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HomeMy WebLinkAbout2010-08-31 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESRIPTION OF COUNCIL ACTIVITIES AUGUST 31, 2010 Iowa City City Council special meeting 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Staff members present: Helling, Fosse, Holecek, Karr, Long, Davidson, Kuecker, Ongie. Moved by Wright, seconded by Champion, the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended and to delete Items 2c(2) Stadium Club Liquor License and 2c(3) Stadium Club Outdoor Service Area, from Consent Calendar: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: August 16, Regular Council Work Session; August 16, Special Council Formal Official and Complete; August 17, Regular Council Formal Official and Complete; August 20, 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): Human Rights Commission -July 20, 2010; Planning and Zoning Commission -June 17, 2010; Planning and Zoning Commission -August 5, 2010; Historic Preservation Commission -July 8, 2010; Youth Advisory Commission -July 13, 2010; Board of Adjustment -July 14, 2010; Housing and Community Development Commission - June 30, 2010; Airport Commission -July 15, 2010; Airport Commission -July 27, 2010; Telecommunications Commission -July 26, 2010. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for AKA White, Inc., dba Summit Restaurant & Bar, 10 S. Clinton St.; Renewals: Class C Liquor License for Hall Place Ventures, Corp., dba Airliner Bar, 22 S. Clinton St.; Class C Liquor License for Short's Burger and Shine, LLC, dba Short's Burger and Shine, 18 S. Clinton St.; Class C Liquor License for George's Buffet, Inc., dba George's Buffet, 312 E. Market St.; Special Class C Liquor License for Zio Johno's, Inc., dba Zio Johno's Iowa City, 953 S. Riverside Dr.; Class C Beer Permit for Casey's Marketing Company dba Casey's General Store #2761, 204 N. Dubuque St.; Class C Beer Permit for Casey's Marketing Company dba Casey's General Store #2781, 1410 Willow Creek Dr.; Class C Liquor License for Jaxco, LLC, dba Blackstone, 503 Westbury; Class C Liquor License for Cream, LLC, dba Union Bar, 121 E. College St.; Class C Liquor License for Atlas World Grill, Inc., dba Atlas World Grill, Inc., 127 Iowa Ave.; Class C Beer Permit for New Pioneer Cooperative Society dba New Pioneer Co Op Fresh Food Market, 22 S. Van Buren St. RES. 10- 380, TO ISSUE DANCING PERMIT to Cream, LLC, dba Union Bar, 121 E. College St. Motion: Approve disbursements in the amount of $41,570,266.02 for the period of July 1 through July 31, 2010, as recommended by the Finance Director subject to audit. Resolutions: RES. 10-381, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN Complete Description August 31, 2010 Page 2 THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 614 RUNDELL STREET, IOWA CITY, IOWA; RES. 10-382, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND TWO RIVERS BANK AND TRUST, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 355 EAST IOWA AVENUE, IOWA CITY, IOWA; RES. 10-383, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION FOR THE RELEASE OF A SCHOOL SITE COVENANT; RES. 10-384, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF MORTGAGE FOR THE PROPERTY LOCATED AT 2537 WHISPERING PRAIRIE AVENUE, IOWA CITY, IOWA. Correspondence: Traffic Engineering Planner regarding Installation of (1) YIELD sign at the north corner of the intersection of Kennedy Parkway and Crabapple Court, and installation of (1) YIELD sign at the south corner of the intersection of Kennedy Parkway and Rosebud Place; Transit Advisory Group (TAG) regarding Sunday Transit Service; Jermaine Ramsey regarding Melrose on game days. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Mayor Hayek left the meeting due to a conflict of interest on the two items deleted from the Consent Calendar. Mayor Pro tem Wilburn now presiding. Moved by Champion, seconded by Bailey, to approve the recommendation of denial of Special Class C Liquor License for South End Zone Ventures, LLC, dba Stadium Club, 817 Melrose Ave. The Mayor Pro tem declared the motion carried, 6/0, Hayek abstaining. Mayor Hayek returned to the meeting, and now presiding. Del Holland, 1701 E. Court St., updated Council on the Bike Library and thanked them for their support; and as Chairperson of Environmental Advocates and noted the debris saved from the landfill as a result of the Bike Library. Suzanne Bentler, 520 S. Governor, appeared regarding neighborhood house parties. A public hearing was held on an ordinance amending the Iowa City Zoning Code, Section 14-3B-1 Historic District Overlay Zone; Section 14-8E-2, Historic Review; Section 14- 8E-3, Certificate of Economic Hardship; and Section 14-2B-6, Multifamily Site Development Standards. PCD Dir. Davidson present for discussion. Planner Kuecker presented a power point of the changes. Alicia Trimble, Historic Preservation chairperson, appeared. Moved by Bailey, seconded by Mims, that the ordinance amending the Iowa City Zoning Code, Section 14-3B-1 Historic District Overlay Zone; Section 14-8E-2, Historic Review; Section 14-8E-3, Certificate of Economic Hardship; and Section 14-2B-6, Multifamily Site Development Standards, 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. Moved by Wright, seconded by Champion, that ORD. 10-4401, AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 3-4-5, ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR Complete Description August 31, 2010 Page 3 CHANGE CERTAIN SOLID WASTE CHARGES, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by Bailey, that the ordinance amending Title 16 of the City Code, entitled "Public Works," Chapter 1, entitled, "Streets, Sidewalks and Public Right of Way," to establish a permit process for placement of pianos on the public right of way, 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. Moved by Champion, seconded by Mims, that the ordinance amending Title 5, entitled "Business and License Regulations," Chapter 1, entitled "General Licensing Provisions" and Chapter 2, entitled "Taxicabs" to clarify revocation procedures, rate provisions and driver badge provisions to place responsibility for issuance of an identification card and driver liability insurance on the taxicab business, be given second vote. Moved by Bailey, seconded by Wilburn, to remove the language regarding packet delivery rates under Section 5-2-7A(3). The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. Moved by Wright, 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. 10-4402, AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 1, ENTITLED "GENERAL LICENSING PROVISIONS" AND CHAPTER 2, ENTITLED "TAXICABS" TO CLARIFY REVOCATION PROCEDURES, RATE PROVISIONS AND DRIVER BADGE PROVISIONS TO PLACE RESPONSIBILITY FOR ISSUANCE OF AN IDENTIFICATION CARD AND DRIVER LIABILITY INSURANCE ON THE TAXICAB BUSINESS, be voted on for final passage at this time, as amended (original motion withdrawn). 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 adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Bailey, seconded by Dickens, to adopt RES. 10-385, RESCINDING PRIOR RESOLUTION NO. 07-334 AND IN LIEU THEREOF SETTING FEES AND INSURANCE REQUIREMENTS WITH RESPECT TO THE ADMINISTRATION OF REGULATIONS FOR TAXICABS, BY INCREASING THE VEHICLE DECAL ISSUANCE AND REPLACEMENT FEE TO REFLECT ACTUAL INSPECTION COSTS AND DELETING DRIVER BADGE FEES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Champion, that the ordinance amending Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," by repealing subsections 5-2-2, "Taxicab Business License; Vehicle Decals," and 5-2-4, "Vehicle Inspection Required," in their entirety and replacing them with new subsections; and amending 5-2-7 to provide provisions for rate changes, be given second vote. The following individuals appeared: Amanda Stevens, 413 - 6t" Ave # 3 (C), rep. Aardvak Taxi; Roger Bradley, 232 Elizabeth St., rep. Yellow Cab; Peter Wezeman, 1016 Diana St., rep. Aardvak- Taxi; Marialyce Prior, 2100 S. Scott Blvd. # 40; and Roman Schoenberger, 2100 S. Scott Blvd. # 40. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by Mims, to accept Complete Description August 31, 2010 Page 4 correspondence from David Stoddard. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wright, 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. 10-4403, AMENDING TITLE 17 OF THE CITY CODE, ENTITLED "BUILDING AND HOUSING," CHAPTER 1, ENTITLED, "BUILDING CODE," SECTION 3, ENTITLED "AMENDMENTS TO CODE," TO DELETE SECTION 313 OF THE INTERNATIONAL RESIDENTIAL CODE, 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 Bailey, seconded by Mims, to adopt RES. 10-386, APPROVING THE POLICE CHIEF'S REVISED GUIDELINES FOR REVIEW OF APPLICATIONS FOR INITIAL AND RENEWAL LIQUOR LICENSES, BEER PERMITS, AND WINE PERMITS AND THE. POLICE ON-PREMISES RENEWAL FORM AND RESCINDING RESOLUTION 09-38. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies to Boards and Commissions: Airport Zoning Brd of Adjustment for an unexpired term, effective upon appointment, plus a five-year term January 1, 2007 -December 31, 2011; Airport Zoning Brd of Adjustment for a five-year term January 1, 2009 -December 31, 2013; Airport Zoning Commission for asix- yearterm January 1, 2006 -December 31, 2011; Airport Zoning Commission for 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 for atwo-year term January 1, 2009 -December 31, 2010 for Tate High. Applications must be received by 5:00 p.m., Wednesday, September 15, 2010; Telecommunications Commission for an unexpired term, effective upon appointment, ending March 13, 2011; Youth Advisory Commission to fill an unexpired term for At Large, effective upon appointment, ending December 31, 2011. Applications must be received by 5:00 p.m., Wednesday, October 6, 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 Dickens stated the Taste of Iowa City event was very well attended the previous week, noting the event would be repeated in the spring. Mayor Pro tem Wilburn noted the United Way kick off ceremony scheduled for September 2. Council Member Wright reported that the Landlocked Film Festival was a terrific event, and he was looking forward to next year. Council Member Mims thanked all the volunteers, mentors, tutors, and neighborhood folks that attended the celebration at The Spot on the quiet summer experienced on the City's southeast side. Complete Description August 31, 2010 Page 5 Mayor Hayek noted the perfect Friday evening weather and experience at the Friday Night concert series; and thanked people for their patience with all the road construction. Moved by Wilburn, seconded by Dickens, to adjourn meeting 8:15 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Matthew J. y Ic~Mayor ~l ~ ~. ~~ ari n K. Karr, City Clerk ups-s i - i u ? 2a 1 ~~_,_,®~,~ CITY OF IOWA CITY ~ENIC~R Date: August 16, 2010 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, August 16, 2010, 7:10 PM in Emma J. Harvat Hall Council: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright UISG: Higgins Staff: Helling, Dilkes, Karr, Davidson, Long, Knoche, Boothroy, Moran, Robinson, Goers, Hargadine (A complete transcription is available in the City Clerk's Office and the City website) JOINT MEETING WITH PARKS 8~ RECREATION COMMISSION RE: AFFILIATE FEES [IP2 of 8/12 Info Packet] The following Parks & Recreation Commission Members were present: Lorin Ditzler, David Bourgeois, Clay Claussen, Aaron Krohmer and John Westefeld. Parks & Recreation Dir. Moran also present for discussion. After discussion a majority were supportive of affiliate fees, agreed to have the Commission determine a plan for "credit" for past contributions that benefitted the community, and not just the organization, and have the memo of understanding reviewed by the City Attorney's office. STAFF ACTION: The Commission meet and report back to Council on outstanding issues. (Moran) COUNCIL APPOINTMENTS Airport Zoning Board of Adjustment - no applicants, re-advertise Airport Zoning Board of Adjustment - no applicants, re-advertise Airport Zoning Commission - no applicants, re-advertise Airport Zoning Commission - no applicants, re-advertise Board of Appeals - no applicants, re-advertise Housing and Community Development Commission - re-appt Charles Drum Police Citizens Review Board -appoint Angelina Blanchard Manning Youth Advisory Commission - no applicants, re-advertise AGENDA ITEMS 1. (Agenda item # 11 -resolution ... agreement with Iowa Department of Cultural Affairs ... Iowa Great Places Program) In response to Council Member Bailey, PCD Dir. Davidson noted the time commitment and stated, if approved, staff was ready to retain a consultant, get the project designed, bid this winter, and ready in the spring. Council Work Session August 16, 2010 Page 2 2. (Consent Calendar # 3e (1) -resolution authorizing depositories) In response to Council Member Mims, Interim City Manager Helling reported that institutions approach us and the amounts are maximums. 3. (Agenda items # 8 & # 9 -ordinance amending Title 5 ... taxi ...) In response to Council Members Mims and Champion, City Clerk Karr answered questions re "special event fees"; and distributed a memo requesting item # 9 be considered prior to # 8, and clarifying agenda comments. WEST SIDE LEVEE-FUNDING/LOCAL MATCH FOR I-JOBS [Agenda #6] PCD Dir. Davidson and Community Development Coordinator Long presented information. ALCOHOL/NON-ALCOHOL SPLIT VENUES [IP3 of 8/12 Info Packet] City Atty. Dilkes, Asst. City Atty. Goers, Housing 8~ Inspection Services Dir. Boothroy, and Police Chief Hargadine present for discussion. A majority expressed an interest in staff preparing an ordinance that would allow for split venues in accordance with City Code safety issues, include standards to qualify, and provide a mechanism for revocation of the local non-alcohol event permit STAFF ACTION: Draft ordinance for upcoming Council agenda, (Dilkes) (Break 8:15-8:25) TEMPORARY COMMERCIAL USES NEAR KINNICK STADIUM [IP4 of 8/12 Info Packet] Mayor Hayek stated he would be abstaining from discussion of this item due to a conflict of interest, and left the table. City Atty. Dilkes facilitated the discussion by reviewing previous memos from HIS Director Boothroy and Interim City Manager Helling regarding relocation of the Magic Bus into a residential area and establishment of a permanent commercial use by the Stadium Club, noting Mr. Baralow had distributed a packet that evening and she had not had time to review. Housing & Inspection Services Dir. Boothroy present for discussion. After discussion a majority of Council was not interested in making any changes to the City Zoning Code. STAFF ACTION: City Atty. will review recent correspondence from Mr. Barkalow and clarify facts as needed. (Dilkes) INFORMATION PACKET DISCUSSION [7/15,7/22,7/29,8/5,8/12] July 15 - No discussion July 22 - No discussion July 29 - (IP3) Mayor Pro tem Wilburn noted the great job on the Rummage in the Ramp event August 5 - (IP9) Council Member Mims complimented staff on the "The Planner". (IP2) Mayor Hayek noted the Economic Development Project update. August 12 - (IP6) Majority directed staff to amend Code to allow permanent seasonal use. (IP9) Mayor Hayek noted the ICAD Annual Luncheon 9/15. Council Work Session August 16, 2010 Page 3 COUNCIL TIME 1. Council Member Bailey stated the downtown was looking a bit "down, and inquired when missing trees would be replaced, curbs repaired, and landscaping groomed. Interim City Manager Helling asked for specific locations and staff would follow up. She also noted missing trees on Church Street. 2. Mayor Pro tem Wilburn stated he had a work obligation the next evening and would be arriving late for the formal meeting. 3. Mayor Hayek reported the City has been asked to sign a letter of support for the Senate directed Electric Vehicle Deployment Act. Majority agreed to proceed with a letter to Senators Harkin and Grassley, and will check with Congressmen Loebsack's office. 4. Mayor Hayek noted that the Mission Creek Music Festival had received funding in past years but last year their application was received late (due to a City spam problem) and no funding was awarded. The Mayor stated there was approximately $3,300 remaining in the fund and asked if Council would be interested in awarding the amount to the Festival. Majority agreed. BUDGET PRIORITIES None SUMMARY OF PENDING WORK SESSION ITEMS [IP5 of 8/12 Info Packet None UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS/KXIC 1. Council agreed to the following tentative schedule for the KXIC radio show: August 18 - Hayek August 25 - Dickens September 1 -Champion September 8 -Mims September 15 -Wright September 22 -Mims or Champion (" Changes were made in the schedule in a memo distributed by City 2. Community Development Celebration on the 19th -Mayor Hayek, Council Members Bailey and Wright 3. Neighborhood Centers (The Spot) on the 19tH -Council Member Mims DISCUSSION OF MEETING SCHEDULE City Clerk Karr stated the 8:00 AM special meeting scheduled for Friday, August 20, would be posted on Tuesday, August 17tH Meeting adjourned 9:10 PM. 2a 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 for this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 8/16/10 Iowa City City Council special meeting, 6:30 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Moved and seconded to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation; and 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 7:10 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/Mat ew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk f Submitted for publication - 8/19/10. 2a 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 for this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 8/17/10 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn (7:34 PM), Wright. Absent: None. The Mayor proclaimed Get Moving for Healthy Kids Day -August 29, 2010, Colleen Davis accepting; Social Security-Go Green, Go Online, Going Strong at 75 Day-August 14, 2010. The City Council presented a certificate of appreciation to Interim City Manager Dale Helling in recognition of his 35 years of service to the City. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: July 12, Special Council Work Session; July 12, 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): Historic Preservation Commission -June 10, 2010; Historic Preservation Commission -May 27, 2010; Board of Adjustment: June 9, 2010; Airport Commission -July 1, 2010; Airport Commission -June 17, 2010; Human Rights Commission -June 15, 2010; Parks and Recreation Commission -May 12, 2010; Senior Center Commission -June 17, 2010; Senior Center Commission -May 20, 2010; Youth Advisory Commission - April 12, 2010; Telecommunications Commission -June 26, 2010; Police Citizens Review Board -July 21, 2010; Police Citizens Review Board -July 13, 2010; Police Citizens Review Board -June 24, 2010; Police Citizens Review Board -May 11, 2010; Board of Appeals -May 3, 2010; Civil Service Commission -July 27, 2010. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Oyama Sushi Ni's, Inc., dba Oyama Sushi, 1853 Lower Muscatine Rd.; Temporary 5- Day Class B Beer Permit for Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival Tent A, 2140 Rochester Avenue. (9/3/10 - 9/6/10); Temporary 5-Day Class B Beer Permit for Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival Tent B, 2140 Rochester Avenue. (9/3/10 - 9/6/10); Temporary Outdoor Service for Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival. 2140 Rochester Ave. (9/3/10 - 9/6/10). Renewal: Class C Liquor License for DTW, Inc., dba T.C.B., 114 E. College St.; Class E Liquor License for Hy- Vee, Inc., dba Hy-Vee Drugstore, 310 N. First Ave.; Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #1, 525 Hwy 1 W.; Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #2, 1920 Lower Muscatine Rd.; Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #3, 2410 Mormon Trek Blvd.; Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #5, 206 E. Benton St.; Class C Official Actions August 17, 2010 Page 2 Liquor License for Iowa City Aerie #695 Fraternal Order of Eagles, Inc., dba Fraternal Order of Eagles Iowa City Aerie #695, 225 Hwy 1 W.; Class C Liquor License for High Energy Food Concepts, Inc., dba Martini's, 127 E. College St.; Outdoor Service area for High Energy Food Concepts, Inc., dba Martini's, 127 E. College St.; Class C Beer Permit for Jason Caylor dba Liquor Downtown, 313 S. Gilbert St.; Class C Liquor License for Orchard Green, Inc., dba Orchard Green Restaurant, 521 S. Gilbert St. Class C Liquor License for Chackalackal, Inc., dba One Twenty Six, 126 E. Washington St.; Class C Beer Permit for L & M Mighty Shop, Inc., dba L & M Mighty Shop, 504 E. Burlington St.; Class C Beer Permit for IC Pit Stop, LLC, dba I.C. Pit Stop, 300 Kirkwood Ave.; Class C Liquor License for Iowa City Fieldhouse Co. ,Inc., dba Field House, 111 E. College St.; Class C Liquor License for Chipotle Mexican Grill of Colorado, Inc., dba Chipotle Mexican Grill, 201 S. Clinton Suite 112; Outdoor Service Area for Chipotle Mexican Grill of Colorado, Inc., dba Chipotle Mexican Grill, 201 S. Clinton Suite 112; Special Class C Liquor License for Englert Civic Theatre, LP, dba Englert Theatre, 221 E. Washington St.; RES. 10-362, TO ISSUE DANCING PERMIT to Iowa City Aerie #695 Fraternal Order of Eagles, Inc., dba Fraternal Order of Eagles Iowa City Aerie #695, 225 Hwy 1 W.; Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival. 2140 Rochester Ave.; Iowa City Fieldhouse Co. ,Inc., dba Field House, 111 E. College St. Motion: Approve disbursements in the amount of $23,205,240.13 for the period of June 1 through June 30, 2010, as recommended by the Finance Director subject to audit. Resolutions: RES. 10-363, NAMING DEPOSITORIES; RES. 10-364, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1026 FAIRCHILD STREET, IOWA CITY, IOWA; RES. 10- 365, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1931 CHELSEA COURT, IOWA CITY, IOWA; . RES. 10-366, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 1015 DIANA STREET, IOWA CITY, IOWA; RES. 10-367, AUTHORIZING THE MAYOR TO EXEUCTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 950 OXEN LANE, IOWA CITY, IOWA; RES. 10-368, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 425 UPLAND AVENUE, IOWA CITY, IOWA; RES. 10-369, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTY LOCATED AT 1410 S. FIRST AVENUE, IOWA CITY, IOWA; RES. 10-370, ACCEPTING THE WORK FOR THE Official Actions August 17, 2010 Page 3 PAVING PUBLIC IMPROVEMENTS FOR LOT 78 OF WALNUT RIDGE -PART SEVEN, AND DECLARING SAID PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 10-371, REMOVING 731 BOWERY STREET FROM THE ASSESSMENT SCHEDULE AND DIRECTING THE CLERK NOT TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. Correspondence: Acting Traffic Engineering Planner regarding Removal of (1) NO PARKING ANY TIME EXCEPT SUNDAYS sign, and installation of (1) NO PARKING ANY TIME sign in the south half of the 100 block of N. Dubuque Street; JCCOG Traffic Engineering Planner regarding Remove (1) TRANSIT STOP sign on the east side of the 200 block of S. Clinton Street, south of the pedestrian mall entrance; JCCOG Traffic Engineering Planner regarding Installation of NO PARKING ANY TIME signs on the turnaround on the north end of Woolf Avenue; Acting Traffic Engineering Planner regarding Installation of (1) NO PARKING CORNER TO HERE sign on the northeast corner of the intersection of Bloomington Street and Reno Street; Tim Taffe regarding Plastic bags; Karen Dolan and Emma Boorboor regarding Local Jobs Resolution; John Northup regarding Sculpture idea at the crossroads of Rochester Ave [staff response included]; Allen Stroh regarding City of Literature [staff response included]; Steven Miller, Terri Byers, Chris Weinard regarding City Manager Search; Timothy Grady regarding Kennedy-Hilgenberg Enterprises, Inc./Wild Prairie Estates, Part Five; Arlene Brenneman regarding 1St Avenue truck traffic concern; Alicia Ambler regarding Urban chickens; Magic Bus letter from Peter Anderson [staff response included] Mitch Thomann; City Engineer regarding Competitive Quotation Results; Tracy Barkalow, Jimmy Clark, Chris Querrey regarding Stadium Club. The Mayor declared the motion carried. Jimmy Clark, 825 St. Anne's Dr. and Tracy Barkalow appeared regarding the application for Stadium Club for a temporary use permit and liquor license. Moved and seconded to set a public hearing for August 31 on an ordinance amending the Zoning Code, Section 14-3B-1 Historic District Overlay Zone; Section 14-8E-2, Historic Review; Section 14-8E-3, Certificate of Economic Hardship; and Section 14-2B-6, Multifamily Site Development Standards to correspond with amendments to the Historic Preservation Handbook. The Mayor declared the motion carried. A public hearing was held on a resolution adopting amended FY11 Annual Action Plan which is a sub-part of Iowa City's 2011-2015 Consolidated Plan (City Steps) and authorizing the city manager to submit said amended plan to use CDBG Disaster Recovery Program income for the west side levee. Moved and seconded to accept correspondence from Jill Butler, # 137 Baculis Mobile Home Park; Jim and Mary Beth Hammes, Thatcher Mobile Home Park; Nancy Quellhorst, Iowa City Area Chamber of Commerce; Senator Robert Dvorsky; John Balmer, Plumbers Supply; Blake Hendrickson, VW Parts4sale.com; Congressman Dave Loebsack; Hoe Raso, Iowa City Area Development Group; State Rep. Mary Mascher; and Senator Joe Bolkcom . The Mayor declared the motion carried. Moved and seconded to adopt RES. 10-372, ADOPTING AMENDED FY11 ANNUAL ACTION PLAN WHICH IS A SUB-PART OF IOWA CITY'S 2011-2015 CONSOLIDATED PLAN (CITY STEPS) AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID Official Actions August 17, 2010 Page 4 AMENDED PLAN TO USE CDBG DISASTER RECOVERY PROGRAM INCOME FOR THE WEST SIDE LEVEE. Moved and seconded that the ordinance amending Title 3, entitled "City Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the City Code to increase or change certain solid waste charges, be given second vote. The Mayor declared the motion carried. Moved and seconded to consider Item 9 before Item 8. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 5, entitled "Business and License Regulations," Chapter 1, entitled "General Licensing Provisions" and Chapter 2, entitled "Taxicabs" to clarify revocation procedures, rate provisions and driver badge provisions to place responsibility for issuance of an identification card and driver liability insurance on the taxicab business, be given first vote. The following individuals appeared: Roger Bradley, Yellow Cab; Marialyce Prior; Mark Paterno, Marco's Taxi; and Dave Stoddard, Yellow Cab. Moved and seconded to amend the ordinance to include a package delivery fee. The Mayor declared the motion to amend carried. Affirmative roll call vote unanimous on the first consideration as amended, 7/0, all Council Members present. The Mayor declared the motion carried as amended. Moved and seconded to accept correspondence from Christopher Bergan, Roger Bradley, Yellow Cab; Chris Cutkomp, King Taxi, and seven (7) other cab companies. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," by repealing Subsections 5-2-2, "Taxicab Business License; vehicle decals," and 5-2-4, "Vehicle Inspection Required," in their entirety and replacing them with new subsections; and amending 5-2-7 to provide provisions for rate changes, be given first vote. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 17 of the City Code, entitled "Building and Housing," Chapter 1, entitled, "Building Code," Section 3, entitled "Amendments to Code," to delete Section 313 of the International Residential Code, be given first vote. The Mayor declared the motion carried. Moved and seconded to adopt RES. 10-373, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE IOWA DEPARTMENT OF CULTURAL AFFAIRS FOR A GRANT FROM THE IOWA GREAT PLACES PROGRAM. Moved and seconded to adopt RES. 10-374, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A GRANT AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION (IDOT) FOR EXTENDING THE COURT HILL TRAILS PROJECT ALONG RALSTON CREEK IN EAST IOWA CITY TO WINDSOR RIDGE. COURT HILL TRAIL PROJECT PHASE THREE. Moved and seconded to adopt RES. 10-375, 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 SNYDER AND ASSOCIATES PROFESSIONAL ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE TERRY TRUEBLOOD RECREATION AREA PHASE TWO IMPROVEMENT PROJECT. Official Actions August 17, 2010 Page 5 Moved and seconded to adopt RES. 10-376, AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT FOR ANON-COMPETITIVE IOWA JOBS PROGRAM GRANT (A/K/A I-JOBS II) TO MOVE THE NORTH WASTE WATER TREATMENT PLANT. Moved and seconded to adopt RES. 10-377, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA FOR A PORTION OF RIVERSIDE DRIVE IN IOWA CITY, IOWA. Moved and seconded to adopt RES. 10-378, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE PARKS DEPARTMENT MAINTENANCE FACILITY IMPROVEMENTS PROJECT. Moved and seconded to adopt RES. 10-379, ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES, as amended. Dan Ford, 2357 Willowbrooke Lane, appeared regarding the assessment for Willowbrooke Pointe Condominiums. Moved and seconded to amend the assessment for Willowbrooke Pointe by removing the $75 administrative fee. The Mayor declared the motion to amend carried. The Mayor declared the resolution adopted as amended. Moved and seconded to accept correspondence from Mark Neary and Don Ford. The Mayor declared the motion carried. Moved and seconded to make the following appointments to Boards and Commissions: reappoint Charles Drum, 1136 Franklin Street, to Housing and Community Development Commission for athree-year term September 1, 2010 -September 1, 2013; appoint Angelina Blanchard-Manning, 374 Westgate #6, to Police Citizens Review Board for an unexpired term, effective upon appointment, ending September 1, 2012. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Correspondence received from Cindy Roberts and Angelina Blanchard-Manning. The Mayor noted no applications were received for the following Boards and Commissions and all will be readvertised: Airport Zoning Brd of Adjustment for an unexpired term, effective upon appointment, plus afive-year term January 1, 2007 -December 31, 2011; Airport Zoning Brd of Adjustment for afive-year term January 1, 2009 -December 31, 2013; Airport Zoning Commission for 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 for Tate High for atwo-year term for January 1, 2009 -December 31, 2010. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] The Mayor noted the current vacancies: Telecommunications Commission for an unexpired term, effective upon appointment, ending March 13, 2011; Youth Advisory Commission for an unexpired term, effective upon appointment, ending December 31, 2011. Official Actions August 17, 2010 Page 6 Correspondence received from Bob King and Alexandra received by 5:00 p.m., Wednesday, October 6, 2010. Moved and seconded to adjourn meeting 8:15 p.rr Tamerius. Applications must be The Mayor declared the motion carried. A more complete description of Council Activities and disbursements is on file in the office of the City Clerk and Finance Department. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk Submit a or publication - 8/24/10. 2a 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 for this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIVITIES 8/20/10 Iowa City City Council special meeting, 8:00 a.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Moved and seconded to adjourn to executive session to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session. (City Manager Search). The Mayor declared the motion carried. Moved and seconded to adjourn special meeting 10:35 a.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/Matthew J. Hayek, Mayor Attest: s/Marian K. Ka r, Cit Clerk Submitted for publication - 8/24/10. /-k~' `~ Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES AUGUST 16, 2010 Iowa City City Council special meeting, 6:30 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Staff members present: Helling, Dilkes, Karr, Long, Davidson, Moran. Moved by Champion, seconded by Wright, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation; and 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 6:31 p.m. Council returned to open session 7:09 p.m. Moved by Wright, seconded by Champion, to adjourn special meeting 7:10 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Matthew J. Hayek, 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 AUGUST 17, 2010 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn (7:34 PM), Wright. Absent: None. Staff members present: Helling, Dilkes, Karr, Moran, Knoche, Davidson, Ream. The Mayor proclaimed Get Moving for Healthy Kids Day -August 29, 2010, Colleen Davis accepting; Social Security-Go Green, Go Online, Going Strong at 75 Day-August 14, 2010. The City Council presented a certificate of appreciation to Interim City Manager Dale Helling in recognition of his 35 years of service to the City. Moved by Champion, seconded by Wright, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: July 12, Special Council Work Session; July 12, 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): Historic Preservation Commission -June 10, 2010; Historic Preservation Commission -May 27, 2010; Board of Adjustment: June 9, 2010; Airport Commission -July 1, 2010; Airport Commission -June 17, 2010; Human Rights Commission -June 15, 2010; Parks and Recreation Commission -May 12, 2010; Senior Center Commission -June 17, 2010; Senior Center Commission -May 20, 2010; Youth Advisory Commission -April 12, 2010; Telecommunications Commission -June 26, 2010; Police Citizens Review Board -July 21, 2010; Police Citizens Review Board -July 13, 2010; Police Citizens Review Board -June 24, 2010; Police Citizens Review Board -May 11, 2010; Board of Appeals -May 3, 2010; Civil Service Commission -July 27, 2010. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Oyama Sushi Ni's, Inc., dba Oyama Sushi, 1853 Lower Muscatine Rd.; Temporary 5- Day Class B Beer Permit for Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival Tent A, 2140 Rochester Avenue. (9/3/10 - 9/6/10); Temporary 5-Day Class B Beer Permit for Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival Tent B, 2140 Rochester Avenue. (9/3/10 - 9/6/10); Temporary Outdoor Service for Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival. 2140 Rochester Ave. (9/3/10 - 9/6/10). Renewal: Class C Liquor License for DTW, Inc., dba T.C.B., 114 E. College St.; Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Drugstore, 310 N. First Ave.; Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #1, 525 Hwy 1 W.; Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #2, 1920 Lower Muscatine Rd.; Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #3, 2410 Mormon Trek Blvd.; Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #5, 206 E. Benton St.; Class C Liquor License for Iowa City Aerie #695 Fraternal Order of Eagles, Inc., dba Fraternal Order of Eagles Iowa City Aerie #695, 225 Hwy 1 W.; Class C Liquor License for High Energy Food Concepts, Inc., dba Martini's, 127 E. College St.; Outdoor Service area for High Energy Food Concepts, Inc., dba Martini's, 127 E. College St.; Class C Beer Permit for Jason Caylor dba Liquor Downtown, 313 S. Gilbert Complete Description August 17, 2010 Page 2 St.; Class C Liquor License for Orchard Green, Inc., dba Orchard Green Restaurant, 521 S. Gilbert St. Class C Liquor License for Chackalackal, Inc., dba One Twenty Six, 126 E. Washington St.; Class C Beer Permit for L & M Mighty Shop, Inc., dba L & M Mighty Shop, 504 E. Burlington St.; Class C Beer Permit for IC Pit Stop, LLC, dba I.C. Pit Stop, 300 Kirkwood Ave.; Class C Liquor License for Iowa City Fieldhouse Co. ,Inc., dba Field House, 111 E. College St.; Class C Liquor License for Chipotle Mexican Grill of Colorado, Inc., dba Chipotle Mexican Grill, 201 S. Clinton Suite 112; Outdoor Service Area for Chipotle Mexican Grill of Colorado, Inc., dba Chipotle Mexican Grill, 201 S. Clinton Suite 112; Special Class C Liquor License for Englert Civic Theatre, LP, dba Englert Theatre, 221 E. Washington St.; RES. 10-362, TO ISSUE DANCING PERMIT to Iowa City Aerie #695 Fraternal Order of Eagles, Inc., dba Fraternal Order of Eagles Iowa City Aerie #695, 225 Hwy 1 W.; Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival. 2140 Rochester Ave.; Iowa City Fieldhouse Co. ,Inc., dba Field House, 111 E. College St. Motion: Approve disbursements in the amount of $23,205,240.13 for the period of June 1 through June 30, 2010, as recommended by the Finance Director subject to audit. Resolutions: RES. 10-363, NAMING DEPOSITORIES; RES. 10-364, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1026 FAIRCHILD STREET, IOWA CITY, IOWA; RES. 10- 365, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1931 CHELSEA COURT, IOWA CITY, IOWA; .RES. 10-366, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 1015 DIANA STREET, IOWA CITY, IOWA; RES. 10-367, AUTHORIZING THE MAYOR TO EXEUCTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 950 OXEN LANE, IOWA CITY, IOWA; RES. 10-368, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 425 UPLAND AVENUE, IOWA CITY, IOWA; RES. 10-369, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTY LOCATED AT 1410 S. FIRST AVENUE, IOWA CITY, IOWA; RES. 10-370, ACCEPTING THE WORK FOR THE PAVING PUBLIC IMPROVEMENTS FOR LOT 78 OF WALNUT RIDGE -PART SEVEN, AND DECLARING SAID PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 10-371, REMOVING 731 BOWERY STREET FROM THE ASSESSMENT SCHEDULE AND DIRECTING THE CLERK NOT TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. Complete Description August 17, 2010 Page 3 Correspondence: Acting Traffic Engineering Planner regarding Removal of (1) NO PARKING ANY TIME EXCEPT SUNDAYS sign, and installation of (1) NO PARKING ANY TIME sign in the south half of the 100 block of N. Dubuque Street; JCCOG Traffic Engineering Planner regarding Remove (1) TRANSIT STOP sign on the east side of the 200 block of S. Clinton Street, south of the pedestrian mall entrance; JCCOG Traffic Engineering Planner regarding Installation of NO PARKING ANY TIME signs on the turnaround on the north end of Woolf Avenue; Acting Traffic Engineering Planner regarding Installation of (1) NO PARKING CORNER TO HERE sign on the northeast corner of the intersection of Bloomington Street and Reno Street; Tim Taffe regarding Plastic bags; Karen Dolan and Emma Boorboor regarding Local Jobs Resolution; John Northup regarding Sculpture idea at the crossroads of Rochester Ave [staff response included]; Allen Stroh regarding City of Literature [staff response included]; Steven Miller, Terri Byers, Chris Weinard regarding City Manager Search; Timothy Grady regarding Kennedy-Hilgenberg Enterprises, Inc./Wild Prairie Estates, Part Five; Arlene Brenneman regarding 1St Avenue truck traffic concern; Alicia Ambler regarding Urban chickens; Magic Bus letter from Peter Anderson [staff response included] Mitch Thomann; City Engineer regarding Competitive Quotation Results; Tracy Barkalow, Jimmy Clark, Chris Querrey regarding Stadium Club. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the motion carried. Jimmy Clark, 825 St. Anne's Dr. and Tracy Barkalow appeared regarding the application for Stadium Club for a temporary use permit and liquor license. Moved by Champion, seconded by Mims, to set a public hearing for August 31 on an ordinance amending the Zoning Code, Section 14-3B-1 Historic District Overlay Zone; Section 14-8E-2, Historic Review; Section 14-8E-3, Certificate of Economic Hardship; and Section 14-2B- 6, Multifamily Site Development Standards to correspond with amendments to the Historic Preservation Handbook. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the motion carried. A public hearing was held on a resolution adopting amended FY11 Annual Action Plan which is a sub-part of Iowa City's 2011-2015 Consolidated Plan (City Steps) and authorizing the city manager to submit said amended plan to use CDBG Disaster Recovery Program income for the west side levee. Moved by Wright, seconded by Mims, to accept correspondence from Jill Butler, # 137 Baculis Mobile Home Park; Jim and Mary Beth Hammes, Thatcher Mobile Home Park; Nancy Quellhorst, Iowa City Area Chamber of Commerce; Senator Robert Dvorsky; John Balmer, Plumbers Supply; Blake Hendrickson, VW Parts4sale.com; Congressman Dave Loebsack; Hoe Raso, Iowa City Area Development Group; State Rep. Mary Mascher; and Senator Joe Bolkcom . The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. Moved by Bailey, seconded by Dickens, to adopt RES. 10-372, ADOPTING AMENDED FY11 ANNUAL ACTION PLAN WHICH IS A SUB-PART OF IOWA CITY'S 2011-2015 CONSOLIDATED PLAN (CITY STEPS) AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID AMENDED PLAN TO USE CDBG DISASTER RECOVERY PROGRAM INCOME FOR THE WEST SIDE LEVEE. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Moved by Champion, seconded by Wright, that the ordinance amending Title 3, entitled "City Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the City Code to Complete Description August 17, 2010 Page 4 increase or change certain solid waste charges, be given second vote. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the motion carried. Moved by Mims, seconded by Bailey, to consider Item 9 before Item 8. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. Moved by Bailey, seconded by Dickens, that the ordinance amending Title 5, entitled "Business and License Regulations," Chapter 1, entitled "General Licensing Provisions" and Chapter 2, entitled "Taxicabs" to clarify revocation procedures, rate provisions and driver badge provisions to place responsibility for issuance of an identification card and driver liability insurance on the taxicab business, be given first vote. Council Member Wilburn arrived 7:34 PM. The following individuals appeared: Roger Bradley, Yellow Cab; Marialyce Prior; Mark Paterno, Marco's Taxi; and Dave Stoddard, Yellow Cab. Individual Council Members expressed their views. Moved by Wright, seconded by Champion, to amend the ordinance to include a package delivery fee. The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. Affirmative roll call vote unanimous on the first consideration as amended, 7/0, all Council Members present. The Mayor declared the motion carried as amended. Moved by Wilburn, seconded by Wright, to accept correspondence from Christopher Bergan, Roger Bradley, Yellow Cab; Chris Cutkomp, King Taxi, and seven (7) other cab companies. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Dickens that the ordinance amending Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," by repealing Subsections 5- 2-2, "Taxicab Business License; vehicle decals," and 5-2-4, "Vehicle Inspection Required," in their entirety and replacing them with new subsections; and amending 5-2-7 to provide provisions for rate changes, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Mims, seconded by Wilburn, that the ordinance amending Title 17 of the City Code, entitled "Building and Housing," Chapter 1, entitled, "Building Code," Section 3, entitled "Amendments to Code," to delete Section 313 of the International Residential Code, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Wilburn, to adopt RES. 10-373, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE IOWA DEPARTMENT OF CULTURAL AFFAIRS FOR A GRANT FROM THE IOWA GREAT PLACES PROGRAM. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Mims, to adopt RES. 10-374, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A GRANT AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION (IDOT) FOR EXTENDING THE COURT HILL TRAILS PROJECT ALONG RALSTON CREEK IN EAST IOWA CITY TO WINDSOR RIDGE. COURT HILL TRAIL PROJECT PHASE THREE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Mims, to adopt RES. 10-375, 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 SNYDER AND ASSOCIATES PROFESSIONAL ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE TERRY TRUEBLOOD RECREATION AREA PHASE TWO Complete Description August 17, 2010 Page 5 IMPROVEMENT PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Wilburn, to adopt RES. 10-376, AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT FOR ANON-COMPETITIVE IOWA JOBS PROGRAM GRANT (A/K/A I-JOBS II) TO MOVE THE NORTH WASTE WATER TREATMENT PLANT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Dickens, to adopt RES. 10-377, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA FOR A PORTION OF RIVERSIDE DRIVE IN IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Dickens, to adopt RES. 10-378, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE PARKS DEPARTMENT MAINTENANCE FACILITY IMPROVEMENTS PROJECT to Apex Construction for $136,000. Parks & Recreation Dir. Moran present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Wright, to adopt RES. 10-379, ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES, as amended. Dan Ford, 2357 Willowbrooke Lane, appeared regarding the assessment for Willowbrooke Pointe Condominiums. Code Enforcement Officer Ream present for discussion. Individual Council Members expressed their views. Moved by Bailey, seconded by Mims, to amend the assessment for Willowbrooke Pointe by removing the $75 administrative fee. The Mayor declared the motion to amend carried, 7/0 all Council Members present. Affirmative roll call vote unanimous as amended, 7/0, all Council Members present. The Mayor declared the resolution adopted as amended. Moved by Wilburn, seconded by Champion, to accept correspondence from Mark Neary and Don Ford. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wright, seconded by Mims, to make the following appointments to Boards and Commissions: reappoint Charles Drum, 1136 Franklin Street, to Housing and Community Development Commission for athree-year term September 1, 2010 -September 1, 2013; appoint Angelina Blanchard-Manning, 374 Westgate #6, to Police Citizens Review Board for an unexpired term, effective upon appointment, ending September 1, 2012. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Correspondence received from Cindy Roberts and Angelina Blanchard-Manning. The Mayor noted no applications were received for the following Boards and Commissions and all will be readvertised: Airport Zoning Brd of Adjustment for an unexpired term, effective upon appointment, plus afive-year term January 1, 2007 -December 31, 2011; Airport Zoning Brd of Adjustment for afive-year term January 1, 2009 -December 31, 2013; Airport Zoning Commission for 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 Complete Description August 17, 2010 Page 6 a five-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Youth Advisory Commission for Tate High for atwo-year term for January 1, 2009 -December 31, 2010. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] The Mayor noted the current vacancies: Telecommunications Commission for an unexpired term, effective upon appointment, ending March 13, 2011; Youth Advisory Commission for an unexpired term, effective upon appointment, ending December 31, 2011. Correspondence received from Bob King and Alexandra Tamerius. Applications must be received by 5:00 p.m., Wednesday, October 6, 2010. Council Member Champion inquired when new elevators would be installed in the Dubuque Street parking facility. Staff will report back. Council Member Wright noted the Sand In the City event planned downtown August 20-22. Mayor Pro tem Wilburn noted the opening of 2010-2011 school year and encouraged citizens to exercise patience and exercise caution. Council Member Bailey welcomed new people to the community and underlined comments made by Mayor Pro tem Wilburn to exercise patience; and underscored the service of Interim City Manager Helling. Council Member Dickens welcomed University of Iowa student to the community, and hoped all teachers were "ready" for the school year. Mayor Hayek wished Council Member Champion a Happy Birthday. Moved by Wilburn, seconded by Bailey, to adjourn meeting 8:15 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Interim City Manager Helling thanked Council for the surprise certificate presented at the beginning of the meeting. Matthew J. Hayek, 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 AUGUST 20, 2010 Iowa City City Council special meeting, 8:00 a.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Staff members present: Dilkes, Karr. Moved by Wright, seconded by Bailey, to adjourn to executive session to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session. (City Manager Search). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 8:05 a.m. Council returned to open session 10:34 a.m. Moved by Bailey, seconded by Mims, to adjourn special meeting 10:35 a.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk