND AMEND A GRANT AGREEMENT (CON ACT NO. 08-DRH-210) ITH THE STATE FOR SUPPLEMENTAL CO UNITY DEVELOPMENT BLOCK GRANT FUNDS FOR DISASTER ASSISTANC .Affirmative roll vote unanimous, 5/0, Correia and Wilburn absent. Moved by Wright, seco ed by Hayek, o adjourn special meeting 5:35 p.m. The Mayor declared the motion Carrie unanimou y, 5/0, Correia and Wilburn absent. Regenia D. Bailey, Mayor Marian K. Karr, City Clerk