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HomeMy WebLinkAbout2009-07-28 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 JULY 28, 2009 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: None. Staff members present: Helling, Dilkes, Karr, Panos, Goers, Davidson, Moran, Kelsay and Hargadine. The Mayor proclaimed Americans with Disabilities Week -July 25-31, 2009. Keith Ruff, Everet Conner Center, accepting. Moved by Champion, seconded by Hayek, 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 29, Special Council Work Session; June 30, Special Council Formal Official and Complete; July 6, Special Council Work Session; July 6, Special Council Formal Official and Complete; July 24, Special Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). Youth Advisory Commission -June 5, 2009; Youth Advisory Commission -June 7, 2009; Youth Advisory Commission -July 12, 2009; Youth Advisory Commission -July 15, 2009; Historic Preservation Commission -June 11, 2009; Airport Commission -May 21, 2009; Airport Commission -June 18, 2009; Airport Commission -July 10, 2009; Planning and Zoning Commission -June 18, 2009; Human Rights Commission -June 16, 2009; Civil Service Commission -July 7, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Orchard Green, Inc., dba Orchard Green Restaurant, 521 S. Gilbert St. Renewal: Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #1, 525 Hwy 1 West; Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #2, 1920 Lower Muscatine Rd.; Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #3, 2410 Mormon Trek Blvd.; Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #5, 206 E. Benton St.; Class C Beer Permit for Kmart Corporation dba Big Kmart #4315, 901 Hollywood Blvd.; Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Drugstore, 310 N. First Ave.; Class B Beer Permit for Jimmy Jack's, Inc., dba Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd.; Class C Liquor License for High Energy Food Concepts, Inc., dba Martini's, 127 E. College St.; Outdoor Service Area for High Energy Food Concepts, Inc., dba Martini's, 127 E. College St. Motions. Approve disbursements in the amount of $30,784,756.27 for the period of June 1 through June 30, 2009, as recommended by the Finance Director subject to audit. Public Hearings: RES. 09-241, SETTING PUBLIC HEARING FOR AUGUST 18, 2009, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 842 LONGFELLOW COURT; RES. 09-242, SETTING PUBLIC HEARING FOR Complete Description July 28, 2009 Page 2 AUGUST 18, 2009, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 840 LONGFELLOW PLACE; RES. 09-243, SETTING A PUBLIC HEARING ON AUGUST 18, 2009 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY09 LANDFILL GRADING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 09-244, AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE SYCAMORE STREET FROM LANGENBERG AVENUE TO DEFOREST AVENUE IMPROVEMENT PROJECT AND TO ACQUIRE PROPERTY FOR THE PROJECT; AND SETTING DATE OF PUBLIC HEARING ON SEPTEMBER 15, 2009; RES. 09-245, SETTING A PUBLIC HEARING ON AUGUST 18, 2009 ON PLANS SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF PHASE ONE-TRAIL DEVELOPMENT OF THE SAND LAKE RECREATION AREA, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 09-246, APPROVING THE ACCEPTANCE OF THE DEDICATION OF A 0.54 ACRE PARCEL OF LAND ADJACENT TO AUDITOR'S PARCELS 2009048, AT THE INTERSECTION OF LOWER MUSCATINE ROAD AND SYCAMORE STREET IN IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC RIGHT-OF-WAY; RES. 09-247, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDITUNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 3 DUNUGGAN COURT, IOWA CITY, IOWA; RES. 09-248, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1562 DICKENSON LANE, IOWA CITY, IOWA; RES. 09- 249, ACCEPTING THE WORK FOR THE LOWER CITY PARK -ELECTRICAL FLOOD REPAIR PROJECT; RES. 09-250, ACCEPTING THE WORK FOR THE RIVERSIDE FESTIVAL STAGE -ELECTRICAL FLOOD REPAIR PROJECT; RES. 09-251, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A PROMISSORY NOTE AND TWO MORTGAGES FOR THE PROPERTY LOCATED IN JOHNSON COUNTY, IOWA; RES. 09-252, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTY LOCATED AT 120 N. DUBUQUE STREET, IOWA CITY, IOWA; RES. 09-253, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTY LOCATED AT 221 E. WASHINGTON STREET, IOWA CITY, IOWA; RES. 09-254, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 2205 J STREET, IOWA CITY, IOWA; RES. 09- 255, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO Complete Description July 28, 2009 Page 3 ATTEST TO A SUBORDINATION AGREEMENT WITH US BANK FOR EIGHT MORTGAGES WITH THE HOUSING FELLOWSHIP. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of (1) HANDICAP PARKING space in front of 1411 Broadway Street; JCCOG Traffic Engineering Planner regarding Establishment of a COMMERCIAL AND SERVICE VEHICLES ONLY 1 HR LIMIT 6AM-5PM zone and establishment of a NO PARKING 2AM-6AM TOW AWAY ZONE on the 100 block of Capitol Street; JCCOG Traffic Engineering Planner regarding Installation of (1) NO PARKING CORNER TO HERE sign on the 300 block of Johnson Street; Bike Lanes letters from Cody Gieselman, Tim Holman; Jo Richardson regarding Senior Center; Rebecca Rosenbaum regarding Citizen concern [staff response included]; Judith Dillman regarding Buyout offer on Normandy Drive [staff response included]; W.A. Krause regarding Iowa City Burlington Street Median; Leslie Weber regarding GAR Bridges Resolution; Ed Flaherty regarding FBI; Mark Phillips regarding Name the Iowa City Skateboard Park in memory of Terry Trueblood; Carol Chopek Seydel regarding raising Taft Speedway. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Ron Hrstka, 1130 Rochester Avenue, requested Council reconsider the sharrows, bike lanes, installed on the left side of both Jefferson and Market Streets. Council asked Mr. Hrstka to speak with staff directly as it was their recommendation to Council that approved the Bicycle Plan. Tom Madsen, 4050 Napoleon Lane, suggested a different approach for the four remaining properties owned by the Hagen family. Airport Commission Member Greg Farris updated Council on activities at the Airport. Jim White Sr, 121 Taft Speedway and Carol Seydel, 445 Garden Street, regarding the City decision to apply for grant funding for a new project, Taft Speedway / No Name Street levee. Moved by O'Donnell, seconded by Correia, to set a public hearing for August 18 on an ordinance conditionally rezoning approximately 4.29 acres of property located on Walden Road, west of Mormon Trek Boulevard from Medium Density Single Family Residential (RS-8) Zone to High Density Single Family Residential (RS-12) Zone (REZ09-00003). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wright, seconded by Champion, that the ordinance approving a two year extension of the Preliminary Planned Development Plan and Sensitive Areas Development Plan (RES06-00026) for approximately 34.86 acres of land located south and west of Whispering Meadows Drive to coincide with approval of a two year extension of the preliminary plat of Whispering Meadows Subdivision, Part 4, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by O'Donnell, to adopt RES. 09-256, APPROVING THE PRELIMINARY PLAT OF STONE BRIDGE ESTATES PARTS SIX TO NINE AND RE- SUBDIVISION OF OUTLOT C OF PART FOUR, IOWA CITY, IOWA (SUB09-00004). 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 Iowa City Police Storage Project, Complete Description July 28, 2009 Page 4 establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by Champion, seconded by Correia, to adopt RES. 09-257, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY POLICE STORAGE PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution authorizing the Mayor to sign and the City Clerk to attest an extension of a lease with Merschman Seeds, Inc. for an accessway from Mormon Trek Boulevard to the Airport. No one appeared. Moved by Wright, seconded by Hayek, to adopt RES. 09-258, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EXTENSION OF A LEASE WITH MERSCHMAN SEEDS, INC. FOR AN ACCESSWAY FROM MORMON TREK BOULEVARD TO THE AIRPORT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A hearing was held on the staff recommendation to deny the renewal of a Class C Liquor License for Etre LLC dba Etc., 118 S. Dubuque Street. The following individuals appeared: Police Chief Hargadine; Police Sgt. Kelsay; Atty. Steve Ballard, representing Etc.; Etc. owner George Etre; and UISG Liaison Shipley. Moved by Wilburn, seconded by O'Donnell, to receive correspondence from Atty. Steve Ballard. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wright, seconded by Champion, to deny in accordance with staff recommendation the renewal of the Class C Liquor License for Etre LLC dba Etc., 118 S. Dubuque Street. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of voice vote: Ayes: Wilburn, Bailey, Champion, Correia, O'Donnell, Wright. Nays: Hayek. Absent: None. A hearing was held on the staff recommendation to deny the renewal of a Class C Liquor License for Iowa City Field House, Co. Inc. dba The Field House, 111 E. College Street. The following individuals appeared: Police Chief Hargadine; Police Sgt. Kelsay; Atty. Matt Adam, representing The Field House; Rafer Mateer, General Manager, The Field House; Daniel Tallon; and Tom Lenoch. Moved by Wilburn, seconded by Wright, to deny in accordance with staff recommendation the renewal of a Class C Liquor License for Iowa City Field House, Co. Inc. dba The Field House, 111 E. College Street. Individual Council Members expressed their views. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wright, seconded by Correia, that the ordinance amending City Code Title 1, entitled Administration," Chapter 5, entitled "Mayor and City Council," to freeze the compensation for City Council members and repeal the review policy established by Ordinance 97-3804, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Hayek, to adopt RES. 09-259, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE Complete Description July 28, 2009 Page 5 AGREEMENT WITH THE JOINT EMERGENCY COMMUNICATION CENTER OF JOHNSON COUNTY AND MIKE SULLIVAN. 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. 09-260, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT OF EMPLOYMENT WITH THE JOINT EMERGENCY COMMUNICATION CENTER OF JOHNSON COUNTY AND THOMAS JONES. 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. 09-261, RENAMING THE SAND LAKE RECREATION AREA LOCATED EAST OF THE IOWA RIVER AT THE SOUTH EDGE OF IOWA CITY AS "TERRY TRUEBLOOD RECREATION AREA." Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Hayek, to adopt RES. 09-262, APPOINTING THE MAYOR, CITY MANAGER, AND LIBRARY DIRECTOR OR THEIR DESIGNEES AS OWA CITY'S REPRESENTATIVES TO THE IOWA CITY UNESCO CITY OF LITERATURE NON- PROFIT BOARD. 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. 09-263, ADOPTING THE JCCOG METRO BICYCLE MASTER PLAN AND EXECUTIVE SUMMARY. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by O'Donnell, to accept correspondence from Del Holland, Reuben Crandon, and Gregory Schmidt. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Hayek, seconded by Correia, to adopt RES. 09-264, AUTHORIZING THE CITY MANAGER TO SIGN AN APPLICATION FOR I-JOBS GRANT FUNDS TO MOVE THE NORTH WASTE WATER TREATMENT PLANT. 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. 09-265, AUTHORIZING THE CITY MANAGER TO SIGN AN APPLICATION FOR I-JOBS GRANT FUNDS TO CONSTRUCT FIRE STATION NO. 4. 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. 09-266, AWARDING CONTRACT to Calacci Construction, for $237,600.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE CITY OF IOWA CITY /SHERATON HOTEL PEDESTRIAN WALKWAY IMPROVEMENT JOINT PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Hayek, seconded by Correia, to adopt RES. 09-267, AWARDING CONTRACT to L.L. Pelting for $785,108.51 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE CITY OF OLD HIGHWAY 218 RESURFACING PROJECT ESL-3715(643)--7S-52. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description July 28, 2009 Page 6 Moved by Wilburn, seconded by Hayek, to adopt RES. 09-268, AWARDING CONTRACT to L.L. Pelting Co. for $47,816.30 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE RIVERSIDE DRIVE FLOOD REPAIR PROJECT ER-3715(638)--8R-52. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Hayek, to adopt RES. 09-269, AUTHORIZING EXECUTION OF A PROJECT PARTNERSHIP AGREEMENT AND RIGHT OF ENTRY EASEMENT BETWEEN THE CITY OF IOWA CITY AND THE DEPARTMENT OF ARMY (ARMY CORPS OF ENGINEERS) FOR THE SECTION 14 STREAM BANK STABILIZATION PROJECT ALONG THE IOWA RIVER IN IOWA CITY, IOWA. 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 adopt RES. 09-270, AWARDING CONTRACT to DPLM, tnc. for $187.211.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2009 DURABLE PAVEMENT MARKING PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Correia, seconded by Champion, to appoint Mark Edwards, 1754 Lakeside Drive, to the Library, Board of Trustees for asix-year term July 1, 2009 -July 1, 2015. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted that no applications have been received for the following Boards and Commissions 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 a five-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Youth Advisory Commission to fill atwo-year term for Tate High, January 1, 2009 -December 31, 2010. The Mayor noted previously announced vacancies: Historic Preservation Commission for a Northside Representative to fill an unexpired term, effective upon appointment, ending March 29, 2011; Housing and Community Development for three vacancies to fill three-year terms September 1, 2009 -September 1, 2012; Police Citizens Review Board for Two vacancies to fill four-year terms September 1, 2009 -September 1, 2013, one for a Peace Officer; Youth Advisory Commission for two At Large vacancies to fill unexpired terms, effective Upon appointment, plus two-year terms January 1, 2010 -December 31, 2011 Applications must be received by 5:00 p.m., Wednesday, August 12, 2009. The Mayor noted the current vacancy for Board of Adjustment to fill an unexpired term, effective upon appointment, ending January 1, 2012. Moved by Wilburn, seconded by Hayek, to accept correspondence from Edgar Thornton. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Applications must be received by 5:00 p.m., Wednesday, September 9, 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.] Complete Description July 28, 2009 Page 7 Council Member Wright reminded everyone of the Rummage in the Ramp program available in Chauncey Swan Ramp, noting they accept usable donations of household items and all proceeds go to good causes. Council Member Wilburn congratulated all the communities that hosted or had RAGBRAI pass through; alerted everyone to keep an eye out for proposed State legislation banning bicycles in certain areas; and urged citizens to consider participating in the Amish Harvest Tour, honoring Seth Bailey, and supporting efforts of the Holden Comprehensive Cancer Center on September 26 and more information can be found at www.courageride.orq. Council Member Hayek noted the recent death of former Mayor John McDonald. Mayor Bailey reported on the ADA celebration held the previous week-end; and commended the Chamber of Commerce for local coordinating and advocacy efforts for the Governor's train ride to Chicago promoting AMTRAK service to the area. Moved by Wilburn, seconded by Hayek, to adjourn meeting 9:40 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council tubers present. R is . Bailey, M yo ~t~ Mar n K. Karr, City Clerk ~~®~ CITY OF IOWA CITY 3a1 ~III~~~ ,~~,~~ l~ L[ ~~ RAC ~~ ~E Date: June 29, 2009 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, June 29, 2009, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright UISG Rep: Shipley Staff: Helling, Dilkes, Karr, Davidson, Fosse, O'Malley, Yapp, Dulek, Tharp, Moran, Rocca (A complete transcription is available in the City Clerk's Office and the City website) MEETING WITH AIKF'UK I VUmmiaai~rv RC: r+V STUDY (study in 6/18 Info Packet and agenda item # 5) E Airport Commissioners Janelle Rettig, Minnetta Gardinier, Greg Farris, Howard Horan and John Staley present. Commissioner and Council reviewed the study regarding future development needs of the Airport. Airport Operations Specialist Tharp also present for discussion. Airport Commissioner Staley left the table for discussion of item # 5 on the agenda due to conflict of interest. Majority agreed to proceed as outlined. AGENDA ITEMS 1. (Agenda item # 10 -resolution approving distribution "Program for Improving Neighborhoods" (PIN) Grant funds) Council Member Correia noted the correspondence from Jean Walker regarding Robert A. Lee Recreation Center Sunday closure and clarified Council was not interested in that idea. Interim City Manger Helling will follow up and clarify. 2. (Agenda item # 11 -resolution authorizing applications ... State Recreational Trails Program (SRT) ... to the Iowa Department of Transportation (IDOT), for development of recreational trails) In response to Council Member Hayek, PCD Director Davidson stated the trail project can be separated out from the San Lake project. 3. (Consent Calendar # 2g (2) - correspondence from Matthew Pacha ... recommendation to name Sand Lake in honor of TerryTrueblood) Council Member Wilburn voice his support for the request. Majority agreed to consider the request, assuming Terry's consent, when a naming policy is in place, and directed staff to schedule an item for the last meeting in July. 4. (Agenda item # 17 -resolution authorizing... inter-local agreement ... Edward Byrne Memorial Justice Assistance Grant (JAG) Program Awards) -Interim City Manager Helling noted action on the item was time sensitive and asked if there were any questions that required Police attend the formal meeting. Majority agreed to proceed and no Police representative need be present. Council Work Session June 29, 2009 Page 2 PLANNING AND ZONING ITEMS "a,b" PCD Director Davidson present for discussion of the following items (power point presentation archived): a) ORDINANCE AMENDING TITLE 14, ZONING, ADDING A BUSINESS SERVICES LAND USE CATEGORY, MODIFYING THESTREET 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. (SECOND CONSIDERATION) b) SENDING 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. (0009-001) COUNCIL APPOINTMENTS Historic Preservation Commission -David McMahon Library, Board of Trustees - Linzee Kull McCray & Thomas Dean; re-advertise one Telecommunications Commission -Saul Mekies BUDGET PRIORITIES & FRANCHISE FEE (IP2 of 6/25 Info Packet) Interim City Manager Helling and City Atty. Dilkes facilitated discussion regarding the franchise fee memo.. Majority agreed to pursue discussion of the franchise fee for public safety, and requested information regarding: ~ Local regulatory costs ~ Information on "classes" of customers ~ Impact on state school infrastructure tax (SILO) and local option tax STAFF ACTION: Proceed as outlined. (Helling) INFORMATION PACKET DISCUSSION [June 78 & 25j (IP8 of June 18 Info Packet -Press Release .... Drawing to select buyers for new home program ...) Council Member Correia noted program and requested an update on the City selling homes on Longfellow as part of the Affordable Dream Home Program. Staff will follow up. CITY MANAGER SEARCH Majority agreed to wait until a new Council is seated in 2010 to begin the search, and pursue after the budget is decided. Council Work Session June 29, 2009 Page 3 COUNCIL TIME 1. Council Member Wright noted earlier discussion regarding FBI's infiltration of a peace group that was meeting in Iowa City, and the decision to place the item on the pending list for discussion of passing a resolution opposing the FBI's efforts; and suggested Council consider a letter rather than a resolution. City Atty. Dilkes noted the item should be scheduled for discussion. Majority agreed to add the item to the July 6 work session. 2. Council Member Correia requested that plastic recycling receptacles be provided in all youth sports parks in the City. Staff will follow up. BUDGET PRIORITIES (IP4 of 6/25 Information Packet) Mayor Bailey noted her memo suggesting two possible budget reductions for City Council in FY10: freezing the salary at the FY09 rate and reducing IT charges. After discussion a majority agree to proceed with freezing the compensation but make no changes in the IT charges at this time. STAFF ACTION: Prepare action on salary for July 28 Council meeting. (Karr) SCHEDULE OF PENDING DISCUSSION ITEMS None UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS Council Member Champion reminded everyone of the Shelter House groundbreaking Wednesday afternoon, July 1, at 4:30 p.m. DISCUSSION OF MEETING SCHEDULE City Clerk Karr noted that a draft schedule for council meetings in October, November and December would be prepared for discussion in late July; and asked Members to let her know of any absences so she could incorporate those into the draft schedule. Interim City Manager Helling noted the tentative start time for the July 6 work session was 5:30 but that is subject to change depending on the final schedule. Meeting adjourned 8:50 PM. 3a 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 - 6/30/09 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. Moved and seconded 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 La Reyna Grocery Store , 1937 Keokuk St.; Renewal: Class C Liquor License for American Legion ,Roy L Chopek Post #17, 3016 Muscatine Ave.; Class C Liquor License for Fraternal Order of Eagles #695, 225 Hwy 1 West; Special Class C Liquor License for 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 MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION Official Actions June 30, 2009 Page 2 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]. 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 and seconded to accept the petition. The Mayor declared the motion carried. 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 second vote. The Mayor declared the motion carried. Moved and seconded 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. 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 . Moved and seconded 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. 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. Moved and seconded 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 Official Actions June 30, 2009 Page 3 CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Moved and seconded 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. 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- 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. 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- 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded 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. Moved and seconded to accept correspondence from Jean Walker. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. Moved and seconded to accept correspondence from Jean Walker. The Mayor declared the motion carried. Official Actions June 30, 2009 Page.4 Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. Moved and seconded to accept correspondence from Rachel Selden, Heather DeBord, Julia Wilson, C. Jane King, Ayat Ismail, and Lois Hughes. The Mayor declared the motion carried. Moved and seconded to adopt RES. 09-230, ON UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2010 FOR THE CITY ATTORNEY AND CITY CLERK. 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 and seconded 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. Moved and seconded 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 Official Actions June 30, 2009 Page 5 declared the motion carried. 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. Moved and seconded to adjourn 8:10 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 Department. s/Regenia D. Bailey, Mayor s/Marian K. Karr, City Clerk Submit tt~d~publication - 7/8/09. ~~®~ ®,~~ CITY OF IOWA CITl 3a3 MEMORANDUM Date: July 6, 2009 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, July 6, 2009, 6:15 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright UISG Rep.: Shipley Staff: Helling Karr, Dilkes, Moran (A complete transcription is available in the City Clerk's Office and the City website) AGENDA ITEMS 1. (Item # 8 -resolutions establishing a revised schedule of rates and charges ... Oakland Cemetery & # 9 -resolution adopting regulations for Oakland Cemetery ...) In response to Council Member Wright, Acting Parks & Recreation Director Moran reported that staff compared prices around the state, spoke with area funeral directors, and noted that some rates had not changed since 2001. FBI ACTIVITY IN IOWA CITY Council Member Wright proposed a letter be sent to the FBI re the investigation of a local peace group and chilling effect in terms of freedom of speech and freedom of assembly. A majority of Council were not interested in sending the letter. INFORMATION PACKET DISCUSSION [July 2] (IP5 from 7/2 Information Packet -Police Department PAULA Report May 2009) In response to Council Member Hayek, City Atty. Dilkes stated the PAULA reports will be used for each renewal application and reviewed for the 12 month period preceding that particular applicant's anniversary. City Atty. Dilkes added that the guidelines require the Police Chief to recommend denial if the PAULA rate is over 1.0 and in the event the Council chooses not to follow the recommendation to deny the policy itself should be reviewed. 2. (IP6 from 7/2 Information Packet - In response to Council Member Champion, City Atty. Dilkes and City Clerk Karr stated information from Mr. Hegeman regarding a zoning lawsuit is included because Mr. Hegeman had mailed it to the City Council directly. COUNCIL TIME Council Member Champion reported on the Shelter House groundbreaking. Council Work Session July 6, 2009 Page 2 BUDGET PRIORITIES None SCHEDULE OF PENDING DISCUSSION ITEMS (IP2 of 7/2 Information Packet) None UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS Mayor Bailey stated she would be attending the community meeting Thursday evening, July 9, regarding the new location of Hancher and the Arts campus, and encouraging them to look downtown. 2. Mayor Bailey reminded everyone of the ADA celebration planned for Saturday, July 25. 3. Council Member Hayek requested Council schedule discussion of the Justice Center and jail facilities site location. Majority agreed to schedule for work session on July 27, and requested coordinator Bob Elliott be invited to attend and minutes of past committee meetings be provided. DISCUSSION OF MEETING SCHEDULE City Clerk Karr asked that Council Members update her on their October-December absences so a draft Council meeting could be provided for discussion on July 27. 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 - 7/6/09 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as presented: Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Parks and Recreation Commission -May 13, 2009; Public Library -April 23, 2009; Public Library - May 28, 2009. Permit Motions and Resolutions as Recommended by the City Clerk: New: Five-Day Class B Beer Permit for Iowa City Fall Fun Festival Tent A, 2140 Rochester Ave.; Five-Day Class B Beer Permit for Iowa City Fall Fun Festival Tent B, 2140 Rochester Ave.; Renewal: Class C Liquor License for Firewater, 347 S. Gilbert St.; Class C Liquor License for T.C.B., 114 E. College St.; Class C Liquor License for Formosa Asian Cuisine, 241 E. College St.; Class E Liquor License for Hartig Drug Store #10, 701 Mormon Trek Blvd.; Class C Liquor License for IC Uglys, 210 N. Linn St.; Class C Liquor License for 808 Restaurant & Night Club, Inc., 121 Iowa Ave.; Class C Liquor License for Mill Restaurant, 120 E. Burlington St.; Outdoor Service Area for Mill Restaurant, 120 E. Burlington St.; Special Class C Liquor License for Sushi Popo, 725 Mormon Trek Blvd. RES. 09-231, TO ISSUE DANCING PERMIT for Iowa City Fall Fun Festival, Inc., 2140 Rochester Ave.; and Mill Restaurant, 120 E. Burlington St. Public Hearings: RES. 09-232, SETTING A PUBLIC HEARING ON JULY 28, 2009 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY POLICE STORAGE PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 09-233, ACCEPTING THE WORK FOR THE 2008 SUMMER SIDEWALK REPAIR PROJECT; RES. 09-234, RESOLUTION ACCEPTING THE WORK FOR THE 2008 STORM SEWER IMPROVEMENTS; RES. 09-235, APPROVING THE ACCEPTANCE OF THE DEDICATION OF A 0.09 ACRE PARCEL OF LAND ON AUDITOR'S PARCELS 2004120, ALONG SOUTH GILBERT STREET IN IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC RIGHT-OF-WAY. Correspondence: Jean Walker regarding Pedestrian bridge. The Mayor declared the motion carried. Jean Walker, rep. Melrose Neighborhood, presented a poster of historic neighborhood garages to the City. Moved and seconded to accept correspondence from Jean Walker. The Mayor declared the motion carried. July 6, 2009 Official Actions Page 2 Moved and seconded that ORD. 09-4352, 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 passed and adopted. 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- 4353, 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 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 adopt RES. 09-236, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER WILLIAM AND JOAN GILPIN REVOCABLE TRUST, AND TENANT 2-TONE, INC., D/B/A BLUE BIRD DINER, FOR A SIDEWALK CAFE. Moved and seconded to adopt RES. 09-237, AMENDING THE BUDGETED POSITIONS IN THE TRANSPORTATION SERVICES DEPARTMENT AND THE AFSCME PAY PLAN BY DELETING ONE FULL-TIME MAINTENANCE WORKER II -TRANSIT BUILDING MAINTENANCE POSITION AND DELETING THREE FULL-TIME MAINTENANCE WORKER II -PARKING SYSTEMS -DAYS POSITIONS AND ADDING FOUR FULL-TIME MAINTENANCE WORKER II -TRANSPORTATION SERVICES POSITIONS. Moved and seconded to adopt RES. 09-238, ESTABLISHING A REVISED SCHEDULE OF RATES AND CHARGES FOR INTERMENTS, LOT SALES AND OTHER SERVICES IN OAKLAND CEMETERY. Moved and seconded to adopt RES. 09-239, ADOPTING REGULATIONS FOR OAKLAND CEMETERY REGARDING THE RIGHTS OF LOT OWNERS, MAINTENANCE PRACTICES AND RULES FOR VISITORS. 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. (Term expires for Mark Anderson) (3 males and 0 females currently serve); Appeals, Board of to fill a five-year term January 1, 2009 - December 31, 2013, for a Mechanical Professional; Library, Board of Trustees to fill asix- yearterm July 1, 2009 -July 1, 2015; Youth Advisory Commission to fill atwo-year term For one (1) person for Tate High representative, January 1, 2009 -December 31, 2010. (2 males and 2 females currently serve). Applications must be received by 5:00 p.m., Wednesday, July 22, 2009. The Mayor noted the current vacancies: Historic Preservation Commission for a Northside Representative to fill an unexpired term, effective upon appointment, ending March 29, 2011; Housing and Community Development for three vacancies to fill three-year terms September 1, 2009 -September 1, 2012; Police Citizens Review Board for two vacancies to July 6, 2009 Official Actions Page 3 fill four-year terms September 1, 2009 -September 1, 2013, one for a Peace Officer; Youth Advisory Commission for two vacancies to fill unexpired terms, effective upon appointment, plus two-year At Large terms, January 1, 2010 -December 31, 2011 for Two (2) persons, Applications must be received by 5:00 p.m., Wednesday, August 12, 2009. Moved and seconded to accept correspondence from Michelle Han and Patrick Diamitani. The Mayor declared the motion carried. 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 7:12 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 Cle~ ~~i~~~ Submit d for publication - 7/13/09. ?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 7/24/09 Iowa City Council special meeting, 7:00 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Hayek, O'Donnell, Wright. Absent: Correia, Wilburn. Moved and seconded to adopt RES. 09-240, SETTING A PUBLIC HEARING ON JULY 31, 2009 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 404 HAZARD MITIGATION PROPERTY ACQUISITION DEMOLITIONS PROJECT -CONTRACT 1, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Moved and seconded to adjourn meeting 12:03 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 c s/Marian K. Karr, Cit Cler ~ll~t~r/ ~ _~~~ Sub~mttted for publication - 7/27/ 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 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. 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 JULY 6, 2009 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Staff members present: Helling, Dilkes, Karr, O'Brien. Moved by Hayek, seconded by O'Donnell, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as presented: Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Parks and Recreation Commission -May 13, 2009; Public Library -April 23, 2009; Public Library - May 28, 2009. Permit Motions and Resolutions as Recommended by the City Clerk: New: Five-Day Class B Beer Permit for Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival Tent A, 2140 Rochester Ave.; Five-Day Class B Beer Permit for Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival Tent B, 2140 Rochester Ave.; Renewal: Class C Liquor License for Firewater, LLC, dba Firewater, 347 S. Gilbert St.; Class C Liquor License for DTW, Inc., dba T.C.B., 114 E. College St.; Class C Liquor License for J & E, Inc., dba Formosa Asian Cuisine, 241 E. College St.; Class E Liquor License for Hartig Drug Co., Inc., dba Hartig Drug Store #10, 701 Mormon Trek Blvd.; Class C Liquor License for Pub Gals, Inc., dba IC Uglys, 210 N. Linn St.; Class C Liquor License for 808 Restaurant & Night Club, Inc., dba 808 Restaurant & Night Club, Inc., 121 Iowa Ave.; Class C Liquor License for I.C. Mill Associates, LLC, dba Mill Restaurant, 120 E. Burlington St.; Outdoor Service Area for I.C. Mill Associates, LLC, dba Mill Restaurant, 120 E. Burlington St.; Special Class C Liquor License for P & M Restaurant, Inc. dba Sushi Popo, 725 Mormon Trek Blvd. RES. 09-231, TO ISSUE DANCING PERMIT for Iowa City Fall Fun Festival, Inc., 2140 Rochester Ave.; and I.C. Mill Associates, LLC, dba Mill Restaurant, 120 E. Burlington St. Public Hearings: RES. 09-232, SETTING A PUBLIC HEARING ON JULY 28, 2009 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY POLICE STORAGE PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 09-233, ACCEPTING THE WORK FOR THE 2008 SUMMER SIDEWALK REPAIR PROJECT; RES. 09-234, RESOLUTION ACCEPTING THE WORK FOR THE 2008 STORM SEWER IMPROVEMENTS; RES. 09-235, APPROVING THE ACCEPTANCE OF THE DEDICATION OF A 0.09 ACRE PARCEL OF LAND ON AUDITOR'S PARCELS 2004120, ALONG SOUTH GILBERT STREET IN IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC RIGHT-OF-WAY. Correspondence: Jean Walker regarding Pedestrian bridge. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Jean Walker, rep. Melrose Neighborhood, presented a poster of historic neighborhood garages to the City. Moved by O'Donnell, seconded by Correia, to accept correspondence July 6, 2009 Complete Description Page 2 from Jean Walker. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Wright, that ORD. 09-4352, 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 passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by O'Donnell, 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. 09-4353, 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 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 O'Donnell, seconded by Wright, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Correia, to adopt RES. 09-236, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER WILLIAM AND JOAN GILPIN REVOCABLE TRUST, AND TENANT 2- TONE, INC., D/B/A BLUE BIRD DINER, FOR A SIDEWALK CAFE. 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 adopt RES. 09-237, AMENDING THE BUDGETED POSITIONS IN THE TRANSPORTATION SERVICES DEPARTMENT AND THE AFSCME PAY PLAN BY DELETING ONE FULL-TIME MAINTENANCE WORKER II - TRANSIT BUILDING MAINTENANCE POSITION AND DELETING THREE FULL-TIME MAINTENANCE WORKER II -PARKING SYSTEMS -DAYS POSITIONS AND ADDING FOUR FULL-TIME MAINTENANCE WORKER II - TRANSPORTATION SERVICES POSITIONS. Transportation Services Director O'Brien present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Hayek, to adopt RES. 09-238, ESTABLISHING A REVISED SCHEDULE OF RATES AND CHARGES FOR INTERMENTS, LOT SALES AND OTHER SERVICES IN OAKLAND CEMETERY. 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. 09-239, ADOPTING REGULATIONS FOR OAKLAND CEMETERY REGARDING THE RIGHTS OF LOT OWNERS, MAINTENANCE PRACTICES AND RULES FOR VISITORS. 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 July 6, 2009 Complete Description Page 3 term January 1, 2009 -December 31, 2013; Airport Zoning Commission to fill asix-year term January 1, 2006 -December 31, 2011. (Term expires for Mark Anderson) (3 males and 0 females currently serve); Appeals, Board of to fill afive-year term January 1, 2009 - December 31, 2013, for a Mechanical Professional; Library, Board of Trustees to fill. asix- yearterm July 1, 2009 -July 1, 2015; Youth Advisory Commission to fill atwo-year term For one (1) person for Tate High representative, January 1, 2009 -December 31, 2010. (2 males and 2 females currently serve). Applications must be received by 5:00 p.m., Wednesday, July 22, 2009. The Mayor noted the current vacancies: Historic Preservation Commission for a Northside Representative to fill an unexpired term, effective upon appointment, ending March 29, 2011; Housing and Community Development for three vacancies to fill three-year terms September 1, 2009 -September 1, 2012; Police Citizens Review Board for two vacancies to fill four-year terms September 1, 2009 -September 1, 2013, one for a Peace Officer; Youth Advisory Commission for two vacancies to fill unexpired terms, effective upon appointment, plus two-year At Large terms, January 1, 2010 -December 31, 2011 for Two (2) persons, Applications must be received by 5:00 p.m., Wednesday, August 12, 2009. Moved by Wright, seconded by Correia, to accept correspondence from Michelle Han and Patrick Diamitani. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. 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 acknowledged the poster presented earlier in the evening by Melrose Neighborhood representative Jean Walker and asked that a place be found in City Hall to display it. Council Member Hayek noted the City had dodged the bad weather for an excellent fireworks show. Council Member Wilburn thanked all volunteers, Hope House, and all involved in the successful Jazz Festival week-end. Mayor Pro tem O'Donnell echoed comments from Councilor Hayek regarding the fireworks and complimented City Clerk Karr for her efforts. Mayor Bailey expressed sympathy to the Trueblood family on the recent death of Parks & Recreation Director Terry Trueblood; complimented those involved with the fireworks and Jazz Festival and the partnership of the University the past two years. Interim City Manager Helling stated Parks & Recreation Director Trueblood would be sorely missed in this community and announced service arrangements. Moved by O'Donnell, seconded by Hayek, to adjourn 7:12 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 JULY 24, 2009 Iowa City Council special meeting, 7:00 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Hayek, O'Donnell, Wright. Absent: Correia, Wilburn. Staff member present: Helling, Dulek, Smith, Karr. Moved by O'Donnell, seconded by Champion, to adopt RES. 09-240, SETTING A PUBLIC HEARING ON JULY 31, 2009 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 404 HAZARD MITIGATION PROPERTY ACQUISITION DEMOLITIONS PROJECT - CONTRACT 1, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Affirmative roll call vote unanimous, 5/0, Correia, Wilburn absent. The Mayor declared the resolution adopted. Moved by Hayek, seconded by O'Donnell, to adjourn meeting 12:03 p.m. The Mayor declared the motion carried unanimously, 5/0, Correia, Wilburn absent. Regenia D. Bailey, Mayor Marian K. Karr, City Clerk