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HomeMy WebLinkAbout2009-06-30 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 JUNE 30, 2009 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Hayek, O'Donnell, Wilburn, Wright. Absent: Correia. Staff members present: Helling, Dilkes, Karr, Bollinger, Ream, Gannon, Scott. Moved by Wright, seconded by Champion, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: June 15, Regular Council Work Session; June 15, Special Council Formal Official and Complete; June 16, Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Public Art Advisory Committee -April 2, 2009; Human Rights Commission -May 19, 2009; Planning and Zoning Commission -May 21, 2009; Telecommunications Commission - April 27, 2009; Animal Care Task Force -May 26, 2009; Historic Preservation Commission -May 28, 2009; Board of Adjustment -May 13, 2009; Telecommunications Commission -June 1, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Beer Permit for WEMCOR, LLC, dba La Reyna Grocery Store , 1937 Keokuk St.; Renewal: Class C Liquor License for Roy L Chopek/Walter L "Bud" Ott, American Legion Post #17, dba American Legion ,Roy L Chopek Post #17, 3016 Muscatine Ave.; Class C Liquor License for Iowa City Aerie # 695 Fraternal Order of Eagles dba Fraternal Order of Eagles #695, 225 Hwy 1 West; Special Class C Liquor License for D & E Restaurant, Inc., dba Z'Mariks Noodle Cafe, 19 S. Dubuque St. Motions: Approve disbursements in the amount of $9,152,260.87 for the period of May 1 through May 31, 2009, as recommended by the Finance Director subject to audit. Public Hearings: Set a public hearing for July 28, 2009 to consider extending a lease with Merschman Seeds, Inc. for an accessway from Mormon Trek Blvd. to the Airport. Resolutions: RES. 09-213, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SECOND, THREE -MONTH EXTENSION OF THE AGREEMENT WITH PUBLIC ACCESS TELEVISION, INC.; RES. 09-214, 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 415 NORTH GOVERNOR, IOWA CITY, IOWA; RES. 09-215, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OFIOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 2230 HICKORY COURT, IOWA CITY, IOWA. RES. 09-216, AUTHORIZING THE Complete Description June 30, 2009 Page 2 MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OFIOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 800 EASTMOOR DRIVE, IOWA CITY, IOWA; RES. 09-217, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2442 ASTER AVENUE, IOWA CITY, IOWA; RES. 09-218, ACCEPTING THE WORK FOR THE SANITARY SEWER RELOCATION FOR STAPLES, ADDRESSED 820 S. RIVERSIDE DRIVE. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of on-street metered parking spaces and establishment of parking meter terms on the north side of the 100 block of Wright Street; Matthew Pacha regarding Recommendation to name Sand Lake Park in honor of Terry Trueblood; Dennis Roseman regarding FBI infiltration; Mark Kline regarding Fairmeadow Park Shelter [staff response included]; Christopher K. regarding Gay & Ciha Funeral Services; Joyce Barker(X2) regarding Sex offender law [staff response included X2]; Rachel Corrigan regarding Oakland Cemetery grave decoration policies; Karen Moser regarding Sidewalk clearing and maintenance; Ina Loewenberg, June Braverman, regarding Senior Center; Liz Ford regarding Animal Center cooling system [staff response included]. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the motion carried. Stacey Driscoll, 735 Alpine Drive, rep. IC Friends of Urban Chickens, presented a petition signed by over 600 individuals requesting a change in the City ordinance to allow up to 5 hens, no roosters, in the backyards of residentially zoned areas. Moved by Wilburn, seconded by Hayek, to accept the petition. The Mayor declared the motion carried unanimously,6/0, Correia absent. Information from staff on the request is scheduled for late July. Moved by Champion, seconded by O'Donnell, that the ordinance amending Title 14, zoning, adding a Business Services Land Use Category, modifying the street width standards for institutional uses in residential zones, and clarifying applicable regulations to and allow minor modifications to site development standards in the Public Zone, be given second vote. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the motion carried. Moved by Champion, seconded by O'Donnell, to send a letter to the Johnson County Board of Adjustment recommending approval of a conditional use permit for a temporary pavement recycling facility at Lot 3 Sharpless Subdivision. The Mayor declared the motion carried unanimously, 6/0, Correia absent. A public hearing was held on a resolution approving a purchase agreement and authorizing the conveyance of Lot 1, North Airport Development, Part Two, to the University of Iowa. No one appeared. Moved by Champion, seconded by Wright, to adopt RES. 09-219, APPROVING A PURCHASE AGREEMENT AND AUTHORIZING THE CONVEYANCE OF LOT 1, NORTH AIRPORT DEVELOPMENT, PART TWO, TO THE UNIVERSITY OF IOWA. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the resolution adopted. Complete Description June 30, 2009 Page 3 A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the 2009 Durable Pavement Marking 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. 09-220, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2009 DURABLE PAVEMENT MARKING 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, 6/0, Correia absent. The Mayor declared the resolution adopted. Moved by Wright, seconded Hayek, that the ordinance amending Title 6 "Public Health and Safety" to amend the restricted garbage dumpster pick-up hours after 10 p.m. and before 7 a.m., be given first vote. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the motion carried. Interim City Manager reported that the matter related to snow removal noise would be discussed at a later time; response to Candace Barnhill regarding Refuse Parking noted. Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 09-4350, AMENDING TITLE 1, ADMINISTRATION, CHAPTER 4, GENERAL PENALTY, SECTION 1, VIOLATIONS; CRIMINAL PENALTY, AND TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 9, VIOLATION OF VARIOUS CODE SECTIONS, be voted on for final passage at this time. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the motion carried. Moved by Wilburn, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by O'Donnell, 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. 09-4351, AMENDING TITLE 1, CHAPTER 9, SECTION 3,ENTITLED "ELECTION PRECINCTS" OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA BY AMENDING THE BOUNDARY OF VOTING PRECINCT 12 TO REFLECT A BOUNDARY CHANGE TO THE CORPORATE LIMITS OF IOWA CITY, be voted on for final passage at this time. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the motion carried. Moved by Wilburn, seconded by O'Donnell, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by Hayek, to adopt RES. 09-221, APPROVING DISTRIBUTION OF THE "PROGRAM FOR IMPROVING NEIGHBORHOODS" (PIN) GRANT FUNDS. The following individuals appeared: Chris Harms, Neighborhood Council and Grant Wood Neighborhood; Jeff Schabilion., Longfellow Neighborhood; Garry Klein and Maggie McKnight, Creekside Neighborhood; and Mary Knutson, Miller Orchard Neighborhood. Complete Description June 30, 2009 Page 4 Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Wright, to accept correspondence from Jean Walker. The Mayor declared the motion carried unanimously, 6/0, Correia absent. Moved by Wilburn, seconded by Hayek, to adopt RES. 09-222, AUTHORIZING APPLICATIONS FOR FUNDING ASSISTANCE FOR STATE RECREATION TRAILS PROGRAM (SRT) PROJECTS TO THE IOWA DEPARTMENT OF TRANSPORTATION (IDOT), FOR DEVELOPMENT OF RECREATION TRAILS. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Hayek, to adopt RES. 09-223, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY DOGPAC FOR JOINT MAINTENANCE OF AND SHARING REVENUES GENERATED FROM THE THORNBERRY OFF-LEASH DOG PARK. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the resolution adopted. Moved by Wright, seconded by O'Donnell, to adopt RES. 09-224, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2009 PCC PAVEMENT PATCHING PROJECT to All American Concrete, Inc. for $239,250.00. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the resolution adopted. Moved by Champion, seconded by Hayek, to adopt RES. 09-225, APPROVING A CONTRACT CHANGE ORDER FOR THE CONSTRUCTION OF THE BURLINGTON STREET PEDESTRIAN BRIDGE REHABILITATION PROJECT, TO ADD THE ALTERNATE BID (NEW HANDRAIL) BY CHANGE ORDER. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by O'Donnell, to accept correspondence from Jean Walker. The Mayor declared the motion carried unanimously, 6/0, Correia absent. Moved by Wilburn, seconded by Hayek, to adopt RES. 09-226, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FEBRUARY 10, 2009 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE NORTH DODGE STREET PEDESTRIAN BRIDGE OVER INTERSTATE 80 PROJECT. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the resolution adopted. Moved by Hayek, seconded by Wilburn, to adopt RES. 09-227, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MMS CONSULTANTS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA RIVER LEVEE - CRANDIC RR TO McCOLLISTER BOULEVARD PROJECT. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the resolution adopted. Moved by Wright, seconded by Champion, to adopt RES. 09-228, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA, FOR THE APPLICATION AND ADMINISTRATION OF ANY AWARDED EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARDS. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the resolution adopted. Complete Description June 30, 2009 Page 5 Moved by Champion, seconded by Wright, to adopt RES. 09-229, ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. The following individuals appeared: Yasser EI-hattab, 1910 Kathlin Drive; Lois Hughes, 877 Normandy Drive; Charlotte Jane King, 1910 Kathlin Drive; and Ayat Ismail, 1910 Kathlin Drive. Code Enforcement Asst. Jann Ream also present. Individual Council Members expressed their views. Moved by O'Donnell, seconded by Champion, to remove the debris removal assessment at 877 Normandy Drive, from the assessment schedule. The Mayor declared the motion defeated, 2/4, with the following voice vote: Ayes: O'Donnell, Champion. Nays: Hayek, Wilburn, Bailey, Wright. Absent: Correia. The Mayor declared the resolution adopted, 4/2/1, with the following division of roll call vote: Ayes: Hayek, Wilburn, Wright, Bailey. Nays: Champion, O'Donnell. Absent: Correia. Moved by Wilburn, seconded by Hayek, to accept correspondence from Rachel Selden, Heather DeBord, Julia Wilson, C. Jane King, Ayat Ismail, and Lois Hughes. The Mayor declared the motion carried unanimously, 6/0, Correia absent. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 09-230, ON UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2010 FOR THE CITY ATTORNEY AND CITY CLERK. Affirmative roll call vote unanimous, 6/0, Correia absent. 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 asix-year term January 1, 2006 -December 31, 2011; Appeals, Board of to fill afive-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Youth Advisory Commission to fill atwo-year term for (1) person for Tate High for January 1, 2009 -December 31, 2010. Applications must be received by 5:00 p.m., Wednesday, July 22, 2009. Moved by Wright, seconded by Champion, to re-appoint Matt Hayek, to the Iowa City/Coralville Convention & Visitors Bureau for a one year term July 1, 2009 -July 1, 2010. The Mayor declared the motion carried unanimously, 6/0, Correia absent. Moved by Hayek, seconded by Champion, to make the following appointments to Boards and Commissions: David McMahon, 425 Rundell Street, to the Historic Preservation Commission for a Longfellow Representative to fill an unexpired term ending March 29, 2011; Re-appoint Linzee Kull McCray, 534 Clark Street, and Thomas Dean, 3223 Shamrock Drive, to the Library, Board of Trustees for six-year terms July 1, 2009 -July 1, 2015; Saul Mekies, 2151 Abbey Lane, to the Telecommunications Commission ending March 13, 2012. The Mayor declared the motion carried unanimously, 6/0, Correia absent. 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 that no applications were received for one Library Board of Trustees appointment for asix-year term July 1, 2009 -July 1, 2015, and will be readvertised. Complete Description June 30, 2009 Page 6 Council Member Wright reminded everyone of the upcoming Jazz Festival week-end. Council Member Champion also noted the fireworks scheduled downtown Saturday evening, July 4th; and reminded everyone of the Shelter House groundbreaking scheduled for July 1. Mayor Pro tem O'Donnell acknowledged the incentive program for first time homeowners, and stated it was a privilege to be asked to be involved. Council Member Wilburn reported the Council has received a unanimous recommendation fort he Parks & Recreation Commission and the Parks & Recreation Foundation to name the Sand Lake Park after current Parks & Recreation Director Terry Trueblood, and stated Council does intend to proceed with the naming opportunity. Mayor Bailey also acknowledged Jazz Festival Week-end and the Shelter House groundbreaking. City Atty. Dilkes reported that the City had closed on eight flood impacted properties. Moved by Hayek, seconded by Champion, to adjourn 8:10 p.m. The Mayor declared the motion carried unanimously, 6/0, Correia absent. titi~ Ma ' K. Karr, City Clerk Re is D. Bailey, Ma 06-30-09 r 2a 1 ~~~,.®~~ CITY OF IOV1lA CITY ~, ~~ ~D~1M E~~JRA Date: June 15, 2009 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, June 15, 2009, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion. Correia (6:40), Hayek, O'Donnell, Wilburn, Wright UISG Rep: Shipley Staff: Helling, Dilkes, Karr, Davidson, Yapp, Ford, Elias, Ackerson, Bollinger (A complete transcription is available in the City Clerk's Office and the City website) PLANNING AND ZONING ITEMS PCD Director Davidson presented information on the following item: AMENDING TITLE 14, ZONING, ADDING A BUSINESS SERVICES LAND USE CATEGORY, MODIFYING THE STREET WIDTH STANDARDS FOR INSTITUTIONAL USES IN RESIDENTIAL ZONES, AND CLARIFYING APPLICABLE REGULATIONS TO AND ALLOW MINOR MODIFICATIONS TO SITE DEVELOPMENT STANDARDS IN THE PUBLIC ZONE. COUNCIL APPOINTMENTS Airport Zoning Brd of Adjustment - No applicants, re-advertise Airport Zoning Brd of Adjustment - No applicants, re-advertise Airport Zoning Commission - No applicants, re-advertise Board of Adjustment - appoint Will Jennings Board of Appeals - No applicants, re-advertise Youth Advisory Commission - No applicants, re-advertise AGENDA ITEMS 1. (Consent Calendar # 4c(1) -six month license ... Los Cocos ...) Council Member Wright requested the item be removed from the Consent Calendar and considered separately; and requested that the Police Chief be present. Majority agreed. 2. (Consent Calendar # 4d (1) -setting public hearing ... North Airport Development Subdivision) Council Member Hayek shared original concerns about the proposal and taking the parcel off the tax rolls but noted it was a small parcel and stated it did make sense. 3. (Agenda item # 26 -resolution amending the budgeted positions ... Cable Television ... increasing ... Cable TV Administrator to one (1) FTE) In response to Council Member Wright, Interim City Manager Helling stated the position had been three fourths time for over 15 years at the request of the then Administrator, and that Administrator was now retiring. Helling recommended the position be full time and stated other adjustments will be occurring to other positions in the next fiscal year as well. Council Work Session June 15, 2009 Page 2 4. (Agenda items # 14 thru # 20 -ordinances re parking) In response to Council Member Correia, Mayor Bailey suggested that item # 14, second consideration be waived, and the ordinance adopted; and items # 15 thru # 20 be combined and considered as a block, second consideration waived, and ordinances adopted. City Clerk Karr noted staff wished to have the rates in place by July 1. Majority agreed. Council Member Correia noted the correspondence regarding better signage. JCCOG Ex. Dir. Yapp, PCD Dir. Davidson, and Interim City Manger Helling responded that signage issues would be addressed in the next budget year. 5. (Consent Calendar item # 4e (4) -correspondence from Lily Doershuk re parking for life guards) In response to Council Member Correia, staff indicated they would follow up with a response. 6. (Agenda item # 23 -resolution approving the contract ... sculpture on the Peninsula Park ...) PCD Dir. Davidson stated neither he nor Neighborhood Services Coordinator Bollinger would be at the formal meeting and questioned if Council had any questions. None were voiced. 7. (Consent Calendar # 4e (1) -correspondence from Barb Stellmach re panhandlers) In response to Council Member Hayek, staff will respond. 8. (Consent Calendar # 4e (3) -correspondence re alcohol) Council Members Hayek and Wright requested a response to the high school students. Staff will follow up. 9. (Consent Calendar # 4e (2) -correspondence re Animal Shelter) Council Member Correia noted that high school students also wrote letters on the Animal Shelter as well. 10. (Agenda # 24 -resolution ... purchase ... 1807 Lower Muscatine Road) See discussion later in meeting under Information Packet Discussion CITY PLAZA - S. DUBUQUE ST EXTERIOR WALKWAY RENOVATION [items # 9 & 10] PCD Dir. Davidson present for discussion. Economic Development Coordinator Ford delivered a power point presentation (on file) regarding the proposal. Majority of Council requested a similar power point presentation at the formal meeting the next evening. ENERGY EFFICIENCY BLOCK GRANT [agenda item # 22] JCCOG Ex. Director Yapp and Supt. Of Landfill Elias presented a power point presentation (on file), and hand outs "City of Iowa City Utilities; 1980-2008 Cost per year". Majority agreed the presentation would not be repeated at the formal meeting. Council recessed to the special formal meeting 7:35 p.m.; and reconvened the work session at 7:40 p.m. Council Work Session June 15, 2009 Page 3 INFORMATION PACKET DISCUSSION [June 4 & 17] 1. (IP3 of 6/4 Information Packet -Memo from the Senior Planner and Code Enforcement Assistant re Sandwich Boards and A frame signs) Majority of Council requested a hand out educational piece be provided to establishments showing what options they may have. Staff will follow up. 2. (Agenda # 24 -resolution ... purchase ... 1807 Lower Muscatine Road) - In response to Council Member Hayek, Interim City Manager Helling and City Atty. Dilkes stated a portion of the parcel would be used for a project and the building and remaining lot returned to private use. COUNCIL TIME Mayor Bailey requested confirmation that Council would proceed with PIN grants for FY10, noting the item would be scheduled for the next meeting and didn't want neighborhood representatives taking their time for presentation if Council was not going to consider them. Majority confirmed to the FY10 PIN grants. STAFF ACTION: Scheduled for June 30 agenda. BUDGET PRIORITIES None SCHEDULE OF PENDING DISCUSSION ITEMS [info packet #2] Council Member Wright asked for an update on plastic bag reduction plans, noting previous discussion stating a follow up discussion would be scheduled for June. Council Member Correia added that discussion should also include mixed recycling. Staff will follow up. 2. Mayor Bailey asked that the greenhouse gas inventory mentioned by JCCOG Ex. Director Yapp and Supt. of Landfill Elias earlier in the evening be added to the pending list. UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS None DISCUSSION OF METING SCHEDULE None Meeting adjourned to special formal 7:50 PM. 2a 2 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost of this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 6/15/09 Iowa City City Council special meeting, 7:35 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 recess the formal meeting until after conclusion of the work session. The Mayor declared the motion carried. Moved and seconded to adjourn to executive session to evaluate the professional competency of individuals whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individuals' reputations and those individuals requested a closed session. The Mayor declared the motion carried and adjourned into executive session. Moved and seconded to adjourn special meeting 9:03 p.m. The Mayor declared the motion carried. A more complete description of Council Activitie is on file in the office of the City Clerk. ~ ~ s/Regenia D. Bailey, Mayor s/Marian K. Karr, City Clerk Sub to for pub atio~~ 6 17/09. 2a 3 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost of this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 6/16/09 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, Craig, Hargadine, O'Brien, Knoche, Rummel. The Mayor proclaimed: Pride Month -June 2009, Kirsten Plowman accepting; Relay for Life -June 15-20, 2009, Survivor and honorary co-chair Linda Schrock accepting. Public Library Friends Foundation President Elect Tom Martin presented the City with a $100,000 check representing the final payment of the Foundation's pledge of $1 million for the Library expansion completed in 2004. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as presented. Moved and seconded to delete from Consent Calendar separate consideration Item 4c(1), a motion granting a six month Class C Liquor License to Los Cocos, from the Consent Calendar: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: May 26, Special Council Work Session; May 28, Special Council Work Session; June 1, Regular Council Work Session; June 2, Regular 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 -April 16, 2009; Airport Commission -May 6, 2009; Senior Center Commission -April 28, 2009; Senior Center Commission -April 21, 2009; Historic Preservation Commission -May 14, 2009; Parks & Recreation Commission -April 8, 2009; Youth Advisory Commission -May 3, 2009; Youth Advisory Commission -April 23, 2009; Youth Advisory Commission -April 5, 2009; Police Citizens Review Board - May 26, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Beer Permit for Walgreens #5077, 2214 Muscatine Ave.; Renewal: Class C Liquor License for Dave's Foxhead Tavern, 402 E. Market St.; Class C Liquor License for Dublin Underground, 5 S. Dubuque St.; Class E Liquor License for CVS/Pharmacy #8547, 2425 Muscatine Ave.; Class E Liquor License for John's Grocery, Inc., 401 E. Market St.; RES. 09-198, TO ISSUE CIGARETTE PERMITS; RES. 09-199, TO ISSUE DANCE PERMIT to Los Cocos, 1921 Keokuk St. Public Hearings: RES. 09-200, SETTING A PUBLIC HEARING FOR JUNE 30, 2009 TO CONSIDER A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA FOR LOT 1 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION PART TWO AND TO CONSIDER A PROPOSAL TO CONVEY SAID PROPERTY; RES. 09-201, SETTING A PUBLIC HEARING ON JUNE 30, 2009 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE Official Actions June 16, 2009 Page 2 OF COST FOR THE CONSTRUCTION OF THE 2009 DURABLE PAVEMENT MARKING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Correspondence; Barb Stellmach regarding Panhandlers [staff response included]; Animal Shelter letters from Susan Graves, Kassi Helmold, Benjamin Ryan, James Tran; Alcohol letters from Allison Gieswein, Philip Riley; Lily Doershuk regarding Parking fees for lifeguards at the Robert A. Lee Recreation Center [staff response included]; Brian Gullickson regarding Funding for Habitat for Humanity; Deb Thornton regarding Bleachers at the soccer complex; Russell Haught regarding Budget concerns; Steve Rudin regarding Metro Bike Trail; Chickens letters from Elizabeth Cummings, Elizabeth Pusack [staff responses included]; Elias Zaharias regarding Greg Roth; Jerry Raaz regarding Development [staff response included]; Annie Tucker regarding FBI infiltration. The Mayor declared the motion carried. Moved and seconded to approve a six (6) month Class C Liquor License for Los Cocos, Inc., dba Los Cocos, 1921 Keokuk St. Kenneth Elders distributed a copy of an email from Human Rights Coordinator Bowers regarding Ladies Night Promotion, and requested the license not be approved. Moved and seconded to accept the correspondence from Mr. Elders. The Mayor declared the motion carried. Heather German, President of Los Cocos Inc., appeared and distributed copies of MySpace communication regarding promotions by Mr. Elder. Moved and seconded to accept correspondence from Ms. German. The Mayor declared the motion carried. Libris Fidelis appeared. The Mayor declared the motion to approve the six month license carried. Libris Fidelis appeared requesting that speed bumps be installed on all exits of parking ramps and bold lettering asking exiting drivers to yield to pedestrians. A public hearing was held on an ordinance amending Title 14, Zoning, adding a Business Services Land Use Category, modifying the street width standards for institutional uses in residential zones, and clarifying applicable regulations to and allow minor modifications to site development standards in the Public Zone. Moved and seconded that the ordinance amending Title 14, Zoning, adding a Business Services Land Use Category, modifying the street width standards for institutional uses in residential zones, and clarifying applicable regulations to and allow minor modifications to site development standards in the Public Zone, be given first vote. The Mayor declared the motion carried. A public hearing was held on a resolution approving plans, specifications, and estimate of cost for the construction of the Burlington / US Hwy 6 Bridges Flood Repair Project [ER-3715(641) - 8R-52 & ER-3715 (642~8R-52], 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. 09-202, APPROVING PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BURLINGTON / US HWY 6 BRIDGES FLOOD REPAIR PROJECT [ER-3715(641) -- 8R-52 & ER-3715 (642)--8R-52], ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY Official Actions June 16, 2009 Page 3 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, and estimate of cost for the construction of the Riverside Drive Flood Repair Project [ER- 3715(638)-8R-52], 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. 09-203, APPROVING PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RIVERSIDE DRIVE FLOOD REPAIR PROJECT [ER-3715(638)--8R-52], 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. 09-204, APPROVING THE PLANS AND BUDGET FORA 50/50 COST-SHARE PROJECT WITH DAVIDSON HOTELS TO IMPROVE AND ENHANCE THE PUBLIC ACCESS EASEMENT FOR THE EXTERIOR WALKWAY CONNECTING THE CITY PLAZA TO DUBUQUE STREET AT THE SHERATON HOTEL. The following individuals appeared: Libris Fidelis; UISG Council Liaison Shipley; Louise Young, Capitol House Apts.; Phil Miller, representing Davidson Hotel and the Sheraton. Moved and seconded to accept correspondence from Michael Finlayson. 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 Iowa City/Sheraton Hotel Pedestrian Walkway Improvement 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. 09-205, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY/SHERATON HOTEL PEDESTRIAN WALKWAY IMPROVEMENT 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 1, Administration, Chapter 4, General Penalty, Section 1, Violations; Criminal Penalty, and Title 3, Finances Taxation and Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties, Section 9, Violation of Various Code Sections, be given first vote. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 1, Chapter 9, Section 3, entitled "Election Precincts" of the Code of Ordinances of Iowa City, Iowa by amending the boundary of Voting Precinct 12 to reflect a boundary change to the corporate limits of Iowa City, be given first vote. 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. 09-4342, AMENDING TITLE 8, CHAPTER 5, SECTION 1, ENTITLED "DISORDERLY CONDUCT" TO INCLUDE FIGHTING OR VIOLENT BEHAVIOR IN THE DESCRIPTION OF DISORDERLY Official Actions June 16, 2009 Page 4 CONDUCT, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded that the 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. 09-4343, AMENDING TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 8, PARKING VIOLATIONS, TO AMEND PARKING FEES, RATES, AND FINES, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to accept correspondence from Astrid Bennett. The Mayor declared the motion carried. Moved and seconded to combine Items 15 through 20. 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 the following ordinances be voted on for final passage at this time: ORD. 09-4344, AMENDING TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 9, TOWING AND IMPOUNDMENT PROCEDURES, SECTION 4, IMPOUNDMENT FOR ACCUMULATED PARKING VIOLATIONS, SUBSECTION A: DETERMINATION OF TOWING AND IMPOUNDMENT, TO COUNT RAMP CHARGES AND VEHICLE UNLOCK FEES TOWARD THE $50 "TOW THRESHOLD AMOUNT", AND TO ELIMINATE THE REFERENCE TO AT LEAST FIVE (5) PARKING TICKETS; AND TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 1: DEFINITIONS, ADMINISTRATION AND ENFORCEMENT OF TRAFFIC PROVISIONS, SECTION 1: DEFINITIONS, TO INCLUDE DEFINITIONS OF "RAMP CHARGES" AND "VEHICLE UNLOCK FEE"; ORD. 09-4345, AMENDING TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 4, PARKING REGULATIONS, SECTION 6, PARKING IN ALLEYS: SUBSECTION B, ALLEYS IN COMMERCIAL DISTRICTS: PARAGRAPH 2, TO LIMIT PARKING IN AN ALLEY TO TEN (10) MINUTES; ORD. 09-4346, AMENDING TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 4, PARKING REGULATIONS, SECTION 1, PARKING PROHIBITED IN SPECIFIED PLACES, SUBSECTION A, PARAGRAPH 6, AND TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 4, PARKING REGULATIONS, SECTION 7: VEHICLES ON PARKING AREA, SUBSECTION B: STANDARDS, PARAGRAPH 3, SUBPARAGRAPH C, TO CHANGE THE PARKING RESTRICTION FROM WITHIN FIVE FEET (5') OF A FIRE HYDRANT TO THE FIVE FEET (5') OF CURB SPACE IN FRONT OF THE FIRE HYDRANT; ORD. 09-4347, AMENDING TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 5, PARKING METER ZONES AND PARKING LOTS, SECTION 6, PENALTIES; PARKING TICKETS: BY ADDING SUBSECTION D, RETURNED CHECKS:, TO ALLOW FOR THE RECOUPMENT OF FINANCIAL PENALTIES AND ADMINISTRATIVE COSTS UPON THE RETURN OF ANY CHECK OR AUTOMATIC BANK DEBIT; ORD. 09-4348, AMENDING TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 9, TOWING AND IMPOUNDMENT PROCEDURES, SECTION 1, TOWING AND IMPOUNDMENT OF ABANDONED VEHICLES; NOTICES, SUBSECTION A, TOWING AND IMPOUNDMENT AUTHORIZED:, TO AMEND THE NOTICE REQUIREMENT FROM SEVENTY-TWO (72) HOURS TO TWENTY-FOUR (24) HOURS BEFORE TOWING Official Actions June 16, 2009 Page 5 VEHICLES FROM CITY-OWNED PARKING RAMPS; ORD. 09-4349, AMENDING TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 9, TOWING AND IMPOUNDMENT PROCEDURES, SECTION 4, IMPOUNDMENT FOR ACCUMULATED PARKING VIOLATIONS:, SUBSECTION B, NOTICE OF TOWING AND IMPOUNDMENT; WEARING:, TO ELIMINATE THE REQUIREMENT THAT THE VEHICLE BE IN VIOLATION OF PARKING REGULATIONS AT THE TIME OF TOWING OR IMPOUNDMENT AND STREAMLINE NOTICE PROVISIONS. Moved and seconded that the ordinances be finally adopted at this time. Moved and seconded to adopt RES. 09-206 AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2010 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. Moved and seconded to adopt RES. 09-207, AUTHORIZING AND DESIGNATING THE CITY LANDFILL SUPERINTENDENT OR DESIGNEE TO SUBMIT THE CITY OF IOWA CITY'S APPLICATION FOR ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FUNDS TO CREATE AN ENERGY CONSERVATION PROGRAM. Moved and seconded to adopt RES. 09-208, APPROVING THE CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR DISPLAY OF A SCULPTURE ON THE PENINSULA PARK SCULPTOR'S SHOWCASE . Moved and seconded to adopt RES. 09-209, APPROVING A PURCHASE AGREEMENT FOR 1807 LOWER MUSCATINE ROAD, IOWA CITY, JOHNSON COUNTY, IOWA. Moved and seconded to adopt RES. 09-210, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 2009 THROUGH JUNE 30, 2010. Moved and seconded to adopt RES. 09-211, AMENDING THE BUDGETED POSITIONS IN THE CABLE TELEVISION DIVISION OF THE ADMINISTRATIVE OFFICES DEPARTMENT BY INCREASING THE POSITION OF CABLE TV ADMINISTRATOR FROM .75 FULL TIME EQUIVALENT (FTE) TO ONE (1) FTE. Moved and seconded to adopt RES. 09-212, ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. The following individuals appeared: Rachel Selden for property at 2714 Ferndale Dr.; Lois Hughes, 401 E. Linn St., for property at 877 Normandy Dr.; Dan Dombroski for 1918 Kathlin Dr.; and a man representing property at 1910 Kathlin Dr. After discussion, moved and seconded to defer the four properties (2714 Ferndale Dr.; 877 Normandy Dr.; 1918 Kathlin Dr.; and 1910 Kathlin Dr.) to the June 30 Council meeting. The Mayor declared the motion to defer carried. The Mayor noted the previously announced vacancies to Boards and Commissions: Historic Preservation Commission for a Longfellow Representative to fill an unexpired term, effective upon appointment, ending March 29, 2011; Library, Board of Trustees for three vacancies to fill six-year terms July 1, 2009 -July 1, 2015; Telecommunications Commission Official Actions June 16, 2009 Page 6 to fill an unexpired term, effective upon appointment, ending March 13, 2012. Applications must be received by 5:00 p.m., Wednesday, June 24, 2009. Moved and seconded to appoint Will Jennings, 311 Fairchild Street, to the Board of Adjustment to fill an unexpired term, effective upon appointment, plus afive-year term ending January 1, 2015. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Will Jennings. The Mayor declared the motion carried. The Mayor noted that no applications were received for the following and all will be readvertised: Airport Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus afive-year term ending December 31, 2011; Airport Zoning 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; Youth Advisory Commission to fill a two-year term for Tate High January 1, 2009 -December 31, 2010. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Moved and seconded to adjourn 9:05 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Regenia D. Bailey, Mayor ~ / s/Marian K. Karr, City Clerk ,/ ~ ~ ~ ~~~ Submi ed for publication - 6/24/09. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JUNE 15, 2009 Iowa City City Council special meeting, 7:35 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, Bollinger. Moved by Hayek, seconded by Champion, to recess the formal meeting until after conclusion of the work session. The Mayor declared the motion carried unanimously, 7/0, all Council Member present. (Recess 7:38 p.m.; reconvened 7:50 p.m.) Moved by Wright, seconded by Hayek, to adjourn to executive session to evaluate the professional competency of individuals whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individuals' reputations and those individuals requested a closed session (City Attorney, City Clerk). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 7:50 p.m. Council returned to open session 9:00 p.m. Moved by Hayek, seconded by Wilburn, to adjourn special meeting 9:03 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 JUNE 16, 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, Craig, Hargadine, O'Brien, Knoche, Rummel The Mayor proclaimed: Pride Month -June 2009, Kirsten Plowman accepting; Relay for Life -June 15-20, 2009, Survivor and honorary co-chair Linda Schrock accepting. Public Library Friends Foundation President Elect Tom Martin presented the City with a $100,000 check representing the final payment of the Foundation's pledge of $1 million for the Library expansion completed in 2004. Moved by Wilburn, seconded by O'Donnell, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as presented. Moved by Wright, seconded by Correia, to delete from Consent Calendar separate consideration Item 4c(1), a motion granting a six month Class C Liquor License to Los Cocos, from the Consent Calendar: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: May 26, Special Council Work Session; May 28, Special Council Work Session; June 1, Regular Council Work Session; June 2, Regular 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 -April 16, 2009; Airport Commission -May 6, 2009; Senior Center Commission -April 28, 2009; Senior Center Commission -April 21, 2009; Historic Preservation Commission -May 14, 2009; Parks & Recreation Commission -April 8, 2009; Youth Advisory Commission -May 3, 2009; Youth Advisory Commission -April 23, 2009; Youth Advisory Commission -April 5, 2009; Police Citizens Review Board - May 26, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Beer Permit for Walgreen Company, dba Walgreens #5077, 2214 Muscatine Ave.; Renewal: Class C Liquor License for David L. Alberhasky dba Dave's Foxhead Tavern, 402 E. Market St.; Class C Liquor License for Dublin Underground, Inc., dba Dublin Underground, 5 S. Dubuque St.; Class E Liquor License for Iowa CVS/Pharmacy, LLC, dba CVS/Pharmacy #8547, 2425 Muscatine Ave.; Class E Liquor License for John's Grocery, Inc., dba John's Grocery, Inc., 401 E. Market St.; RES. 09-198, TO ISSUE CIGARETTE PERMITS; RES. 09-199, TO ISSUE DANCE PERMIT to Los Cocos, Inc., dba Los Cocos, 1921 Keokuk St. Public Hearings: RES. 09-200, SETTING A PUBLIC HEARING FOR JUNE 30, 2009 TO CONSIDER A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA FOR LOT 1 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION PART TWO AND TO CONSIDER A PROPOSAL TO CONVEY SAID PROPERTY; RES. 09-201, SETTING A PUBLIC HEARING ON JUNE Complete Description June 16, 2009 Page 2 30, 2009 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2009 DURABLE PAVEMENT MARKING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Correspondence; Barb Stellmach regarding Panhandlers [staff response included]; Animal Shelter letters from Susan Graves, Kassi Helmold, Benjamin Ryan, James Tran; Alcohol letters from Allison Gieswein, Philip Riley; Lily Doershuk regarding Parking fees for lifeguards at the Robert A. Lee Recreation Center [staff response included]; Brian Gullickson regarding Funding for Habitat for Humanity; Deb Thornton regarding Bleachers at the soccer complex; Russell Haught regarding Budget concerns; Steve Rudin regarding Metro Bike Trail; Chickens letters from Elizabeth Cummings, Elizabeth Pusack [staff responses included]; Elias Zaharias regarding Greg Roth; Jerry Raaz regarding Development [staff response included]; Annie Tucker regarding FBI infiltration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wright, seconded by Hayek, to approve a six (6) month Class C Liquor License for Los Cocos, Inc., dba Los Cocos, 1921 Keokuk St. Police Chief Hargadine present for discussion. Kenneth Elders distributed a copy of an email from Human Rights Coordinator Bowers regarding Ladies Night Promotion, and requested the license not be approved. Moved by Wilburn, seconded by O'Donnell, to accept the correspondence from Mr. Elders. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Heather German, President of Los Cocos Inc., appeared and distributed copies of MySpace communication regarding promotions by Mr. Elder. Moved by Hayek, seconded by Wilburn to accept correspondence from Ms. German. The Mayor declared the.motion carried unanimously, 7/0, all Council Members present. Individual Council Members expressed their views. Libris Fidelis appeared. The Mayor declared the motion to approve the six month license carried unanimously, 7/0, all Council Members present. Libris Fidelis appeared requesting that speed bumps be installed on all exits of parking ramps and bold lettering asking exiting drivers to yield to pedestrians. A public hearing was held on an ordinance amending Title 14, Zoning, adding a Business Services Land Use Category, modifying the street width standards for institutional uses in residential zones, and clarifying applicable regulations to and allow minor modifications to site development standards in the Public Zone. No one appeared. Moved by Wilburn, seconded by Hayek, that the ordinance amending Title 14, Zoning, adding a Business Services Land Use Category, modifying the street width standards for institutional uses in residential zones, and clarifying applicable regulations to and allow minor modifications to site development standards in the Public Zone, 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, and estimate of cost for the construction of the Burlington / US Hwy 6 Bridges Flood Repair Project [ER-3715(641) - 8R-52 & ER-3715 (642~8R-52], establishing amount of bid Complete Description June 16, 2009 Page 3 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. 09-202, APPROVING PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BURLINGTON / US HWY 6 BRIDGES FLOOD REPAIR PROJECT [ER-3715(641) -- 8R-52 & ER-3715 (642)--8R-52], 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, and estimate of cost for the construction of the Riverside Drive Flood Repair Project [ER- 3715(638)-8R-52], 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 Hayek, seconded by Correia, to adopt RES. 09-203, APPROVING PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RIVERSIDE DRIVE FLOOD REPAIR PROJECT [ER-3715(638)--8R-52], 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 Hayek, to adopt RES. 09-204, APPROVING THE PLANS AND BUDGET FORA 50/50 COST-SHARE PROJECT WITH DAVIDSON HOTELS TO IMPROVE AND ENHANCE THE PUBLIC ACCESS EASEMENT FOR THE EXTERIOR WALKWAY CONNECTING THE CITY PLAZA TO DUBUQUE STREET AT THE SHERATON HOTEL. Economic Development Coordinator Ford present for discussion. The following individuals appeared: Libris Fidelis; UISG Council Liaison Shipley; Louise Young, Capitol House Apts.; Phil Miller, representing Davidson Hotel and the Sheraton. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 4/3, with the following division of roll call vote. Ayes: O'Donnell, Wilburn, Bailey, Hayek. Nays: Wright, Champion, Correia. Absent: None. Moved by Wright, seconded by Wilburn to accept correspondence from Michael Finlayson. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Iowa City/Sheraton Hotel Pedestrian Walkway Improvement 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. 09-205, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY/SHERATON HOTEL PEDESTRIAN WALKWAY IMPROVEMENT 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. Complete Description June 16, 2009 Page 4 Moved by Champion, seconded by O'Donnell, that the ordinance amending Title 1, Administration, Chapter 4, General Penalty, Section 1, Violations; Criminal Penalty, and Title 3, Finances Taxation and Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties, Section 9, Violation of Various Code Sections, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wright, seconded by .Hayek, that the ordinance amending Title 1, Chapter 9, Section 3, entitled "Election Precincts" of the Code of Ordinances of Iowa City, Iowa by amending the boundary of Voting Precinct 12 to reflect a boundary change to the corporate limits of Iowa City, 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 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. 09-4342, AMENDING TITLE 8, CHAPTER 5, SECTION 1, ENTITLED "DISORDERLY CONDUCT" TO INCLUDE FIGHTING OR VIOLENT BEHAVIOR IN THE DESCRIPTION OF DISORDERLY CONDUCT, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by Wright, 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. 09-4343, AMENDING TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 8, PARKING VIOLATIONS, TO AMEND PARKING FEES, RATES, AND FINES, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Hayek, seconded by Wilburn, to accept correspondence from Astrid Bennett. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Correia, to combine Items 15 through 20. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by O'Donnell, 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 the following ordinances be voted on for final passage at this time: ORD. 09-4344, AMENDING TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 9, TOWING AND IMPOUNDMENT PROCEDURES, SECTION 4, IMPOUNDMENT FOR ACCUMULATED PARKING VIOLATIONS, SUBSECTION A: DETERMINATION OF TOWING AND IMPOUNDMENT, TO COUNT RAMP CHARGES AND VEHICLE UNLOCK FEES TOWARD THE $50 "TOW THRESHOLD AMOUNT", AND TO ELIMINATE THE REFERENCE TO AT Complete Description June 16, 2009 Page 5 LEAST FIVE (5) PARKING TICKETS; AND TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 1: DEFINITIONS, ADMINISTRATION AND ENFORCEMENT OF TRAFFIC PROVISIONS, SECTION 1: DEFINITIONS, TO INCLUDE DEFINITIONS OF "RAMP CHARGES" AND "VEHICLE UNLOCK FEE"; ORD. 09-4345, AMENDING TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 4, PARKING REGULATIONS, SECTION 6, PARKING IN ALLEYS: SUBSECTION B, ALLEYS IN COMMERCIAL DISTRICTS: PARAGRAPH 2, TO LIMIT PARKING IN AN ALLEY TO TEN (10) MINUTES; ORD. 09-4346, AMENDING TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 4, PARKING REGULATIONS, SECTION 1, PARKING PROHIBITED IN SPECIFIED PLACES, SUBSECTION A, PARAGRAPH 6, AND TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 4, PARKING REGULATIONS, SECTION 7: VEHICLES ON PARKING AREA, SUBSECTION B: STANDARDS, PARAGRAPH 3, SUBPARAGRAPH C, TO CHANGE THE PARKING RESTRICTION FROM WITHIN FIVE FEET (5') OF A FIRE HYDRANT TO THE FIVE FEET (5') OF CURB SPACE IN FRONT OF THE FIRE HYDRANT; ORD. 09-4347, AMENDING TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 5, PARKING METER ZONES AND PARKING LOTS, SECTION 6, PENALTIES; PARKING TICKETS: BY ADDING SUBSECTION D, RETURNED CHECKS:, TO ALLOW FOR THE RECOUPMENT OF FINANCIAL PENALTIES AND ADMINISTRATIVE COSTS UPON THE RETURN OF ANY CHECK OR AUTOMATIC BANK DEBIT; ORD. 09-4348, AMENDING TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 9, TOWING AND IMPOUNDMENT PROCEDURES, SECTION 1, TOWING AND IMPOUNDMENT OF ABANDONED VEHICLES; NOTICES, SUBSECTION A, TOWING AND IMPOUNDMENT AUTHORIZED:, TO AMEND THE NOTICE REQUIREMENT FROM SEVENTY-TWO (72) HOURS TO TWENTY-FOUR (24) HOURS BEFORE TOWING VEHICLES FROM CITY-OWNED PARKING RAMPS; ORD. 09-4349, AMENDING TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 9, TOWING AND IMPOUNDMENT PROCEDURES, SECTION 4, IMPOUNDMENT FOR ACCUMULATED PARKING VIOLATIONS:, SUBSECTION B, NOTICE OF TOWING AND IMPOUNDMENT; HEARING:, TO ELIMINATE THE REQUIREMENT THAT THE VEHICLE BE IN VIOLATION OF PARKING REGULATIONS AT THE TIME OF TOWING OR IMPOUNDMENT AND STREAMLINE NOTICE PROVISIONS. Moved by Wilburn, seconded by Wright, that the ordinances be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinances adopted. Moved by Champion, seconded by Correia, to adopt RES. 09-206 AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2010 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wlburn, seconded by Wright, to adopt RES. 09-207, AUTHORIZING AND DESIGNATING THE CITY LANDFILL SUPERINTENDENT OR DESIGNEE TO SUBMIT THE CITY OF IOWA CITY'S APPLICATION FOR ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FUNDS TO CREATE AN ENERGY CONSERVATION PROGRAM. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description June 16, 2009 Page 6 Moved by Champion, seconded by Wilburn, to adopt RES. 09-208, APPROVING THE CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR DISPLAY OF A SCULPTURE ON THE PENINSULA PARK SCULPTOR'S SHOWCASE (Jason Messier). 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. 09-209, APPROVING A PURCHASE AGREEMENT FOR 1807 LOWER MUSCATINE ROAD, IOWA CITY, JOHNSON COUNTY, IOWA. 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 Wright, seconded by Correia, to adopt RES. 09-210, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 2009 THROUGH JUNE 30, 2010. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote: Ayes: O'Donnell, Wilburn, Wright, Bailey, Correia. Nays: Hayek, Champion. Absent: None. Moved by O'Donnell, seconded by Wilburn, to adopt RES. 09-211, AMENDING THE BUDGETED POSITIONS IN THE CABLE TELEVISION DIVISION OF THE ADMINISTRATIVE OFFICES DEPARTMENT BY INCREASING THE POSITION OF CABLE TV ADMINISTRATOR FROM .75 FULL TIME EQUIVALENT (FTE) TO ONE (1) FTE. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Wilburn, Wright, Bailey, Champion, Hayek, O'Donnell. Nays: Correia. Absent: None. Moved by Wright, seconded by Champion, to adopt RES. 09-212, ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. The following individuals appeared: Rachel Selden for property at 2714 Ferndale Dr.; Lois Hughes, 401 E. Linn St., for property at 877 Normandy Dr.; Dan Dombroski for 1918 Kathlin Dr.; and a man representing property at 1910 Kathlin Dr. Individual Council Members expressed their views. After discussion, moved by O'Donnell, seconded by Wright, to defer the four properties (2714 Ferndale Dr.; 877 Normandy Dr.; 1918 Kathlin Dr.; and 1910 Kathlin Dr.) to the June 30 Council meeting. The Mayor declared the motion to defer carried unanimously, 7/0, all Council Members present. Affirmative roll call vote unanimous on the amended resolution, 7/0, all Council Members present. The Mayor declared the resolution adopted as amended. The Mayor noted the previously announced vacancies to Boards and Commissions: Historic Preservation Commission for a Longfellow Representative to fill an unexpired term, effective upon appointment, ending March 29, 2011; Library, Board of Trustees for three vacancies to fill six-year terms July 1, 2009 -July 1, 2015; Telecommunications Commission to fill an unexpired term, effective upon appointment, ending March 13, 2012. Applications must be received by 5:00 p.m., Wednesday, June 24, 2009. Moved by Wright, seconded by O'Donnell, to appoint Will Jennings, 311 Fairchild Street, to the Board of Adjustment to fill an unexpired term, effective upon appointment, plus a five-year term ending January 1, 2015. The Mayor declared the motion carried Complete Description June 16, 2009 Page 7 unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by O'Donnell, to accept correspondence from Will Jennings. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted that no applications were received for the following and all will be readvertised: Airport Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus afive-year term ending December 31, 2011; Airport Zoning 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; Youth Advisory Commission to fill atwo-year term for Tate High January 1, 2009 -December 31, 2010. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council Member Correia announced summer activities at the Grant Wood gym and encouraged attendance by kids in the neighborhood. Council Member Wilburn noted Diversity Circle discussions that are scheduled to be held on June 22 and 29 from 6:30-7:30 p.m. at Grant Wood Elementary School and encouraged participation. Mayor Pro tem O'Donnell shared information on the drawing to be held on Monday, June 22, when 40 people will be given an opportunity to purchase a newly constructed home through the state's Single Family New Construction Unit Production Program. Mayor Bailey reported on her attendance at the neighborhood potlucks affected by last year's flooding, and shared the compliments City staff received. Moved by O'Donnell, seconded by Wright, to adjourn 9:05 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Regenia D. Bailey, Mayor Marian K. Karr, City Clerk