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HomeMy WebLinkAbout2009-12-14 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES DECEMBER 14, 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, Long, Hightshoe, Hargadine, Moran, Rocca, Davidson, Bollinger. The Mayor presented Outstanding Student Citizenship Awards to Horace Mann Elementary students: Isabel Cody, Laura Cornell, and Alex Murra. Michelle Payne, Community contact person for MidAmerican Energy Company presented a community contact grant program check to the City. Neighborhood Services Coordinator Bollinger accepted the check and reported funds would be used for the Security Lighting Program -Motion Detector Adaptor program. Mayor Bailey presented Marcia Wegman prints "Dock at Water Works Park" to outgoing Council Members O'Donnell and Correia, and acknowledged their years of service on the Council. Moved by Champion, seconded by Wilburn, 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: November 12, Special Council Work Session (p.m); November 30, Special Council Formal Official and Complete; November 30, Special Council Work Session; December 1, Special Council Formal Official and Complete; December 7, 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): Parks and Recreation Commission -October 14, 2009; Civil Service Commission -November 13, 2009; Senior Center Commission -October 15, 2009; Special Meeting of the Senior Center Commission -October 27, 2009; Special Meeting of the Senior Center Commission -November 5, 2009; Youth Advisory Commission -November 1, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Iowa City Yacht Club, LLC, dba Iowa City Yacht Club, 13 S. Linn St #10; Class 6 Beer Permit for P & S Restaurant Group, Inc., dba Pizza Ranch, 1610 Sycamore St.; Class C Liquor License for Carlos O'Kelly's of Iowa City, Inc., dba Carlos O'Kelly's Mexican Cafe, 1411 S. Waterfront Dr.; Class C Liquor License for Mekong Enterprises, Inc., dba Mekong Restaurant, 5 Sturgis Corner Dr.; RES. 09-378, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY IN AVIATION COMMERCE PARK TO EXTEND THE TERM; RES. 09-379, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 1220 VILLAGE ROAD #8, IOWA CITY, IOWA; RES. 09-380, AUTHORIZING STAFF TO ENTER INTO A GRANT Complete Description December 14, 2009 Page 2 AGREEMENT WITH IOWA DEPARTMENT OF NATURAL RESOURCES FOR THE IOWA LOW-HEAD DAM SAFETY COST-SHARE PROGRAM. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of NO PARKING ANYTIME EXCEPT SATURDAY EVENING AND SUNDAY MORNING signs on the north side of Lower West Branch Road SE, the north side of St. Patrick Drive, the west side of Brentwood Drive, the south side of York Place, and the east side of Broadmoor Lane; Edward Miner regarding Parks Commission meeting on disability rights at IC swimming pools; Summer of the Arts letters from Leah Cohen, Mark Ginsberg; Charlotte Walker regarding Senior Center Commission appointment -county representative; John Darnauer regarding Mayor selection broadcast; Donald Thompson regarding Daily Iowan-Article and Editorial about Alcohol; Northside Historic District letter from John Logan, Pat Fisher, John Kammermeyer [staff response included]; Dennis Kowalski regarding Taxes. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Russell Haught, Westbury Ct., appeared regarding lots 21-24 of Olde Towne Village. A public hearing was held on an ordinance amending the Planned Development Overlay Medium Density Single Family Residential (OPD-8) Zone for Lot 1, Olde Towne Village, located on Westbury Drive, south of Middlebury Road, in Iowa City, Iowa (REZ09- 00010). PCD Director Davidson present for discussion. The Mayor requested that Council Members disclose any ex parte communications, and none were reported. The following individuals appeared: Jessie Allen, Allen Homes, 3704 Lower West Branch Rd.; Ed Foraker, 3527 Middlebury Rd.; Russell Haught, Westbury Ct.; Duane Musser, MMS Consultants; Larry Pugh, 321 Westbury Ct.; Adam Slager, 3612 Glastonbury; Tyler Mulford, 3610 Glastonbury; Randy Stacey, 440 N. Scott; Chad Struve, 318 Westbury Dr.; and Blaine Thomas. Moved by O'Donnell, seconded by Hayek, to accept correspondence from Ed Foraker (2), Lars Anderson, Chad Struve, Adam Slager, Cory Tweden, Russell and Audrey Haught, Tyler Mulford, Zeb Rino, Erik Shewmaker, Pamela Passmore, Claude and Carol Williams, Kayla Knuth, Robert Thompson, Gregory Vraspier, Ron Stutzman, Glenna Stutzman, Randy Stacey, Alissa Stacey (2), E. Matt Schulz, Ping Yin, Nathan Sams, Jake Berns, Nathan Berns, Mark Besler, Robert Bowman and Connie Sarchet (2), Jesse Foraker, Melanie Foraker, David Gosse, Michelle Jones, Bradley Jones, Larry Lee (2), Chris McCusker, Bradley McCusker, Tamera McKinniss, Kevin Rice, Barbara Robinson, Tim Goodwin. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Champion, that the ordinance amending the Planned Development Overlay Medium Density Single Family Residential (OPD-8) Zone for Lot 1, Olde Towne Village, located on Westbury Drive, south of Middlebury Road, in Iowa City, Iowa (REZ09-00010), be given first vote. Individual Council Members expressed their views. 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 approving a conditional zoning agreement for auditor's parcel 2008103, approximately 25.16 acres of property in the Community Commercial (CC-2) Zone for Westport Plaza, including Wal-Mart at 855, 911 & 1001 Highway 1 West (REZ09-00008). PCD Director Davidson present for discussion. Moved by Wilburn, Complete Description December 14, 2009 Page 3 seconded by Champion to continue public hearing and defer first vote to January 12. The Mayor declared the motion carried unanimously, 7/0, all Council members present. Moved by Hayek, seconded by Champion, that ORD. 09-4375, 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 passed and adopted. The Mayor requested that Council Members disclose any ex parte communications, and none were reported. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Hayek, seconded by Wilburn, to adopt RES. 09-381, APPROVING THE PRELIMINARY AND FINAL PLAT OF HUNTER'S HIDEAWAY, FIRST ADDITION, IOWA CITY, IOWA. (SUB09-00009). PCD Director Davidson present for discussion. Doug Alberhasky, President of Dash Properties appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Hayek, to accept correspondence from Kate Gianni. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution adopting Iowa City's 2011-2015 Consolidated Plan, known as City Steps, authorizing the City Manager to submit said plan, technical corrections and all necessary certifications to the U.S. Department of Housing and Urban Development, and designating the City Manager as the authorized chief executive officer for the Consolidated Plan (a.k.a. City Steps). Community Development Coordinator Long introduced Eric Fulmer, Mullen & Lonergan Associates, who presented a power point summary. Moved by Wilburn, seconded by Wright, to accept correspondence from Mark Patton, Cheryl Cruise, Kristie Doser, Oral comments received from public at December 3, Housing and Community Development meeting. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Correia, to adopt RES. 09-382, ADOPTING IOWA CITY'S 2011-2015 CONSOLIDATED PLAN, KNOWN AS CITY STEPS, AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN, TECHNICAL CORRECTIONS AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN (a.k.a. CITY STEPS), including the HCDC recommendations contained in the December 9th memo. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Wilburn, Wright, Bailey, Champion, Correia, O'Donnell. Nays: Hayek. Absent: None. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Mercer Park Aquatic Center Solarium Replacement project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by Hayek, seconded by Correia, to adopt RES. 09-383, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO Complete Description December 14, 2009 Page 4 ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Hayek, that the ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Subsection B, entitled "Exceptions," 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, that the ordinance amending Title 7, "Fire Code", by creating Chapter 5, "Hazardous Materials and Transportation-Related Incidents", to allow for recovery of costs associated with response to hazardous materials and transportation-related incidents, and allow such fees for recovery to be set by resolution, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Champion, that ORD. 09-4376, 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 passed and adopted. Council Member Correia noted the memo regarding community notification, and asked the posters be placed in transit buses and neighborhood centers. The Mayor declared the ordinance adopted, 4/3, with the following division of roll call vote: Ayes: Champion, Hayek, O'Donnell, Wright. Nays: Correia, Wilburn, Bailey. Absent: None. Moved by Wilburn, seconded by Hayek, to adopt RES. 09-384, AUTHORIZING THE CITY MANAGER AND MAYOR TO ACQUIRE AND REHABILITATE HOMES FOR THE UNIVERCITY NEIGHBORHOOD PARTNERSHIP PROGRAM. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Wilburn, to grant 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 Wright, seconded by O'Donnell, to grant 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. Moved by Correia, seconded by Hayek, to appoint Mike Wright and Connie Champion to the Human Services/Aid to Agencies review committee. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously announced vacancies: Airport Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus afive-year term ending December 31, 2011; Airport Zoning Brd of Adjustment to fill afive-year term January 1, 2009 -December 31, 2013; Airport Zoning Commission to fill asix-year term January 1, 2006 - December 31, 2011; 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; Youth Advisory Commission to fill atwo-year term Complete Description December 14, 2009 Page 5 for Tate High, January 1, 2009 -December 31, 2010; Youth Advisory Commission to fill a two-year term for Regina High, January 1, 2010 -December 31, 2011. Applications must be received by 5:00 p.m., Wednesday, January 20, 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.] Council Member Wright thanked outgoing Council Member Correia and O'Donnell for their service; and expressed gratitude to City snow crews for getting and keeping the streets cleared during last week's snow storm. Council Member Champion also thanked outgoing Council Member Correia and O'Donnell; and noted City correspondence received the day of the snow storm re the City's snow emergency ordinance. Council Member O'Donnell thanked Council and staff. Council Member Wilburn acknowledged and thanked outgoing Council Member Correia and O'Donnell; and wished everyone Happy Holidays. Council Member Hayek echoed previous comments regarding snow removal, and noted a job well done; and stated he would miss outgoing Council Member Correia and O'Donnell Council Member Correia thanked Parks & Recreation for the wonderful holiday Farmers Market the previous week-end; and thanked everyone for their support over her 4 years. Mayor Bailey thanked outgoing Council Member Correia and O'Donnell for their contributions to the Council and the community; echoed comments on street snow removal efforts; wished everyone Happy Holidays; and Go Hawks. Interim City Manager Helling, City Atty. Dilkes, and City Clerk Karr wished outgoing Council Member Correia and O'Donnell well, and thanked them for their service. Moved by Hayek, seconded by Wright to adjourn meeting 8:40 p.m. The Mayor declared the motion carried unanimously, 7/0, all Counci~embers,~rese~t. a D. Bai M2 Sian K. Karr, City Clerk ~ ~-~ 4-ua r 4a 1 ~Y~„®~~ CITY OF [OWA C1T ~'~~~ RAC D U ~ ~EMC~ Date: December 8, 2009 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, November 12, 2009, 7:00 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia (left 7:05 PM), Hayek, Wilburn, Wright. Absent: O'Donnell Council Elect: Dickens, Mims UISG Rep: Shipley Staff: Helling, Dilkes, Karr (A complete transcription is available in the City Clerk's Office and the City website) 2009-2010 COUNCIL ORIENTATION (IP3 of 11/25 Info Packet) Staff and distributed "Open Meetings, Open Government" booklet from Iowa League of Cities; and reviewed materials distributed in the November 5 information packet including: - Open meetings/Executive Sessions/E-mail - Council Committees - Distribution of Council correspondence - Travel Policy - Posting requirements for meetings - Council weekly packet distribution - Voting procedures; JCCOG voting - Consult policy with Planning & Zoning - Conflicts of interest; Abstentions - Contact with staff/requests for additional information - City Attorney office staff assignments - City Board and Commission appointments/gender balance - Ex Parte communications/rezonings - Computer training, equipment, supplies - City (department) tours - Memberships National League of Cities; Iowa League of Cities; ICAD; Chamber) Work Sessions/Formats Council agreed: • To maintain the current practice of 6:30 PM on Mondays prior to a formal meeting. • To schedule discussion of the City Manager Search for February 1 • To retain the first and third Tuesday for formal meetings Council Work Session November 12, 2009 Page 2 Meeting Schedule January 5 -Tuesday Special formal Organizational * meeting; work session BUDGET overview, 6:30 PM January 6 -Wednesday Special BUDGET work session, 8:00 AM - 5:00 PM January 11 -Monday Special work session, 6:30 PM January 12 -Tuesday Special formal, 7:00 PM January 14 -Thursday Special BUDGET work session (Boards/Commission/Events), 7:00 PM January 19 -Tuesday Special BUDGET work session, 7:00 PM January 20 -Wednesday Special work session Qoint meeting in North Liberty), 4:00 PM Special BUDGET work session (wrap up) , 7:00 PM January 26 -Tuesday Special work session, TBD Special formal, 7:00 PM February 1 -Monday Regular work session, 6:30 PM February 2 -Tuesday Regular formal, 7:00 PM February 15 -Monday, HOLIDAY February 16 -Tuesday Special work session, TBD Regular formal, 7:00 PM March 1 -Monday Regular work session, 6:30 PM March 2 -Tuesday Regular formal, 7:00 PM March 22 -Monday Special work session, 6:30 PM March 23 -Tuesday Special formal, 7:00 PM Meeting adjourned 8:00 PM. * meeting schedule has changed from this discussion date and has been revised 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 - 11/30/09 Iowa City City Council special meeting, 6:30 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 as a public employer, strategy regarding Collective Bargaining with city employee organizations; as such discussion is exempt from the provisions of Chapter 21. The Mayor declared the motion carried and adjourned into executive session. Moved and seconded to adjourn special meeting 6:45 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 ~1~~"~r~~v~ .~ ~~ Submitted for publication - 12/2/09. r ^.r-i®,~,~ CITY OF IOWA C[TY 4a3 E~ORA~I Date: November 30, 2009 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, November 30, 2009, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright Staff: Helling, Fosse, Dilkes, Karr, Bollinger UISG Rep: Shipley (A complete transcription is available in the City Clerk's Office and the City website) PLANNING AND ZONING ITEMS [P&Z agenda items d-h] PCD Director Davidson presented information on the following items: d) ORDINANCE AMENDING TITLE 14, ZONING CODE, TO ALLOW SPECIALIZED EDUCATIONAL FACILITIES IN THE INTENSIVE COMMERCIAL (CI-1) ZONE BY SPECIAL EXCEPTION. (SECOND CONSIDERATION) e) ORDINANCE AMENDING TITLE 14, ZONING CODE, TO ALLOW FLEXIBIILITY IN THE TYPE OF FENCE SCREENING REQUIRED FOR SALVAGE YARDS. (SECOND CONSIDERATION) f) 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. (SECOND CONSIDERATION) g) ORDINANCE AMENDING TITLE 14, ZONING CODE, TO CLARIFY STANDARDS THAT APPLY TO DUPLEXES AND SINGLE-FAMILY ATTACHED DWELLINGS IN PLANNED DEVELOPMENT OVERLAY (OPD) ZONES. (SECOND CONSIDERATION) h) 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. (SECOND CONSIDERATION) AGENDA ITEMS 1. (Agenda item # 17 -resolution authorizing ... fifth amendment to the Peninsula agreement ... Peninsula Development Company ...) PCD Director provided background to the requested amendment. Council Work Session November 30, 2009 Page 2 COUNCIL APPOINTMENTS Airport Zoning Board of Adjustment - no applicants, readvertise Airport Zoning Board of Adjustment - no applicants, readvertise Airport Zoning Commission - no applicants, readvertise Airport Zoning Commission - no applicants, readvertise Board of Appeals (Mechanical Professional) - no applicants, readvertise Board of Appeals (Licensed Electrician) -Matt Neumiller Board of Appeals (Building Design Professional) -reappoint Stephen Buckman Public Art Advisory (Art/Design Professional) -reappoint Mark Seabold Youth Advisory Commission -Alexandria Tamerius and Gary Black Youth Advisory Commission (Tate High) - no applicants, readvertise Youth Advisory Commission (Regina High) - no applicants, readvertise AGENDA ITEMS (continued) 2. (Agenda item # 19 -resolution supporting the Federal Fiscal Year 2011 and 2012 Surface Transportation Program ....as approved by the Johnson County Council of Governments Transportation Technical Advisory Committee) In response to questions City Atty. Dilkes stated Council has a resolution in effect that states when formal action is taken by the City Council that the members of Council appointed to JCCOG must vote in accordance with that action at JCCOG; and absent of the resolution being repealed staff should provide Council an opportunity to take that formal action in accordance with the resolution. She noted Council could direct staff to place the resolution regarding the policy on a formal agenda to consider repealing or amending. 3. (Consent Calendar item # 4f(1) -resolution ... partial release ... 2750 Irving Avenue) In response to Council Member Champion, City Atty. Dilkes stated this item was related to affordability requirements. 4. (Agenda item # 13 -ordinance amending Title 12 ... Franchise Fee ....) Interim City Manager Helling requested that the item be deferred to allow staff confirm some revenue figures relative to the TIF bonds for 64-1A, and possibly reduce the amount of the franchise fee. Majority agreed to meet next Monday, December 7, at 6:15 PM (after the meeting with area legislators. CURFEW ORDINANCE [agenda #7] Sue Freeman, Neighborhood Centers of Johnson County, responded to questions. PRIORITIES FOR 2010 LOBBYING TRIP TO WASHINGTON, D.C. [IP#2 of 11/151nfo Packet] Interim City Manager facilitated discussion. A majority agreed to the priorities as identified. STAFF ACTION: Proceed as outlined. (Helling) INFORMATION PACKET DISCUSSION [Nov 19 & 251nfo Packets] (IP5 of 11/19 Info Packet) Council Member Hayek expressed appreciation for keep residents of Parkview Terrace and other affected neighborhoods informed of developments. Council Work Session November 30, 2009 Page 3 COUNCIL TIME None BUDGET PRIORITIES In response to Council Member Hayek, Interim City Manager Helling stated all budget numbers were not available and that it was not anticipated a budget meeting would be scheduled before January. 2. Council Member Wilburn requested that recommendations and figures for Aid to Agencies funding be presented to Council earlier in the process than in the past; and suggested information be provided in January along with discussion on community events. Majority agreed with the suggestion and Interim City Manager will follow up. SCHEDULE OF PENDING DISCUSSION ITEMS [IP#3 of 11/251nfo Packet] None UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS Mayor Bailey inquired if everyone was available to attend the JCCOG meeting on Wednesday afternoon. Mayor Bailey will be attending for Council Member Hayek. Interim City Manager Helling will be attending for Council Member Wilburn. DISCUSSION OF MEETING SCHEDULE :• JCCOG Meeting - 4:30 Wednesday, December 3, Harvat Hall • Convention and Visitors Bureau Annual meeting and reception -Tuesday, December 8, 5-7 PM at the Sheraton downtown Meeting adjourned 7:45 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 - 12/1/09 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 Lincoln Elementary students: Quinn Dawson, Terra Hill, Natalie Shoultz. Special presentations were made to the City High Football Team on the State Championship. Coach Dan Sabers and team captains Matt Tvedte, Ellis Jordan, Nick Reuter and Tim Titter appeared.; Joe Raso, ICAD President, presented the ICAD Minding Our Own Business Data Report . Moved and seconded to accept the ICAD report. The Mayor declared the motion carried. 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: November 12,Special Council Work Session (a.m.), November 16, Regular Council Work Session, November 17, 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): Historic Preservation Commission -October 8, 2009; Human Rights Commission -October 20, 2009; Airport Commission -October 15, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Sanctuary Restaurant, 405 S. Gilbert St.; Special Class C Liquor License for Pagliai's Pizza, 302 E. Bloomington St.; Class C Beer Permit for Creekside Market, 2601 Highway 6 E.; Class C Liquor License for Studio 13, 13 S. Linn St.; Class C Liquor License for Piano Lounge, 217 E. Iowa Ave.; Class B Liquor License for Quality Inn & Suites, 2525 N. Dodge St.; RES. 09-363, TO ISSUE DANCE PERMITS for Studio 13, 13 S Linn St. and Quality Inn & Suites, 2525 N. Dodge St. Motion: Approve disbursements in the amount of $10,534,925.93 for the period of October 1 through October 31, 2009, as recommended by the Finance Director subject to audit. Public Hearings: Set a public hearing for December 14, 2009 regarding Iowa City's Proposed 2011-2015 Consolidated Plan (a.k.a. City Steps); RES. 09-364, SETTING A PUBLIC HEARING ON DECEMBER 14, 2009 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 09-365, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF LIEN REGARDING A Official Actions December 1, 2009 Page 2 SECOND MORTGAGE FOR THE PROPERTY LOCATED AT 2750 IRVING AVENUE, IOWA CITY, IOWA; RES. 09-366, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF LIEN REGARDING A SECOND MORTGAGE FOR THE PROPERTY LOCATED AT 2660 INDIGO COURT, IOWA CITY, IOWA; RES. 09-367, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 708 5T" AVENUE, IOWA CITY, IOWA; RES. 09- 368, AUTHORIZING THE MAYOR TO EXECITE 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 1112 WYLDE GREEN ROAD, IOWA CITY, IOWA; RES. 09-369, AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST TO AN AGREEMENT THAT PERMITS ANISTON VILLAGE, LP TO GRANT A MORTGAGE TO THE CITY; RES. 09-370, ACCEPTING THE WORK FOR THE COURT HILL TRAIL PROJECT; RES. 09-371, ACCEPTING THE WORK FOR THE WATER TREATMENT PLANT AUTOMATIC SOURCE TRANSFER PROJECT. Correspondence. Acting Traffic Engineering Planner regarding Installation of two (2) Iowa City BUS STOP signs to reflect changes in transit routes effective December 2, 2009; Acting Traffic Engineering Planner regarding Installation of NO PARKING ANY TIME signs on Olive Court, Learner Court, and Marietta Avenue; Dorey Coleman regarding Request for additional bus stop [staff response included]; C. Joseph Holland regarding Pentacrest Garden Apartments; Chris Curtland regarding E- cigarettes [Response from Council Member Wright included]; Jesse Pasley regarding Court Street and 4th Avenue; Jeffrey Maves regarding Fire Station #4; Colin Wilson regarding Flood control/prevention in the Parkview Neighborhood; Claire Cope regarding Proposed smoking and panhandling ban in ped mall; Jennifer Price regarding Payment in lieu of taxes; Brian Vogelgesang regarding Request to add gravel to alley; Tyler Harvey regarding Liquor license 3rd Base/Fieldhouse; Alexia Miller regarding Parking; Miriam Jones regarding Backyard Birds Letter and Statement to Municipalities; Jenny Crumiller regarding Question about student representative position [staff response included]; Edna Probst regarding Regina Busing; Joyce Barker regarding Section 8 Housing [staff response included]; Russell Haught, Larry Bell regarding Westbury Court Lots; Caroline Dieterle, Carol deProsse regarding Malware on IC's Web Site [staff response included]. The Mayor declared the motion carried. Michael Burch, 96 Oberlin Ct., appeared regarding budget cuts and costs and negative side effects of water fluoridation, Moved and seconded to set motion setting a public hearing for December 14 on an ordinance to amend the Planned Development Overlay Medium Density Single Family Residential (OPD-8) Zone for approximately .44 acres of property located on Westbury Drive, south of Middlebury Road (REZ09-00010) (Olde Town Village). The Mayor declared the motion carried. A public hearing was held on an ordinance approving a conditional zoning agreement for auditor's parcel 2008103, approximately 25.16 acres of property in the Community Commercial (CC-2) Zone for Westport Plaza, including Wal-Mart at 855, 911 & 1001 Highway Official Actions December 1, 2009 Page 3 1 West (REZ09-00008). Moved and seconded to continue public hearing to December 14. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Atty. Dennis Mitchell. The Mayor declared the motion carried. Moved and seconded to defer to December 14, ordinance approving a conditional zoning agreement for auditor's parcel 2008103, approximately 25.16 acres of property in the Community Commercial (CC-2) Zone for Westport Plaza, including Wal-mart at 855, 911 & 1001 Highway 1 West (REZ09-00008). The Mayor declared the motion carried. Moved and seconded 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 second vote. The Mayor declared the motion carried. Moved and seconded 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. 09-4363, AMENDING TITLE 14, ZONING CODE, TO ALLOW SPECIALIZED EDUCATIONAL FACILITIES IN THE INTENSIVE COMMERCIAL (CI-1) ZONE BY SPECIAL EXCEPTION, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to accept correspondence from Judy O'Donnell. The Mayor declared the motion carried. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 09- 4364, AMENDING TITLE 14, ZONING CODE, TO ALLOW FLEXIBIILITY IN THE TYPE OF FENCE SCREENING REQUIRED FOR SALVAGE YARDS, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 09- 4365, 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 voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 09- 4366, AMENDING TITLE 14, ZONING CODE, TO CLARIFY STANDARDS THAT APPLY TO DUPLEXES AND SINGLE-FAMILY ATTACHED DWELLINGS IN PLANNED DEVELOPMENT OVERLAY (OPD) ZONES, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally Official Actions December 1, 2009 Page 4 passed be suspended, the second consideration and vote be waived, and that ORD. 09- 4367, 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. be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded that the 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 amend the ordinance to provide for an annual review by Council of enforcement data including demographics, location and citations. The Mayor declared the motion to amend carried. The following individuals appeared: Sue Freeman, 217 Woodridge, Neighborhood Centers of Johnson County; Cindy Roberts, Grantwood Street resident; Henri Harper, City High juvenile court liaison; Joyce Barker, 2018 Waterfront, President of the Waterfront Neighborhood Association; Ros Hayslett, Grantwood Street; Scott Hamlin, 1902 Grantwood Street; Jerry Hansen, 1239 Burns Avenue; Kenya Badgett; Royceann Porter, Angelina Blanchard- Manning, Children of Promise; David Davidson, 2621 Heinz Rd. The Mayor declared the motion carried on second reading of the amended ordinance. Moved and seconded to accept correspondence from Sue Freeman, Gary Glenn, Xavier Balderas, Darenge Banks, Griffin Benge, Henry Bethke, Sheldon Brown, Joseph Buhr, Donnie Day, Kate Edwards, Jerry Gomez, Emerald Joe, Micah Martin, Shawn Phanthavong, Julieta Rangel, Ellie Rapp, Sara Titus, Martha Vazquez, Duncan Williams, Michael Shaw, Li-Hsien Lin, and the summary report from the Youth Advisory Commission Neighborhood Safety Forum. The Mayor declared the motion carried. Moved and seconded to combine Items 8 through 12. The Mayor declared the motion carried. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that the following ordinances be voted on for final passage at this time: ORD. 09-4368, 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; ORD. 09-4369, 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; ORD.09- 4370, 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 Official Actions December 1, 2009 Page 5 THEREOF; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA; ORD. 09-4371, 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; ORD. 09-4372, 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. The Mayor declared the motion carried. Moved and seconded that the ordinances be finally adopted at this time: Correspondence from Patti Fields accepted. Moved and seconded to defer to December 7, 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 Mayor declared motion carried. Moved and seconded that ORD. 09-4373, 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 passed and adopted. Moved and seconded to adopt RES. 09-372, ADOPTING A FEE SCHEDULE FOR EXCAVATION PERMITS ISSUED PURSUANT TO IOWA CITY CODE OF ORDINANCES SECTION 16-1 D. Moved and seconded to adopt RES. 09-373, APPROVING A CONTRACT WITH UNIVERSITY OF NORTHERN IOWA'S REGIONAL BUSINESS CENTER FOR A FEASIBILITY STUDY FOR A CREATIVE TECHNOLOGIES INCUBATOR IN DOWNTOWN IOWA CITY. Moved and seconded to adopt RES. 09-374, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FIFTH AMENDMENT TO THE PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND PENINSULA DEVELOPMENT COMPANY, L.L.C. (PDC). The following individuals appeared: Builder/developer AI Wells and Richard Gibbs ,representing Peninsula Development Company. Moved and seconded to accept correspondence from Richard Gibbs (2), and AI Wells. The Mayor declared the motion carried. Moved and seconded to adopt RES. 09-375, AUTHORIZING THE CITY MANAGER TO SUBMIT ALL DOCUMENTATION NECESSARY TO ACCEPT CDBG FLOOD RECOVERY GRANTS FOR PROPERTY ACQUISITION, RELOCATION OF THE NORTH WASTE WATER TREATMENT FACILITY, AND INSTALLATION OF THE ROCKY SHORE DRIVE Official Actions December 1, 2009 Page 6 LIFT STATION AND AUTHORIZING THE CITY MANAGER AND MAYOR TO EXECUTE AND CITY CLERK TO ATTEST TO ALL DOCUMENTS NECESSARY TO ACQUIRE THE PROPERTIES. Moved and seconded to adopt RES. 09-376, SUPPORTING THE FEDERAL FISCAL YEAR 2011 AND 2012 SURFACE TRANSPORTATION PROGRAM AND TRANSPORTATION ENHANCEMENT FEDERAL FUNDING RECOMMENDATION FOR THE IOWA CITY PROJECTS AS APPROVED BY THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS TRANSPORTATION TECHNICAL ADVISORY COMMITTEE. Moved and seconded to adopt RES. 09-377, ESTABLISHING CITY OF IOWA CITY 2010 LEGISLATIVE PRIORITIES. Moved and seconded to make the following appointments to Boards and Commissions: appoint Matt Neumiller, 839 Kennedy Parkway, to the Appeals, Board of to fill an unexpired term, effective upon appointment, ending December 31, 2010, for a Licensed Electrician; re-appoint Stephen Buckman, 215 Amhurst Street, to the Appeals, Board of to fill a five-year term January 1, 2010 -December 31, 2014, for a Building Design Professional; re-appoint Mark Seabold, 307 College Court, to the Public Art Advisory Committee to fill a three-year term January 1, 2010 -January 1, 2013, for an Art/Design Professional; appoint Alexandra Tamerius, 2911 Eastwood Drive and Gary Black, 419 S 7th Avenue, to the 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. The Mayor declared the motion carried. The Mayor noted no applications were 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; to the 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, 2009 -December 31, 2013, for a Mechanical Professional; Youth Advisory Commission to fill atwo-year term for Tate High, January 1, 2009 -December 31, 2010; Youth Advisory Commission to fill atwo-year term for Regina High, 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 9:55 p.m. The Mayor declared the motion carried. A more complete description of Council activities and disbursements is on file in the office of the City Clerk and Finance Depa ent. s/Regenia D. Bailey, Mayor s/Marian K. Karr, Cit Clerk ~jQ~~~~, ~. ~~~ Submitted for publication - 12/8/09. 4a 5 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 - 12/7/09 Iowa City City Council special meeting, 6:20 p.m. at City Hall. Mayor Bailey presiding. Council members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: Correia. Staff members present: Helling, Fosse, Dilkes, Karr. Moved and seconded that ORD. 09-4374, 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 passed and adopted. The Mayor declared the ordinance adopted. Moved and seconded to accept correspondence from Karen Kubby. The Mayor declared the motion carried. Moved and seconded to adjourn the special meeting at 6:45 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 Submitted for publication - 12/9/09. 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 30, 2009 Iowa City City Council special meeting, 6:30 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, Davidson, Dilkes, Karr. Moved by Wright, seconded by Hayek, to adjourn to executive session to discuss as a public employer, strategy regarding Collective Bargaining with city employee organizations; as such discussion is exempt from the provisions of Chapter 21. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 6:31 p.m. Council returned to open session 6:45 p.m. Moved by O'Donnell, seconded by Champion, to adjourn special meeting 6:45 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 DECEMBER 1, 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, Fosse, Karr, Davidson, Grier, Hennes, M. Johnson. The Mayor presented Outstanding Student Citizenship Awards to Lincoln Elementary students: Quinn Dawson, Terra Hill, Natalie Shoultz. Special presentations were made to the City High Football Team on the State Championship. Coach Dan Sabers and team captains Matt Tvedte, Ellis Jordan, Nick Reuter and Tim Titter appeared.; Joe Raso, ICAD President, presented the ICAD Minding Our Own Business Data Report . Moved by Wilburn, seconded by Wright, to accept the ICAD report. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Wilburn, 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 12,Special Council Work Session (a.m.), November 16, Regular Council Work Session, November 17, 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): Historic Preservation Commission -October 8, 2009; Human Rights Commission -October 20, 2009; Airport Commission -October 15, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Inc., Limited, dba Sanctuary Restaurant, 405 S. Gilbert St.; Special Class C Liquor License for Pagliai's Pizza Palace, Ltd., dba Pagliai's Pizza, 302 E. Bloomington St.; Class C Beer Permit for Sector, Inc., dba Creekside Market, 2601 Highway 6 E.; Class C Liquor License for Water-B, Inc., dba Studio 13, 13 S. Linn St.; Class C Liquor License for Iowa City Group, LLC, dba Piano Lounge, 217 E. Iowa Ave.; Class B Liquor License for Ackerman Investment Co., dba Quality Inn & Suites, 2525 N. Dodge St.; RES. 09-363, TO ISSUE DANCE PERMITS for Water-B, Inc., dba Studio 13, 13 S Linn St. and Ackerman Investment Co., dba Quality Inn & Suites, 2525 N. Dodge St. Motion: Approve disbursements in the amount of $10,534,925.93 for the period of October 1 through October 31, 2009, as recommended by the Finance Director subject to audit. Public Hearings: Set a public hearing for December 14, 2009 regarding Iowa City's Proposed 2011-2015 Consolidated Plan (a.k.a. City Steps); RES. 09-364, SETTING A PUBLIC HEARING ON DECEMBER 14, 2009 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF Complete Description December 1, 2009 Page 2 SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 09-365, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF LIEN REGARDING A SECOND MORTGAGE FOR THE PROPERTY LOCATED AT 2750 IRVING AVENUE, IOWA CITY, IOWA; RES. 09-366, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF LIEN REGARDING A SECOND MORTGAGE FOR THE PROPERTY LOCATED AT 2660 INDIGO COURT, IOWA CITY, IOWA; RES. 09-367, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 708 5T" AVENUE, IOWA CITY, IOWA; RES. 09- 368, AUTHORIZING THE MAYOR TO EXECITE 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 1112 WYLDE GREEN ROAD, IOWA CITY, IOWA; RES. 09-369, AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST TO AN AGREEMENT THAT PERMITS ANISTON VILLAGE, LP TO GRANT A MORTGAGE TO THE CITY; RES. 09-370, ACCEPTING THE WORK FOR THE COURT HILL TRAIL PROJECT; RES. 09-371, ACCEPTING THE WORK FOR THE WATER TREATMENT PLANT AUTOMATIC SOURCE TRANSFER PROJECT. Correspondence. Acting Traffic Engineering Planner regarding Installation of two (2) Iowa City BUS STOP signs to reflect changes in transit routes effective December 2, 2009; Acting Traffic Engineering Planner regarding Installation of NO PARKING ANY TIME signs on Olive Court, Learner Court, and Marietta Avenue; Dorey Coleman regarding Request for additional bus stop [staff response included]; C. Joseph Holland regarding Pentacrest Garden Apartments; Chris Curtland regarding E- cigarettes [Response from Council Member Wright included]; Jesse Pasley regarding Court Street and 4t" Avenue; Jeffrey Maves regarding Fire Station #4; Colin Wilson regarding Flood control/prevention in the Parkview Neighborhood; Claire Cope regarding Proposed smoking and panhandling ban in ped mall; Jennifer Price regarding Payment in lieu of taxes; Brian Vogelgesang regarding Request to add gravel to alley; Tyler Harvey regarding Liquor license 3~d Base/Fieldhouse; Alexia Miller regarding Parking; Miriam Jones regarding Backyard Birds Letter and Statement to Municipalities; Jenny Crumiller regarding Question about student representative position [staff response included]; Edna Probst regarding Regina Busing; Joyce Barker regarding Section 8 Housing [staff response included]; Russell Haught, Larry Bell regarding Westbury Court Lots; Caroline Dieterle, Carol deProsse regarding Malware on IC's Web Site [staff response included]. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Michael Burch, 96 Oberlin Ct., appeared regarding budget cuts and costs and negative side effects of water fluoridation, Moved by Champion, seconded by Wilburn, to set motion setting a public hearing for December 14 on an ordinance to amend the Planned Development Overlay Medium Density Single Family Residential (OPD-8) Zone for approximately .44 acres of property located on Complete Description December 1, 2009 Page 3 Westbury Drive, south of Middlebury Road (REZ09-00010) (Olde Town Village). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance approving a conditional zoning agreement for auditor's parcel 2008103, approximately 25.16 acres of property in the Community Commercial (CC-2) Zone for Westport Plaza, including Wal-Mart at 855, 911 & 1001 Highway 1 West (REZ09-00008). PCD Director Davidson present for discussion, and stated the CZA had not been signed by the applicant. Atty. Dennis Mitchell, representing the applicant Wal- Mart, appeared. Individual Council Members expressed their views. Moved by Champion, seconded by Wilburn to continue public hearing to December 14. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by O'Donnell, to accept correspondence from Atty. Dennis Mitchell. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wright, seconded by Correia, to defer to December 14, ordinance approving a conditional zoning agreement for auditor's parcel 2008103, approximately 25.16 acres of property in the Community Commercial (CC-2) Zone for Westport Plaza, including Wal-mart at 855, 911 & 1001 Highway 1 West (REZ09-00008). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, 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 second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wright, seconded by O'Donnell, 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. 09-4363, AMENDING TITLE 14, ZONING CODE, TO ALLOW SPECIALIZED EDUCATIONAL FACILITIES IN THE INTENSIVE COMMERCIAL (CI-1) ZONE BY SPECIAL EXCEPTION, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wright, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wright, seconded by Wilburn, to accept correspondence from Judy O'Donnell. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 09-4364, AMENDING TITLE 14, ZONING CODE, TO ALLOW FLEXIBIILITY IN THE TYPE OF FENCE SCREENING REQUIRED FOR SALVAGE YARDS, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by Hayek, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wright, 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 Complete Description December 1, 2009 Page 4 which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 09-4365, 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 voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wright, seconded by Wilburn, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 09-4366, AMENDING TITLE 14, ZONING CODE, TO CLARIFY STANDARDS THAT APPLY TO DUPLEXES AND SINGLE-FAMILY ATTACHED DWELLINGS IN PLANNED DEVELOPMENT OVERLAY (OPD) ZONES, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by Wright, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wright, seconded by O'Donnell, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 09-4367, 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. be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wright, seconded by O'Donnell, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by O'Donnell, 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 Wilburn, to amend the ordinance to provide for an annual review by Council of enforcement data including demographics, location and citations. Individual Council Members expressed their views. The Mayor declared the motion to amend carried, 4/3, with the following division of roll call vote. Ayes: Bailey, Correia, Wilburn, Wright. Nays: Champion, Hayek, O'Donnell. Absent: None. The following individuals appeared: Sue Freeman, 217 Woodridge, Neighborhood Centers of Johnson County; Cindy Roberts, Grantwood Street resident; Henri Harper, City High juvenile court liaison; Joyce Barker, 2018 Waterfront, President of the Waterfront Neighborhood Association; Ros Hayslett, Grantwood Street; Scott Hamlin, 1902 Grantwood Street; Jerry Hansen, 1239 Burns Avenue; Kenya Badgett; Royceann Porter, Angelina Blanchard-Manning, Children of Promise; David Complete Description December 1, 2009 Page 5 Davidson, 2621 Heinz Rd. The Mayor declared the motion carried on second reading of the amended ordinance, 4/3, with the following division of roll call vote. Ayes: Champion, Hayek, O'Donnell, Wright. Nays: Bailey, Correia, Wilburn. Absent: None. Moved by Wilburn, seconded by Wright, to accept correspondence from Sue Freeman, Gary Glenn, Xavier Balderas, Darenge Banks, Griffin Benge, Henry Bethke, Sheldon Brown, Joseph Buhr, Donnie Day, Kate Edwards, Jerry Gomez, Emerald Joe, Micah Martin, Shawn Phanthavong, Julieta Rangel, Ellie Rapp, Sara Titus, Martha Vazquez, Duncan Williams, Michael Shaw, Li- Hsien Lin, and the summary report from the Youth Advisory Commission Neighborhood Safety Forum. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Hayek, seconded by Wright, to combine Items 8 through 12. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Wright, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that the following ordinances be voted on for final passage at this time: ORD. 09-4368, 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; ORD. 09- 4369, 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; ORD.09-4370, 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; ORD. 09- 4371,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; ORD. 09-4372, 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. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by Champion, that the ordinances be finally adopted at this Complete Description December 1, 2009 Page 6 time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinances adopted. Correspondence from Patti Fields accepted. Moved by Wright, seconded by Champion, to defer to December 7, 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 Mayor declared motion carried unanimously, 7/0, all Council Members present. The City Clerk noted that the special meeting on December 7 would be held at 6:15 p.m. Moved by Champion, seconded by Wilburn, that ORD. 09-4373, 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 passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Wilburn, to adopt RES. 09-372, ADOPTING A FEE SCHEDULE FOR EXCAVATION PERMITS ISSUED PURSUANT TO IOWA CITY CODE OF ORDINANCES SECTION 16-1 D. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Hayek, seconded by Wright, to adopt RES. 09-373, APPROVING A CONTRACT WITH UNIVERSITY OF NORTHERN IOWA'S REGIONAL BUSINESS CENTER FOR A FEASIBILITY STUDY FOR A CREATIVE TECHNOLOGIES INCUBATOR IN DOWNTOWN IOWA CITY. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Champion, to adopt RES. 09-374, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FIFTH AMENDMENT TO THE PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND PENINSULA DEVELOPMENT COMPANY, L.L.C. (PDC). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. PCD Director Davidson present for discussion. The following individuals appeared: Builder/developer AI Wells and Richard Gibbs ,representing Peninsula Development Company. Moved by O'Donnell, seconded by Hayek, to accept correspondence from Richard Gibbs (2), and AI Wells. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Hayek, seconded by Wilburn, to adopt RES. 09-375, AUTHORIZING THE CITY MANAGER TO SUBMIT ALL DOCUMENTATION NECESSARY TO ACCEPT CDBG FLOOD RECOVERY GRANTS FOR PROPERTY ACQUISITION, RELOCATION OF THE NORTH WASTE WATER TREATMENT FACILITY, AND INSTALLATION OF THE ROCKY SHORE DRIVE LIFT STATION AND AUTHORIZING THE CITY MANAGER AND MAYOR TO EXECUTE AND CITY CLERK TO ATTEST TO ALL DOCUMENTS NECESSARY TO ACQUIRE THE PROPERTIES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description December 1, 2009 Page 7 Moved by Champion, seconded by O'Donnell, to adopt RES. 09-376, SUPPORTING THE FEDERAL FISCAL YEAR 2011 AND 2012 SURFACE TRANSPORTATION PROGRAM AND TRANSPORTATION ENHANCEMENT FEDERAL FUNDING RECOMMENDATION FOR THE IOWA CITY PROJECTS AS APPROVED BY THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS TRANSPORTATION TECHNICAL ADVISORY COMMITTEE. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote. Ayes: Bailey, Champion, Hayek, O'Donnell, Wilburn. Nays: Correia, Wright. Absent: None. A majority requested staff research modifying the policy to allow six Councilors attending the JCCOG meeting the ability to modify the recommendation. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 09-377, ESTABLISHING CITY OF IOWA CITY 2010 LEGISLATIVE PRIORITIES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Correia, seconded by Wright, to make the following appointments to Boards and Commissions: appoint Matt Neumiller, 839 Kennedy Parkway, to the Appeals, Board of to fill an unexpired term, effective upon appointment, ending December 31, 2010, for a Licensed Electrician; re-appoint Stephen Buckman, 215 Amhurst Street, to the Appeals, Board of to fill afive-year term January 1, 2010 -December 31, 2014, for a Building Design Professional; re-appoint Mark Seabold, 307 College Court, to the Public Art Advisory Committee to fill athree-year term January 1, 2010 -January 1, 2013, for an Art/Design Professional; appoint Alexandra Tamerius, 2911 Eastwood Drive and Gary Black, 419 S 7th Avenue, to the 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. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted no applications were 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; to the 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; Youth Advisory Commission to fill atwo-year term for Tate High, January 1, 2009 -December 31, 2010; Youth Advisory Commission to fill atwo-year term for Regina High, 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 Member Champion requested information on other possibilities than the $50 fine for youth cited under the proposed curfew ordinance. Asst. City Atty. Holecek stated Council had discretion in enforcement. Council Member Correia requested that staff report on the public education planned for the ordinance at the next meeting as well. Majority agreed to discuss at the next meeting December 14 prior to third consideration. Mayor Bailey reported on her attendance at the dedication of the St. Patrick's Catholic Church the previous week-end. Complete Description December 1, 2009 Page 8 Moved by O'Donnell, seconded by Wilburn, to adjourn meeting 9:55 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 DESRIPTION OF COUNCIL ACTIVITIES DECEMBER 7, 2009 Iowa City City Council special meeting, 6:20 p.m. at City Hall. Mayor Bailey presiding. Council members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: Correia. Staff members present: Helling, Fosse, Dilkes, Karr. Moved by Wright, seconded by Wilburn, that ORD. 09-4374, 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 passed and adopted. Interim City Manager present for discussion. Moved by Wright, seconded by Champion to reduce the franchise fee from 2% to 1 %. Individual Council Members expressed their views. The Mayor declared the motion to amended defeated, 3/3, with the following division of voice vote: Ayes: Hayek, Wright, Champion. Nays: O'Donnell, Bailey, Wilburn. Absent: Correia.. Individual Council Members expressed their views. Moved by Champion, seconded by O'Donnell, to defer third consideration of the ordinance until January 12, 2010. The Mayor declared the motion to defer to January 12 defeated, 3/3, with the following division of voice vote: Ayes: Champion, Hayek, O'Donnell. Nays: Wilburn, Wright, Bailey. Absent: Correia. Individual Council Members expressed their views. Moved by Hayek, seconded by Champion, to defer third consideration of the ordinance until December 14, 2009. The Mayor declared the motion to defer to December 14 defeated, 3/3, with the following division of voice vote: Ayes: Champion, Hayek, O'Donnell. Nays: Wilburn, Wright, Bailey. Absent: Correia. The Mayor declared the original motion to pass and adopt the ordinance carried, 4/2, with the following division of roll call vote: Ayes: Bailey, Hayek, Wilburn, Wright. Nays: Champion, O'Donnell. Absent: Correia. Moved by Wilburn, seconded by Wright, to accept correspondence from Karen Kubby. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Hayek, seconded by Wilburn, to adjourn the special meeting at 6:45 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Regenia D. Bailey, Mayor Marian K. Karr, City Clerk