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HomeMy WebLinkAbout2009-09-15 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 SEPTEMBER 15, 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, Panos, Boothroy, Hargadine. The Mayor proclaimed Constitution Week -September 13-19, 2009, Ann Weber, Regent Pilgrim DAR Chapter accepting; Community Development Day -September 17, 2009, Charlie Drum, Vice Chair Housing & Community Development Commission accepting; (Council Member and City High Alumnus Hayek read) City High School Recognition Week - September 27-October 3, 2009, Mark Hanson, Principal, and Charlie Gay, First City High Class President accepting. Moved by Wilburn, seconded by Champion, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended. Moved by Wright, seconded by Correia, to omit from the Consent Calendar Item 3c(3), a Special Class C Liquor License for 2-Tone, Inc. dba Bluebird Diner, 330 E. Market Street. The Mayor declared the motion to amend carried unanimously, 7/0, and called for the vote on the Consent Calendar as follows: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: August 17, Regular Council Work Session; August 18, 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): Parks & Recreation -June 10, 2009; Historic Preservation Commission -July 9, 2009; Youth Advisory Commission - August 6, 2009; Planning and Zoning Commission -July 16, 2009; Police Citizens Review Board -June 8, 2009; Human Rights Commission -July 21, 2009; Planning and Zoning Commission -August 20, 2009; Police Citizens Review Board -August 11, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Hall Place Ventures, Corp., dba Airliner Bar, 22 S. Clinton St.; Class C Beer Permit for Hawkeye Oil Company dba Scott Blvd. Hawkeye Convenience Store, 2875 Commerce Dr.; Class C Beer Permit for L & M Mighty Shop, Inc., dba L & M Mighty Shop, Inc., 504 E. Burlington St.; Class C Liquor License for Corner of the Meadow, Inc., dba Motley Cow Cafe, 160 N. Linn St.; Class C Liquor License for Cream, LLC, dba Union Bar, 121 E. College St.; Class C Liquor License for I.C.B.B., Ltd., dba Brown Bottle, 115 E. Washington St.; Class C Beer Permit for Hy-Vee, Inc., dba Hy-Vee Gas #1, 260 Stevens Dr.; Class C Beer Permit for Kum & Go, LC, dba Kum & Go #51, 323 E. Burlington St.; Class C Beer Permit for Kum & Go, LC, dba Kum & Go #52, 25 W. Burlington St.; Class C Beer Permit for Kum & Go, LC, dba Kum & Go #53, 955 Mormon Trek Blvd.; Special Class C Liquor License for Zio Johno's, Inc., dba Zio Johno's Iowa City, 953 S. Riverside Dr.; Class C Beer Permit for Parth Mini Mart, Inc., dba Parth Mini Mart, 2153 ACT Cir.; Class C Beer Permit for ND Complete Description September 15, 2009 Page 2 Express, Inc., dba North Dodge Express, 2790 N. Dodge St.; Class C Beer Permit for Dan's Short Stop Corp. dba Dan's Short Stop Corp., 2221 Rochester Ave.; Class E Liquor License for Jason Caylor dba Liquor Downtown, 313 S. Gilbert St. Motions: Approve disbursements in the amount of $41,982,513.60 for the period of July 1 through July 31, 2009, as recommended by the Finance Director subject to audit. Public hearing: Set a public hearing for September 29, 2009 on a lease with the Joint Emergency Communications Services Association of Johnson County for placement of a Monopole Telecommunications Tower at the Iowa City Industrial Park; RES. 09-295, SETTING A PUBLIC HEARING FOR OCTOBER 6, 2009 ON AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," ARTICLE 3 ENTITLED "POTABLE WATER USE AND SERVICE," OF THE CITY CODE TO INCREASE OR CHANGE RESIDENTIAL WATER SERVICE CHARGES AND FEES. Resolutions: RES. 09-296, APPROVING THE CITY STREET FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2009; RES. 09-297, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, TRAIL, CERTAIN SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS FOR GALWAY HILLS SUBDIVISION -PART TEN, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 09-298, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 35 TREVOSE PLACE, IOWA CITY, IOWA. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of on-street metered parking spaces, establishment of parking meter terms, and establishment of a NO PARKING 2 AM-6 AM TOW AWAY ZONE on the 300 block of Linn Street and the 200 block of Court Street; JCCOG Traffic Engineering Planner regarding Remove NO PARKING ANYTIME signs with ARROWS in front of 1421 Ridge Street; JCCOG Traffic Engineering Planner regarding Establishment of a NO PARKING 2 AM - 6AM TOW AWAY ZONE on the 100 block of Wright Street; Southeast Iowa City Public Safety previously distributed in the 9/3 Information Packet, staff responses included] Laura and Nick Bergus, Joyce Barker, Janet Soboroff, Jacqueline Smetack, Sam Forgy, James Mims, David Etler, Jane Klitzka, Patty Villhauer, Cindy Roberts(x2), Russell Haught, Doug Alberhasky, (the following correspondence was distributed at the 9/10 Special Work Session, staff responses included, and are in the 9/3 Information Packet)J Rod Sullivan, Garry Klein, Li-Hsien Lin, Katrina Smith, Lorraine Bailey, Omnia Abdelgadir-Mohamed, Wesley Carter (the following correspondence was distributed at the 9/14 work session] Bharati Windman; Elias Zaharias regarding Degeneration of Iowa City; Christy Schelling regarding Traffic control request on Shannon Drive [staff response included]; Rena Nerhus regarding Pet Central Station [staff response included]; Mary Sturm regarding Parkview Terrace [staff response included]; Alisa Meggitt regarding PATV letter of support; Jay Gatlin regarding Housing and Development Committee [staff response included]; Lorraine Complete Description September 15, 2009 Page 3 Bailey, Judith Pascoe (2), Annie Nilsson, James Derderian, Mary Ann Rasmussen letters regarding Chicken ordinance; Terri Miller Chait (2), Sally Cline letters regarding Idyllwild Development; Elizabeth Maher regarding Flood mitigation information; Margie Peskin regarding Bicycling in Iowa City [staff response included]; Charles Jones regarding Greenville Proposal. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wright, seconded by Correia to approve Item 3c(3), Special Class C Liquor License for 2-Tone, Inc. dba Bluebird Diner, 330 E. Market Street. Affirmative roll call vote unanimous, 6/0/1, Hayek abstaining. The Mayor declared the motion carried. Caroline Dieterle, 727 Walnut St., appeared regarding the proposed franchise fee; the procedure for buying playground equipment and the safety and operating order of equipment in the City park near the Dodge Street bridge; and raising of backyard chickens within the City. Jeff Shipley, UISG City Council Liaison, appeared regarding the proposed franchise fee and alternative revenue options. Kate Paxton, 141 Green Mountain Dr., presented Council with a thank you note from the Iowa City String Orchestra for the $400 community event funding they received, and invited everyone to the November 7 concert at the Englert Theater. Elizabeth Cummings, 725 Bradley St., addressed the proposed backyard chicken ordinance. Charles Jones appeared regarding the Greenville Proposal, and the possibility of moving the houses damaged with last year's flooding rather than demolishing them. Parks & Recreation Commission Chair John Westefeld, 4831 Southchase Ct., thanked Council for taking formal action to name the San Lake recreational area after former Parks & Recreation Director Terry Trueblood and updated Council on activities of the Commission. Yale Cohn, 924 Iowa Ave., acknowledged the Police Department on the number of recent arrests for crimes in the southeast side of the City. Iowa City Airport Commissioner Greg Farris, 423 Church St., updated Council on activities at the airport. Moved by Wilburn, seconded by Hayek, to set a public hearing for September 29 on an ordinance amending Title 14, Zoning to allow Communication Towers in the Interim Development Residential (ID-RS and ID-RM) Zones by Special Exception. (REZ09-00004). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Wright, to set a public hearing for September 29 on an ordinance rezoning 3,450 square feet of land located at 611 Southgate Avenue from Community Commercial (CC-2) to Intensive Commericial (CI-1) (REZ09-00005). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Hayek, seconded by Wilburn, to adopt RES. 09-299, APPROVING THE EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF JOHNSON COUNTY EXTENSION SERVICE SUBDIVISION, JOHNSON COUNTY, IOWA (SUB09-00006/SUB09- 00007). 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 acquisition of property interests necessary for construction of the Sycamore Street from Langenberg Avenue to Deforest Avenue Improvement Project. Jerry Lehman, 5025 - 420th Street NE, appeared. Sr. Civil Engr. Panos present for discussion. Individual Council Members expressed their views. Moved by Wilburn, seconded by Wright, to adopt RES. 09-300, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE Complete Description September 15, 2009 Page 4 SYCAMORE STREET FROM LANGENBERG AVENUE TO DEFOREST AVENUE IMPROVEMENT PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, that the ordinance amending Title 4, Alcoholic Beverages, Chapter 2, Liquor Licenses and Beer Permits, Section 3, Local Review of Application /Investigation of Applicant, 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 Correia, to adopt RES. 09-301, ESTABLISHING ANNUAL PASS FEES FOR THE THORNBERRY OFF-LEASH DOG PARK AND RITA'S RANCH DOG PARK. 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. 09-302, AWARDING CONTRACT, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA PHASE ONE PROJECT (FORMERLY KNOWN AS SAND LAKE RECREATION AREA) to Howery Construction for base bid and alternate of $355,613.05. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Champion, to adopt RES. 09-303, ADOPTING A COMPLAINT FEE POLICY FOR CODE VIOLATIONS. 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 Correia, to adopt RES. 09-304, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A THREE-YEAR CONTRACT WITH CITY CARTON COMPANY, INC. FOR RECYCLING PROCESSING SERVICES. 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 Hayek, to adopt RES. 09-305, SUPPORTING THE NAMING OF THE US HIGHWAY 6 BRIDGE LOCATED IN THE CITY OF IOWA CITY, IOWA THE BRIGADIER GENERAL JOHN CORSE MEMORIAL BRIDGE. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Wright, Champion, Correia, Hayek, O'Donnell, Wilburn. Nays: Bailey. Absent: None. Moved by Wright, seconded by Hayek, to adopt RES. 09-306, AWARDING CONTRACT, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY POLICE STORAGE PROJECT to Tricon General Construction for base bid and alternate of $331,900.00. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Hayek, seconded by Wilburn, to adopt RES. 09-307, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FY09 LANDFILL GRADING PROJECT to Tom Kueter Construction, Inc. Peosta, IA for $1,082,004.50. Affirmative roll cal vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description September 15, 2009 Page 5 Moved by Hayek, seconded by Wilburn, to adopt RES. 09-308, APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF TRANSPORTATION TO JOINTLY PARTICIPATE IN PROJECT COSTS FOR THE BURLINGTON STREET / US HWY 6 BRIDGES FLOOD REPAIR PROJECT [ER- 3715(641)--8R-52 AND ER-3715(642)--8R-52]. 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. 09-309, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A COOPERATIVE AGREEMENT AMONGST THE IOWA DEPARTMENT OF TRANSPORTATION, THE UNIVERSITY OF IOWA, AND THE CITY OF IOWA CITY FOR THE BURLINGTON STREET PEDESTRIAN BRIDGE REHABILITATION PROJECT [BRFN-6-7(76)--39-52]. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Wright, that the ordinance amending Title 8, Police Regulations, Chapter 6, persons under eighteen years of age, to add a new Section 2, Juvenile Curfew to add a new juvenile curfew ordinance, be given first vote. The following individuals appeared: Theresa McKenzie, 2511 Aster Ave.; Cindy Roberts, 2034 Grantwood St.; Lucy Kampie, City High student; Kelsey Sheets. City High Student; Diane Finnerty,728 Dearborn St.; Yale Cohn, 924 Iowa Ave.; Janice Robinson; Joyce Barker, 2018 Waterfront Dr.; Kenya Badgett, 1929 Lakeside Dr.; Scott Hamlin, 1902 Grantwood St.; Brennan Bogert, Regina High student; Brandi Mastain, 2408 Whispering Prairie; Ros Hayslett, 1902 Grantwood St.; Jane Klitzka, 2305 Hollywood; Garry Klein; and Charles Jones. Police Chief Hargadine present for discussion. Moved by O'Donnell, seconded by Wright, to accept photographs presented by Mr. Hamlin. The Mayor declared the motion carried unanimously, 7/0, all Council Members present.. Individual Council Members expressed their views. The Mayor declared the motion carried on first consideration of the ordinance, 4/3, with the following division of roll call vote. Ayes: O'Donnell, Wright, Champion, Hayek. Nays: Correia, Bailey, Wilburn. Absent: None. Moved by Wright, seconded by O'Donnell, that the ordinance amending Title 8, Police Regulations, Chapter 5, Miscellaneous Offenses, to add a new Section 11, entitled "Standing, Loitering and Obstructing Persons," be given first vote. The following individuals appeared: Kenya Badgett, 1929 Lakeside Dr.; Garry Klein; and Brandi Mastain, 2408 Whispering Prairie. Moved by Correia, seconded by Wilburn, to remove sidewalks and trails from the ordinance. Individual Council Members expressed their views. The Mayor declared the motion defeated, 1/6, with the following division of voice vote: Ayes: Correia. Nays: Bailey, Champion, Hayek, O'Donnell, Wilburn, Wright. Absent: None. The Mayor declared the motion carried on first consideration of the ordinance, 6/1, with the following division of roll call vote. Ayes: Wilburn, Wright, Bailey, Champion, Hayek, O'Donnell, Wilburn. Nays: Correia. Absent: None. Moved by Correia, seconded by Hayek, to make the following appointments to Boards and Commissions: appoint Robert Anderson, 529 S. Governor, to the Board of Adjustment to fill an unexpired term, effective upon appointment, ending January 1, 2012; appoint Dana Thomann, 208 Fairchild, to the Historic Preservation Commission as a Northside Representative to fill an unexpired term, effective upon appointment, ending March 29, 2011. Complete Description September 15, 2009 Page 6 (New District); appoint Jarrod Gatlin, 2109 Union Road and Rachel Zimmermann, 905 Wylde Green Road, to the Housing and Community Development to fill three-year terms September 1, 2009 -September 1, 2012. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted that no applications had 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 afive-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Youth Advisory Commission to fill (2) At Large unexpired terms, effective upon appointment, plus two-year terms January 1, 2010 -December 31, 2011; 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. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] The Mayor noted the current vacancies: Airport Zoning Commission to fill a six-year term January 1, 2010 -December 31, 2015; Appeals, Board of to fill afive-year term January 1, 2010 -December 31, 2014, for a Building Design Professional; Human Rights Commission for three vacancies to fill three-year terms January 1, 2010 -January 1, 2013; Parks and Recreation Commission for two vacancies to fill four-year terms January 1, 2010 - January 1, 2014; Public Art Advisory Committee to fill athree-year term January 1, 2010 - January 1, 2013, for an Art/Design Professional; Senior Center Commission for three vacancies to fill three-year terms January 1, 2010 -December 31, 2012. Youth Advisory Commission for two vacancies to fill two-year terms One (1) person -Regina High, One (1) person - At-Large, January 1, 2010 -December 31, 2011. Applications must be received by 5:00 p.m., Wednesday, October 28, 2009. Council Member Wilburn congratulated former Iowa Women's Basketball Coach C. Vivian Stringer on her recent induction in to the Basketball Hall of Fame. Mayor Bailey congratulated University Professor Linda Kerber on recent induction into the Iowa Women's Hall of Fame; and called attention to the City's receipt of an I-Jobs Grant for the fourth fire station and work at the north waste water treatment plant. Moved by Wilburn, seconded by O'Donnell, to adjourn meeting 10:05 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council bers prese t. is D. Bailey, M Ma-'tan K. Karr, City Clerk r ~.'-~®~,~ CiTY CAF i4WA CIT`>( 3a(1) RAC E~C~ Date: August 25, 2009 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, August 17, 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, Rackis, Bollinger, Fosse, Elias, Nations, Jordan, Hargadine (A complete transcription is available in the City Clerk's Office and the City website) PLANNING AND ZONING ITEMS [b,c,d,e] PCD Dir. Davidson presented information on the following items: a) PUBLIC HEARING ON AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY4.29 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) Deferral to September 29tH b) APPROVING A TWO YEAR EXTENSION OF THE PRELIMINARY PLANNED DEVELOPMENT PLAN AND SENSITIVE AREAS DEVELOPMENT PLAN (REZ06-00026) 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. (SECOND CONSIDERATION) c) APPROVING A TWO YEAR EXTENSION OF THE PRELIMINARY PLAT OF WHISPERING MEADOWS SUBDIVISION, PART 4, IOWA CITY, IOWA. d) APPROVING THE FINAL PLAT OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA CITY, IOWA. (SUB09-00003) e) APPROVING THE FINAL PLAT OF STONE BRIDGE ESTATES, PART SIX, IOWA CITY, IOWA. (SUB09-00005) COUNCIL APPOINTMENTS Historic Preservation Commission -Andy Chappell, readvertise other two for gender balance Housing & Community Development Commission - re-advertise, no applicants Police Citizens Review Board -Joseph Treloar (peace officer) and Vershawn Ashanti Young Youth Advisory Commission - re-advertise, no applicants Council Work Session August 17, 2009 Page 2 AGENDA ITEMS 1. (Agenda item # 11 -resolution approving funding ... Corridor Drywall ... CDBG ... Economic Development Fund ...) In response to Council Member Correia, PCD Director Davidson stated that CD Planner Hightshoe would be present at the formal meeting to address questions related to the 1 % loan rate. 2. (Agenda item # 8 -public hearing and resolution approving plans, specifications, .... Terry Trueblood Recreation Area Project ...) PCD Director Davidson and Public Works Director Fosse present for discussion. Staff will report at the formal meeting on whether the trail would be bid as asphalt or concrete. 3. (Items # 13 -resolution awarding contract ... Burlington /Highway 6 Bridges Flood Repair Project & # 14 -resolution awarding contract ...404 Hazard Mitigation Property Acquisition Demolitions Project ...) In response to Council Member Wright, City Clerk Karr stated bids had been opened after distribution of the agenda packet and bid information will be distributed at the formal meeting. 4. (Item # 12 -resolution ... change from calendar parking to odd /even date parking ...) Public Works Director Fosse present for discussion, and will respond to a possible effective date at the formal meeting after checking on installation of signs. 5. (Item# 16 -Resolution ... Mediacom ... rates for basic cable services) In response to question, Acting City Manager Helling clarified that the annual decrease applies to the basic level subscription only. REVIEW OF STP & TRANSPORTATION ENHANCEMENT GRANT APPLICATIONS [IP2 of 8/131nfo Packet] PCD Director Davidson and Public Works Director Fosse presented a power point (archived with the City Clerk) overview. After discussion, Council directed staff to delete (from the list presented) two applications - Foster Road, Dubuque Street to Prairie du Chien - $1 million - Intersection of Gilbert Street and U.S. Highway 6 - $4.2 million and agreed to proceed with consensus rather than adoption of a resolution prior to JCCOG consideration and action. STAFF ACTION: Proceed as outlined. (Davidson and Fosse) PENDING GRANT APPLICATION STATUS [IP3 of 8/131nfo Packet] PCD Director Davidson and Public Works Director Fosse distributed larger print color copies of the summary page, and presented a general overview of the requests.. STAFF ACTION: Provide updates periodically (Davidson) SOUTHEAST IOWA CITY PUBLIC SAFETY ISSUES [ref 8/18 agenda #2e(2)] Acting City Manager Helling, Police Chief Hargadine and City Atty. Dilkes provided information. After discussion, Council Members agreed: • to provide City Clerk Karr possible special work session meeting dates • directed staff to prepare drafts of a curfew ordinance and a juvenile delinquency behavioral ordinance for consideration at the special meeting held prior to September 14 • requested staff contact MidAmerican regarding efficiency program for neighbors wishing to leave outdoor lights on Council Work Session August 17, 2009 Page 3 • investigate greater police resources STAFF ACTION: Special work session set for September 10; draft ordinances being distributed in September 3 information packet. (Dilkes, Karr) SITE SELECTION OF JUSTICE CENTER [IP4 of 8/131nfo Packet] Majority agreed to continue to monitor the discussions, and discuss when further information becomes available on the split concept versus one facility. STAFF ACTION: Provide copies of Justice Committee minutes as they are posted. (Karr) GREENHOUSE GAS ASSESSMENT UPDATE [IP5 of 8/13 Info Packet] Supt. of Wastewater and Landfill Elias and Environmental Coordinator Nations presented a power point (archived with the City Clerk). University of Iowa Facilities Management Sr. Engr. Ferman Milster also present. STAFF ACTION: Proceed as outlined. (Elias, Nations) CURBSIDE RECYCLING CONTRACT [IP6 of 8/131nfo Packet] Supt. of Wastewater and Landfill Elias and Recycling Coordinator Jordan presented a power point (archived with the City Clerk). Public Works Director Fosse present for discussion. Council agreed to: ^ renew City Carton contract to continue curbside procedure with option to switch over to single stream in less than 3 years ^ provide a conversion plan for single stream in 18 months, including cost summary for implementation in less than 3 years STAFF ACTION: Prepare resolution for City Council consideration of City Carton contract. (Jordan, Fosse) INFORMATION PACKET DISCUSSION [7/30 & 8/13] Council Members acknowledged the Budget to Actual Comparison for Fiscal Year Ended June 30 (IP11 of 8/13 Info Packet) from the Finance Director, and the useful information provided in the report COUNCIL TIME Mayor Bailey noted that Los Coco's had voluntary closed and asked if there was interest in asking them to voluntarily surrender their license. City Clerk Karr reported that the establishment had contacted the City Clerk's office regarding the procedure. JOINT MEETING AGENDA ITEMS [IP7 of 8/131nfo Packet] Majority agreed to submit the following items: 1. Justice Center Update 2. School Violence 3. Updates of curfew regulations 4. Waiver of FY10 property taxes for flood related buyout properties STAFF ACTION: Items sent to the County for inclusion on the agenda. (Karr) BUDGET PRIORITIES None Council Work Session August 17, 2009 Page 4 SCHEDULE OF PENDING DISCUSSION ITEMS [IP8 of 8/131nfo Packet] Urban chickens discussion was confirmed for September 14 work session. UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS The following events were noted: ACT reception ~- Taste of Iowa City United Way campaign kick-off Landlocked Film Festival In response to Acting City Manager Helling, Council agreed to discontinue getting the detailed Use of Force reports from the Police Department and continue to receive the summary memo from the Police Department every two months. DISCUSSION OF MEETING SCHEDULE None Meeting adjourned 9:35 PM ~~ ~ ., .~ Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost of this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 8/18/09 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. 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. July 27, Special Council Work Session; July 28, Special Council Formal Official and Complete; July 31, 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). Public Library -June 25, 2009; Telecommunications Commission -June 22, 2009; Youth Advisory Commission -July 22, 2009; Youth Advisory Commission -July 24, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for EI Banditos, 327 E. Market St. Renewal: Class C Beer Permit for I.C. Pit Stop, 300 Kirkwood Ave.; Class C Liquor License for One Twenty Six, 126 E. Washington St.; Class C Beer Permit for Liquor Downtown, 313 S. Gilbert St.; Class C Liquor License for Blackstone, 503 Westbury Dr. Suite 1; Class C Liquor License for George's Buffet, 312 E. Market St.; Class C Beer Permit for Casey's General Store #2761, 204 N. Dubuque St.; Class C Liquor License for Takanami, 219 Iowa Ave.; Special Class C Liquor License for Englert Theatre, 221 E. Washington St.; Class C Liquor License for Atlas World Grill, Inc., 127 Iowa Ave.; Class C Liquor License for Short's Burger and Shine, 18 S. Clinton St.; Special Class C Liquor License for T. Spoons, 301 Market St.; Class C Beer Permit for New Pioneer Co Op Fresh Food Market, 22 S. Van Buren, St.; Class C Liquor License for Chipotle Mexican Grill , 201 S. Clinton St. Suite 112; Class C Beer Permit for Casey's General store #2781, 1410 Willow Creek Dr. Resolutions: RES. 09-272, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING. A MORTGAGE FOR THE PROPERTY LOCATED AT 1220 SOUTH FIRST AVENUE, IOWA CITY, IOWA; RES. 09-273, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RESALE AND OCCUPANCY AGREEMENT REGARDING THE PROPERTY LOCATED AT 1220 SOUTH FIRST AVENUE, IOWA CITY, IOWA; RES. 09-274, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1010 S. FIRST AVENUE, IOWA CITY, IOWA; RES. 09-275, CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE August 18, 2009 Official Actions Page 2 CITY OF IOWA CITY AND HILLS BANK AND TRUST, HILLS, IOWA FOR PROPERTY LOCATED AT 37 COLWYN COURT, IOWA CITY, IOWA; RES. 09-276, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND DEERE HARVESTER CREDIT UNION, MOLINE, ILLINOIS FOR PROPERTY LOCATED AT 2221 A STREET, IOWA CITY, IOWA; RES. 09-277, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 431 NORTH VAN BUREN STREET, IOWA CITY, IOWA; RES. 09-278, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 1925 FRIENDSHIP STREET, IOWA CITY, IOWA; RES. 09-279, ACCEPTING THE WORK FOR THE CLINTON STREET -DAVENPORT STREET STORM SEWER IMPROVEMENTS PROJECT; RES. 09-280, ACCEPTING THE WORK FOR THE CITY ATTORNEY AND COUNCIL OFFICE REMODELING PROJECT; RES. 09-281, ACCEPTING THE WORK FOR THE FIRE STATION #2 DEMOLITION AND CONSTRUCTION PROJECT. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of (1) NO PARKING CORNER TO HERE sign and (1) NO PARKING HERE TO ALLEY sign on the north side of the 100 block of Wright Street; Criminal activity Southeast Iowa City area [Council and staff responses included] letters from: Lorraine Bailey, Linda Davies, Mark Edwards, Cathy Fehr, AI Gibson, Scott Hamlin, Angie Klein, One of many concerned citizens of Regal Lane, Jenny Panther, Craig Thompson, Dennis Kowalski, Rod Sullivan, Jane Klitzka; Kay Kramer regarding Downtown Iowa City; Michael Connell regarding Thoroughfare; Terry Trueblood Recreation Area letters from Jean Walker, John Westefeld; Jean Hood regarding Location of arts campus; Marshall Poe and family regarding Housing code enforcement/Illegal parking [staff response included]; John Neff regarding Field House Bar; Daniel Rupkey regarding Revocation of liquor license; Terrance Croson regarding Unenforced city codes [staff response included]; Cari Malone regarding Forum at the Senior Center. The Mayor declared the motion carried. Caroline Dieterle, 727 Walnut St., appeared regarding signage for the Library 20 minute parking spots and possible expansion of 20 minute parking for the entire one side of Linn Street. The following individuals appeared regarding Southeast Iowa City public safety issues: Brandi Mastain, 2408 Whispering Prairie Ave.; Ray Davies, 9 Regal Lane; Yale Cohn, 924 Iowa Ave.; Jon Kerstetter, 2388 Russell Dr.; and Richard Wootonn, 2410 Miami Dr. Jon Kerstetter, 2388 Russell Dr., requested a library branch on the east side of Iowa City. A public hearing was held 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). Moved and seconded to continue public hearing to September 29. 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- August 18, 2009 Official Actions Page 3 4354, APPROVING A TWO YEAR EXTENSION OF THE PRELIMINARY PLANNED DEVELOPMENT PLAN AND SENSITIVE AREAS DEVELOPMENT PLAN (REZ06-00026) 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 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. 09-282, APPROVING A TWO YEAR EXTENSION OF THE PRELIMINARY PLAT OF WHISPERING MEADOWS SUBDIVISION, PART 4, IOWA CITY, IOWA. Moved and seconded to adopt RES. 09-283, APPROVING THE FINAL PLAT OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA CITY, IOWA (SUB09-00003). Moved and seconded to adopt RES. 09-284, APPROVING THE FINAL PLAT OF STONE BRIDGE ESTATES, PART SIX, IOWA CITY, IOWA (SUB09-00005). A public hearing was held on a resolution authorizing conveyance of a single family home located at 840 Longfellow Place. Moved and seconded to adopt RES. 09-285, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 840 LONGFELLOW PLACE. A public hearing was held on a resolution authorizing conveyance of a single family home located at 842 Longfellow Court. Moved and seconded to adopt RES. 09-286, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 842 LONGFELLOW COURT. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the FY09 Landfill Grading 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. 09-287, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY09 LANDFILL GRADING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Phase One-Trail Development of the Terry Trueblood Recreation Area 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. 09-288, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PHASE ONE-TRAIL DEVELOPMENT OF THE TERRY TRUEBLOOD RECREATION AREA 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 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 August 18, 2009 Official Actions Page 4 passed be suspended, the second consideration and vote be waived, and that ORD. 09- 4355, 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 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 defer to September 15 a resolution establishing annual pass fees for the Thornberry Off-Leash Dog Park and Rita's Ranch Dog Park. The Mayor declared the motion carried. Moved and seconded to adopt RES. 09-289, APPROVING FUNDING FOR CORRIDOR DRYWALL LLC FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) -ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Moved and seconded to adopt RES. 09-290, AUTHORIZING A CHANGE FROM CALENDAR PARKING TO ODD/EVEN DATE PARKING FOR STREETS WHICH CURRENTLY HAVE CALENDAR PARKING. The following individuals appeared: Dave Moore, 425 Davenport St.; Roger Anderson, 1310 Cedar St.; and Caroline Dieterle, 727 Walnut St. Moved and seconded to adopt RES. 09-291, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE BURLINGTON / US HWY 6 BRIDGES FLOOD REPAIR PROJECT [ER-3715(641)--8R-52 & ER-3715(642)--8R-52]. Moved and seconded to adopt RES. 09-292, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 404 HAZARD MITIGATION PROPERTY ACQUISITION DEMOLITIONS PROJECT. Moved and seconded to adopt RES. 09-293, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE NORTH DODGE STREET PEDESTRIAN BRIDGE OVER INTERSTATE 80 PROJECT. Moved and seconded to adopt RES. 09-294, CONCERNING MEDIACOM COMMUNICATIONS CORPORATION'S 2009 UPDATING OF RATES FOR BASIC CABLE SERVICES. Moved and seconded to make the following appointments to Boards and Commissions: Andy Chappell, 911 Rider Street, to the Housing and Community Development for athree-year term September 1, 2009 -September 1, 2012 (and readvertise two remaining vacancies); Vershawn Ashante Young, 263 West Side Drive, and Joseph Treloar, 741 Alpine Drive, (Peace Officer) to the Police Citizens Review Board to fill four-year terms September 1, 2.009 -September 1, 2013. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Garry Klein, Venantie Nduhirahe, Robert Dotzel, LaSharon Duckett, and Peter Small. The Mayor declared the motion carried. The Mayor noted that the following vacancies will be readvertised: Historic Preservation Commission Northside Representative to fill an unexpired term, effective upon appointment, ending March 29, 2011; two vacancies to the Housing and Community August 18, 2009 Official Actions Page 5 Development for athree-year terms September 1, 2009 -September 1, 2012; two vacancies to the Youth Advisory Commission to fill unexpired terms, effective upon appointment, plus two-year terms January 1, 2010 -December 31, 2011. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] The Mayor noted the previously announced vacancies: 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; Board of Adjustment to fill an unexpired term, effective upon appointment, ending January 1, 2012; Appeals, Board of to fill afive-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Youth Advisory Commission to fill a two-year term for Tate High representative. Applications must be received by 5:00 p.m., Wednesday, September 9, 2009. Moved and seconded to adjourn 8:10 p.m. The Mayor declared the motion carried. A more complete description of ~puncil Activities is on file in the office of the City Clerk. s/Regenia D. Bailey, Mayor s/Marian K. Karr, City Clerk ~~~~ ~ ~~~ Submitte or publication - 8/26/09. 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 AUGUST 18, 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, Davidson, Rackis, Hightshoe, Scott, Fosse. Moved by Wilburn, 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. July 27, Special Council Work Session; July 28, Special Council Formal Official and Complete; July 31, 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). Public Library -June 25, 2009; Telecommunications Commission -June 22, 2009; Youth Advisory Commission -July 22, 2009; Youth Advisory Commission -July 24, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for JARD Organics, LLC, dba EI Banditos, 327 E. Market St.; Renewal: Class C Beer Permit for IC Pit Stop, LLC, dba I.C. Pit Stop, 300 Kirkwood Ave.; Class C Liquor License for Chackalackal, Inc., dba One Twenty Six, 126 E. Washington St.; Class C Beer Permit for Jason Caylor dba Liquor Downtown, 313 S. Gilbert St.; Class C Liquor License for Jaxco, LLC, dba Blackstone, 503 Westbury Dr. Suite 1; Class C Liquor License for George's Buffet, Inc., dba George's Buffet, 312 E. Market St.; Class C Beer Permit for Casey's marketing Company, dba Casey's General Store #2761, 204 N. Dubuque St.; Class C Liquor License for Etre Restaurant Group, LLC, dba Takanami, 219 Iowa Ave.; Special Class C Liquor License for Englert Civic Theatre, L, dba Englert Theatre, 221 E. Washington St.; Class C Liquor License for Atlas World Grill, Inc., dba Atlas World Grill, Inc., 127 Iowa Ave.; Class C Liquor License for Short's Burger and Shine, LLC, dba Short's Burger and Shine, 18 S. Clinton St.; Special Class C Liquor License for J.J.G., LLC, dba T.Spoons, 301 Market St.; Class C Beer Permit for New Pioneer Cooperative Society dba New Pioneer Co Op Fresh Food Market, 22 S. Van Buren, St.; Class C Liquor License for Chipotle Mexican Grill of Colorado, LLC dba Chipotle Mexican Grill , 201 S. Clinton St. Suite 112; Class C Beer Permit for Casey's Marketing Company dba Casey's General store #2781, 1410 Willow Creek Dr. Resolutions: RES. 09-272, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1220 SOUTH FIRST AVENUE, IOWA CITY, IOWA; RES. 09-273, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RESALE AND OCCUPANCY AGREEMENT REGARDING THE PROPERTY LOCATED AT 1220 SOUTH FIRST AVENUE, IOWA CITY, IOWA; RES. 09-274, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO August 18, 2009 Complete Description Page 2 ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1010 S. FIRST AVENUE, IOWA CITY, IOWA; RES. 09-275, CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, HILLS, IOWA FOR PROPERTY LOCATED AT 37 COLWYN COURT, IOWA CITY, IOWA; RES. 09-276, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND DEERE HARVESTER CREDIT UNION, MOLINE, ILLINOIS FOR PROPERTY LOCATED AT 2221 A STREET, IOWA CITY, IOWA; RES. 09-277, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 431 NORTH VAN BUREN STREET, IOWA CITY, IOWA; RES. 09-278, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 1925 FRIENDSHIP STREET, IOWA CITY, IOWA; RES. 09-279, ACCEPTING THE WORK FOR THE CLINTON STREET -DAVENPORT STREET STORM SEWER IMPROVEMENTS PROJECT; RES. 09-280, ACCEPTING THE WORK FOR THE CITY ATTORNEY AND COUNCIL OFFICE REMODELING PROJECT; RES. 09-281, ACCEPTING THE WORK FOR THE FIRE STATION #2 DEMOLITION AND CONSTRUCTION PROJECT. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of (1) NO PARKING CORNER TO HERE sign and (1) NO PARKING HERE TO ALLEY sign on the north side of the 100 block of Wright Street; Criminal activity Southeast Iowa City area [Council and staff responses included] letters from: Lorraine Bailey, Linda Davies, Mark Edwards, Cathy Fehr, AI Gibson, Scott Hamlin, Angie Klein, One of many concerned citizens of Regal Lane, Jenny Panther, Craig Thompson, Dennis Kowalski, Rod Sullivan, Jane Klitzka; Kay Kramer regarding Downtown Iowa City; Michael Connell regarding Thoroughfare; Terry Trueblood Recreation Area letters from Jean Walker, John Westefeld; Jean Hood regarding Location of arts campus; Marshall Poe and family regarding Housing code enforcement/Illegal parking [staff response included]; John Neff regarding Field House Bar; Daniel Rupkey regarding Revocation of liquor license; Terrance Croson regarding Unenforced city codes [staff response included]; Cari Malone regarding Forum at the Senior Center. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Caroline Dieterle, 727 Walnut St., appeared regarding signage for the Library 20 minute parking spots and possible expansion of 20 minute parking for the entire one side of Linn Street. The following individuals appeared regarding Southeast Iowa City public safety issues: Brandi Mastain, 2408 Whispering Prairie Ave.; Ray Davies, 9 Regal Lane; Yale Cohn, 924 Iowa Ave.; Jon Kerstetter, 2388 Russell Dr.; and Richard Wootonn, 2410 Miami Dr. Mayor Bailey and Council Member Hayek review Council work session discussion of the previous evening, and direction to staff, to draft a curfew and a delinquency ordinances for August 18, 2009 Complete Description Page 3 Council consideration. Jon Kerstetter, 2388 Russell Dr., requested a library branch on the east side of Iowa City. A public hearing was held 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) (Walden Wood, Part 7). Moved by Champion, seconded by O'Donnell, to continue public hearing to September 29. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. 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. 09-4354, APPROVING A TWO YEAR EXTENSION OF THE PRELIMINARY PLANNED DEVELOPMENT PLAN AND SENSITIVE AREAS DEVELOPMENT PLAN (REZ06- 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 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 O'Donnell, 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 adopt RES. 09-282, APPROVING A TWO YEAR EXTENSION OF THE PRELIMINARY PLAT OF WHISPERING MEADOWS SUBDIVISION, PART 4, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Champion, to adopt RES. 09-283, APPROVING THE FINAL PLAT OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA CITY, IOWA (SUB09-00003). The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote: Ayes: O'Donnell, Wilburn, Bailey, Champion, Hayek. Nays: Wright, Correia. Absent: None. Moved by Champion, seconded by Wright, to adopt RES. 09-284, APPROVING THE FINAL PLAT OF STONE BRIDGE ESTATES, PART SIX, IOWA CITY, IOWA (SUB09- 00005). 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 conveyance of a single family home located at 840 Longfellow Place. No one appeared. Moved by Correia, seconded by Wilburn, to adopt RES. 09-285, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 840 LONGFELLOW PLACE. 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 conveyance of a single family home located at 842 Longfellow Court. No one appeared. Moved by Correia, seconded by O'Donnell, to adopt RES. 09-286, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 842 LONGFELLOW COURT. August 18, 2009 Complete Description Page 4 Individual Council Members expressed their views. 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 FY09 Landfill Grading project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by Champion, seconded by Hayek, to adopt RES. 09-287, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY09 LANDFILL GRADING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Phase One-Trail Development of the Terry Trueblood Recreation Area project (formerly known as Sand Lake Improvements - Phase 1), 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. 09-288, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PHASE ONE-TRAIL DEVELOPMENT OF THE TERRY TRUEBLOOD RECREATION AREA PROJECT (formerly known as Sand Lake Improvements -Phase I), 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. Public Works Director Fosse present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. 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. 09-4355, 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 voted on for final passage at this time. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wright, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by O'Donnell, seconded by Champion, to defer to September 15 a resolution establishing annual pass fees for the Thornberry Off-Leash Dog Park and Rita's Ranch Dog Park. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. August 18, 2009 Complete Description Page 5 Moved by Champion, seconded by Hayek, to adopt RES. 09-289, APPROVING FUNDING FOR CORRIDOR DRYWALL LLC FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) -ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Community Development Planner Hightshoe 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. 09-290, AUTHORIZING A CHANGE FROM CALENDAR PARKING TO ODD/EVEN DATE PARKING FOR STREETS WHICH CURRENTLY HAVE CALENDAR PARKING. The following individuals appeared: Dave Moore, 425 Davenport St.; Roger Anderson, 1310 Cedar St.; and Caroline Dieterle, 727 Walnut St. Public Works Dir. Fosse present for discussion. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Hayek, to adopt RES. 09-291, AWARDING CONTRACT to Vietch Construction for $51,394.50 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE BURLINGTON / US HWY 6 BRIDGES FLOOD REPAIR PROJECT [ER-3715(641)--8R-52 & ER-3715(642)--8R-52]. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Hayek, to adopt RES. 09-292, AWARDING CONTRACT to D.W. Zinser for $83,521.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 404 HAZARD MITIGATION PROPERTY ACQUISITION DEMOLITIONS PROJECT. Sr. Civil Engr. Scott and Public Works Dir. Fosse present for discussion. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Hayek, to adopt RES. 09-293, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE NORTH DODGE STREET PEDESTRIAN BRIDGE OVER INTERSTATE 80 PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Hayek, seconded by Wright, to adopt RES. 09-294, CONCERNING MEDIACOM COMMUNICATIONS CORPORATION'S 2009 UPDATING OF RATES FOR BASIC CABLE SERVICES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Correia, seconded by Wright, to make the following appointments to Boards and Commissions: Andy Chappell, 911 Rider Street, to the Housing and Community Development for athree-year term September 1, 2009 -September 1, 2012 (and readvertise two remaining vacancies); Vershawn Ashante Young, 263 West Side Drive, and Joseph Treloar, 741 Alpine Drive, (Peace Officer) to the Police Citizens Review Board to fill four-year terms September 1, 2009 -September 1, 2013. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Hayek, to accept correspondence from Garry Klein, Venantie Nduhirahe, Robert Dotzel, LaSharon August 18, 2009 Complete Description Page 6 Duckett, and Peter Small. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted that the following vacancies will be readvertised: Historic Preservation Commission Northside Representative to fill an unexpired term, effective upon appointment, ending March 29, 2011; two vacancies to the Housing and Community Development for athree-year terms September 1, 2009 -September 1, 2012; two vacancies to the Youth Advisory Commission to fill unexpired terms, effective upon appointment, plus two-year terms January 1, 2010 -December 31, 2011. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] The Mayor noted the previously announced vacancies: 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; Board of Adjustment to fill an unexpired term, effective upon appointment, ending January 1, 2012; Appeals, Board of to fill afive-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Youth Advisory Commission to fill a two-year term for Tate High representative. Applications must be received by 5:00 p.m., Wednesday, September 9, 2009. Council Member Wilburn reported on the Back to School Event sponsored by the Youth Advisory Commission, and noted another event is planned for December; and noted continuing work to recruit new members. Mayor Bailey noted the following events coming up in the community: Landlocked Film Festival; Sand in The City; and Taste of Iowa City and encouraged people to get out and enjoy them. Council Member Wilburn stated school year had begin and asked everyone to use caution when driving and pay attention to the posted speed signs during school hours. Moved by Wilburn, seconded by Hayek, to adjourn 8:10 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Regenia D. Bailey, Mayor Marian K. Karr, City Clerk