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HomeMy WebLinkAbout2009-05-05 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 MAY 5, 2009 Iowa City City Council regular 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, Kuecker, Miklo, Davidson, Howard, Long, Hightshoe, O'Malley, Gannon, Scott. The Mayor proclaimed: Bicycle Month -May 2009, Steve Rudin, (BIC) Bicyclists of Iowa City accepting; Tennis Month -May 2009, Greg Holm, Team Captain Men's University Tennis Team accepting; Older American's Month- May 2009, Bob Welsh, Johnson County Livable Community Policy Board accepting; Wreaths Across America Day, December 12, 2009, LeAnn and Mike Tyson, Location Leaders for Wreaths Across America accepting; Americorps Week, May 9-16, 2009, Nathan Kiese and Dan Babbi, accepting. Moved by Champion, seconded by Hayek, that the following items and recommendations in the Consent Calendar be received, approved, and/or adopted as presented: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: April 13, Special Council Work Session; April 17, Special Council Formal Official and Complete; April 20, Special Council Work Session; April 20, 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): Airport. Commission -March 12, 2009; Airport Commission -April 14, 2009; Airport Commission -April 2, 2009; Airport Commission -February 23, 2009; Airport Commission -February 12, 2009; Public Art Advisory Committee -March 5, 2009; Planning and Zoning Commission -April 2, 2009; Housing and Community Development Commission -March 26, 2009; Housing and Community Development Commission -March 12, 2009; Youth Advisory Commission -March 1, 2009; Human Rights Commission -March 24, 2009; Parks and Recreation Commission -March 11, 2009; Telecommunications Commission -February 23, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for L & M Iowa City Investments, LLC, dba Chef's Table, 223 E. Washington St. Renewal: Class C Liquor License for Jirsa's, LLC, dba Rick's Grille & Spirits, 1705 S First Ave Suite Q. Public Hearings. RES. 09-135, SETTING A PUBLIC HEARING for May 19, 2009, ON AMENDING THE FY2009 OPERATING BUDGET. Resolutions: RES. 09-136, 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 706 MILLER AVENUE, IOWA CITY, IOWA. Correspondence: JCCOG Traffic Engineering Planner regarding Establishment of a loading zone with a 15-minute limit on the east side of the 10 block of Dubuque Street from Iowa Avenue to the alley; JCCOG Traffic Engineering Planner regarding Complete Description May 5, 2009 Page 2 Installation of NO PARKING ANYTIME signs on the south side of Middlebury Road between Scott Boulevard and Westbury Drive; JCCOG Traffic Engineering Planner regarding Installation of NO PARKING CORNER TO HERE sign at the southeast corner of the Iowa AvenueNan Buren Street intersection; Ron Knoche, City Engineer regarding Competitive Quotation Results Clinton Street- Davenport Street Storm Sewer Improvements; David Downs regarding 2018/2022 FIFA World Cup Bid Campaign Venue Selection; Ashley Schlinz regarding Student housing near the University of Iowa Campus; Rod Sullivan regarding Historic District and Rancher Auditorium; Animal Care Task Force members regarding New animal shelter site. Mayor Bailey noted that Council was changing some of the parking restrictions on Dubuque Street in response to comments. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Tyler Gunn, outgoing UISG Council Liaison, presented an overview of his experiences as liaison and thanked Council for the experience. Libris Fidelis, PO Box 2146, read a statement regarding constant changes to the Council meeting schedule; requested disclosure of information regarding the termination of the City Manager; noted noise and violence in the Ped Mall on Friday and Saturday evenings; requested placement of speed bumps to entrance of parking facility near the shelter and "Yield To Pedestrian" signage; and preservation of the pedestrian walkway near the Sheraton. Moved by Wilburn, seconded by Hayek, to accept correspondence. The Mayor declared the motion carried unanimously,? /0, all Council Members present. Sally Jablonski, 2424 Catskill Ct., Homeless Overflow Task Force that is affiliated with the Consultation for Religious Communities, requesting assistance locating shelter space from November 1 through April 1. Mayor Bailey stated the matter had been discussed briefly at the work session the previous evening and Acting City Manager would be working with the group. Charlie Koenig appeared regarding a neighbor's barking dog. The Mayor and Acting City Manager will be following up on the matter. Liz Ford, Friends of the Animal Center Foundation, appeared and offered to meet with Council to begin the planning process for a new animal shelter, and would keep Council updated on their activities for sheltering animals. A public hearing was held on an ordinance rezoning approximately 23.25 acres of property located along the 400 - 500 blocks of N. Van Buren Street, the 300 - 500 blocks of N. Gilbert Street, the 300 - 700 blocks of N. Linn Street, the 200 - 300 blocks of Ronalds 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) (North side rezoning). PCD Director Davidson and Historic Preservation Planner Kuecker present for discussion. The Mayor requested Council Members disclose any ex parte communications. Individual Council Members shared communications. The following individuals appeared: John Kammermeyer, 404 E. Bloomington; Judith Pascoe, 317 Fairchild; Libris Fidelis, PO Box 2146; John Bakas, 514 N. Gilbert; Clair Sponsler, 413 N. Gilbert; Eric Gidal, 328 Brown; Will Jennings, 311 Fairchild; Rya Dunnington, 413 Church; Steve Sherman, 208 Fairchild; Christina Welu Reynolds, 619 Brown; Dana Thomann, 208 Fairchild; Julianna Tymaczko Poe, 416 N. Linn; Marshall Poe, 416 N. Linn; Susan Futrell, 311 Fairchild; Deanna Thomann, Complete Description May 5, 2009 Page 3 208 Fairchild; Nathaniel Gavronsky, 604 Bowery; Helen Burford, 528 E. College; Jean Walker, 335 Lucon; Walter Kopsa, 320-324 E. Davenport; Chris Rush, 612 S. Johnson; Nicole Slabach; William Lake, 404 and 404'/2 E. Davenport; Tom Scott, 419 Fairchild; Chris Vinson Haler, 715 E. Market; Jeff Clark; Ginalie Swaim, 1024 Woodlawn; Lindsay Bunting Eubanks, Historic Preservation Chair, 1618 Aber; Christine Denburg, 1011 Woodlawn; Missy Molliston, 825 Gilbert; Jeff Schabilion, 431 Rundell; Perry Howell, 317 Fairchild; and Tom Kane, 615 and 620 Linn. Moved by Wilburn, seconded by Wright, to accept correspondence from Paula Mohr and Ralph Christian, Jesse Singerman, Susanna Strode, Susan Futrell, Gina Hawknecht and Matthew Brown (2), H.J. Pedelty, Wendy Deutelbaum and Dee Morris, Beverly Blasingame (2), Peter and Michelle Ammentorp, John Bakas, Jesse Singerman and Flora Cassiliano, Mary Knudson, Adalaide Morris, Paul and Cynthia Broderick, Carl Klaus, Wally Plahutnik, Stephen Smith, Niki Neems, Marybeth Slonneger, Catherine Wilcox, Judy Pohl, Chris Harms, Tom Baldridge, David Wieseneck, Jane Murphy and Mark Brookfield, Jeff Porter and Claire Sponsler, Eric Gidal, Victoria Sharp, Meredith Sewell, Wendy Deutelbaum, Timothy Shipe, Michael Feiss and Cathy Cole, Barby Buss, Victoria Walton, Claire Sponsler, and (42) Protest of Rezoning signatures. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Champion, that the ordinance rezoning approximately 23.25 acres of property located along the 400 - 500 blocks of N. Van Buren Street, the 300 - 500 blocks of N. Gilbert Street, the 300 - 700 blocks of N. Linn Street, the 200 - 300 blocks of Ronalds 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) (North side), be given first vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Bailey, Champion, Correia, Hayek, Wilburn, Wright. Nays: O'Donnell. Absent: None. A public hearing was held 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 Drinking Establishments throughout the City and for Alcohol-Sales Oriented Retail Uses in the Central Business Service (CB-2), Central Business Support (CB-5), and Central Business (CB-10) Zones. Urban Planner Howard present for discussion. The following individuals appeared: Nathaniel Gavronsky, 604 Bowery; Sarah Hansen, University of Iowa Student Health Services, 711 Kimball; Dana Figlock, 2551 Holiday Rd.; Peter Nathan, University Emeritus Professor, 248 Blacksprings Circle; Greg Pelc; Libris Fidelis, PO Box 2146; and Will Jennings, 311 Fairchild. Moved by Wilburn, seconded by Hayek, to accept correspondence from Niki Neems. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Wright, that the 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 Drinking Establishments throughout the City and for Alcohol-Sales Oriented Retail Uses in the Central Business Service (CB-2), Central Business Support (CB-5), and Central Business Complete Description May 5, 2009 Page 4 (CB-10) Zones, be given first vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Champion, Correia, Wilburn, Wright, Bailey. Nays: Hayek, O'Donnell. Absent: None. Moved by Wilburn, seconded by O'Donnell, that ORD. 09-4336, 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 passed and adopted. Robert Hegeman, 44 Tucson Place, appeared. The Mayor declared ordinance adopted, 5/2, with the following division of roll call vote. Ayes: Champion, Hayek, O'Donnell, Wilburn, Bailey. Nays: Wright, Correia. Moved by O'Donnell, seconded by Wright, to accept correspondence from Robert Hegeman, Mike Barber, Larry Jewell and (17) Protest of Rezoning signatures. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Champion, to adopt RES. 09-137, APPROVING THE PRELIMINARY PLAT OF COUNTRY CLUB ESTATES PARTS 3-7, IOWA CITY, IOWA (SUB09-00010). The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote. Ayes: Hayek, O'Donnell, Wilburn, Bailey, Champion. Nays: Correia, Wright. A public hearing was held on a resolution adopting Iowa City's FY10 Annual Action Plan and FY09 Annual Action Plan Amendment, which are sub-parts of Iowa City's 2006- 2010Consolidated Plan (City Steps), and authorizing the City Manager to submit said plan and amendment and all necessary certifications to the U.S. Department of Housing and Urban Development, and designating the City Manager as the authorized Chief Executive Officer. Community Development Planner Hightshoe present for discussion. Council Member Champion left the room due to a conflict of interest. Moved by O'Donnell, seconded by Wright, to adopt RES. 09-138, ADOPTING IOWA CITY'S FY10 ANNUAL ACTION PLAN AND FY09 ANNUAL ACTION PLAN AMENDMENT, WHICH ARE SUB-PARTS OF IOWA CITY'S 2006-2010 CONSOLIDATED PLAN (CITY STEPS), AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND AMENDMENT AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER. Affirmative roll call vote unanimous, 6/0, Champion abstaining. The Mayor declared the resolution adopted. Council Member Champion returned to the meeting. A public hearing was held on a resolution instituting proceedings to take additional action for the authorization of a loan agreement and the issuance of not to exceed $4,995,000 General Obligation Capital Loan Notes. No one appeared. The Mayor declared the public hearing closed. Moved by Hayek, seconded by O'Donnell, to adopt RES. 09-139, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $4,995,000 GENERAL OBLIGATION CAPITAL LOAN NOTES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description May 5, 2009 Page 5 A public hearing was held on a resolution instituting proceedings to take additional action for the authorization of a loan agreement and the issuance of not to exceed $6,500,000 General Obligation Refunding Capital Loan Notes, Series 2009E. No one appeared. The Mayor declared the public hearing closed. Moved by Hayek, seconded by Wright, to adopt RES. 09-140, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $6,500,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2009E. 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 instituting proceedings to take additional action for the authorization of a loan agreement and the issuance of not to exceed $700,000 General Obligation Capital Loan Notes. No one appeared. The Mayor declared the public hearing closed. Moved by Champion, seconded by O'Donnell, to adopt RES. 09-141, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION CAPITAL LOAN NOTES. 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 instituting proceedings to take additional action for the authorization of a loan agreement and the issuance of not to exceed $680,000 General Obligation Capital Loan Notes. No one appeared. The Mayor declared the public hearing closed. Moved by Wright, seconded by O'Donnell, to adopt RES. 09-142, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $680,000 GENERAL OBLIGATION CAPITAL LOAN NOTES. 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 instituting proceedings to take additional action for the authorization of a loan agreement and the issuance of not to exceed $360,000 General Obligation Capital Loan Notes. No one appeared. The Mayor declared the public hearing closed. Moved by O'Donnell, seconded by Champion, to adopt RES. 09-143, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $360,000 GENERAL OBLIGATION CAPITAL LOAN NOTES. 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 instituting proceedings to take additional action for the authorization of a loan agreement and the issuance of not to exceed $510,000 General Obligation Capital Loan Notes. No one appeared. The Mayor declared the public hearing closed. Moved by Champion, seconded by Wright, to adopt RES. 09-144, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $510,000 GENERAL Complete Description May 5, 2009 Page 6 OBLIGATION CAPITAL LOAN NOTES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Champion to consider Items 13 - 16 at this time. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to adopt RES. 09-145, DIRECTING SALE OF $6,685,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2009C; to adopt RES. 09-146, DIRECTING SALE OF $505,000 TAXABLE GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2009D; to adopt RES. 09-147, DIRECTING SALE OF $6,135,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2009E; to adopt RES. 09-148, AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2001, DATED JUNE 15, 2001 OF THE CITY OF IOWA CITY, IOWA, AND DIRECTING NOTICE BE GIVEN. Finance Director O'Malley present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolutions adopted. 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. 09-4337, 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 voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by 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. Moved by Champion, seconded by Wilburn, that ORD. 09-4338, 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 passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wright, seconded by O'Donnell, that ORD. 09-4339, 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 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 Wilburn, to adopt RES. 09-149, AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST TO AN AGREEMENT TO LEND ANISTON VILLAGE LIMITED PARTNERSHIP $282,000 TO PURCHASE LAND TO CONSTRUCT AFFORDABLE RENTAL HOUSING. 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. 09-150, APPROVING AN AGREEMENT TO PURCHASE 612 NORMANDY DRIVE WITH A STATE COMMUNITY Complete Description May 5, 2009 Page 7 DISASTER GRANT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Wright, to adopt RES. 09-151, APPROVING AN AGREEMENT TO PURCHASE 105 TAFT SPEEDWAY WITH A STATE COMMUNITY DISASTER GRANT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Hayek, to adopt RES. 09-152, APPROVING THE ACCEPTANCE OF THE DEDICATION OF A 0.28 ACRE PARCEL OF LAND ON AUDITOR'S PARCELS 2008005 AND 2008004, SOUTHEAST OF DODGE STREET COURT IN IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC RIGHT-OF-WAY. 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. 09-153, AWARDING CONTRACT to Terrell Construction, Inc. for $ 110,750.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2009 WATER MAIN DIRECTIONAL BORING PROJECT. 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. 09-154, AWARDING CONTRACT to Feldman Concrete for $ 90,072.50 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2009 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by O'Donnell, to adopt RES. 09-155, REJECTING BIDS RECEIVED ON APRIL 28, 2009 FOR THE BURLINGTON STREET PEDESTRIAN BRIDGE REHABILITATION PROJECT, AND SETTING A NEW DATE of May 19, 2009 FOR RECEIPT OF BIDS FOR THE REBIDDING OF THE BURLINGTON STREET PEDESTRIAN BRIDGE REHABILITATION PROJECT, 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 Wilburn, seconded by Hayek, to adopt RES. 09-156, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE 420T" STREET CORRIDOR IMPROVEMENTS PROJECT RM-3715(645)--9D-52. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. r Moved by Hayek, seconded by O'Donnell, to adopt RES. 09-157, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FEBRUARY 10, 2009 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND FOTH INFRASTRUCTURE AND ENVIRONMENTAL, L.L.C. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE 420T" STREET CORRIDOR IMPROVEMENTS. PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Hayek, to adopt RES. 09-158, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE OLD HIGHWAY 218 Complete Description May 5, 2009 Page 8 RESURFACING PROJECT ESL- 3715(643)--7S-52. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Wright, to adopt RES. 09-159, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SECOND AMENDMENT TO THE NOVEMBER 5T", 2007 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY SANITARY LANDFILL. 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. 09-160, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SECOND AMENDMENT TO THE MAY 1, 2007 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR LANDFILL GAS, AIR AND WATER QUALITY MONITORING AT THE IOWA CITY SANITARY LANDFILL. 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. 09-161, AUTHORIZING THE CITY MANAGER TO EXECUTEALL DOCUMENTS NECESSARY TO ACQUIRE PROPERTIES THROUGH THE HAZARD MITIGATION GRANT PROGRAM. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Champion, to approve the appointment of Student Liaison Jeff Shipley and alternate Andrew Rausch from the University of Iowa Government (UISG) to the City Council May 1, 2009 until May 1, 2010. Outgoing UISG Liaison Tyler Gunn and incoming Liaison Jeff Shipley appeared. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Wilburn, to adopt RES. 09-162, APPROVING THE APPOINTMENT OF DALE HEELING AS INTERIM CITY MANAGER FOR THE CITY OF IOWA CITY. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Wilburn, to adopt RES. 09-163, AUTHORIZING THE CITY MANAGER TO SIGN A FARM LEASE AND SECURITY AGREEMENT BETWEEN THE CITY OF IOWA CITY AND PHILLIP PRYBIL FOR 103 ACRES LOCATED NORTH AND SOUTH OF 420th STREET BETWEEN SCOTT BOULEVARD AND TAFT AVENUE, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies on 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 a six-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 Commission to fill atwo-year term for Tate High January 1, 2009 -December 31, 2010. Complete Description May 5, 2009 Page 9 Applications must be received by 5:00 p.m., Wednesday, May 13, 2009; 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.] Council Member O'Donnell thanked outgoing UISG Liaison Tyler Gunn for his service and wished him well; and reported he had heard that the sales tax had passed in Iowa City. Council Member Hayek thanked outgoing UISG Liaison Gunn. Council Member Correia reported on the free tax clinics held throughout Johnson County and reported over 954 returns filed and $1.2 million in federal tax refunds returned back to residents of Johnson County. Council Member Wilburn thanked citizens who voted "yes" to the sales tax. Council Member Wright reminded everyone of activities surrounding "Bike to Work Week", May 10-15, and encouraged community participation. Mayor Bailey thanked outgoing UISG Liaison Gunn and welcomed new Liaison Shipley; and stated she would be reporting on passenger rail service and a recent ride at an upcoming meeting. Moved by Wilburn, seconded by Hayek to adjourn 11:35 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members Mari K. Karr, City Clerk r ~:~,,,®~ C I T Y O F i 4 V'VA ~ i T Y 3a(1) ~E Date: April 28, 2009 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, April 13, 2009, 5:35 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia (arrived 5:40), Hayek, O'Donnell, Wilburn, Wright UISG: Gunn Staff: Lombardo, Helling, Dilkes, Karr, Lewis, O'Malley, Mansfield, Craig, Moran, Tharp, Fosse, Davidson, O'Brien, Rummel, Jennings, Kopping, Boothroy, Goodman, Rocca, Jensen, Hargadine, Wyss, Johnson (A complete transcription is available in the City Clerk's Office) PRIORITY SETTING City Manager Lombardo facilitated discussion. Finance Director O'Malley and various department head present. Hand Outs -Page 35 missing from IP11 April 9 hard copy printed packets After discussion the Council directed staff to: - Review current fee structure for discussion in mid-May - Continue to explore stimulus bill and funding for Fire Station # 4 and police needs - Each department prepare scenarios of possible cuts in services (including information on where citizens might be able to acquire a similar service) for review by the City Manager - City Manager to compile departmental data and make recommendations to Council 1) whether mandated by the state or federal government Meeting adjourned 7:20 PM. 3a 2 The cost of publishing the following proceedings and claims is $ Cumulative cost of this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 4/17/09 Iowa City Council special meeting, 4:00 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: None. Moved and seconded to adjourn to executive session to evaluate the profes- sional competency of individuals whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to those individuals' reputations and those individuals requested a closed session. The Mayor declared the motion carried. Moved and seconded to adopt RES. 09-113, TERMINATING THE EMPLOY- MENT OF CITY MANAGER MICHAEL LOMBARDO. Moved and seconded to adjourn special meeting 4:48 p.m. The Mayor declared the motion carried. A more complete description of Council Activiti is on file in the office of the City Clerk. C ~l s/Regenia D. Bailey, Mayor QU/J s/Marian K. Karr, City Clerk -, Submit ~p lication - 4/ 1 /09. r 3a 3 ~`~®~,~ CITY OF [4V~lA~ CITY ~E~~RA~ -^c.~.._ Date: April 20, 2009 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, April 20, 2009, 6:00 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright Staff: Helling, Dilkes, Karr, Ackerson, O'Brien, Yapp, Ralston (A complete transcription is available in the City Clerk's Office and the City website) METRO BICYCLE MASTER PLAN [reference IP2 of 4/9 Information Packet] Assistant Transportation Planner Ackerson reviewed the history of the 2007 City application for the Bicycle Friendly Community designation and presented a power point (on file) on a regional bicycle plan with all JCCOG entities participating. STAFF ACTION: Proceed with JCCOG Transportation Technical Advisory Committee in late summer and to Council for adoption shortly there after. (Ackerson) AGENDA ITEMS 1. (Consent Calendar item # 5 g(2) -Correspondence re Iowa City Community School facility plan) In response to Council Member Correia, Acting City Manager Helling stated he was not aware of any role the City plays in approving or denying the School District tax levy. 2. (Agenda item # 10 -resolution authorizing the filing an application ... FY2010 Iowa DOT of Transportation State Transit Assistance ... funding) In response to Council Member Correia, Transportation Director O'Brien stated he would follow up on JARC regulations concerning transportation of Iowa City residents outside of the City limits for work purposes. 3. (Agenda item # 12 -Ordinance ... Title 10 ... commercial use of sidewalks) In response to Council Member Correia, Acting City Manager Helling stated that amplified music downtown on the sidewalk over noon hour would require a separate permit. 4. (Agenda item # 7 d - letter to Johnson County ... recommending ... rezoning ,,, is approved) In response to Council Member Hayek, PCD Director Davidson outlined the common practice for such requests. City Atty. Dilkes stated specific questions regarding the rezoning should be done at the formal meeting. 5. (Agenda item # 17 -Resolution authorizing ... application and administration ... Edward Byrne Memorial Justice Assistance Grant (JAG) Program awards) Acting City Manager Helling stated Capt Wyss would be at the formal meeting to answer questions. 6. (Agenda item # 9 -Resolution approving ... Housing Authority Annual Plan ...) In response to Council Member Correia's question regarding a review by the HCDC, Acting City Council Work Session April 20, 2009 Page 2 Manager Helling reported that Housing Coordinator Rackis would be attending the formal meeting. 7. (Consent Calendar item # 5g (10) -Correspondence from Sunil Gulati re World Cup Soccer Tournament) In response to Mayor Bailey and Council Member Hayek, Acting City Manager will contract the Convention and Visitors Bureau regarding the request. 8. (Agenda item # 10 -resolution authorizing the filing an application ... FY2010 Iowa DOT of Transportation State Transit Assistance ... funding) In response to Council Member Wright, City Clerk Karr stated the resolution had been revised to include the City Manager's position rather than proper name. 9. (Consent Calendar item # 5 g(15) -Correspondence regarding North Linn Street repair) In response to Council Member Hayek, Mayor Bailey reported she had talked to Economic Development Coordinator Ford regarding this matter, and Ford will be following up with residents. PCD Director Davidson reviewed previous discussions related to a lighting request in the neighborhood. INFORMATION PACKET DISCUSSION [4/9 &4/16] 1. (IP6 of April 16 Information Packet -Flood Recovery Update, Use of Jumpstart State # 2 funds) PCD Director Davidson present for discussion. Majority agreed to proceed with opening up funding opportunities to non-basic systems as outlined in the memo. 2. (IP7 of April 16 Information Packet - AARP Meeting Sites) In response to Council Member Correia, Acting City Manager Helling stated additional information was distributed that evening on the matter. City Atty. Dilkes suggested that the matter be scheduled for a future work session after Council had time to review the information distributed. Majority agreed to schedule for May 4 work session. COUNCIL TIME 1. Mayor Bailey noted a hand out distributed that evening regarding Governor Culver being in town for a bill signing at 12:30 on April 21, and she was unable to attend. Council Members Champion, Wright and Wilburn stated they would be able to attend. 2. Council Member Champion requested Council discuss downtown parking (Dubuque Street) and loading zone problems. Majority agreed to discuss at May 4 work session. 3. Council Member Wright requested that Council schedule discussion of allowing chickens within the City limits at a future work session, and stated he was hoping to have some information from the Animal Services Supervisor at that time. Staff will follow up. 4. Council Member Correia distributed an article: Keeping Public Housing Safe". 5. Council Member Wright questioned the status of his earlier request on community crime statistics. Acting City Manager Helling stated the Police Chief was compiling the information and it should be available shortly. 6. Council Member Hayek announced Law Day activities planned for April 30 at the Johnson County Court House. Council Work Session April 20, 2009 Page 3 7. City Atty. Dilkes noted the memo from her office regarding a records request, and stated another request will be distributed soon. SCHEDULE OF PENDING DISCUSSION ITEMS None UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS None DISCUSSION OF MEETING SCHEDULE None Meeting adjourned 6:40 PM. 3a 4 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost of this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 4/20/09 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. 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 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: 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., 441 S. Gilbert St.; Class C Liquor License for Deadwood, 6 S. Dubuque St.; Outdoor Service Area for Deadwood, 6 S. Dubuque St.; Class C Beer Permit for Gasby's #1, 1310 S. Gilbert St.; Class C Beer Permit for Gasby's #4, 2303 Muscatine Ave.; Class E Liquor License for Liquor House, 425 S. Gilbert St.; Class C Liquor License for Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St.; Outdoor Service Area for Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St.; Class A Liquor License for Loyal Order of Moose Lodge #1096, 3151 Hwy 6 E. RES. 09-114, TO ISSUE DANCE PERMIT for 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. 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 Official Actions April 20, 2009 Page 2 Plan (a.k.a. City Steps) and an amendment to the FY09 Annual Action Plan; RES. 09- 115, FIXING DATE 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 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 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 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 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 AGREEMENT WITH PUBLIC ACCESS TELEVISION, INC.; RES. 09-125, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO Official Actions April 20, 2009 Page 3 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. 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 and seconded 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. Moved and seconded 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. Moved and seconded 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 from Low Density Single-Family Residential to Planned Development Overlay Low Density Single-Family Residential (OPD-5) (RES08-00011), be given second vote. The Mayor declared the motion carried. Moved and seconded to accept correspondence from: Larry Jewell, Judy Tokuhisa, and Robert Hegeman. The Mayor declared the motion carried. Moved and seconded to send a letter to the Johnson County Board of Supervisors recommending approval with conditions of a rezoning from County Agriculture (A) to County Official Actions April 20, 2009 Page 4 Residential (R) Zone for 39.92 acres located east of Buchmayer Bend NE and west of Hwy 1 NE (CZ09-00002). Glen Meisner, MMS Consultants, appeared. The Mayor declared the motion carried. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 09- 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 declared the motion carried. 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 420th Street Corridor Improvements - Sanitary Sewer and Roadway Project. Moved and seconded 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. A public hearing was held on a resolution approving the Iowa City Housing Authority's Annual Plan for fiscal year 2009. The following individuals appeared: Charlie Eastham, President of the Housing Fellowship; and Alyss Philpot, Moved and seconded to adopt RES. 09-127, APPROVING THE IOWA CITY HOUSING AUTHORITY'S ANNUAL PLAN FOR FISCAL YEAR 2009. 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. Moved and seconded 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. 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. Moved and seconded 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. Moved and seconded 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. The Mayor declared the motion carried. Official Actions April 20, 2009 Page 5 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, 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. The Mayor declared the motion carried. 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 second vote. The Mayor declared the motion carried. Moved and seconded to adopt RES. 09-130, APPROVING A REVISED DEER MANAGEMENT PLAN AND RESCINDING RESOLUTION NO. 08-122. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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 Official Actions April 20, 2009 Page 6 REFUNDING CAPITOL LOAN NOTES, SERIES 20096, OF THE CITY OF IOWA CITY, IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF THE NOTES. 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 a five-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 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 and seconded to accept correspondence from Ned Wood. The Mayor declared the motion carried. Moved and seconded to adjourn 8:25 p.m. The Mayor declared the motion carried. A more complete description of Council activities and disbursements is on file in the office of the City Clerk and Finance epartmen . s/Regenia D. Bailey, Mayor r s/Marian K. Karr, Ci/t~' Clerk Submitted for publication - 4/29/0 . COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES APRIL 17, 2009 Iowa City Council special meeting, 4:00 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: None. Staff present: Dilkes, Lombardo, Karr. Moved by Correia, seconded by O'Donnell, to adjourn to executive session to evaluate the professional competency of individuals whose appointment, hiring, per- formance or discharge is being considered when necessary to prevent needless and ir- reparable injury to those individuals' reputations and those individuals requested a closed session. (City Manager Evaluation). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 4:02 p.m. Council returned to open session 4:45 p.m. Moved by Wright, seconded by O'Donnell, to adopt RES. 09-113, TERMINAT- ING THE EMPLOYMENT OF CITY MANAGER MICHAEL LOMBARDO. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolu- tion adopted. Moved by Wilburn, seconded by Hayek, to adjourn special meeting 4:48 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 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 parte 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 420th 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 present. Regenia D. Bailey, Mayor Marian K. Karr, City Clerk