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HomeMy WebLinkAbout2009-11-17 Council minutes* Revised 12/1/09 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 NOVEMBER 17, 2009 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Hayek, O'Donnell, Wilburn, Wright. Absent: Correia. Staff members present: Helling, Fosse, Boothroy, Dilkes, Karr, Hennes, Davidson, Panos, Grier, Kelsay, Rackis. The Mayor presented Outstanding Student Citizenship Awards to Shimek Elementary students: Dylan Leigh; Andrew Parr; Hailey Verdick. The Mayor proclaimed: National Week of Hunger and Homelessness Awareness - November 15-21, 2009, Crissy Canganelli, Local Co-Chair Homeless Coordinating Board 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. November 2, Regular Council Work Session; November 2, Special Council Formal Official and Complete (1); November 2, Special Council Formal Official and Complete (2). Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). Senior Center Commission: August 25, 2009; Youth Advisory Commission: October 8, 2009; Police Citizens Review Board: October 13, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class E Liquor License for Fareway Stores, Inc., dba Fareway Stores, Inc., #950, 2530 Westwinds Dr.; Class E Liquor License for Fareway Stores, Inc., dba Fareway Stores, Inc., #034, 2765 Commerce Dr.; Renewal: Class C Liquor License for Lusati, Inc., dba Quinton's Bar & Deli, 215 E. Washington St.; Class C Liquor License for Suzster, Inc., dba Club Car, 122 Wright St.; Class C Beer Permit for Aldi, Inc., dba Aldi, Inc., #6, 1534 S. Gilbert St.; Class C Liquor License for Blazin Wings, Inc., dba Buffalo Wild Wings Grill & Bar, 201 S. Clinton St.; Special Class C Liquor License for India Cafe Corp., dba India Cafe, 227 E. Washington St.; RES. 09-349, TO ISSUE DANCING PERMIT to Summit Restaurant & Bar, Inc., dba Summit, 10 S. Clinton St. Resolutions: RES. 09-350, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF MORTGAGE FOR THE PROPERTY LOCATED AT 2673 INDIGO COURT, IOWA CITY, IOWA. RES. 09-351, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 122 E. MARKET STREET, IOWA CITY, IOWA; RES. 09-352, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 440 3RD AVENUE, IOWA CITY, IOWA; RES. 09-353, AUTHORIZING THE MAYOR TO SIGN 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 NOVEMBER 17, 2009 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Hayek, O'Donnell, Wilburn, Wright. Absent: Correia. Staff memb s present: Helling, Fosse, Boothroy, Dilkes, Karr, H nnes, Davidson, Panos, Grier, Kelsay, ckis. The Mayor prese ed Outstanding Student Citizenship Awards to himek Elementary students: Dylan Leigh; An ew Parr; Hailey Verdick. The Mayor proclaime :National Week of Hunger and Homele sness Awareness - November 15-21, 2009, Criss Canganelli, Local Co-Chair Homele Coordinating Board accepting. Moved by Champion, seco ded by Hayek, that the followi items and recommendations in the Consent lendar be received, or appr ved, and/or adapted as amended: Approval of Council Actio s, subject to correcti s, as recommended by the City Clerk. November 2, Regular ouncil Work Sess' n; November 2, Special Council Formal Official and Complete (1); vember 2, Spe ial Council Formal Official and Complete (2). Receive and File Minutes of Bo ds and ommissions (any recommendations contained in minutes become effective ly up n separate Council action). Senior Center Commission: August 25, 2009; Yo t Advisory Commission: October 8, 2009; Police Citizens Review Board: October 13, 009. Permit Motions and Resolutions a R commended by the City Clerk. New: Class E Liquor License for Fare y St es, Inc., dba Fareway Stores, Inc., #950, 2530 Westwinds Dr.; Class E uor Lice se for Fareway Stores, Inc., dba Fareway Stores, Inc., #034, 2765 C mmerce Dr.' Renewal: Class C Liquor License for Lusati, Inc., dba Quinton's Bar Deli, 215 E. ashington St.; Class C Liquor License for Suzster, Inc., dba CI Car, 122 Wrigh St.; Class C Beer Permit for Aldi, Inc., dba Aldi, Inc., #6, 1534 S. filbert St.; Class C 'quor License for Blazin Wings, Inc., dba Buffalo Wild Wings rill & Bar, 201 S. Clint St.; Special Class C Liquor License for India Cafe Corp ,dba India Cafe, 227 E. ashington St.; RES. 09-349, TO ISSUE DANCING PERMI to Summit Restaurant & Ba ,Inc., dba Summit, 10 S. Clinton St. Resolutions: R S. 09-350, AUTHORIZING THE AYOR TO SIGN AND THE CITY CLERK TO ATT ST TO THE RELEASE OF MOR AGE FOR THE PROPERTY LOCAT D AT 2673 INDIGO COURT, IOWA CITY, IOWA. RES. 09-351, AUTHORIZING TH MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 122 E. MARKET STREET, IOWA CITY, IOWA; RES. 09-352, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 440 3RD AVENUE, IOWA CITY, IOWA; RES. 09-353, AUTHORIZING THE MAYOR TO SIGN Complete Description November 17, 2009 Page 2 AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2122 F STREET, IOWA CITY, IOWA; RES. 09-354, ACCEPTING THE WORK FOR THE LOWER CITY PARK TENNIS COURT AND BUILDING ELECTRICAL FLOOD REPAIR PROJECT; RES. 09-355, ACCEPTING THE WORK FOR THE 2009 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT; RES. 09-356, ACCEPTING THE WORK FOR THE 2009 DURABLE PAVEMENT MARKING PROJECT; RES. 09-357, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR LYTHAM CONDOMINIUMS, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 09-358, ACCEPTING THE WORK FOR A CERTAIN WALKWAY AND A CERTAIN SIDEWALK IN LINDEMANN SUBDIVISION -PART THREE, AND DECLARING THE WALKWAY AND SIDEWALK OPEN FOR PUBLIC ACCESS AND USE; RES. 09-359, ACCEPTING THE WORK FOR THE STORM SEWER, TILE LINES, WATER MAIN, SANITARY SEWER, TEMPORARY TURN AROUND, TRAIL, AND PAVING PUBLIC IMPROVEMENTS FOR STONE BRIDGE ESTATES -PART SIX, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Correspondence: Acting Traffic Engineering Planner regarding Installation of (4) NO PARKING EVEN/ODD CALENDAR DATES 8AM-5PM, EXCEPT SUNDAYS signs on 200 South Johnson Street; Acting Traffic Engineering Planner regarding Installation of (1) NO PARKING HERE TO DRIVEWAY sign on Lafayette Street, approximately 50 feet east of Clinton Street; Constance Goeb Cuttell regarding Appointment to Human Rights Commission; Clay Claussen regarding Appointment to Parks and Recreation Commission; Jonathan Williams regarding Project Citizen; Marshal Poe regarding 225 EFairchild/Northside; Maggie McKnight regarding Chickens in Iowa City; Youth Advisory Commission regarding Neighborhood Safety Forum; Douglas Jones regarding Mosquito Flats Recovery; Douglas Jones regarding Mosquito Flats Recovery; Letters from Michelle Westfall, A.J. Black, Brandon Khounlo regarding Crime Related Issues. Motion: Approve the Abstract of Votes for the Iowa City Election held on November 3, 2009. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the motion carried. Jarrod Vincent, Eco-4 Partners, appeared informing Council of a Moss Family Development Group project coming to them shortly. Cindy Roberts, 2034 Grant Wood Street, thanked Council for their discussion of various crime prevention initiatives at their November 16th work session. Parks & Recreation Commissioner Ryan O'Leary updated Council on activities of the Commission. Moved by Champion, seconded by O'Donnell, to set a public hearing for December 1 on an ordinance to amend the conditional zoning agreement between Wal-Mart Stores, Inc. and the City of Iowa City by modifying the concept site plan for an approximately 25.16 acre property located at 1001 Highway 1 West (REZ09-00008). The Mayor declared the motion carried unanimously, 6/0, Correia absent. Complete Description November 17, 2009 Page 3 A public hearing was held on an ordinance conditionally rezoning approximately 7.91 acres of property located on Huntington Drive west of Taft Avenue, from Interim Development Single-Family to Medium Density Single-Family (REZ09-00007). Developer John Moreland appeared. PCD Director Davidson present for discussion. Moved by O'Donnell, seconded by Hayek, that the ordinance conditionally rezoning approximately 7.91 acres of property located on Huntington Drive west of Taft Avenue, from Interim Development Single-Family to Medium Density Single-Family (REZ09-00007), be given first vote. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 14, Zoning Code, to allow specialized educational facilities in the Intensive Commercial (CI-1) Zone by Special Exception. Moved by Wright, seconded by Champion, to accept correspondence from Judy O'Donnell. The Mayor declared the motion carried unanimously, 6/0, Correia absent. Moved by Champion, seconded by O'Donnell, that the ordinance amending Title 14, Zoning Code, to allow specialized educational facilities in the Intensive Commercial (CI-1) Zone by Special Exception, be given first vote. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 14, Zoning Code, to allow flexibility in the type of fence screening required for salvage yards. No one appeared. Moved by Wilburn, seconded by Hayek, that the ordinance amending Title 14, Zoning Code, to allow flexibility in the type of fence screening required for salvage yards, be given first vote. Moved by Wright, seconded by Wilburn, to amend the ordinance by modifying the requirement of solid fencing areas that will not be visible from public streets or other public rights of way, by adding "or the Iowa River". The Mayor declared the motion to amend carried unanimously, 6/0, Correia absent. The Mayor declared the motion carried on first consideration as amended, 6/0, Correia absent. A public hearing was held on an ordinance amending Title 14, Zoning Code, to correct language in the code to allow wheelchair ramps and stoops to extend into required setback areas for all types of buildings. No one appeared. Moved by Wright, seconded by Wilburn, that the ordinance amending Title 14, Zoning Code, to correct language in the code to allow wheelchair ramps and stoops to extend into required setback areas for all types of buildings, be given first vote. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 14, Zoning Code, to clarify standards that apply to duplexes and single-family attached dwellings in Planned Development Overlay (OPD) Zones. PCD Director Davidson present for discussion. Moved by Wilburn, seconded by Wright, that the ordinance amending Title 14, Zoning Code, to clarify standards that apply to duplexes and single-family attached dwellings in Planned Development Overlay (OPD) Zones, be given first vote. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the motion carried. A public hearing was held on an 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 news record rather than the means square foot Complete Description November 17, 2009 Page 4 costs manual and to hold any negative changes to the cost index of the preceding year. No one appeared. Moved by Champion, seconded by O'Donnell, that the ordinance amending Article 14- 76-7, "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 news record rather than the means square foot costs manual and to hold any negative changes to the cost index of the preceding year, be given first vote. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the motion carried. A hearing was held on the recommendation to deny the renewal of a Class C Liquor License for Summit Restaurant & Bar inc. dba The Summit, 10 S. Clinton Street. Police Sgt. Kelsay presented information. The following individuals appeared: Mike Porter, owner of The Summit; Atty. Steven Havercamp, representing The Summit; and Jeff Shipley. Moved by Wright, seconded by Wilburn, to deny in accordance with staff recommendation the renewal of a Class C Liquor License for Summit Restaurant & Bar inc. dba The Summit, 10 S. Clinton Street. Individual Council Members expressed their views. The Mayor declared the motion carried unanimously, 6/0, Correia absent. Moved by Wilburn, seconded by O'Donnell, to accept correspondence from Sgt. Kelsay and Atty. Havercamp. The Mayor declared the motion carried unanimously, 6/0, Correia absent. A public hearing was held on an ordinance amending Title 17, Chapter 1, Building Code, by adopting the International Building Code, 2009 Edition, and the International Residential Code, including Appendix F Radon Control Methods, 2009 Edition, published by the International Code Council and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa. The following individuals appeared: Glenn Siders, PO Box 1907; Dan Smith, 905 Wylde Green Rd., representing Iowa City Home Builders Association. Moved by Hayek, seconded by Wilburn, that the ordinance amending Title 17, Chapter 1, Building Code, by adopting the International Building Code, 2009 Edition, and the International Residential Code, including Appendix F Radon Control Methods, 2009 Edition, published by the International Code Council and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa, be given first vote. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 17, Chapter 2, by adopting the Uniform Plumbing Code, 2009 Edition, and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa. No one appeared. Moved by O'Donnell, seconded by Wright, that the ordinance amending Title 17, Chapter 2, by adopting the Uniform Plumbing Code, 2009 Edition, and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa, be given first vote. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 17, Chapter 4, Mechanical Code, by adopting the International Mechanical Code, 2009 Edition, published by the International Code Council, and providing for certain amendments thereof; to provide for the Complete Description November 17, 2009 Page 5 protection of the health, welfare and safety of the Citizens of Iowa City, Iowa. No one appeared. Moved by Champion, seconded by O'Donnell, that the ordinance amending Title 17, Chapter 4, Mechanical Code, by adopting the International Mechanical Code, 2009 Edition, published by the International Code Council, and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa, be given first vote. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 17, Chapter 13, Fuel Gas Code, by adopting the International Fuel Gas Code, 2009 Edition, published by the International Code Council, and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa. No one appeared. Moved by Hayek, seconded by Wilburn, that the ordinance amending Title 17, Chapter 13, Fuel Gas Code, by adopting the International Fuel Gas Code, 2009 Edition, published by the International Code Council, and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa, be given first vote. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 7, Chapter 1, Fire Prevention and Protection, by adopting the 2009 Edition of the International Fire Code to regulate and govern the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Iowa City and providing for the issuance of permits. No one appeared. Moved by O'Donnell, seconded by Hayek, that the ordinance amending Title 7, Chapter 1, Fire Prevention and Protection, by adopting the 2009 Edition of the International Fire Code to regulate and govern the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Iowa City and providing for the issuance of permits, be given first vote. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the motion carried. A public hearing was held on a resolution approving plans, specifications, and estimate of cost for the construction of the North Dodge Street Pedestrian Bridge over I-80 [ESIM-080-6(285)243--OS-52], establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by Wright, seconded by Champion, to adopt RES. 09-360, APPROVING PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTH DODGE STREET PEDESTRIAN BRIDGE OVER I-80 [ESIM-080-6(285)243-- OS-52], ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the resolution adopted. Complete Description November 17, 2009 Page 6 Moved by Wilburn, seconded by Wright, that the 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. 09-4362, 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, be voted on for final passage at this time. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the motion carried. Moved by Wilburn, seconded by Wright, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by Hayek, that the ordinance amending Title 12, entitled "Franchises", of the City Code to add a chapter imposing a franchise fee on the gross revenue of 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, be given second vote. The following individuals appeared: Joe Raso, 325 E. Washington Street, President Iowa City Area Development Group (ICAD); Derek Easton, 18 Crabapple Ct., Proctor & Gamble Plant Manager; Anita Falkofske Eaton, Plant Manager for Proctor and Gamble's Iowa City Oral-B Laboratories manufacturing plant; David Bywater, 211 Post Rd., representing Economy Advertising; Dan Schweer; and Jeff Shipley, UISG Student Liaison. Individual Council Members expressed their views. The Mayor declared the motion carried, 5/1, with the following division of roll call vote: Ayes: Hayek, O'Donnell, Wilburn, Wright, Bailey. Nays: Champion: Absent: Correia. Moved by O'Donnell, seconded by Wright, to accept correspondence from Nila Haug, Sam Hays, Chris Hoenig. The Mayor declared the motion carried unanimously, 6/0, Correia absent. Moved by Wright, seconded by Wilburn, that the ordinance amending ordinance Code Section 16-1 D-2, entitled "Permit Requirements" to require and allow Council to set by resolution an excavation permit fee schedule, be given second vote. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the motion carried. Moved by Hayek, seconded by Wilburn, to adopt RES. 09-361, ADOPTING THE PROCUREMENT POLICY FOR THE IOWA CITY HOUSING AUTHORITY AND RESCINDING RESOLUTION NO. 91-155. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the resolution adopted. Moved by Wright, seconded by Hayek, to adopt RES. 09-362, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE WATER SOURCE WELL FLOOD MITIGATION PROJECT. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the resolution adopted. 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 a five-year term January 1, 2009 Complete Description November 17, 2009 Page 7 - December 31, 2013; Airport Zoning Commission to fill asix-year term January 1, 2006 - December 31, 2011; Airport Zoning Commission to fill asix-year term January 1, 2010 - December 31, 2015; Appeals, Board of to fill afive-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Appeals, Board of to fill an unexpired term, effective upon appointment, ending December 31, 2010, for a Licensed Electrician; Appeals, Board of to fill afive-year term January 1, 2010 -December 31, 2014, for a Building Design Professional; Public Art Advisory Committee to fill athree-year term January 1, 2010 - January 1, 2013, for an Art/Design Professional; Youth Advisory Commission -Two vacancies to fill unexpired terms, effective upon appointment, plus two-year terms January 1, 2010 -December 31, 2011 for two persons At-Large; Youth Advisory Commission to fill a two-year term One (1) person -Tate High, January 1, 2009 -December 31, 2010; Youth Advisory Commission -One vacancy to fill a two-year term for One (1) person -Regina High, January 1, 2010 -December 31, 2011. 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 by Hayek, seconded by Wright, to appoint Le Ann Tyson, 1408 Brookwood Drive, to the Board of Adjustment to fill an unexpired term, effective upon appointment, ending January 1, 2011. The Mayor declared the motion carried unanimously, 6/0, Correia absent. Mayor Bailey wished everyone a Happy Thanksgiving; and noted the Police Citizens Review (PCRB) community forum on November 18. Council Member Wilburn wished the City High football team good luck in the state tournament. Acting Asst. City Manager Fosse reported that holiday lights are up on Iowa Avenue. Interim City Manager Helling stated holiday lights would be in the trees on Washington Street as well. Moved by Wilburn, seconded by Hayek, to adjourn meetin/~:35 p.m. The Mayor declared the motion carried unanimously, 6/0, Correia absent. C ~ ^ nia D. bailey, ~ ~~~ ~. ~~ Marian K. Karr, City Clerk r ~:,;.®~ CITY CAF IDWA CITY 4a ..m,~~~~ ~~~a Date: November 2, 2009 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, November 2, 2009, 5:58 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright Staff: Helling, Fosse, Bollinger, Dilkes, Karr, Hargadine, Davidson, Yapp, J. Bailey, Rackis, Severson, Fortmann, O'Malley, Boothroy (A complete transcription is available in the City Clerk's Office and the City website) COUNCIL APPOINTMENTS Airport Zoning Commission - re-advertise, no applicants Board of Appeals - re-advertise, no applicants Human Rights Commission -Fernando Mena-Carrasco, Dr. Howard Cowen and Connie Goeb Cuttell Parks and Recreation Commission -John Westefeld and Clayton "Clay" Claussen Public Art Advisory Committee - re-advertise, no applicants Senior Center Commission -Charles Felling and Jean Martin Youth Advisory Commission - Arianna Aron AGENDA ITEMS 1. (Agenda item # 9, ordinance amending Title 12, entitled "franchises", ... imposing a franchise fee ...and on a revenue purpose statement specifying the purpose or purposes for which the revenue collected from the franchise fee will be expended) Council Member Wright expressed interest in discussing the correspondence from Karen Kubby to remove the word "infrastructure" from the purpose statement. 2. (Consent Calendar # 4f (7) -correspondence from Downtown Association regarding panhandling issues) In response to Mayor Bailey, Interim City Manager Helling stated he would convene a staff committee to review the issues identified in the letter and report back to Council with recommendations after the first of the year. City Atty. Dilkes stated legal staff will be involved and point out areas that are problematic from a legal perspective but would relay on Council direction before preparing legislation. 3. (Consent Calendar # 4f (8) -correspondence regarding community gardens) In response to Council Member Correia, Interim City Manager stated the Parks & Recreation Commission have not reached a decision yet and that the Commission would be sensitive to the feeling sin the neighborhood and would solicit neighborhood input. 4. (Agenda item # 17 -resolution approving „agreement ... Foth Infrastructure and Environment ... consultant services for the Lower Muscatine Road Reconstruction Project) In response to Council Member Correia, Acting Asst. City Manger /Public Works Director Fosse reported staff was researching several options in the project. Council Work Session November 2, 2009 Page 2 5. (Agenda item # 13, ordinance amending Section 16-1 D-2 ... excavation permit fee schedule) In response to Mayor Bailey, City Atty. Dilkes and ,Acting Asst. City Manger / Public Works Director Fosse clarified the fee would not apply to an utility that the City has a franchise fee in accordance with state law. GIFTS/NAMING POLICY (info packet #2] Interim City Manager Helling facilitate discussion on the memo in the information packet. After discussion a majority agreed: a) No naming opportunities for any facilities for strictly financial purposes b) Individual names should be used to honor histories figures or to make honorific recognition of an employee or volunteer, a minimum of ten years after their death c) City Attorney will research impact of such a policy on Library and Airport facilities STAFF ACTION: Prepare summary memo for final review of the policy and then prepare resolution. (Helling) CRIME RELATED ISSUES UPDATE/DAVENPORT PROGRAM REPORT (info packet #3] Due to the lateness of the meeting, and the scheduled beginning time of the formal, majority agreed to schedule this for discussion on Monday, November 16. STAFF ACTION: Schedule on November 16 work session agenda. (Helling) INFORMATION PACKET DISCUSSION [10/22 AND 10/29] (IP6 of 10/29 Info Packet -Memo from Interim City Manager re Legislative Priorities for 2010) City Clerk Karr noted the priorities identified earlier on alcohol matters such as researching cover charges and drink specials, and questioned adding consideration of raising cigarette and alcohol licensing fees. After discussion a majority directed the Clerk to prepare a memo for discussion at the November 16 work session. The Mayor requested that staff follow up with the City Assessor to get updated condo information for presentation at the joint meeting with area legislators planned December 7. Majority also agreed to not include a statement regarding the Road Use Tax Fund and instead separately support the League's priorities. COUNCIL TIME None BUDGET/PRIORITIES None SCHEDULE OF PENDING DISCUSSION ITEMS info packet #4 of 10/301nfo Packet) Majority agreed to move back to the 2010 year the following pending items: • Inclusionary Zoning and Scattered Site Housing • Meet with Historic Preservation Commission: energy efficiency /green issues Council Work Session November 2, 2009 Page 3 UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS Majority agreed to ask staff to coordinate City events that are sponsored by a City department, with the Council meeting schedule to afford scheduling on an evening that Council is holding a meeting. STAFF ACTION: Prepare a memo to City departments. (Helling) DISCUSSION OF MEETING SCHEDULE None Meeting adjourned 6:57 PM. 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 -11/2/09 Iowa City City Council special meeting, 5:32 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: None. Moved and seconded to adjourn to executive session to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. The minutes and the tape recording of a session closed under this paragraph (Real Estate) shall be available for public examination when the transaction discussed is completed. The Mayor declared the motion carried and adjourned into executive session. Moved and seconded to adjourn special meeting 5:58 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Regenia D. Bailey, Mayor s/Marian K. Karr, City Clerk ~'~~~r-~ ~ ~~ Subm~d for publication -11/14/09. 4a 3 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost of this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 11/2/09 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 presented Outstanding Student Citizenship Awards to Mark Twain Elementary students: Georgia Conrad, Makayla Herdliska, Ahtsiri Rodriguez. The Mayor proclaimed Veterans Remembrance Day -November 11, 2009. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as presented: Approval of Council Actions, subject to corrections, as recommended by the City Clerk. October 15, Special Council formal Official and Complete; October 19, Regular Council Work Session; October 20, 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 -September 24, 2009; Human Rights Commission -September 15, 2009; Planning and Zoning Commission -September 17, 2009; Board of Adjustment -September 9, 2009; Airport Commission -September 17, 2009; Civil Service Commission -October 22, 2009; Parks and Recreation Commission -September 9, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Old Capitol Brew Works & Public House, LLC, 525 S. Gilbert St.; Class B Beer Permit for Pit Smokehouse, LLC, 130 N. Dubuque St. Public Hearings: Set a public hearing on November 17, 2009 to receive public comments regarding ordinances adopting the 2009 Editions of the International Building Code, International Residential Code, International Fire Code, Uniform Plumbing Code, International Mechanical Code, and International Fuel Gas Code; RES. 09-336, SETTING A PUBLIC HEARING ON NOVEMBER 17, 2009 ON PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTH DODGE STREET PEDESTRIAN BRIDGE OVER 180 PROJECT [ESIM-080- 6(285)243--OS-52], DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 09-337, ACCEPTING THE WORK FOR THE 2009 WATER MAIN DIRECTIONAL BORING PROJECT; RES. 09-338, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT FOR 962 LONGFELLOW COURT. Correspondence: Acting JCCOG Traffic Engineering Planner regarding Installation of NO PARKING ANYTIME signs on the west side of Huntington Drive Official Actions November 2, 2009 Page 2 north of Court Street; Traffic Engineering Planner regarding Installation of (1) NO PARKING CORNER TO HERE sign on the northwest corner of the intersection of Page Street and Dodge Street; JCCOG Traffic Engineering Planner regarding Change the terms of the existing commercial vehicle loading zone on the south side of the 10 block of Jefferson Street from 8AM-5PM to 24 hours and reduce the size of the zone from 100 feet to 80 feet. JCCOG Traffic Engineering Planner regarding Change in parking meter terms from 30 minutes to 1 hour for meter M330E located in front of 330 E Market Street; Nancy Heinz regarding Oakland Cemetery used for ghoulish entertainment; Donna Grgurich regarding Monitoring visit for Iowa City flood contracts; Darla Boudjenah regarding DTA Letter on Panhandling Issues; Elizabeth Maher regarding Community Gardens; Sue Loving regarding Curfew, Funding for Neighborhood Watch and Police Force; Edward Philips regarding Leaf Blowers. The following individuals appeared supporting the letter from the Downtown Association regarding panhandling: Leah Cohen, President; Ritu Jain (Textiles); Catherine Champion (Cheap & Chic and Catherine's); Jim Mondanaro, (Bread Garden, Givanni's, Joseph's, and Saloon). The Mayor declared the motion carried. Leah Cohen, Downtown Association President, updated Council on upcoming events. Brandy Mastain, 2408 Whispering Prairie Ave., expressed concerns of the Grant Wood neighborhood. Moved and seconded to set a public hearing for November 17 on an ordinance conditionally rezoning 7.91-acres of land located on Huntington Drive West of Taft Avenue from Interim Development Single-Family Residential (ID-RS) to Medium Density Single- Family Residential (RS-8) Zone (REZ09-00007). The Mayor declared the motion carried. Moved and seconded to set a public hearing for November 17 on an ordinance amending Title 14, Zoning Code, to allow specialized educational facilities in the Intensive Commercial (CI-1) Zone by Special Exception. The Mayor declared the motion carried. Moved and seconded to set a public hearing for November 17 on an ordinance amending Title 14, Zoning Code, to allow flexibility in the type of fence screening required for salvage yards. The Mayor declared the motion carried. Moved and seconded to set a public hearing for November 17 on an ordinance amending Title 14, Zoning Code, to correct language in the code to allow wheelchair ramps and stoops to extend into required setback areas for all types of buildings. The Mayor declared the motion carried. Moved and seconded to set a public hearing for November 17 on an ordinance amending Title 14, Zoning Code, to clarify standards that apply to duplexes and single-family attached dwellings in Planned Development Overlay (OPD) Zones. The Mayor declared the motion carried. Moved and seconded to set a public hearing for November 17 on an 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 news 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. Official Actions November 2, 2009 Page 3 A public hearing was held on a resolution authorizing conveyance of the vacated portions of Court Street west of Madison Street, and Front Street south of Burlington Street to the University of Iowa and rescinding Resolution No. 07-279. Moved and seconded to adopt RES. 09-339, AUTHORIZING CONVEYANCE OF THE VACATED PORTIONS OF COURT STREET WEST OF MADISON STREET, AND FRONT STREET SOUTH OF BURLINGTON STREET TO THE UNIVERSITY OF IOWA AND RESCINDING RESOLUTION NO. 07-279. A public hearing was held on an ordinance 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. Moved and seconded that the ordinance 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, be given first vote. The Mayor declared the motion carried. A public hearing was held 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 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. The following individuals appeared: Jeff Shipley, UISG Council Liaison; Deborah Thornton, Ax The Tax Group; Joe Raso, Iowa City Area Development Group (ICAD); Dan Tallon; Rebecca Neades, Iowa City Area Chamber of Commerce. Moved and seconded to accept correspondence from Helene Hembreiker; Karen Kubby; George Connell; Joe Raso, Iowa City Area Development Group (ICAD). The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 12, entitled "Franchises", of the City Code to add a chapter imposing a franchise fee on the gross revenue of 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, be given first vote. The Mayor declared the motion carried. A public hearing was held on a resolution amending the FY2010 Operating Budget. Moved and seconded to adopt RES. 09-340, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2010. Moved and seconded to approve a tax exemption certificate. The Mayor declared the motion carried. Moved and seconded to approve a continuing disclosure certificate. The Mayor declared the motion carried. Moved and seconded to adopt RES. 09-341, APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $9,110,000 PARKING SYSTEM REVENUE REFUNDING CAPITAL LOAN Official Actions November 2, 2009 Page 4 NOTES, SERIES 2009F, AND PROVIDING FOR A METHOD OF PAYMENT OF THE NOTES. Moved and seconded that ORD. 09-4361, 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 passed and adopted. Moved and seconded that the ordinance amending ordinance code section 16-1 D-2, entitled "Permit Requirements" to require and allow Council to set by resolution an excavation permit fee schedule, be given first vote. The Mayor declared the motion carried. Moved and seconded to adopt RES.. 09-342, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A LEASE AGREEMENT WITH SHELTER HOUSE COMMUNITY SHELTER AND TRANSITION SERVICES, INC. FOR RENTAL OF THE MAIN LEVEL OF THE OLD ST. PATRICK'S PARISH HALL OWNED BY THE CITY AND LOCATED AT 435 S. LINN STREET FOR THE PURPOSE OF PROVIDING SPACE FOR THE OVERFLOW PROJECT DURING THE WINTER MONTHS. Moved and seconded to adopt RES. 09-343, ADOPTING ECONOMIC DEVELOPMENT POLICIES AND STRATEGIES FOR THE CITY OF IOWA CITY 2009-2010. Moved and seconded to adopt RES. 09-344, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR A FEDERAL HIGHWAY STIMULUS PROGRAM PROJECT AGREEMENT BETWEEN THE IOWA DEPARTMENT OF TRANSPORTATION AND THE CITY OF IOWA CITY FOR THE CONSTRUCTION OF THE NORTH DODGE STREET PEDESTRIAN BRIDGE OVER 180 PROJECT [ESIM-080- 6(285)243--OS-52]. Moved and seconded to adopt RES. 09-345, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT (KIRKWOOD AVE. TO 1ST AVE). Moved and seconded to adopt RES. 09-346, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MID EASTERN IOWA COMMUNITY MENTAL HEALTH CENTER TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. Moved and seconded to adopt RES. 09-347, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A MUTUAL AID AND ASSISTANCE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE WATERNVASTEWATER AGENCY RESPONSE NETWORK ("IOWARN"). Moved and seconded to adopt RES. 09-348, APPROVING AN AGREEMENT TO PURCHASE 321 DAVENPORT STREET. The Mayor noted previous announced vacancies to Boards and Commissions: 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; Airport Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus afive-year term Official Actions November 2, 2009 Page 5 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; Appeals, Board of to fill an unexpired term, effective upon appointment, ending December 31, 2010, for a Licensed Electrician; Youth Advisory Commission for two At-Large vacancies to fill unexpired terms, effective upon appointment, plus two-year terms January 1, 2010 -December 31, 2011; Youth Advisory Commission fill atwo-year term for Tate High, January 1, 2009 -December 31, 2010. Applications must be received by 5:00 p.m., Wednesday, November 18, 2009. Moved and seconded to make the following appointments to Boards and Commissions: appoint Fernando Mena-Carrasco, 207 Myrtle Avenue #6, Constance Goeb Cuttell, 145 Oakridge Avenue, Dr. Howard Cowen, 2664 Triple Crown Lane, #5, to Human Rights Commission to fill three vacancies for three-year terms January 1, 2010 -January 1, 2013; appoint John Westefeld, 4831 Southchase Court and Clayton "Clay" Claussen, 2145 Palmer Circle, to Parks and Recreation Commission fill two vacancies for four-year terms January 1, 2010 -January 1, 2014; appoint Charles Felling, 825 S. 7th Avenue and Jean Martin, 2254 S Riverside Drive, #50, to Senior Center Commission to fill two vacancies for three-year terms January 1, 2010 -December 31, 2012. A third vacancy for an additional at- large member will be appointed by the Commission; appoint Arianna Aron, 700 S 1St Avenue, to Youth Advisory Commission to fill an At Large vacancy for two-year term, January 1, 2010 -December 31, 2011. The Mayor declared the motion carried. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. Moved and seconded to accept correspondence from Constance Cuttell, and Clay Claussen. The Mayor declared the motion carried. The Mayor noted that no applications were received for the following Boards and Commissions and all will be readvertised: 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; Public Art Advisory Committee to fill athree-year term January 1, 2010 -January 1, 2013, for an Art/Design Professional; Youth Advisory Commission for Regina High to fill two-year term for 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.] Moved and seconded to adjourn meeting 8:30 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Regenia D. Bailey, Mayor s/Ma~ri(aK~ City Cle~ Submitl-ed for publ~ic/ation - 11/10/09. 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 NOVEMBER 2, 2009 Iowa City City Council special meeting, 5:32 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. Moved by Champion, seconded by Hayek, to adjourn to executive session to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. The minutes and the tape recording of a session closed under this paragraph (Real Estate) shall be available for public examination when the transaction discussed is completed. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 5:34 p.m. Council returned to open session 5:57 p.m. Moved by Wright, seconded by Wilburn, to adjourn special meeting 5:58 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Regenia D. Bailey, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES NOVEMBER 2, 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, Fosse, Dilkes, Karr, Severson, Howard, Davidson, O'Malley, Knoche. The Mayor presented Outstanding Student Citizenship Awards to Mark Twain Elementary students: Georgia Conrad, Makayla Herdliska, Ahtsiri Rodriguez. The Mayor proclaimed Veterans Remembrance Day -November 11, 2009. 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 presented: Approval of Council Actions, subject to corrections, as recommended by the City Clerk. October 15, Special Council formal Official and Complete; October 19, Regular Council Work Session; October 20, 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 -September 24, 2009; Human Rights Commission -September 15, 2009; Planning and Zoning Commission -September 17, 2009; Board of Adjustment -September 9, 2009; Airport Commission -September 17, 2009; Civil Service Commission -October 22, 2009; Parks and Recreation Commission -September 9, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Old Capitol Brew Works & Public House, LLC, dba Old Capitol Brew Works & Public House, LLC, 525 S. Gilbert St.; Class B Beer Permit for Pit Smokehouse, LLC, dba Pit Smokehouse, LLC, 130 N. Dubuque St. Public Hearings: Set a public hearing on November 17, 2009 to receive public comments regarding ordinances adopting the 2009 Editions of the International Building Code, International Residential Code, International Fire Code, Uniform Plumbing Code, International Mechanical Code, and International Fuel Gas Code; RES. 09-336, SETTING A PUBLIC HEARING ON NOVEMBER 17, 2009 ON PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTH DODGE STREET PEDESTRIAN BRIDGE OVER 180 PROJECT [ESIM-080- 6(285)243--OS-52], DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 09-337, ACCEPTING THE WORK FOR THE 2009 WATER MAIN DIRECTIONAL BORING PROJECT; RES. 09-338, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT FOR 962 LONGFELLOW COURT. Complete Description November 2, 2009 Page 2 Correspondence: Acting JCCOG Traffic Engineering Planner regarding Installation of NO PARKING ANYTIME signs on the west side of Huntington Drive north of Court Street; Traffic Engineering Planner regarding Installation of (1) NO PARKING CORNER TO HERE sign on the northwest corner of the intersection of Page Street and Dodge Street; JCCOG Traffic Engineering Planner regarding Change the terms of the existing commercial vehicle loading zone on the south side of the 10 block of Jefferson Street from 8AM-5PM to 24 hours and reduce the size of the zone from 100 feet to 80 feet. JCCOG Traffic Engineering Planner regarding Change in parking meter terms from 30 minutes to 1 hour for meter M330E located in front of 330 E Market Street; Nancy Heinz regarding Oakland Cemetery used for ghoulish entertainment; Donna Grgurich regarding Monitoring visit for Iowa City flood contracts; Darla Boudjenah regarding DTA Letter on Panhandling Issues; Elizabeth Maher regarding Community Gardens; Sue Loving regarding Curfew, Funding for Neighborhood Watch and Police Force; Edward Philips regarding Leaf Blowers. The following individuals appeared supporting the letter from the Downtown Association regarding panhandling: Leah Cohen, President; Ritu Jain (Textiles); Catherine Champion (Cheap & Chic and Catherine's); Jim Mondanaro, (Bread Garden, Givanni's, Joseph's, and Saloon). The Mayor indicated a staff committee will be formed to address the issues identified in the letter and the matter scheduled for after the first of the year with Council. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Leah Cohen, Downtown Association President, updated Council on upcoming events. Brandy Mastain, 2408 Whispering Prairie Ave., expressed concerns of the Grant Wood neighborhood. Moved by Wilburn, seconded by Hayek, to set a public hearing for November 17 on an ordinance conditionally rezoning 7.91-acres of land located on Huntington Drive West of Taft Avenue from Interim Development Single-Family Residential (ID-RS) to Medium Density Single-Family Residential (RS-8) Zone (REZ09-00007). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by O'Donnell, to set a public hearing for November 17 on an ordinance amending Title 14, Zoning Code, to allow specialized educational facilities in the Intensive Commercial (CI-1) Zone by Special Exception. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Hayek, to set a public hearing for November 17 on an ordinance amending Title 14, Zoning Code, to allow flexibility in the type of fence screening required for salvage yards. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Hayek, to set a public hearing for November 17 on an ordinance amending Title 14, Zoning Code, to correct language in the code to allow wheelchair ramps and stoops to extend into required setback areas for all types of buildings. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Hayek, to set a public hearing for November 17 on an ordinance amending Title 14, Zoning Code, to clarify standards that apply to duplexes and single-family attached dwellings in Planned Development Overlay (OPD) Zones. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description November 2, 2009 Page 3 Moved by Wilburn, seconded by Hayek, to set a public hearing for November 17 on an 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 news 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. A public hearing was held on a resolution authorizing conveyance of the vacated portions of Court Street west of Madison Street, and Front Street south of Burlington Street to the University of Iowa and rescinding Resolution No. 07-279. No one appeared. Moved by Wright, seconded by Champion, to adopt RES. 09-339, AUTHORIZING CONVEYANCE OF THE VACATED PORTIONS OF COURT STREET WEST OF MADISON STREET, AND FRONT STREET SOUTH OF BURLINGTON STREET TO THE UNIVERSITY OF IOWA AND RESCINDING RESOLUTION NO. 07-279. 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, 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. No one appeared. Moved by Wilburn, seconded by Wright, that the ordinance 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, 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 amending Title 12, entitled "Franchises", of the City Code to add a chapter imposing a franchise fee on the gross revenue of 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. The following individuals appeared: Jeff Shipley, UISG Council Liaison; Deborah Thornton, Ax The Tax Group; Joe Raso, Iowa City Area Development Group (ICAD); Dan Tallon; Rebecca Neades, Iowa City Area Chamber of Commerce. Interim City Manager Helling and City Atty. Dilkes present for discussion. Individual Council Members expressed their views. Moved by Wright, seconded by Champion, to accept correspondence from Helene Hembreiker; Karen Kubby; George Connell; Joe Raso, Iowa City Area Development Group (ICAD). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wright, seconded by Hayek, that the ordinance amending Title 12, entitled "Franchises", of the City Code to add a chapter imposing a franchise fee on the gross revenue of 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 Complete Description November 2, 2009 Page 4 statement specifying the purpose or purposes for which the revenue collected from the franchise fee will be expended, be given first vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: O'Donnell, Wilburn, Wright, Bailey, Correia, Hayek. Nays: Champion. Absent: None. A public hearing was held on a resolution amending the FY2010 Operating Budget. Finance Director O'Malley present for discussion. Moved by Wright, seconded by Correia, to adopt RES. 09-340, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2010. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Hayek, to approve a tax exemption certificate (for $9,110,000 Parking System Revenue Refunding Capital Loan Notes). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Champion, to approve a continuing disclosure certificate (for $9,110,000 Parking System Revenue Refunding Capital Loan Notes). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wright, seconded by Hayek, to adopt RES. 09-341, APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $9,110,000 PARKING SYSTEM REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2009F, AND PROVIDING FOR A METHOD OF PAYMENT OF THE NOTES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Hayek, that ORD. 09-4361, 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 passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by O'Donnell, seconded by Wright, that the ordinance amending ordinance code section 16-1 D-2, entitled "Permit Requirements" to require and allow Council to set by resolution an excavation permit fee schedule, 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 Correia, to adopt RES. 09-342, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A LEASE AGREEMENT WITH SHELTER HOUSE COMMUNITY SHELTER AND TRANSITION SERVICES, INC. FOR RENTAL OF THE MAIN LEVEL OF THE OLD ST. PATRICK'S PARISH HALL OWNED BY THE CITY AND LOCATED AT 435 S. LINN STREET FOR THE PURPOSE OF PROVIDING SPACE FOR THE OVERFLOW PROJECT DURING THE WINTER MONTHS. 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. 09-343, ADOPTING ECONOMIC DEVELOPMENT POLICIES AND STRATEGIES FOR THE CITY OF IOWA Complete Description November 2, 2009 Page 5 CITY 2009-2010. 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. 09-344, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR A FEDERAL HIGHWAY STIMULUS PROGRAM PROJECT AGREEMENT BETWEEN THE IOWA DEPARTMENT OF TRANSPORTATION AND THE CITY OF IOWA CITY FOR THE CONSTRUCTION OF THE NORTH DODGE STREET PEDESTRIAN BRIDGE OVER 180 PROJECT [ESIM-080-6(285)243--OS-52]. Public Works Director/Asst. City Manager Fosse and City Engr. Knoche present for discussion. 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. 09-345, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT (KIRKWOOD AVE. TO 1ST AVE). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 09-346, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MID EASTERN IOWA COMMUNITY MENTAL HEALTH CENTER TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by O'Donnell, to adopt RES. 09-347, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A MUTUAL AID AND ASSISTANCE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE WATER/VVASTEWATERRGENCY RESPONSE NETWORK ("IOWARN"). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Correia, to adopt RES. 09-348, APPROVING AN AGREEMENT TO PURCHASE 321 DAVENPORT STREET. The Mayor declared the resolution adopted, 6/0, Hayek abstaining. The Mayor noted previous announced vacancies to Boards and Commissions: 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; 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; Appeals, Board of to fill an unexpired term, effective upon appointment, ending December 31, 2010, for a Licensed Electrician; Youth Advisory Commission for two At-Large vacancies to fill unexpired terms, effective upon appointment, plus two-year terms January 1, 2010 -December 31, 2011; Youth Advisory Complete Description November 2, 2009 Page 6 Commission fill atwo-year term for Tate High, January 1, 2009 -December 31, 2010. Applications must be received by 5:00 p.m., Wednesday, November 18, 2009. Moved by Correia, seconded by Wright, to make the following appointments to Boards and Commissions: appoint Fernando Mena-Carrasco, 207 Myrtle Avenue #6, Constance Goeb Cuttell, 145 Oakridge Avenue, Dr. Howard Cowen, 2664 Triple Crown Lane, #5, to Human Rights Commission to fill three vacancies for three-year terms January 1, 2010 - January 1, 2013; appoint John Westefeld, 4831 Southchase Court and Clayton "Clay" Claussen, 2145 Palmer Circle, to Parks and Recreation Commission fill two vacancies for four-year terms January 1, 2010 -January 1, 2014; appoint Charles Felling, 825 S. 7tn Avenue and Jean Martin, 2254 S Riverside Drive, #50, to Senior Center Commission to fill two vacancies for three-year terms January 1, 2010 -December 31, 2012. A third vacancy for an additional at-large member will be appointed by the Commission; appoint Arianna Aron, 700 S 1St Avenue, to Youth Advisory Commission to fill an At Large vacancy for two- yearterm, January 1, 2010 -December 31, 2011. 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. Moved by Wilburn, seconded by O'Donnell, to accept correspondence from Constance Cuttell, and Clay Claussen. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted that no applications were received for the following Boards and Commissions and all will be readvertised: 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; Public Art Advisory Committee to fill athree-year term January 1, 2010 -January 1, 2013, for an Art/Design Professional; Youth Advisory Commission for Regina High to fill two-year term for 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.] Council Members Wright and O'Donnell noted Tuesday, November 3, was Election Day and urged everyone to vote. Council Member Hayek noted the Veterans Day Banquet, November 11, hosted by the Johnson County Military Affairs Association and urged everyone to attend. Mayor Bailey echoed comments encouraged people to vote; and noted it was getting darker earlier and stated headlights and bike lights were really important. Moved by O'Donnell, seconded by Hayek, to adjourn meeting 8:30 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Regenia D. Bailey, Mayor Marian K. Karr, City Clerk