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HomeMy WebLinkAbout2009-10-20 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESRIPTION OF COUNCIL ACTIVITIES OCTOBER 20, 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, Holecek, Karr, O'Malley, Rackis. The Mayor presented Outstanding Student Citizenship Awards to Weber Elementary students: Janah Bismillah, Ryan Smith and Rebekah Tokuhisa. The Mayor proclaimed Change your Clock, Change your Battery Day -November 1, 2009, Firefighter Roth, Lt. Smith and Firefighter Jordon accepting. Moved by Champion, seconded by Wright, 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. September 28, Special Council Work Session; September 29, Special Council Formal Official and Complete; October 5, Regular Council Work Session; October 6, 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): Housing and Community Development Commission -July 16, 2009; Youth Advisory Commission -September 27, 2009; Youth Advisory Commission -October 1, 2009; Historic Preservation Commission - September 10, 2009; Police Citizens Review Board -September 8, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Jobsite, LLC, dba Jobsite, 928 Maiden Lane. Renewal: Class C Liquor License for HMDS, Inc., dba Grizzly's South Side Pub, 1210 Highland Ct.; Class C Liquor License for Christian Retirement Services, Inc. dba Oaknoll Retirement Residence, 1 Oaknoll Ct.; Class E Liquor License for Wal-Mart Stores, Inc., dba Wal-Mart Store #1721, 1001 Hwy 1 W. Motions: Approve disbursements in the amount of $11,146,065.69 for the period of September 1 through September 30, 2009, as recommended by the Finance Director subject to audit; approve the Abstract of the Votes for the Iowa City election held on October 6, 2009. Public Hearings: RES. 09-326, INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF THE VACATED PORTION OF COURT STREET WEST OF MADISON STREET, AND FRONT STREET SOUTH OF BURLINGTON STREET, AND SETTING A PUBLIC HEARING FOR NOVEMBER 2, 2009; RES. 09-327, SETTING A PUBLIC HEARING FOR NOVEMBER 2, 2009, ON AMENDING TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 8, PARKING VIOLATIONS TO ADD A $50 PENALTY FOR SNOW EMERGENCY PARKING VIOLATIONS; RES. 09-328, SETTING PUBLIC HEARING FOR NOVEMBER 2, 2009 ON AN ORDINANCE AMENDING TITLE 12, ENTITLED "FRANCHISES", OF THE CITY CODE TO ADD A CHAPTER IMPOSING A FRANCHISE FEE ON THE GROSS REVENUE OF Complete Description October 20, 2009 Page 2 FRANCHISEE MIDAMERICAN ENERGY COMPANY DERIVED FROM THE DISTRIBUTION AND RETAIL SALE OF ELECTRICITY AND THE DISTRIBUTION, DELIVERY AND RETAIL SALE OF NATURAL GAS BY MIDAMERICAN, OR OTHER NATURAL GAS PROVIDERS UTILIZING THE DISTRIBUTION SYSTEM OF MIDAMERICAN, TO CUSTOMERS WITHIN THE CURRENT OR FUTURE CORPORATE LIMITS OF THE CITY OF IOWA CITY, AND ON A REVENUE PURPOSE STATEMENT SPECIFYING THE PURPOSE OR PURPOSES FOR WHICH THE REVENUE COLLECTED FROM THE FRANCHISE FEE WILL BE EXPENDED, AND DIRECTING THE CITY CLERK TO CAUSE NOTICE OF SAID PUBLIC HEARING AND SAID REVENUE PURPOSE STATEMENT TO BE PUBLISHED AS PROVIDED BY LAW. Resolutions: RES. 09-329, 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 CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 500 MANOR DRIVE, IOWA CITY, IOWA; RES. 09-330, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT FOR 3417 JAMIE LANE. Correspondence: Acting JCCOG Traffic Engineering Planner regarding Installation of NO PARKING ANYTIME signs on McCollister Boulevard; JCCOG Traffic Engineering Planner regarding Installation of NO PARKING ANYTIME signs on the west side of Westbury Drive between Middlebury Road an Glastonbury Street; George and Barb Sondag regarding Flood protection; Mark Moody regarding Buyout questions [staff response included]; Jim Walters regarding Article on Phoenix's light rail system; Nancy Hitchon regarding Landfill odor; James Ebbers regarding Sidewalk repair [staff response included]; Mary Sturm regarding SWAT and bomb squad; Utility franchise tax letters from John Darnauer, Caroline Dieterle, B.P. Waterbury; Southeast Iowa City letters from Jerry Hansen, B.P. Waterbury; Patty Villhauer regarding Perfect Analogy; Fred Stern(X2) regarding Disorderly behavior in Brookland Park neighborhood. The Mayor repeated the public hearings as set. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Mary Gravitt, 2714 Wayne Ave., appeared regarding the City request to complete a form for reduced fare on SEATS. Council Member O'Donnell and Interim City Manager Helling will discuss the matter and get back to Ms. Gravitt. Libris Fidelis, Capitol House Apartments, requested a program that would provide assistance to senior citizens and retirees interested in buying a house. Jeff Shipley, UISG Council Liaison, stated his concerns about the proposed franchise fee. Candy Barnhill, 154 Friendship St., appeared regarding the noise created when private haulers move snow at all hours of the night. Council Member Hayek suggested that Ms. Barnhill send a letter laying out a proposal for their consideration. Moved by Wright, seconded by O'Donnell, that ORD. 09-4358, AMENDING TITLE 14, ZONING, TO ALLOW COMMUNICATION TOWERS IN THE INTERIM DEVELOPMENT RESIDENTIAL (ID-RS AND ID-RM) ZONES BY SPECIAL EXCEPTION, SPECIFY DOCUMENTATION REQUIREMENTS FOR SPECIAL EXCEPTIONS FOR COMMUNICATION TOWERS, CLARIFY CO-LOCATION REQUIREMENTS, AND ADD A REQUIREMENT TO REMOVE TOWERS AFTER THE USE IS DISCONTINUED, be passed Complete Description October 20, 2009 Page 3 and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Hayek, seconded by Correia, that ORD. 09-4359, REZONING 3,450 SQUARE FEET OF LAND LOCATED AT 611 SOUTHGATE AVENUE (Breese Co.) FROM COMMUNITY COMMERCIAL (CC-2) TO INTENSIVE COMMERICAL (CI-1) (REZ09-00005) (Breese), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. A public hearing was held on a resolution authorizing conveyance of a single family home located at 983 Longfellow Place. No one appeared. Moved by Champion, seconded by Correia, to adopt RES. 09-331, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 983 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 amending the FY2010 Operating Budget. No one appeared. Moved by Hayek, seconded by Correia, to adopt RES. 09-332, RESETTING A PUBLIC HEARING to November 2, 2009 ON AMENDING THE FY2010 OPERATING BUDGET. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Correia, that the ordinance amending Title 3 "City Finances, Taxation & Fees," Chapter 4 "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 3-4-3 entitled "Potable Water Use and Service," of the City Code, to increase or change water service charges and fees in Iowa City, Iowa, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Correia, seconded by Wright, that ORD. 09-4360, AMENDING TITLE 4, "ALCOHOLIC BEVERAGES". CHAPTER 5, "PROHIBITIONS AND RESTRICTIONS", SECTION 3, "CONSUMPTION OR POSSESSION IN PUBLIC PLACES AND CITY BUILDINGS TO EXCLUDE PROPERTY LEASED FROM THE CITY FOR A PERIOD OF 99 YEARS OR MORE FROM THE PROHIBITION ON THE USE AND POSSESSION OF ALCOHOL IN A CITY PARK, be passed and adopted. Libris Fidelis, Capitol House Apartments, appeared opposing the proposal. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 09-333, DIRECTING SALE OF $9,520,000 PARKING SYSTEM REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2009F. Finance Director O'Malley present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Correia, to adopt RES. 09-334, AUTHORIZING THE REDEMPTION OF OUTSTANDING PARKING SYSTEM REVENUE BONDS, DATED DECEMBER 1, 1999, AND DIRECTING NOTICE TO BE GIVEN. 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. 09-335, AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT FOR I-JOBS GRANT FUNDS FOR THE UNIVERCITY NEIGHBORHOOD PARTNERSHIP PROGRAM. Individual Council Members Complete Description October 20, 2009 Page 4 expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Hayek, seconded by O'Donnell, granting a 60-day extension to the Police Citizens Review Board for the filing of the public report with the City Council on complaint #09-03. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Hayek, seconded by Wright, granting a 45-day extension to the Police Citizens Review Board for the filing of the public report with the City Council on complaint #09-04. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Hayek, seconded by O'Donnell, granting a 60-day extension to the Police Citizens Review Board for the filing of the public report with the City Council on complaint #09-05. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously announced vacancies to Boards and Commissions: 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 a three-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 for one (1) Regina High representative and one (1) At-Large representative, January 1, 2010 - December 31, 2011. Applications must be received by 5:00 p.m., Wednesday, October 28, 2009. Board of Adjustment to fill an unexpired term, effective upon appointment, ending January 1, 2011. Applications must be received by 5:00 p.m., Wednesday, November 4, 2009. Appeals, Board of to fill an unexpired term, effective upon appointment, ending December 31, 2010, for a Licensed Electrician. Applications must be received by 5:00 p.m., Wednesday, November 18, 2009. 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 for two vacancies to fill unexpired terms for 2 persons At Large, effective upon appointment, plus two-year terms January 1, 2010 -December 31, 2011; Youth Advisory Commission to fill atwo-year term for Tate High, January 1, 2009 -December 31, 2010. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [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 October 20, 2009 Page 5 Council Member Wilburn announced the Youth Advisory Commission would be holding a youth forum on neighborhood safety on Saturday, October 24t"; and thanked the Human Rights Commission for their involvement in the recent Jobs Fair. Council Member Hayek noted the recent death of Dr. Ponseti from the University of Iowa Hospitals and Clinics and the impact he made in his family and in the lives of many families around the world. Mayor Bailey announced that American Bicyclists had designated Iowa City as a bicycle friendly community; and the ground breaking of Fire Station # 5 would be held on Wednesday, October 28 at 11:15, and encouraged many to carpool and attend, noting Governor Culver would be attending as well; and Trick or Treat Night activities begin with the Parks & Recreation Costume Parade and party on October 23 and Trick or Treating on Saturday evening, October 31. Moved by O'Donnell, seconded by Wilburn, to adjourn meeting 7:35 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council tubers pr se ,-- nia D. Bailey, M ~~~ ~ . ~~ Marian K. Karr, City Clerk ~~~®a1 ~ ~~~~~~~ ~~~~~ -~c.as._ CITY OF IOWA CITY 4a1 MEMORANDUM Date: September 28, 2009 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, September 28, 2009, 7:15 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright UISG: Shipley Staff: Helling, Dilkes, Karr, Davidson, Yapp, Fosse, O'Brien, Bollinger (A complete transcription is available in the City Clerk's Office and the City website) PLANNING AND ZONING ITEMS [b] PCD Director Davidson presented information, and power point, on the following: b) AMENDING TITLE 14, ZONING, TO ALLOW COMMUNICATION TOWERS IN THE INTERIM DEVELOPMENT RESIDENTIAL (ID-RS AND ID-RM) ZONES BY SPECIAL EXCEPTION, SPECIFY DOCUMENTATION REQUIREMENTS FOR SPECIAL EXCEPTIONS FOR COMMUNICATION TOWERS, CLARIFY CO-LOCATION REQUIREMENTS, AND ADD A REQUIREMENT TO REMOVE TOWERS AFTER THE USE IS DISCONTINUED. Staff will report at the formal meeting regarding questions on removal of obsolete equipment and why the ordinance allows one year for the land to be cleared after the use ceases. AGENDA ITEMS 1. (Agenda item # 15 -Resolution amending the budgeted positions in the Engineering Division .... by adding two special projects administration positions.) Interim City Manager Helling and Public Works Director Fosse clarified the positions were permanent positions, fully funded with grant money and not from the General Fund. 2. (Agenda item # 12 -Resolution ... agreement between City of Iowa City and Public Access Television ... funding, operation and management of the local public access function.) Interim City Manager addressed questions related to the agreement. 3. (Consent Calendar item # 3f (3) -Resolution authorizing applications ... Federal Recreation Trails Program (FR) ... for development of recreation trails.) PCD Director stated the match was typically 80/20. Council Work Session September 28, 2009 Page 2 4. (Agenda item # 7 -Ordinance amending Title 8, Police Regulations, .... Juvenile curfew to add a new juvenile curfew ordinance.) In response to Council Member Correia, Interim City Manager Helling stated that the intent would be to collect data for Council on number of citations and enforcement, and how that criteria was being discussed by staff; marketing and publicity on the curfew would involve the School District; and staff would report back at a work session regarding the communication plan. Council Member Wright noted correspondence from Henri Harper and stated he would be present at the formal meeting to discuss his proposal for the neighborhood. ABBREVIATED PUBLIC ART PROGRAM [IP2 of 9/241nfo Packet] Public Art Advisory Committee Chair Mark Seabold presented information regarding their memo, and request for a budget amendment for FY10. Neighborhood Services Coordinator Bollinger, PCD Dir. Davidson, and Public Works Dir. Fosse present for discussion. Majority of Council agreed to the proposal as presented. STAFF ACTION: Notify Finance Department to prepare budget amendment. (Bollinger) MILLER-ORCHARD NEIGHBORHOOD PLAN [IP3 of 9/24 Info Packet] Neighborhood residents Mark Cannon and Katherine Parker-Bryden narrated a power point presentation (archived with the City Clerk) of the plan. Neighborhood Services Coordinator Bollinger and PCD Director Davidson present for discussion. STAFF ACTION: Continue to work with the Neighborhood on goals identified in the Plan. (Bollinger) SNOW REMOVAL PLAN UPDATE (IP4 of 9/24 Info Packet] Public Works Dir. Fosse and Transportation Services Dir. O'Brien narrated a power point presentation (archived with the City Clerk). After discussion, a majority agreed to proceed with an ordinance changing the snow emergency violation fine from $15 to $50, as well as other internal changes noted in the memo. STAFF ACTION: Prepare an ordinance for Council consideration increasing the violation fine to $50. (O'Brien) FLAG POLICY [IP5 of 9/24 Info Packet] Interim City Manager Helling presented information and reviewed the draft resolution. Majority agreed to proceed as outlined in the draft resolution. STAFF ACTION: Resolution to be on October 6 agenda. (Karr) Council Work Session September 28, 2009 Page 3 INFORMATION PACKET DISCUSSION [September 17 & 24] (IP10 of 9.24 Info Packet -Housing Authority Memo ... Public Housing in the Whispering Prairie Subdivision) In response to Council Member Champion, a majority directed staff to proceed with acquiring the deteriorated house on Nevada Avenue for re-sale as a owner occupied unit, and not for rental purposes. Also, a majority also did not want weed killers to be used on the property. Council Member Wright also noted the memo referred to garbage wheelies being stored in front of their garages and questioned if that met present legal requirements. COUNCIL TIME 1. Council Member Champion stated she felt parking on Dubuque Street was working much better, but was disturbed by the letter from a citizen regarding students behavior on City buses. Transportation Services Dir. O'Brien stated that supervisors had shut the bus down and outlined rules and regulations and expected behavior, and consequences. 2. In response to Council Member Champion, Transportation Services Dir. O'Brien reported that a consultant was looking at upgrading elevators for the Dubuque Street and Capitol Street garages, as well as one at the Recreation Center. O'Brien also stated that the pay stations in the Chauncey Swan lot would also be replaced. 3. Council Member Hayek noted an article in the Nation's City Weekly regarding national cooperative purchasing programs, and questioned if the City participated. Interim City Manager Helling stated he would provide some information on the City efforts. BUDGET/PRIORITIES/CITIZEN SURVEY None SCHEDULE OF PENDING DISCUSSION ITEMS None UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS The following events were noted: - McCollister Bridge dedication, October 2 - Iowa Award to Honor Grant Wood, October 2 (RSVP to Marian ASAP) - City High 70th Celebration, week-end of activities - Sheraton grand re-opening, October 12 - ACT events, October 18-20 DISCUSSION OF MEETING SCHEDULE None Meeting adjourned 9:25 PM. ~ o-zo-oy 4a 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 - 9/29/09 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: None. The Mayor proclaimed Fire Prevention Week -October 4-10, 2009, Fire Lieutenant Thomas Lacina accepting; Mental Illness Awareness Week -October 4-10, 2009, Nyle Jessen, Co-President NAMI Johnson County accepting. 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: September 10, Special Council Work Session; September 14, Special Council Formal Official and Complete; September 14, Regular Council Work Session; September 15, 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). Board of Adjustment -June 10, 2009; Historic Preservation Commission -August 13, 2009; Planning and Zoning Commission -September 3, 2009; Airport Commission -July 16, 2009; Public Art Advisory Committee -June 4, 2009; Telecommunications Commission -July 27, 2009; Senior Center Commission -May 19, 2009; Senior Center Commission -June 30, 2009; Parks & Recreation Commission -July 8, 2009; Human Rights Commission -August 18, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Class C Liquor License for Saloon, 112 E. College St.; Class C Liquor License for Givanni's, 109 E. College St.; Class C Liquor License for Micky's Irish Pub, 11 S. Dubuque St.; Class C Liquor License for Joseph's Steakhouse, 212 S. Clinton St.; Class C Liquor License for Bread Garden Market & Bakery, 225 S. Linn St.; Class C Liquor License for David's Place, 100 S. Linn St.; Class C Beer Permit for On the Go Convenience Stores, Inc., 2315 Muscatine Ave. Motions: Approve disbursements in the amount of $9,195,163.01 for the period of August 1 through August 31, 2009, as recommended by the Finance Director subject to audit. Public Hearing: RES. 09-310, FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $10,000,000 PARKING SYSTEM REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2009F, OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Resolutions: RES. 09-311, AUTHORIZING THE MAYOR EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR Official Actions September 29, 2009 Page 2 PROPERTY LOCATED AT 609 MANOR DRIVE, IOWA CITY, IOWA; RES. 09-312, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA FINANCE AUTHORITY, DES MOINES, IOWA FOR PROPERTY LOCATED AT 817-825 PEPPERWOOD LANE, IOWA CITY, IOWA; RES. 09-313, AUTHORIZING APPLICATIONS FOR FUNDING ASSISTANCE FOR FEDERAL RECREATION TRAILS PROGRAM (FRT) PROJECTS TO THE IOWA DEPARTMENT OF TRANSPORTATION (IDOT), FOR DEVELOPMENT OF RECREATION TRAILS. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of (2) YIELD signs: (1) on the northwest corner of the intersection of Dublin Drive and Tipperary Road and, (1) on the southeast corner of the intersection of Shannon Drive and Tipperary Road; JCCOG Traffic Engineering Planner regarding Installation of (1) NO PARKING HERE TO CORNER sign on the southeast corner of the intersection of Middlebury Road and Westbury Drive; Acting Traffic Engineering Planner regarding Installation of (1) HANDICAP PARKING space in front of 620 N. Linn Street; Maria Ortega Kummer & Kevin Kummer regarding Thank you for approving PIN grant for sidewalks; AI Gibson regarding September 15 Council meeting; R. McDonald regarding Edited tape of Council meeting [staff response included]; Bernadine Franks regarding St. Luke's Chemical Dependency Program; Laura Rios regarding City High students and the Iowa City Transit System [staff response included]; Phil Reisetter regarding Taft Speedway levy; letters regarding Chickens from Phil and Pam Karp, Kevin Keyser, Circe Stumbo, Marcia Welch; Daniel Kim regarding Parking ticket. The Mayor declared the motion carried. 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 accept correspondence from Glenn Siders. The Mayor declared the motion carried. Moved and seconded to defer indefinitely the 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. A public hearing was held 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, specify documentation requirements for special exceptions for communication towers, clarify co-location requirements, and add a requirement to remove towers after the use is discontinued. Peter McNally, The Grinnell Group, appeared. Moved and seconded to accept correspondence from Peter McNally. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 14, Zoning, to allow communication towers in the Interim Development Residential (ID-RS and ID-RM) Zones by special exception, specify documentation requirements for special exceptions for communication towers, clarify co-location requirements, and add a requirement to remove towers after the use is discontinued, be given first vote. The Mayor declared the motion carried. Official Actions September 29, 2009 Page 3 A public hearing was held on an ordinance rezoning 3,450 square feet of land located at 611 Southgate Avenue (Breese Co.) from Community Commercial (CC-2) to Intensive Commercial (CI-1) (REZ09-00005). Moved and seconded that the ordinance rezoning 3,450 square feet of land located at 611 Southgate Avenue (Breese Co.) from Community Commercial (CC-2) to Intensive Commercial (CI-1) (REZ09-00005), be given first vote. The Mayor declared the motion carried. A public hearing was held on a resolution authorizing the Mayor to sign and the City Clerk to attest a ground lease with the Joint Emergency Communications Services Association of Johnson County for placement of a monopole telecommunications tower at the Iowa City Industrial Park. Moved and seconded to adopt RES. 09-314, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A GROUND LEASE WITH THE JOINT EMERGENCY COMMUNICATIONS SERVICES ASSOCIATION OF JOHNSON COUNTY FOR PLACEMENT OF A MONOPOLE TELECOMMUNICATIONS TOWER AT THE IOWA CITY INDUSTRIAL PARK. Moved and seconded 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 second vote. Moved and seconded to defer second vote to December 1. The following individuals appeared: Henri Harper, City High School student advocate and school juvenile court liaison; Joyce Barker; Kenya Badgett; Ja~rcee Bryant, 2509 Bartelt Rd.; Royceann Porter, 136 Appanoose Ct.; Garry Klein, 628 - 2n Ave.; Doug Fern, The Spot; Keshianer Denton, 2160 Davis St.; and Zach Wahls, 1219 Santa Fe Dr., Youth Advisory Commission. The Mayor declared the motion to defer carried. Moved and seconded to accept correspondence from Henri Harper, Mark Hubbard, Vershawn Young, Joyce Barker, Juli Mottinger [staff response included], Pat Jirsa [staff response included], Natalie Schlicht, Jane Klitzka, Susan Futrell. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 8, Police Regulations, Chapter 5, Miscellaneous Offenses, to add a new Section 11, entitled "Standing, Loitering and Obstructin~q Persons", be given second vote. The following individuals appeared: Garry Klein, 628 - 2" Ave.; Peter Hansen, 1203 Cambria Ct.; and Kenya Badgett. Police Lt. Hart present for discussion. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Garry Klein. The Mayor declared the motion carried. Moved and seconded 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 second vote. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 4, "Alcoholic Beverages" Chapter 5, "Prohibitions and Restrictions", Section 3, "Consumption or Possession in Public Places and City Buildings to exclude property leased from the city for a period of 99 years or more from the prohibition on the use and possession of alcohol in a city park, be given first vote. The Mayor declared the motion carried. Moved and seconded to defer indefinitely and refer to the Planning and Zoning Commission, the ordinance amending Article 14-7B-7, "Development Fees", to specify that the amount of the Near Southside Neighborhood Parking Facility District Impact Fee shall be Official Actions September 29, 2009 Page 4 adjusted annually based on the National Historical Cost Indexes contained in the most recent edition of the engineering new record rather than the means square foot costs manual and to hold any negative changes to the cost index of the preceding year. ,The Mayor declared the motion carried. Moved and seconded to adopt RES. 09-315, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND PUBLIC ACCESS TELEVISION, INC. FOR FUNDING, OPERATION AND MANAGEMENT OF THE LOCAL PUBLIC ACCESS FUNCTION. Moved and seconded to accept correspondence from Linda Kroon, Laurie Haag (2), Kelly Thornburg, Joe Jennison, Genie Maybanks, Adam Pollack, Terry Wahls, Annie Tucker, Kris Johnson, Andy Small, Steve Rudin, Michael Baxter, Gloria Williams, Paul Ingram, Mary Blackwood, Kelly Carrell, Kelly O'Berry, Joan Benson, Katy Sanders, Carly Armour, Lisa Schrelhart, Robin Butler, Jewel Amos, Amy Winslow, Bridget Malone, Nyle Jessen, Kasie Ver Schuure, Melissa Copeland-Silver, Melissa Brown, Alisa Meggitt, Judy Warth, Josh Goding. Moved and seconded to adopt RES. 09-316, SUPPORTING INTERCITY PASSENGER RAIL SERVICE BETWEEN CHICAGO AND THE CITY OF IOWA CITY. Moved and seconded to adopt RES. 09-317, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SECOND AMENDMENT TO THE FEBRUARY 10, 2009 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND FOTH INFRASTRUCTURE AND ENVIRONMENTAL, L.L.C. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE 420T" STREET CORRIDOR IMPROVEMENTS PROJECT. Moved and seconded to adopt RES. 09-318, AMENDING THE BUDGETED POSITIONS IN THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT BY ADDING TWO SPECIAL PROJECTS ADMINSTRATORS POSITION. The Mayor noted the previously announced vacancies to Boards and Commissions: Airport Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus a five-year term ending December 31, 2011; Airport Zoning Brd of Adjustment to fill afive-year term January 1, 2009 -December 31, 2013; Airport Zoning Commission to fill asix-year term January 1, 2006 -December 31, 2011; Appeals, Board of to fill a five-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Youth Advisory Commission for two vacancies to fill unexpired terms, effective upon appointment, plus two-year terms January 1, 2010 -December 31, 2011, At-Large; Youth Advisory Commission to fill atwo- yearterm, Tate High, January 1, 2009 -December 31, 2010. Applications must be received by 5:00 p.m., Wednesday, October 14, 2009. Airport Zoning Commission to fill asix-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 for At Large and Regina High, January 1, 2010 -December 31, 2011. Applications must be received by 5:00 p.m., Wednesday, October 28, 2009. Official Actions September 29, 2009 Page 5 The Mayor noted the current vacancy: Board of Adjustment to fill an unexpired term, effective upon appointment, ending January 1, 2011. Applications must be received by 5:00 p.m., Wednesday, November 4, 2009. Moved and seconded to accept correspondence from Terry Hora. 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 meeting 9:05 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 FI s/Regenia D. Bailey, May s/Marian K. Karr, City Clerk ~Q•sGid~t/ 1t Submitte~~ fir publication - 1 r -. ~~~,®~~ C[TY OF tUWA CIT 4a3 RA ~ D C~ ~ ~~~ Date: October 5, 2009 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, October 5, 2009, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn. Absent: O'Donnell, Wright UISG Rep: Shipley Staff: Helling, Ford, Dilkes, Karr (A complete transcription is available in the City Clerk's Office and the City website) AGENDA ITEMS 1. (Consent Calendar items 4 e(8) and (9) ... Guido's liquor license ...) City Clerk Karr noted that the applications had been withdrawn by the applicant and those items should be deleted from the Consent Calendar and the Consent Calendar adopted as amended. 2. (Agenda item # 7 -public hearing .... Resolution to proceed ... parking system revenue refunding capitol loan notes, Series 2009F) In response to Council Member Hayek, Interim City Manager Helling stated this was a simple refinancing. PROPERTY TAXES FOR BUYOUT PROPERTIES (IP2 of 10/1 Info Packet) City Atty. Dilkes facilitated the discussion based on her memo. Majority directed the City Attorney to proceed and abate. STAFF ACTION: Notify Board of Supervisors. (Dilkes) UTILITY FRANCHISE FEE (IP3 of 10/1 Info Packet and Agenda 4f(1)] Interim City Manager Helling and City Atty. Dilkes reviewed outstanding issues and presented the timeline for consideration. After discussion, a majority agreed to change the proposed revenue purpose statement # 3 to read: Public infrastructure to support commercial and industrial economic development. STAFF ACTION: Prepare ordinance, and revenue purpose statement, for October 20 agenda setting the hearing for November 2. (Dilkes) INFORMATION PACKET DISCUSSION (Oct 1] (IP5 of 10/1 Info Packet) Mayor Bailey noted the memo from the Economic Development Coordinator on "Final Report on Economic Development Activities, through 2008". No discussion. Council Work Session October 5, 2009 Page 2 COUNCIL TIME 1. Council Member Hayek noted previous discussion of the arts campus relocation and the Council decision not to take a position at that time, and questioned whether there was interest now to look at it from the City's perspective. After discussion, a majority agreed to wait until all seven Council Members were in attendance and bring up the subject again. It was also suggested that UISG may wish to provide information, UISG Rep. Shipley will report back. 2. UISG Rep. Shipley noted a previous suggestion that student government purchase one of the downtown posting pillars (kiosks) and utilize it solely for University groups, and reported he had contacted Acting Parks & Rec. Dir. Moran. 3. Council Member Correia stated she would be traveling to Davenport to meet with Davenport Police officials and talk about some of the neighborhood crime prevention strategies they've employed. BUDGET PRIORITIES None SCHEDULE OF PENDING DISCUSSION ITEMS ~IP4of 10/1 Info Packet] Hancher Arts Campus (wait until future work session direction) Interim City Manager Helling requested that staff be provided flexibility to combine a work session and formal meeting should the agendas allow. Majority agreed and noted an interest to reduce meetings if the situation arises as well. UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS The following events were noted: - Human Rights Breakfast, October 22 (let Marian know if you are interested) - "Great Places" state designation, October 16 in Des Moines :- ICAD dinner, October 28 (let Marian know if you are interested) - Veterans Day Banquet, November 11 at Riverside Resort (info will be in next packet) Mayor Bailey reported on the McCollister Bridge dedication on October 2. DISCUSSION OF MEETING SCHEDULE None Meeting adjourned 7:35 PM. 4a 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 - 10/6/09 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. The Mayor presented Outstanding Student Citizenship Awards to Roosevelt Elementary students: Mariah Davis, Jessie Harder, Zainab Makky. The Mayor proclaimed White Cane Safety Day -October 15, 2009, Patti Westphal and Trish Moore, Old Capital Chapter NIB (National Federation of the Blind) accepting. 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: September 28, Special Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Airport Commission -August 20, 2009; Youth Advisory Commission -August 26, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. New: Special Class C Liquor License for Times Club at Prairie Lights, 15 S. Dubuque St.; Class B Wine Permit for Times Club at Prairie Lights, 15 S. Dubuque St.; Class C Liquor License for Blue Moose, 211 Iowa Ave. Renewal: Class C Liquor License for Hilltop Lounge, 1100 N. Dodge St.; Class E Liquor License for Sauce, 108 E. College St.; Class C Liquor License for Los Portales, 1402 S. Gilbert St.; Class C Liquor License for DC's, 124 S. Dubuque St.; Class C Beer Permit for RJ'Z Express, 2 Escort Ln.; Class B Native Wine Permit for RJ'Z Express, 2 Escort Ln.; Special Class C Liquor License for Masala, 9 S. Dubuque St.; RES. 09-319, TO ISSUE DANCING PERMIT to Blue Moose, 211 Iowa Ave. Public Hearing: RES. 09-320, SETTING PUBLIC HEARING FOR OCTOBER 20, 2009, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 983 LONGFELLOW PLACE; RES. 09-321, SETTING A PUBLIC HEARING for October 20, 2009, ON AMENDING THE FY2010 OPERATING BUDGET. Resolution: RES. 09-322, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A THIRD MORTGAGE FOR THE PROPERTY LOCATED 2750 IRVING AVENUE, IOWA CITY, IOWA. Correspondence: Lori Cardella regarding Information on the Franchise Fee [staff response included], Dana Hall, Sterling Saunders, Rachel Corrigan; Eve Casserly regarding September 18 Senior Center Forum; Curfew letters from Brian Bradley, Kathryn Hannemann, Cindy Roberts (2), Judy Leonard regarding Curfew and Yard waste bags [staff response included]. The Mayor declared the motion carried. Official Actions October 6, 2009 Page 2 Mary Gravitt, 2714 Wayne Ave., reported a problem with the fare charged for on the Johnson County SEATS and stated she had not been notified of any change; and concerns regarding the southeast side of the City. Ros Hayslett, 1902 Grantwood St., stated her frustrations with problems on the southeast side of the City. Moved and seconded that the ordinance amending Title 14, Zoning, to allow communication towers in the Interim Development Residential (ID-RS and ID-RM) Zones by special exception, specify documentation requirements for special exceptions for communication towers, clarify co-location requirements, and add a requirement to remove towers after the use is discontinued, be given second vote. The Mayor declared the motion carried. Moved and seconded that the ordinance rezoning 3,450 square feet of land located at 611 Southgate Avenue from Community Commercial (CC-2) to Intensive Commercial (CI-1) (REZ09-00005), be given second vote. The Mayor declared the motion carried. A public hearing was held on a resolution instituting proceedings to take additional action for the authorization of a loan agreement and the issuance of not to exceed $10,000,000 Parking System Revenue Refunding Capital Loan Notes, Series 2009F. Moved and seconded to adopt RES. 09-323, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $10,000,000 PARKING SYSTEM REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2009F. A public hearing was held on an ordinance amending Title 3 "City Finances, Taxation & Fees," Chapter 4 "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 3-4-3 entitled "Potable Water Use and Service," of the City Code, to increase or change water service charges and fees in Iowa City, Iowa. Moved and seconded that the ordinance amending Title 3 "City Finances, Taxation & Fees," Chapter 4 "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 3-4-3 entitled "Potable Water Use and Service, of the City Code, to increase or change water service charges and fees in Iowa City, Iowa, be given first vote. The Mayor declared the motion carried. Moved and seconded that ORD. 09-4356, AMENDING TITLE 8, POLICE REGULATIONS, CHAPTER 5, MISCELLANEOUS OFFENSES, TO ADD A NEW SECTION 11, ENTITLED "STANDING, LOITERING AND OBSTRUCTING PERSONS, be passed and adopted. Moved and seconded that ORD. 09-4357, AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 2, LIQUOR LICENSES AND BEER PERMITS, SECTION 3, LOCAL REVIEW OF APPLICATION /INVESTIGATION OF APPLICANT, be passed and adopted. Moved and seconded that the ordinance amending Title 4, "Alcoholic Beverages" Chapter 5, "Prohibitions and Restrictions", Section 3, "Consumption or Possession in Public Places and City Buildings to exclude property leased from the city for a period of 99 years or more from the prohibition on the use and possession of alcohol in a city park, be given second vote. The Mayor declared the motion carried. Moved and seconded to adopt RES. 09-324, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY Official Actions October 6, 2009 Page 3 TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA RIVER WATER MAIN CROSSINGS PROJECT. Moved and seconded to adopt RES. 09-325, TO ESTABLISH A UNIFORM POLICY REGARDING THE LOWERING OF THE FLAG OF THE UNITED STATES TO HALF STAFF AT CITY BUILDINGS AND RESCIND RESOLUTION NO 71-444. The Mayor noted the previously announced vacancies to Boards and Commissions: Airport Zoning Brd of Adjustment 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 for two at large unexpired terms, effective upon appointment, plus two-year terms January 1, 2010 -December 31, 2011; Youth Advisory Commission to fill atwo-year term for a Tate High representative for January 1, 2009 -December 31, 2010. Applications must be received by 5:00 p.m., Wednesday, October 14, 2009. 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 a three-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 for Regina High and at large, January 1, 2010 -December 31, 2011. Applications must be received by 5:00 p.m., Wednesday, October 28, 2009. Board of Adjustment to fill an unexpired term, effective upon appointment, ending January 1, 2011. Applications must be received by 5:00 p.m., Wednesday, November 4, 2009. The Mayor noted the current vacancy: Appeals, Board of to fill an unexpired term, effective upon appointment, ending December 31, 2010, for a Licensed Electrician. Applications must be received by 5:00 p.m., Wednesday, November 18, 2009. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Moved and seconded to adjourn meeting 7:35 p.m. The Mayor declared the motion carried. A more complete description of Council Activitie is on file in the office of the City Clerk. s/Regenia D. Bailey, Mayor s/Marian K. Karr, City Cyrk Submi ed for publication - 10/14/09. 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 SEPTEMBER 29, 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, Davidson, Hart, Fosse, Neumann. The Mayor proclaimed Fire Prevention Week -October 4-10, 2009, Fire Lieutenant Thomas Lacina accepting; Mental Illness Awareness Week -October 4-10, 2009, Nyle Jessen, Co-President NAMI Johnson County 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: September 10, Special Council Work Session; September 14, Special Council Formal Official and Complete; September 14, Regular Council Work Session; September 15, 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). Board of Adjustment -June 10, 2009; Historic Preservation Commission -August 13, 2009; Planning and Zoning Commission -September 3, 2009; Airport Commission -July 16, 2009; Public Art Advisory Committee -June 4, 2009; Telecommunications Commission -July 27, 2009; Senior Center Commission -May 19, 2009; Senior Center Commission -June 30, 2009; Parks & Recreation Commission -July 8, 2009; Human Rights Commission -August 18, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Class C Liquor License for Saloon of Iowa City, LC, dba Saloon, 112 E. College St.; Class C Liquor License for Givanni's of Iowa City, Inc., dba Givanni's, 109 E. College St.; Class C Liquor License for Micky's of Iowa City, Inc., dba Micky's Irish Pub, 11 S. Dubuque St.; Class C Liquor License for Mondo's of Iowa City, Inc., dba Joseph's Steakhouse, 212 S. Clinton St.; Class C Liquor License for Bread Garden of Iowa City, LC, dba Bread Garden Market & Bakery, 225 S. Linn St.; Class C Liquor License for Dawit's Restaurant, Inc., dba David's Place, 100 S. Linn St.; Class C Beer Permit for On the Go Convenience Stores, Inc., dba On the Go Convenience Stores, Inc., 2315 Muscatine Ave. Motions: Approve disbursements in the amount of $9,195,163.01 for the period of August 1 through August 31, 2009, as recommended by the Finance Director subject to audit. Public Hearing: RES. 09-310, FIXING DATE (October 6) FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $10,000,000 PARKING SYSTEM REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2009F, OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. September 29, 2009 Complete Description Page 2 Resolutions: RES. 09-311, AUTHORIZING THE MAYOR 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 609 MANOR DRIVE, IOWA CITY, IOWA; RES. 09-312, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA FINANCE AUTHORITY, DES MOINES, IOWA FOR PROPERTY LOCATED AT 817-825 PEPPERWOOD LANE, IOWA CITY, IOWA; RES. 09-313, AUTHORIZING APPLICATIONS FOR FUNDING ASSISTANCE FOR FEDERAL RECREATION TRAILS PROGRAM (FRT) PROJECTS TO THE IOWA DEPARTMENT OF TRANSPORTATION (IDOT), FOR DEVELOPMENT OF RECREATION TRAILS. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of (2) YIELD signs: (1) on the northwest corner of the intersection of Dublin Drive and Tipperary Road and, (1) on the southeast corner of the intersection of Shannon Drive and Tipperary Road; JCCOG Traffic Engineering Planner regarding Installation of (1) NO PARKING HERE TO CORNER sign on the southeast corner of the intersection of Middlebury Road and Westbury Drive; Acting Traffic Engineering Planner regarding Installation of (1) HANDICAP PARKING space in front of 620 N. Linn Street; Maria Ortega Kummer & Kevin Kummer regarding Thank you for approving PIN grant for sidewalks; AI Gibson regarding September 15 Council meeting; R. McDonald regarding Edited tape of Council meeting [staff response included]; Bernadine Franks regarding St. Luke's Chemical Dependency Program; Laura Rios regarding City High students and the Iowa City Transit System [staff response included]; Phil Reisetter regarding Taft Speedway levy; letters regarding Chickens from Phil and Pam Karp, Kevin Keyser, Circe Stumbo, Marcia Welch; Daniel Kim regarding Parking ticket. Affirmative roll call vote unanimous, 7/0, all Council Members present. Council Member Wilburn noted the public hearing being set for October 6 refunding parking system revenue bonds. The Mayor declared the motion carried. 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). No one appeared. Moved by Champion, seconded by O'Donnell, to accept correspondence from Glenn Siders. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Wright, to defer indefinitely the 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. A public hearing was held 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, specify documentation requirements for special exceptions for communication towers, clarify co-location requirements, and add a requirement to remove towers after the use is discontinued. PCD Director Davidson present for discussion. Peter McNally, The Grinnell Group, appeared. Moved by Wilburn, seconded by O'Donnell, to September 29, 2009 Complete Description Page 3 accept correspondence from Peter McNally. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by O'Donnell, that the ordinance amending Title 14, Zoning, to allow communication towers in the Interim Development Residential (ID-RS and ID-RM) Zones by special exception, specify documentation requirements for special exceptions for communication towers, clarify co-location requirements, and add a requirement to remove towers after the use is discontinued, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning 3,450 square feet of land located at 611 Southgate Avenue (Breese Co.) from Community Commercial (CC-2) to Intensive Commercial (CI-1) (REZ09-00005). PCD Director Davidson present for discussion. Moved by O'Donnell, seconded by Correia, that the ordinance rezoning 3,450 square feet of land located at 611 Southgate Avenue (Breese Co.) from Community Commercial (CC-2) to Intensive Commercial (CI-1) (REZ09-00005), be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on a resolution authorizing the Mayor to sign and the City Clerk to attest a ground lease with the Joint Emergency Communications Services Association of Johnson County for placement of a monopole telecommunications tower at the Iowa City Industrial Park. No one appeared. Moved by Hayek, seconded by Correia, to adopt RES. 09-314, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A GROUND LEASE WITH THE JOINT EMERGENCY COMMUNICATIONS SERVICES ASSOCIATION OF JOHNSON COUNTY FOR PLACEMENT OF A MONOPOLE TELECOMMUNICATIONS TOWER AT THE IOWA CITY INDUSTRIAL PARK. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Champion, 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 second vote. Moved by Wright, seconded by Correia to defer second vote to December 1. The following individuals appeared: Henri Harper, City High School student advocate and school juvenile court liaison; Joyce Barker; Kenya Badgett; Jaycee Bryant, 2509 Bartelt Rd.; Royceann Porter, 136 Appanoose Ct.; Garry Klein, 628 - 2"d Ave.; Doug Fern, The Spot; Keshianer Denton, 2160 Davis St.; and Zach Wahls, 1219 Santa Fe Dr., Youth Advisory Commission. Individual Council Members expressed their views. The Mayor declared the motion to defer carried, 5/2, with the following division of voice vote. Ayes: Wilburn, Wright, Bailey, Champion, Correia. Nays: O'Donnell, Hayek. Absent: None. Moved by Wilburn, seconded by Hayek, to accept correspondence from Henri Harper, Mark Hubbard, Vershawn Young, Joyce Barker, Juli Mottinger [staff response included], Pat Jirsa [staff response included], Natalie Schlicht, Jane Klitzka, Susan Futrell. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, 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 second vote. The following individuals appeared: Garry Klein, 628 - 2"d Ave.; Peter Hansen, 1203 Cambria Ct.; and September 29, 2009 Complete Description Page 4 Kenya Badgett. Police Lt. Hart present for discussion. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion. Nays: Correia. Absent: None. Moved by Wilburn, seconded by Hayek, to accept correspondence from Garry Klein. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wright, seconded. by Hayek, 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 second 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, that the ordinance amending Title 4, `Alcoholic Beverages Chapter 5, Prohibitions and Restrictions", Section 3, "Consumption or Possession in Public Places and City Buildings to exclude property leased from the city for a period of 99 years or more from the prohibition on the use and possession of alcohol in a city park, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by O'Donnell, to defer indefinitely and refer to the Planning and Zoning Commission, the ordinance amending Article 14-7B-7, "Development Fees", to specify that the amount of the Near Southside Neighborhood Parking Facility District Impact Fee shall be adjusted annually based on the National Historical Cost Indexes contained in the most recent edition of the engineering new record rather than the means square foot costs manual and to hold any negative changes to the cost index of the preceding year. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Hayek, seconded by Correia, to adopt RES. 09-315, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND PUBLIC ACCESS TELEVISION, INC. FOR FUNDING, OPERATION AND MANAGEMENT OF THE LOCAL PUBLIC ACCESS FUNCTION. 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 Wright, to accept correspondence from Linda Kroon, Laurie Haag (2), Kelly Thornburg, Joe Jennison, Genie Maybanks, Adam Pollack, Terry Wahls, Annie Tucker, Kris Johnson, Andy Small, Steve Rudin, Michael Baxter, Gloria Williams, Paul Ingram, Mary Blackwood, Kelly Carrell, Kelly O'Berry, Joan Benson, Katy Sanders, Carly Armour, Lisa Schrelhart, Robin Butler, Jewel Amos, Amy Winslow, Bridget Malone, Nyle Jessen, Kasie Ver Schuure, Melissa Copeland-Silver, Melissa Brown, Alisa Meggitt, Judy Warth, Josh Goding. Moved by Champion, seconded by Wilburn, to adopt RES. 09-316, SUPPORTING INTERCITY PASSENGER RAIL SERVICE BETWEEN CHICAGO AND THE CITY OF IOWA CITY. 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. 09-317, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SECOND AMENDMENT TO THE FEBRUARY 10, 2009 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND FOTH INFRASTRUCTURE AND ENVIRONMENTAL, L.L.C. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE 420T" STREET CORRIDOR IMPROVEMENTS PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. September 29, 2009 Complete Description Page 5 Moved by Champion, seconded by Hayek, to adopt RES. 09-318, AMENDING THE BUDGETED POSITIONS IN THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT BY ADDING TWO SPECIAL PROJECTS ADMINSTRATORS POSITION. Public Works Director Fosse present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies to Boards and Commissions: Airport Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus a five-year term ending December 31, 2011; Airport Zoning Brd of Adjustment to fill afive-year term January 1, 2009 -December 31, 2013; Airport Zoning Commission to fill asix-year term January 1, 2006 -December 31, 2011; Appeals, Board of to fill afive-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Youth Advisory Commission for two vacancies to fill unexpired terms, effective upon appointment, plus two-year terms January 1, 2010 -December 31, 2011, At-Large; Youth Advisory Commission to fill atwo- yearterm, Tate High, January 1, 2009 -December 31, 2010. Applications must be received by 5:00 p.m., Wednesday, October 14, 2009. 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 for At Large and Regina High, January 1, 2010 -December 31, 2011. Applications must be received by 5:00 p.m., Wednesday, October 28, 2009. The Mayor noted the current vacancy: Board of Adjustment to fill an unexpired term, effective upon appointment, ending January 1, 2011. Applications must be received by 5:00 p.m., Wednesday, November 4, 2009. Moved by O'Donnell, seconded by Hayek, to accept correspondence from Terry Hora. 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 Wright highlighted a program "Managing Energy Efficiency in Older Houses" scheduled for October 1 at the Public Library; and the Downtown Gallery Walk on October 2. Council Member Wilburn wished the West High SSIKE program good luck on their diversity dinner scheduled for September 30. Council Member Hayek reported on his attendance on various ceremonies commemorating the 70th anniversary at City High. Mayor Bailey reminded citizens of the McCollister Bridge dedication scheduled for September 30; and the Iowa City Public Library community reads project "Animal, Vegetable, Miracle" scheduled October 8. Council Member Wilburn also reminded everyone of the Human Rights Breakfast scheduled October 22 at 7:30 AM at Hotel Vetro. ~aal~ ~~i~ `aaey{ •yl ueueW ao~(ew `~(alie8 •Q eiua6a~ •~uasaad saagwaW Ilouno~ Ile `0/L `~Isnowiueun palaaeo uoi~ow aye paaeloap ao~(eW ayl •w•d 50:6 6ul~aaw uanofpe o} `IlauuoQ,p ~(q papuooas `uangllM ~(q panoW g abed uoi~dlaosaa a~aldwo~ 6002 `6Z aagwa~das 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 OCTOBER 6, 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, O'Malley. The Mayor presented Outstanding Student Citizenship Awards to Roosevelt Elementary students: Mariah Davis, Jessie Harder, Zainab Makky. The Mayor proclaimed White Cane Safety Day -October 15, 2009, Patti Westphal and Trish Moore, Old Capital Chapter NIB (National Federation of the Blind) accepting. Moved by Champion, seconded by O'Donnell, 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: September 28, Special Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Airport Commission -August 20, 2009; Youth Advisory Commission -August 26, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. New: Special Class C Liquor License for Prairie Lights Books, Inc., dba Times Club at Prairie Lights, 15 S. Dubuque St.; Class B Wine Permit for Prairie Lights Books, Inc., dba Times Club at Prairie Lights, 15 S. Dubuque St.; Class C Liquor License for Blue Moose, Inc., dba Blue Moose, 211 Iowa Ave. Renewal: Class C Liquor License for Hilltop Tavern, Ltd., dba Hilltop Lounge, 1100 N. Dodge St.; Class E Liquor License for Sauce, Inc., dba Sauce, 108 E. College St.; Class C Liquor License for Los Portales Mexican Restaurant, Inc., dba Los Portales, 1402 S. Gilbert St.; Class C Liquor License for Caffrey, Inc., dba DC's, 124 S. Dubuque St.; Class C Beer Permit for HWZ, LLC, dba RJ'Z Express, 2 Escort Ln.; Class B Native Wine Permit for HWZ, LLC, dba RJ'Z Express, 2 Escort Ln.; Special Class C Liquor License for Angela, Inc., dba Masala, 9 S. Dubuque St.; RES. 09-319, TO ISSUE DANCING PERMIT to Blue Moose, Inc., dba Blue Moose, 211 Iowa Ave. Public Hearing: RES. 09-320, SETTING PUBLIC HEARING FOR OCTOBER 20, 2009, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 983 LONGFELLOW PLACE; RES. 09-321, SETTING A PUBLIC HEARING for October 20, 2009, ON AMENDING THE FY2010 OPERATING BUDGET. Resolution: RES. 09-322, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A THIRD MORTGAGE FOR THE PROPERTY LOCATED 2750 IRVING AVENUE, IOWA CITY, IOWA. Correspondence: Lori Cardella regarding Information on the Franchise Fee [staff response included], Dana Hall, Sterling Saunders, Rachel Corrigan; Eve Casserly regarding September 18 Senior Center Forum; Curfew letters from Brian Complete Description October 6, 2009 Page 2 Bradley, Kathryn Hannemann, Cindy Roberts (2), Judy Leonard regarding Curfew and Yard waste bags [staff response included]. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Mary Gravitt, 2714 Wayne Ave., reported a problem with the fare charged for on the Johnson County SEATS and stated she had not been notified of any change; and concerns regarding the southeast side of the City. Interim City Manager Helling will follow up on the SEATS fare issue. Ros Hayslett, 1902 Grantwood St., stated her frustrations with problems on the southeast side of the City. Moved by Wilburn, seconded by O'Donnell, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it Is to be finally passed be suspended, the second consideration and vote be waived, and that the ordinance amending Title 14, Zoning, to allow communication towers in the Interim Development Residential (ID-RS and ID-RM) Zones by special exception, specify documentation requirements for special exceptions for communication towers, clarify co- loration requirements, and add a requirement to remove towers after the use is discontinued, be voted on for final passage at this time. The Mayor declared the motion defeated, 5/2 (extra majority of 6 required) by the following roll call vote: Ayes: Bailey, Champion, Correia, O'Donnell, Wilburn. Nays: Hayek, Wright. Absent: None. Moved by Wilburn, seconded by O'Donnell, that the ordinance amending Title 14, Zoning, to allow communication towers in the Interim Development Residential (ID-RS and ID-RM) Zones by special exception, specify documentation requirements for special exceptions for communication towers, clarify co- loration requirements, and add a requirement to remove towers after the use is discontinued, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Hayek, that the ordinance rezoning 3,450 square feet of land located at 611 Southgate Avenue (Breese Co.) from Community Commercial (CC-2) to Intensive Commercial (CI-1) (REZ09-00005), be given second vote. Affirmative roll calf vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on a resolution instituting proceedings to take additional action for the authorization of a loan agreement and the issuance of not to exceed $10,000,000 Parking System Revenue Refunding Capital Loan Notes, Series 2009F. Finance Dir. O'Malley present for discussion. Moved by Wilburn, seconded by Hayek, to adopt RES. 09-323, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $10,000,000 PARKING SYSTEM REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2009F. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on an ordinance amending Title 3 "City Finances, Taxation & Fees," Chapter 4 "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 3-4-3 entitled "Potable Water Use and Service," of the City Code, to increase or change water service charges and fees in Iowa City, Iowa. No one appeared. Complete Description October 6, 2009 Page 3 Moved by O'Donnell, seconded by Champion, that the ordinance amending Title 3 "City Finances, Taxation & Fees," Chapter 4 "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 3-4-3 entitled "Potable Water Use and Service," of the City Code, to increase or change water service charges and fees in Iowa City, Iowa, 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 Wright, that ORD. 09-4356, AMENDING TITLE 8, POLICE REGULATIONS, CHAPTER 5, MISCELLANEOUS OFFENSES, TO ADD A NEW SECTION 11, ENTITLED "STANDING, LOITERING AND OBSTRUCTING PERSONS, be passed and adopted. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote. Ayes: Wright, Bailey, Champion, Hayek, O'Donnell, Wilburn. Nays: Correia. Absent: None. Moved by Wright, seconded by Hayek, that ORD. 09-4357, AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 2, LIQUOR LICENSES AND BEER PERMITS, SECTION 3, LOCAL REVIEW OF APPLICATION /INVESTIGATION OF APPLICANT, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Hayek, seconded by Correia, that the ordinance amending Title 4, "Alcoholic Beverages" Chapter 5, "Prohibitions and Restrictions", Section 3, "Consumption or Possession in Public Places and City Buildings to exclude property leased from the city for a period of 99 years or more from the prohibition on the use and possession of alcohol in a city park, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Hayek, seconded by Wilburn, to adopt RES. 09-324, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA RIVER WATER MAIN CROSSINGS PROJECT. 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. 09-325, TO ESTABLISH A UNIFORM POLICY REGARDING THE LOWERING OF THE FLAG OF THE UNITED STATES TO HALF STAFF AT CITY BUILDINGS AND RESCIND RESOLUTION NO 71-444. 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 fill an unexpired term, effective upon appointment, plus a five-year term ending December 31, 2011; Airport Zoning Brd of Adjustment to fill afive-year term January 1, 2009 -December 31, 2013; Airport Zoning Commission to fill a six-year term January 1, 2006 -December 31, 2011; Appeals, Board of to fill afive-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Youth Advisory Commission for two at large unexpired terms, effective upon appointment, plus two-year terms January 1, 2010 -December 31, 2011; Youth Advisory Commission to fill atwo-year term for a Tate High representative for January 1, 2009 -December 31, 2010. Applications must be received by 5:00 p.m., Wednesday, October 14, 2009. Airport Zoning Commission to fill a six-year term January 1, 2010 -December 31, 2015; Appeals, Board of to fill afive-year term Complete Description October 6, 2009 Page 4 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 for Regina High and at large, January 1, 2010 -December 31, 2011. Applications must be received by 5:00 p.m., Wednesday, October 28, 2009. Board of Adjustment to fill an unexpired term, effective upon appointment, ending January 1, 2011. Applications must be received by 5:00 p.m., Wednesday, November 4, 2009. The Mayor noted the current vacancy: Appeals, Board of to fill an unexpired term, effective upon appointment, ending December 31, 2010, for a Licensed Electrician. Applications must be received by 5:00 p.m., Wednesday, November 18, 2009. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council Member Correia stated she would be traveling to Davenport to meet with Davenport Police officials and talk about some of the neighborhood crime prevention strategies they've employed over the past three years. Council Member Hayek noted it was City primary days and encouraged citizens who had not voted to get to the polls before they closed. Mayor Bailey announced that Iowa City was designated a "great place" by the Iowa Department of Cultural Affairs, and she would be a member of the delegation accepting the award in Des Moines on October 16tH Interim City Manager Helling reported that a news release had gone out earlier in the day on the leaf pickup schedule for the City and additional information is available on the City website. Moved by Wilburn, seconded by O'Donnell, to adjourn meeting 7:35 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Regenia D. Bailey, Mayor Marian K. Karr, City Clerk