Loading...
HomeMy WebLinkAbout2010-09-21 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES SEPTEMBER 21, 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 (7:10), Wilburn, Wright. Absent: None. Staff members present: Helling, Fosse, Dilkes, Karr, Robinson, Davidson, O'Brien, O'Malley, Bollinger. The Mayor presented Outstanding Student Citizenship Awards to Roosevelt Elementary: Caecilia Shoppa and Julie Watkins. The Mayor proclaimed International Day of Peace -September 21, 2010, Nancy Porter accepting; Iowa City Genealogy Month -October 2010, Trudy Burns accepting; Fire Prevention Week -October 3 - 9, 2010, Fire Lieutenant Robert Henry accepting. Moved by Champion, seconded by Bailey, 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. August 30, Special Council Work Session; August 31, Special Council Formal Official and Complete; September 7, Special Council Work Session; September 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): Historic Preservation Commission: August 12, 2010; Planning and Zoning Commission: August 19, 2010; Planning and Zoning Commission: August 16, 2010; Youth Advisory Commission: August 13, 2010; Public Art Advisory Committee: July 1, 2010; Police Citizens Review Board: August 10, 2010. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Beer Permit for Kum & Go, LC, dba Kum & Go #51, 323 E. Burlington St.; Class C Beer Permit for Kum & Go, LC, dba Kum & Go #52, 25 W.. Burlington St.; Class C Beer Permit for Kum & Go, LC, dba Kum & Go #53, 955 Mormon Trek Blvd.; Class C Beer Permit for Hy-Vee, Inc., dba Hy-Vee Gas #1, 260 Stevens Dr.; Class C Liquor License for Micky's of Iowa City, Inc., dba Micky's Irish Pub, 11 S. Dubuque St.; Special Class C Liquor License for 2-Tone, Inc., dba Bluebird Diner, 330 E. Market St.; Class C Beer Permit for Dan's Short Stop Corporation, dba Dan's Short Stop Corporation, 2221 Rochester Ave.; Class C Beer Permit for Hawkeye Oil Company, dba Scott Blvd. Hawkeye Convenience Stores, 2875 Commerce Dr.; Class C Liquor License for I.C.B.B., Ltd., dba Brown Bottle, 115 E. Washington St.; Class C Liquor License for Bread Garden of Iowa City, L.C., dba Bread Garden Market and Bakery, 225 S. Linn St.; Class C Liquor License for Givanni's of Iowa City, Inc., dba Givanni's, 109 E. College St.; Class C Liquor License for Mondo's of Iowa City, Inc., dba Joseph's Steakhouse, 212 S. Clinton St.; Class C Liquor License for Dawit's Restaurant, Inc., dba David's Place, 100 S. Linn St.; Class C Liquor License for Saloon of Iowa City, L.C., dba Saloon, 112 E. College St.; Class C Beer Permit for ND Express, Inc., dba North Dodge Express, 2790 N. Dodge St. Complete Description September 21, 2010 Page 2 Motions. Approve disbursements in the amount of $11,197,103.29 for the period of August 1 through August 31, 2010, as recommended by the Finance Director subject to audit. Public Hearing: RES. 10-399, SETTING A PUBLIC HEARING FOR OCTOBER 11, 2010 TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND VAN METER INDUSTRIAL, INC. FOR LOT 10 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION AND TO CONSIDER A PROPOSAL TO CONVEY SAID PROPERTY. Resolutions: RES. 10-400, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTY LOCATED AT 412 TERRACE ROAD, IOWA CITY, IOWA; RES. 10-401, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTY LOCATED AT 322 COURT STREET PLACE, IOWA CITY, IOWA; RES. 10-402, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT, TWO PROMISSORY NOTES, AND FIVE MORTGAGES FOR THE PROPERTY LOCATED AT 2220 CALIFORNIA AVENUE, IOWA CITY, IOWA; RES. 10-403, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTY LOCATED AT 319 E. WASHINGTON STREET, IOWA CITY, IOWA; RES. 10-404, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTY LOCATED AT 227 N. DUBUQUE STREET, IOWA CITY, IOWA; RES. 10-405, APPROVING THE CITY STREET FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2010; RES. 10-406, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SANITARY SEWER CONSTRUCTION EASEMENT AND DEDICATION AGREEMENT FOR AUDITOR'S PARCEL 2001051; RES. 10-407, AUTHORIZING APPLICATIONS FOR FUNDING ASSISTANCE FROM THE IOWA DEPARTMENT OF TRANSPORTATION (IDOT) FOR DEVELOPMENT OF A RECREATION TRAIL AND BRIDGE ACROSS THE IOWA RIVER. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of (1) STOP sign on the northwest corner of the intersection of St. Clements Alley and the unnamed east-west alley behind Roberts Dairy on Dodge Street; JCCOG Traffic Engineering Planner regarding Establishment of an 8AM-5PM LOADING ZONE with a 15 minute limit on the north side of the 100 block of Lafayette Street with a NO PARKING 2AM-6AM TOW AWAY ZONE; Marc Moen regarding 19/21 debate; Beth Sowder regarding Student Liaison model; Jamison and Michelle Winders regarding Maximum Dog Limits in Iowa City [staff response included]; Cynthia Jewell (X2) regarding Property Tax Relief; Annie Meltzer regarding Moped Parking; Bob Brooks regarding House parties; Tom Waters regarding Police Blotter; Shea Becker regarding Towncrest plans; Doyle Landry regarding October 1 Iowa City Race & Basketball Meeting. Complete Description September 21, 2010 Page 3 Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Mims, seconded by Bailey, to set a public hearing for October 11, on an ordinance conditionally rezoning approximately 60.32 acres of land from Interim Development-Research Park (ID-RP), to Overlay Planned Development -Office Research Park (OPD-ORP); and approximately 56.48 acres of land from Interim Development- Research Park (ID-RP) to Overlay Planned Development-Research Development Park (OPD-RDP); and approximately 24.49 acres of land from Interim Development-Research Park (ID-RP) to Overlay Planned Development-Mixed Use (OPD-MU) for property located northwest of the interchange of State Highway 1 with Interstate 80 (Moss Green REZ10- 00004). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Wright, to set a public hearing for October 11 on an ordinance amending Title 14, Chapter 5, Article J. Floodplain Management Standards to regulate the 100 and 500 year floodplain and associated changes to 14-9f Flood Plain Management Definitions, 14-4B-2 Variances and 14-8B-5 Flood Plain Development Permit. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Mims, to set a ~ublic hearing for October 11 on an ordinance rezoning 173-acres of land located on 420 h Street West of Taft Avenue from General Industrial (11) and Interim Development -Industrial (ID-I) to General Industrial (OPD- I1). (REZ10-00007/SUB10-00004). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wright, seconded by Champion, to adopt RES. 10-408, APPROVING THE EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF MEADOWLARK HILL 2ND SUBDIVISION, JOHNSON COUNTY, IOWA (SUB10-00009/SUB10-00010). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Bailey, to adopt RES. 10-409, AUTHORIZING THE CITY TO FILE AN APPLICATION FOR AN IOWA SMART PLANNING LOCAL COMPREHENSIVE PLANNING GRANT TO CONDUCT A COMPREHENSIVE PLAN UPDATE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution amending the FY2011 Operating Budget. Finance Director O'Malley present for discussion. Moved by Wright, seconded by Champion, to adopt RES. 10-410, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2011. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Phase Two -Trail Development of the Terry Trueblood Recreation Area Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by Wilburn, seconded by Mims, to adopt RES. 10-411, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE Complete Description September 21, 2010 Page 4 CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA -PHASE 2 IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Bailey, 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. 10-4406, 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 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 Mims, 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 Mims, that the ordinance amending Title 4, Alcoholic Beverages, Chapter 5, Prohibitions and Restrictions, Section 8, Persons under the Legal Age in Licensed or Permitted Establishments, Subsection B, to add a new Subparagraph 6, and Title 4, Alcoholic Beverages, Chapter 5, Prohibitions and Restrictions, Section 8, Persons Under the Legal Age in Licensed or Permitted Establishments, Subsection C, to add a new Subparagraph 5, to allow the Chief of Police to approve split- premises special events in liquor license establishments, permitting entry by those under legal age into an alcohol-free portion of the establishment, while still allowing the service and possession of alcohol to those of legal age in a separate alcohol-permitted portion of the establishment, be given first vote. The Mayor announced that Council would be considering a companion ordinance dealing with entertainment venues on October 11th. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wright, seconded by Dickens, that the ordinance amending Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs" to clarify airport shuttles can operate without a taximeter, 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. 10-412, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH CONFLUENCE FOR NORTH SIDE MARKETPLACE STREETSCAPE DESIGN SERVICES. 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. 10-413, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST OF SIMPLE FLIGHT FOR THE PURCHASE OF SAID SCULPTURE AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE AGREEMENT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description September 21, 2010 Page 5 Moved by Wilburn, seconded by Bailey, to adopt RES. 10-414, ACCEPTING ZOYA, A SCULPTURE CREATED BY VALERY KOVALEV AS A GIFT FROM KHRISTOFOR AGASSANDIAN TO THE CITY OF IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Mims, seconded by Champion, to adopt RES. 10-415, AUTHORIZING THE CITY MANAGER TO EXECUTE THE HAZARD MITIGATION GRANT PROGRAM (HMGP) GRANT AGREEMENT AND COMMITTING THE LOCAL MATCH FUNDS FOR THE HICKORY HILL PARK TORNADO ROOM PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Dickens, to adopt RES. 10-416, AMENDING THE BUDGETED POSITIONS IN THE TRANSPORTATION SERVICES DEPARTMENT BY REMOVING ONE MAINTENANCE WORKER II -PARKING SYSTEMS -NIGHT POSITION AND CREATING ONE MAINTENANCE WORKER I POSITION AND AMENDING THE AFSCME PAY PLAN BY DELETING THE POSITION OF MAINTENENACE WORKER II - PARKING SYSTEMS -NIGHT, GRADE 4. Jeff Stratman, retired AFSCME employee, appeared. Transportation Services Director O'Brien present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Mims, to adopt RES. 10-417, AUTHORIZING RETENTION OF HALL & ASSOCIATES FOR LEGAL REPRESENTATION IN THE MATTER OF IOWA LEAGUE OF CITIES V. ENVIRONMENTAL PROTECTION AGENCY. Mayor Hayek noted a press release from the City containing further information. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. 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 for asix-year term January 1, 2010 -December 31, 2015; Appeals, Board of for 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. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] The Mayor noted the previously announced vacancies: Telecommunications Commission for an unexpired term, effective upon appointment, ending March 13, 2011; Youth Advisory Commission for an At Large unexpired term, effective upon appointment, ending December 31, 2011. Applications must be received by 5:00 p.m., Wednesday, October 6, 2010. Adjustment, Board of for afive-year term January 1, 2011 -January 1, 2016; Appeals, Board of for afive-year term January 1, 2011 -December 31, 2015, for a Licensed Electrician; Human Rights Commission for three vacancies to fill three-year terms January 1, 2011 -January 1, 2014; Parks & Recreation Commission for two vacancies to fill Complete Description September 21, 2010 Page 6 four-year terms January 1, 2011 -January 1, 2015; Public Art Advisory Committee for two vacancies to fill three-year terms January 1, 2011 -January 1, 2014; Senior Center Commission for two vacancies for three-year terms January 1, 2011 -December 31, 2013; Youth Advisory Commission for two vacancies, City High and West High, for two-year terms January 1, 2011 -December 31, 2012. Applications must be received by 5:00 p.m., Wednesday, October 20, 2010. The Mayor noted the current vacancies: Airport Commission for an unexpired term, effective upon appointment, ending March 1, 2013; Police Citizens Review Board for an unexpired term, effective upon appointment, ending September 1, 2012. Applications must be received by 5:00 p.m., Wednesday, November 3, 2010. Moved by Champion, seconded by Wright to accept correspondence from Greg Farris and Angie Blanchard-Manning. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Mims, to appoint Council Member Dickens to Roosevelt Re-Purpose Task Force. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Dickens reported on his attendance at the badge pinning for three new firefighter earlier in the week; noted that the City had been recognized by Forbes magazine as Number 2 of the Top 10 best cities for business and career and featured an article on Plaza Towers. Council Member Bailey Wish Council Member Wilburn a Happy Birthday. Mayor Pro tem Wilburn thanked everyone for the birthday wishes, and stated he appreciated everyone; and thanked the motorist who stopped to assist him the previous week when he had a bicycle accident. Council Member Wright noted an event September 23 as part of the annual Carol Spaziani Intellectual Freedom Festival sponsored by the Public Library, and on September 30 the first banned books Read Out event. Council Member Champion wished Mayor Pro tem Wilburn a Happy Birthday. Council Member Mims reported she attended the annual Parks & Recreation Commission tour and stated it was nice to see many of the parks and talk with Commissioners, noting the Terry Trueblood Recreation Area was going to be a an incredible asset to the parks system. Mayor Hayek also wished Mayor Pro tem Wilburn a Happy Birthday; and noted the Meet and Greet on Tuesday, September 28 to meet the City Manager finalists. Moved by Wilburn, seconded by Bailey, to adjourn meeting at 7:40 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. ~c Matthew J. Hayek, ayor ~J ~ ~ z~~ Mari n K. Karr, City Clerk ~ CITY OF IOIN~ CITY 4a(1 _,! - -~'~ ~_._.® ~ni~ ~ ~"®~~~ ~ 1V[ ~ RA N D C~ Date: August 30, 2010 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, August 30, 2010, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright UISG: Higgins Staff: Helling, Holecek, Knoche, Karr, Fosse, Boothroy, .Davidson, J. Grier, Jensen, O'Brien, Rummel (A complete transcription is available in the City Clerk's Office and the City website) AGENDA ITEMS 1. (Agenda item # 11 -resolution approving Police Chief's revised guidelines ... review of applications ... initial and renewal liquor licenses, beer permits, and wine permits ...) Asst. City Atty. Holecek stated the language has been changed from "shall" to "may" on the requirement that the Police Chief recommend denial based on PAULA ratio., other criteria remains in effect. 2. (Consent Calendar # 2c (1) -new liquor license for Summit Restaurant & Bar) In response to Council, City Clerk Karr stated the application was in order. 3. (Consent Calendar agenda # 2c (2) and (3) -recommending denial of a liquor license for ... Stadium Club) Mayor Hayek asked that the item be removed from the Consent Calendar for separate consideration and he would be abstaining due to a conflict of interest. 4. (Consent Calendar # 2e (3) -resolution ... release of a school site covenant) PCD Dir. Davidson stated the school district was not prepared to commit to the site and the developer has requested the release. 5. (Agenda # 7 -Ordinance amending Title 5, ... 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) City Clerk Karr stated the ordinance had been amended to include language for package rates, stated the City ordinances deals with carrying passengers only, and requested the ordinance be amended to delete the package rates. SUNDAY BUS SERVICE [IP2 of 8/26 Info Packet & Agenda 2f(2)] Transportation Services Dir. O'Brien presented a power point (on file) and distributed hard copies of the presentation. Majority directed staff to pursue comprehensive study of bus service Council Work Session August 30, 2010 Page 2 including identifying gaps; ridership figures; smaller buses; route changes; scheduling; facility needs; and Coralville service. Staff was also asked to explore using vouchers to provide Sunday transportation service in the interim. STAFF ACTION: Prepare preliminary concept for study and report back to Council (O'Brien) FUTURE REVIEW OF DEVELOPMENT/PERMITTING PROCESS [IP3 of 8/26 Info Packet] Majority of Council agreed to wait to proceed until after the hiring of a new City Manager. Staff Action: None at this time. (Helling) INFORMATION PACKET DISCUSSION [8/19 & 8/26] August 19 None August 26 1. (IP10 -Elevator Project Update) Council Member Champion thanked staff for the update. 2. (IP4 -Council Laptop Computer Policies) In response to Council Member Mims, City Clerk Karr stated the item would be discussed later on the agenda. 3. (IP8 -Neighborhood Safety /Enforcement Activities) Council Member Mims thanked staff for their enforcement efforts in neighborhoods to make it a quiet, safe summer. Interim City Manager Helling noted a more comprehensive report of activities was forthcoming from the Police Department. UISG Liaison Higgins commended staff for distribution of the "Be Sure You Are Ready To Party" fliers to all rental units. COUNCIL LAPTOP COMPUTER POLICIES [IP4 of 8/26 Info Packet] Council directed staff to change the current policy re ordering and distribution of computer equipment to have ITS purchase laptop computers only for those City Council Members who request one; thus saving the recurring annual replacement chargeback's and eliminating the purchase of laptops that may not be needed. STAFF ACTION: Proceed as directed. (Karr) BUDGET PRIORITIES None SUMMARY OF PENDING WORK SESSION ISSUES [IP5 of 8/26 Info Packet] In response to Council Member Dickens, Asst. City Atty. Holecek that the City Attorney was working on a response to the letter from Washington DC regarding affordable housing issues and discussion would likely be scheduled for October. Council Work Session August 30, 2010 Page 3 2. Mayor Hayek noted staff was working on getting the work session agenda light for the evening of the 20th in light of the tentative schedule for City Manager interviews all day. 3. In response to Council Member Wright, Public Works Dir. and Acting Asst. City Manager Fosse, stated interns had been working on it during the summer and he was reviewing a report for possible Council distribution. UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS Council Member Bailey encouraged a good Iowa City representation at the League of Iowa Cities meeting in Coralville September 22-24. City Clerk Karr noted no one had registered and she would pass out the materials again at the formal meeting the next evening. 2. Council Member Bailey expressed interest in attending the Commercial Real Estate Trends workshop in Cedar Rapids on September 21. City Clerk Karr will process registration. DISCUSSION OF MEETING SCHEDULES City Clerk Karr reviewed the tentative City Manager interview schedule for September 27-29. Meeting adjourned 7:35 PM. - ~5-21-10 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 for this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS 8/31/10 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. Moved and seconded 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 Summit Restaurant & Bar, 10 S. Clinton St.; Renewals: Class C Liquor License for Airliner Bar, 22 S. Clinton St.; Class C Liquor License for Short's Burger and Shine, 18 S. Clinton St.; Class C Liquor License for George's Buffet, 312 E. Market St.; Special Class C Liquor License for Zio Johno's Iowa City, 953 S. Riverside Dr.; Class C Beer Permit for Casey's General Store #2761, 204 N. Dubuque St.; Class C Beer Permit for Casey's General Store #2781, 1410 Willow Creek Dr.; Class C Liquor License for Blackstone, 503 Westbury; Class C Liquor License for Union Bar, 121 E. College St.; Class C Liquor License for Atlas World Grill, Inc., 127 Iowa Ave.; Class C Beer Permit for New Pioneer Co Op Fresh Food Market, 22 S. Van Buren St. RES. 10-380, TO ISSUE DANCING PERMIT, 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 THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 614 RUNDELL Official Actions August 31, 2010 Page 2 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. 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 and seconded to approve the recommendation of denial of Special Class C Liquor License for Stadium Club, 817 Melrose Ave. The Mayor Pro tem declared the motion carried. 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. Alicia Trimble, Historic Preservation chairperson, appeared. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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 CHANGE CERTAIN SOLID WASTE CHARGES, be passed and adopted. Moved and seconded 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. 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, Official Actions August 31, 2010 Page 3 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 and seconded to remove the language regarding packet delivery rates under Section 5-2-7A(3). The Mayor declared the motion to amend 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. 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). The Mayor declared the motion carried. Moved and seconded that the ordinance be adopted at this time. Moved and seconded 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. 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 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. The Mayor declared the motion carried. Moved and seconded to accept correspondence from David Stoddard. 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. 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded 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. 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 Official Actions August 31, 2010 Page 4 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 a five-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.] Moved and seconded to adjourn meeting 8:15 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 Department. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk ~~~~ ~~ ~~ Submitted for publication - 9/8/10. ~.t. ~,~~ ~~! r ` ~~.®a7~ . ,~®,.~ CITY OF IOWA C1T 4a3 MEMORANDUM Date: .September 7, 2010 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, September 7, 2010, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright UISG Rep: Higgins Staff: Helling, Dilkes, Karr, Fosse, Rocca, Davidson, Goers, Craig (A complete transcription is available in the City Clerk's Office and the City website) FIRE DEPARTMENT STRATEGIC PLAN [Agenda #3b(1)] Fire Chief Rocca presented a power point, and outlined the process. AGENDA ITEMS (Agenda item # 7 -ordinance amending Title 4, Alcoholic Beverages, Chapter 5, Prohibitions and Restrictions, .... Permitting entry by those under legal age into an alcoholic free portion of the establishment, while still allowing the servicer and possession of alcohol- permitted portion of the establishment) Council discussed proceeding with first consideration of the ordinance, while staff prepared a further discussion question on the entertainment venue correspondence or deferring a vote until after a work session could be scheduled on the entertainment venue. No decision was made prior to adjourning to the formal meeting. [Recessed to formal meeting 7:00 PM; returned to work session 7:40 PM] 2. In response to Council Member Wright, Interim City Manager Helling stated staff would address concerns expressed in Whispering Prairie. 3. (Consent Calendar # 3d(1) ...correspondence ... Donald Baxter .. intersection of Madison and Burlington) Council Member Wright noted he had received correspondence earlier regarding the intersection and forwarded it to staff; he reported that Police will be monitoring the intersection and JCCOG would be doing a traffic count analysis. Council Member Champion raised concerns regarding restricting turns on red. Council expressed interest in pursing no right turns on red in the downtown area. Interim City Manager Helling reported that traffic engineering was looking into the intersection. INFORMATION PACKET DISCUSSION [9/2] No discussion on the September 2 packet. Council Work Session September 7, 2010 Page 2 COUNCIL TIME 1. Council Member Bailey noted previous discussion re establishment of some sort of voucher system for Sunday transit services while awaiting the comprehensive study. Council Members Wright and Mims expressed interest in pursing the voucher suggestion. Staff will follow up. 2. Council Member Bailey questioned if there would be some de-briefing or comment received regarding the new Farmers Market hours and street closure; possible expansions for next year; and waiting lists of vendors. Interim City Manager Helling will follow up with staff. 3. Council Member Champion reported that motorists were running red lights and blocking intersections, especially during rush hour. 4. Council Member Champion stated she was glad to see the Police were citing disorderly houses, and encouraged people to party responsibly. 5. Council Member Mims stated she drove through neighborhoods south of Burlington Street Friday evening, prior to the football game, and reported it appeared relatively quiet and noted her appreciation for Police Department citations for disorderly houses or loud parties. Interim City Manager Helling noted a number of PAULA citations are being written now on the street rather than in establishments. 6. In response to Council Member Champion, City Clerk responded that information on the City Manager search, schedule, and questions would be provided shortly. BUDGET PRIORITIES None SUMMARY OF PENDING WORK SESSION ISSUES [IP2] Council agreed to schedule a discussion of Split venues /Entertainment Venues to the September 20 work session (ordinance deferred to September 21). UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS None DISCUSSION OF MEETING SCHEDULE None Meeting adjourned 7:50 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 for this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 9/7/10 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, Wright. Absent: None. The Mayor proclaimed Constitution Week September 17-23, 2010, Ann Weber, Regent Pilgrim DAR Chapter accepting. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and or adopted as presented: Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Special Class C Liquor License for T.Spoons, 301 Market St.; Class C Liquor License for Motley Cow Cafe, 160 N. Linn St.; Special Class C Liquor License for Times Club at Prairie Lights, 15 S. Dubuque St.; Class E Liquor License for Liquor Downtown, 315 S. Gilbert St., Class C Liquor License for Takanami, 219 Iowa Ave. Motion: Approve Fire Strategic Plan. Public Hearing: RES. 10-387, SETTING PUBLIC HEARING ON AMENDING THE FY2011 OPERATING BUDGET; RES. 10-388, SETTING A PUBLIC HEARING ON SEPTEMBER 21, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA PHASE 2 IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 10-389, SETTING A PUBLIC HEARING ON OCTOBER 11, 2010 ON THE PROPOSED PARTIAL VACATION OF JJR DAVIS ADDITION FINAL PLAT AND CONVEYANCE OF THE VACATED RIGHT-OF-WAY TO DEALER PROPERTIES IC, LLC AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE THEREOF. Correspondence: Carol Kula regarding On-going concerns with City housing properties in our neighborhood; Michael McCarthy regarding Another mandate; Donald Baxter regarding Burlington/Madison intersection New UI CRWC. The Mayor declared the motion carried. Ron Christensen, 122 N. Westminster St, appeared re Game Day Iowa set up on Melrose Avenue. Staff will follow up 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. 10- 4404, 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 Official Actions September 7, 2010 Page 2 DEVELOPMENT STANDARDS, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to adopt RES. 10-390, ADOPTING REVISED IOWA CITY HISTORIC PRESERVATION HANDBOOK. Moved and seconded to defer to October 11 the resolution approving the preliminary and final plat of D & D Billion Addition, Iowa City, Iowa. The Mayor declared the motion carried. Moved and seconded that 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 as amended. City Atty. Dilkes explained that the ordinance had been amended to change the date the permit would run to November 30, matching sidewalk cafe regulations. The Mayor declared the motion carried. Moved and seconded to defer until September 21 an ordinance amending Title 4, Alcoholic Beverages, Chapter 5, Prohibitions and Restrictions, Section 8, persons under the legal age in licensed or permitted establishments, Subsection B, to add a new Subparagraph 6, and Title 4, Alcoholic Beverages, Chapter 5, Prohibitions and Restrictions, Section 8, persons under the legal age in licensed or permitted establishments, Subsection C, to add a new Subparagraph 5, to allow the Chief of Police to approve split-premises special events in liquor license establishments, permitting entry by those under legal age into an alcohol-free portion of the establishment, while still allowing the service and possession of alcohol to those of legal age in a separate alcohol-permitted portion of the establishment. The Mayor declared the motion carried. Moved and seconded that ORD. 10-4405, 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 passed and adopted. Sean Enfield, Boji Taxi Service, appeared. Moved and seconded to adopt RES. 10-391, AMENDING THE BUDGETED POSITIONS IN THE IOWA CITY PUBLIC LIBRARY. Moved and seconded to adopt RES. 10-392, APPROVING THE PUBLIC HOUSING ASSESSMENT SYSTEM (PHAS) MANAGEMENT OPERATIONS CERTIFICATION OF THE IOWA CITY HOUSING AUTHORITY FOR FY10. Moved and seconded to adopt RES.10-393, ADOPTING IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) INVESTMENT POLICIES AND RESCINDING RESOLUTION NO. 07- 19. Moved and seconded to approve the appointment of Jon Swearingen as the alternate from the University of Iowa Student Government (UISG) to the City Council until May 1, 2011. UISG City Council Liaison Elliot Higgins introduced Alternate Swearingen. The Mayor declared the motion carried. 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 Official Actions September 7, 2010 Page 3 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 a asix-year term January 1, 2010 -December 31, 2015; Appeals, Board of for 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 for an unexpired term, effective upon appointment, ending December 31, 2011 for At Large. Applications must be received by 5:00 p.m., Wednesday, October 6, 2010. The Mayor noted the current vacancies: Adjustment, Board of for afive-year term January 1, 2011 -January 1, December 31, 2016; Appeals, Board of for afive-year term January 1, 2011 -December 31, 2015, for a Licensed Electrician; Human Rights Commission for three vacancies for three-year terms January 1, 2011 -January 1, 2014; Parks & Recreation Commission for two vacancies to fill four-year terms January 1, 2011 - January 1, 2015; Public Art Advisory Committee for two vacancies to fill three-year terms January 1, 2011 -January 1, 2014' Senior Center Commission for two vacancies to fill three- yearterms January 1, 2011 -December 31, 2013; Youth Advisory Commission for two vacancies for two-year terms January 1, 2011 -December 31, 2012., for City High and West High. Applications must be received by 5:00 p.m., Wednesday, October 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.] Moved and seconded to adjourn meeting at 7:40 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/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk ~Z~~ ~~. ~~ ~~ . Submitted for publication - 9/14/10. ~~ 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 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. 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 SEPTEMBER 7, 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, Wright. Absent: None. Staff members present: Helling, Fosse, Dilkes, Karr, Craig, Davidson, Rocca, Goers. The Mayor proclaimed Constitution Week September 17-23, 2010, Ann Weber, Regent Pilgrim DAR Chapter accepting. Moved by Mims, seconded by Champion, that the following items and recommendations in the Consent Calendar be received, or approved, and or adopted as presented: Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Special Class C Liquor License for J.J.G., LLC, dba T.Spoons, 301 Market St.; Class C Liquor License for Corner of the Meadow, Inc., dba Motley Cow Cafe, 160 N. Linn St.; Special Class C Liquor License for Prairie Lights Books, Inc., dba Times Club at Prairie Lights, 15 S. Dubuque St.; Class E Liquor License for Jason Caylor dba Liquor Downtown, 315 S. Gilbert St., Class C Liquor License for Etre Restaurant Group, LLC, dba Takanami, 219 Iowa Ave. Motion: Approve Fire Strategic Plan. Public Hearing: RES. 10-387, SETTING PUBLIC HEARING ON AMENDING THE FY2011 OPERATING BUDGET, for September 21; RES. 10-388, SETTING A PUBLIC HEARING ON SEPTEMBER 21, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA PHASE 2 IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 10-389, SETTING A PUBLIC HEARING ON OCTOBER 11, 2010 ON THE PROPOSED PARTIAL VACATION OF JJR DAVIS ADDITION FINAL PLAT AND CONVEYANCE OF THE VACATED RIGHT-OF-WAY TO DEALER PROPERTIES IC, LLC AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE THEREOF. Correspondence: Carol Kula regarding On-going concerns with City housing properties in our neighborhood; Michael McCarthy regarding Another mandate; Donald Baxter regarding Burlington/Madison intersection New UI CRWC. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Ron Christensen, 122 N. Westminster St, appeared re Game Day Iowa set up on Melrose Avenue. Staff will follow up Moved by Bailey, seconded by Wright, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 10-4404, AMENDING THE IOWA CITY ZONING CODE, SECTION 14-3B-1 Complete Description September 7, 2010 Page 2 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 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 Bailey, seconded by Dickens, 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 Champion, to adopt RES. 10-390, ADOPTING REVISED IOWA CITY HISTORIC PRESERVATION HANDBOOK. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Mims, to defer to October 11 the resolution approving the preliminary and final plat of D & D Billion Addition, Iowa City, Iowa. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Wilburn, that 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 as amended. City Atty. Dilkes explained that the ordinance had been amended to change the date the permit would run to November 30, matching sidewalk cafe regulations. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Wilburn, to defer indefinitely an ordinance amending Title 4, Alcoholic Beverages, Chapter 5, Prohibitions and Restrictions, Section 8, persons under the legal age in licensed or permitted establishments, Subsection B, to add a new Subparagraph 6, and Title 4, Alcoholic Beverages, Chapter 5, Prohibitions and Restrictions, Section 8, persons under the legal age in licensed or permitted establishments, Subsection C, to add a new Subparagraph 5, to allow the Chief of Police to approve split-premises special events in liquor license establishments, permitting entry by those under legal age into an alcohol-free portion of the establishment, while still allowing the service and possession of alcohol to those of legal age in a separate alcohol-permitted portion of the establishment. Individual Council Members expressed their views. Original motion withdrawn. Moved by Bailey, seconded by Wilburn, to defer to September 21 consideration of the ordinance. The Mayor declared the motion carried, 5/2, with the following division of voice vote. Ayes: Wright, Bailey, Dickens, Hayek, Wilburn. Nays: Champion, Mims. Absent: None. Moved by Champion, seconded by Wright, that ORD. 10-4405, 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 passed and adopted. Sean Enfield, Boji Taxi Service, appeared. 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. 10-391, AMENDING THE BUDGETED POSITIONS IN THE IOWA CITY PUBLIC LIBRARY. Individual Council Members expressed their views. Affirmative roll call vote unanimous,7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description September 7, 2010 Page 3 Moved by Mims, seconded by Wright, to adopt RES. 10-392, APPROVING THE PUBLIC HOUSING ASSESSMENT SYSTEM (PHAS) MANAGEMENT OPERATIONS CERTIFICATION OF THE IOWA CITY HOUSING AUTHORITY FOR FY10. Affirmative roll call vote unanimous,?/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Wright, to adopt RES.10-393, ADOPTING IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) INVESTMENT POLICIES AND RESCINDING RESOLUTION NO. 07-19. Affirmative roll call vote unanimous,?/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Dickens, to approve the appointment of Jon Swearingen as the alternate from the Universi#y of Iowa Student Government (UISG) to the City Council until May 1, 2011. UISG City Council Liaison Elliot Higgins introduced Alternate Swearingen. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously announced vacancies to Boards and Commissions: Airport Zoning 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 a asix-year term January 1, 2010 -December 31, 2015; Appeals, Board of for 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 for an unexpired term, effective upon appointment, ending December 31, 2011 for At Large. Applications must be received by 5:00 p.m., Wednesday, October 6, 2010. The Mayor noted the current vacancies: Adjustment, Board of for afive-year term January 1, 2011 -January 1, December 31, 2016; Appeals, Board of for afive-year term January 1, 2011 -December 31, 2015, for a Licensed Electrician; Human Rights Commission for three vacancies for three-year terms January 1, 2011 -January 1, 2014; Parks & Recreation Commission for two vacancies to fill four-year terms January 1, 2011 - January 1, 2015; Public Art Advisory Committee for two vacancies to fill three-year terms January 1, 2011 -January 1, 2014' Senior Center Commission for two vacancies to fill three- yearterms January 1, 2011 -December 31, 2013; Youth Advisory Commission for two vacancies for two-year terms January 1, 2011 -December 31, 2012., for City High and West High. Applications must be received by 5:00 p.m., Wednesday, October 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 Bailey reported she continues to get great comments on the Farmer's Market, and commended Recreation staff for their efforts. Complete Description September 7, 2010 Page 4 Council Member Dickens reminded everyone there was two weeks left in the Friday Night Concert Series downtown. Moved by Wilburn, seconded by Bailey, to adjourn meeting at 7:40 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk