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HomeMy WebLinkAbout2010-10-26 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. r 1 ~.®~x Iowa City #::~"'~;~~ City Council Agenda cIT o iOWAcITY Special Formal October 26, 2010 - 7:00 p.m. City Hall - Harvat Hall 410 E. Washington Street www.icgov.org ITEM 1. CALL TO ORDER. ~ c~•a~ T I/n~a~ ROLL CALL. ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS -Mark Twain Elementary a) Ricardo Corrales b) Bradley Greenlee c) Dashun Jordan ITEM 3. PROCLAMATIONS. a) Extra Mile Day -November 1, 2010 b) }Hunger and Homelessness Awareness Week - Nov 4-20, 2010 ~~~~ ~~ ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. a) Approval of Council Actions, subject to corrections, as recommended by the City Clerk. 1. October 11, Special Council Work Session 2. October 11, Special Council Formal Official and Complete 3. October 11, Special Council Formal Official and Complete b) Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). 1. Police Citizens Review Board: September 14, 2010 2. Board of Adjustment: September 8, 2010 3. Historic Preservation Commission: September 9, 2010 4. Planning and Zoning Commission: September 16, 2010 5. Senior Center Commission: July 15, 2010 6. Airport Commission: September 23, 2010 7. Airport Commission: September 16, 2010 8. Airport Commission: August 19, 2010 9. Human Rights Commission: September 21, 2010 ~~;,®,~ CITY OF IOWA CITY ~ul~~~ E~C)R M TO: Mayor, City Council, General Public FROM: City Clerk RE: October 26 Agenda -Additions 8~ R__ evision ITEM 3c Proclamation (Addition) Change Your Clock, Change Your Battery Day -November 7, 2010 Consent Calendar ITEM 4g (11) (Addition) MaryAnn Dennis: Location of Affordable Housing *~**** ITEM 6j (Addition) CONSIDER A RECOMMENDATION TO THE JOHNSON COUNTY BOARD OF ADJUSTMENT FOR APPROVAL OF A TEMPORARY CONDITIONAL USE PERMIT FORS & G MATERIALS TO ALLOW ASPHALT AND CONCRETE RECYCLING AND STORAGE AT THEIR EXISTING SAND MINING SITE LOCATED GENERALLY WEST OF THE IOWA RIVER AND EAST OF OAK CREST HILL ROAD (CU10-00001). Comment: At its October 21, 2010 meeting, by a vote of 5-0 (Freerks absent, Busard recused), the Planning and Zoning Commission recommended approval of this temporary conditional use permit, with the conditions noted in the staff memo. Staff recommended approval in a memo dated October 21, 2010. ITEM 19 (Revised) CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA PHASE 2 IMPROVEMENTS PROJECT. Comment: Bids for this project were opened on Thursday, October 21, 2010 and the following bids were received: Base Bid Alternate 1 Tricon General Construction Dubuque,lA $ 1,187,000.00 $ 5,089.00 McComas Lacina Const. Iowa City, IA $ 1,233,277.00 $ 10,000.00 Wendler Construction South Amana, IA $ 1,305,317.00 $ 21,545.00 Engineer's Estimate $ 1,330,500.00 Parks & Recreation recommend awarding the contract; including Alternate 1, to Tricon General Construction of Dubuque, Iowa in the amount of $1,192,089.00. The project will be funded with a REAP grant of $200,000 and the remainder from General Obligation bond proceeds. October 26, 2010 City of Iowa City Page 2 c) Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: 1. Class C Liquor License for HMDS, Inc., dba Grizzly's South Side Pub, 1210 Highland Ct. 2. Class C Liquor License for Old Capitol Brew Works and Public House, LLC, dba Old Capitol Brew Works and Public House, 525 S. Gilbert St. 3. Outdoor Service area for Old Capitol Brew Works and Public House, LLC, dba Old Capitol Brew Works and Public House, 525 S. Gilbert St. 4. Class C Liquor License for Jobsite, LLC, dba Jobsite, 928 Maiden Ln. 5. Class C Liquor License for Caffrey, Inc., dba DC's, 124 S. Dubuque St. 6. Class E Liquor License for Wal-Mart Stores, Inc., dba Wal-Mart Store #1721, 1001 Hwy 1 W. 7. Class C Liquor License for Christian Retirement Services, Inc., dba Oaknoll Retirement Residence, 1 Oaknoll Ct. 8. Class B Beer Permit for Pit Smokehouse, LLC, dba Pit Smokehouse, 130 N. Dubuque St. d) Motions. CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $13,168,704.67 FOR THE PERIOD OF SEPTEMBER 1 THROUGH SEPTEMBER 30, 2010, AS RECOMMENDED BY THE FINANCE DIRECTOR SUBJECT TO AUDIT. DISBURSEMENTS ARE PUBLISHED AND PERMANENTLY RETAINED IN THE CITY CLERK'S OFFICE IN ACCORDANCE WITH STATE CODE. October 26, 2010 City of Iowa City Page 3 e) i o - `t'fi3 Public Hearing. 1. CONSIDER A RESOLUTION RELATING TO THE ISSUANCE OF NOT TO EXCEED $2,400,000 IN AGGREGATE PRINCIPAL AMOUNT OF MIDWESTERN DISASTER AREA REVENUE BONDS (EPS PROPERTIES LLC PROJECT) SERIES 2010, OF THE CITY OF IOWA CITY, IOWA; AND SPECIFICALLY (1) DECLARING INTENT TO REIMBURSE EXPENDITURES FROM PROCEEDS OF SAID BONDS; (2) FIXING A DATE FOR A PUBLIC HEARING ON NOVEMBER 30, 2010 ON THE PROPOSAL TO ISSUE SAID BONDS; AND (3) DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE SAID BONDS. Comment: Under Iowa Code chapter 419, a city may issue a special limited obligation revenue bond and agree to loan the proceeds of the bond to a private business for a qualifying project. The obligation of the Issuer is limited and the obligation on the bond is not an indebtedness of the Issuer within the meaning of any debt limit, nor does it constitute or give rise to a pecuniary liability of the Issuer or become a charge against its general credit or taxing powers. By participating in a Midwestern Disaster Area bond financing, the City of Iowa City provides an opportunity for a business project to be realized at a lower cost of financing. Any expense of the City with respect to a bond financing is paid by the borrower, in this case, EPS Properties LLC. The building will be occupied by Eye Physicians and Surgeons, L.L.P. in the Northgate Corporate Park. Staff memorandum and additional correspondence included in Council packet. ic_ ~ 4y 2. CONSIDER A RESOLUTION SETTING PUBLIC HEARING FOR NOVEMBER 16, 2010, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 416 DOUGLASS COURT. Comment: The grant for the UniverCity Neighborhood Partnership Program allows the City to purchase twenty-five rental units located in designated neighborhoods surrounding the University, rehabilitate them with up to $50,000 in grant funds, and then sell them to income-eligible buyers. Under the UniverCity Neighborhood Partnership Program, the City proposes to sell 416 Douglass Court. The amount of the sale will be $84,500 (this is what the City paid to purchase the home) plus the "carrying costs," which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home. October 26, 2010 City of Iowa City Page 4 . f) Resolutions. ~~ - ~~}~ 1. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE 2010 SUMMER SIDEWALK REPAIR PROJECT. Comment: The project has been completed in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. Staff memorandum included in Council packet. ~~ - ~ ~1 b 2. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE PEDESTRIAN MALL BRICK REPAIR PROJECT. Comment: The project has been completed in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. Reference staff memorandum included with previous item. o -- ~ ~- ~ 3. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN PUBLIC IMPROVEMENTS FOR JJR DAVIS ADDITION. Comment: See Engineer's Report. i~%--- y ~} z~ 4. CONSIDER A RESOLUTION 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, HILLS, IOWA FOR PROPERTY LOCATED AT 1042 OXEN LANE, IOWA CITY, IOWA. Comment: Hills Bank and Trust Company has requested that the City approve a Subordination Agreement for property at 1042 Oxen Lane. In 2009, the owner of the property received a Mortgage from the City of Iowa City. The property has enough equity to cover the City's lien position. i~-- y ~-I `~ 5. CONSIDER A RESOLUTION 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 309 COLLEGE COURT, IOWA CITY, IOWA. Comment: University of Iowa Community Credit Union has requested that the City approve a Subordination Agreement for property at 309 College Court. In 2010, the owner of the property received a Mortgage from the City of Iowa City. The property has enough equity to cover the City's lien position. October 26, 2010 City of Iowa City Page 5 /~ - ~-F5~ 6. CONSIDER A RESOLUTION 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 1346 SHANNON DRIVE, IOWA CITY, IOWA. Comment: University of Iowa Community Credit Union has requested that the City approve a Subordination Agreement for property at 1346 Shannon Drive. In 2010, the owner of the property received a Mortgage from the City of Iowa City. The property has enough equity to cover the City's lien position. ~ ~~ - ~ ~ I 7. CONSIDER A RESOLUTION 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 424 NORTH VAN BUREN STREET, IOWA CITY, IOWA. Comment: University of Iowa Community Credit Union has requested that the City approve a Subordination Agreement for property at 424 North Van Buren Street. In 2000, the owners of the property received a Mortgage from the City of Iowa City. The property has enough equity to cover the City's lien position. ~a-- ~# ~~ 8. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA VALLEY HABITAT FOR HUMANITY, AN IOWA NONPROFIT CORPORATION FOR PROPERTY LOCATED AT 2449 ASTER, IOWA CITY, IOWA. Comment: The City provided Iowa Valley Habitat for Humanity (Habitat) funds to purchase a vacant lot at 2449 Aster Ave., and the funding is secured by a mortgage. Habitat, in turn, has built a home and sold it and also has provided a loan to the owners, which is secured by a mortgage. Before the Iowa Finance Authority will release additional funds to Habitat, the mortgage held by the City must be subordinated to Habitat's mortgage. There is sufficient value in the above-described real estate to secure the City as a second lien. f C; ~ `f S3 9. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1909 DELWOOD DRIVE, IOWA CITY, IOWA. Comment: The owner of the property located at 1909 Delwood Drive received assistance through the City of Iowa City's Housing Rehabilitation Program. The terms of the loan have been satisfied; thus the lien needs to be released. October 26, 2010 City of Iowa City Page 6 ro-~fi~'~ 10. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 923 HIGHLAND AVENUE, IOWA CITY, IOWA. Comment: The owner of the property located at 923 Highland Avenue received assistance through the City of Iowa City's General Rehabilitation and Improvement Program (GRIP). The loan has been paid off; thus the lien needs to be released. /~._ r~.~ra 11. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 619 4th AVENUE, IOWA CITY, IOWA. Comment: The owner of the property located at 619 4th Avenue received assistance through the City of Iowa City's General Rehabilitation and Improvement Program (GRIP). A loan has been paid off; thus the lien needs to be released. is _ '-} S b 12. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2458 ASTER AVENUE, IOWA CITY, IOWA. Comment: The Iowa Valley Habitat for Humanity owns the property located at 2458 Aster Avenue and received assistance though the City of Iowa City's HOME Investment Partnership Funds. The HOME assistance is secured by a mortgage on this property. Habitat is conveying this property to a family. Because the family has executed a mortgage in favor of the City to secure the HOME assistance, the City can release this particular lot. ~ o - .t ~ ~r 13. CONSIDER A RESOLUTION TO APPROVE PAYMENT OF $1,500 TO SHELTER HOUSE COMMUNITY SHELTER AND TRANSITIONAL SERVICES FROM THE AID-TO -AGENCIES CONTINGENCY FUND FOR AN UNPLANNED EXPENSE. Comment: The annual budget for the fiscal year ending June 30, 2011 for Human Services Aid-to-Agencies was adopted on March 2, 2010 totaling $425,268, of which $9,318 was placed in a contingency fund to be used for unexpected/unplanned expenses. Shelter House Community Shelter and Transition Services has requested $1,500 to help cover the cost (estimated at $7,000) of bed bug elimination at 331 North Gilbert Street and this resolution approves the allocation of $1,500. October 26, 2010 City of Iowa City Page ~ g) Correspondence. 1. Acting Traffic Engineering Planner: Installation of (2) NO PARKING ANY TIME signs on the north side of the 600 block of Whiting Avenue 2. City Engineer: Competitive Quotation Results 3. Cynthia Jewell: Taxes 4. Lonnie Bartel: Stoplight for Mormon Trek/Riverside [staff response 5. included] Libris Fidelis: 21 only controversy filled with irrationality ~ 6. Russell Haught: Olde Towne Village 7. Amber Miller: Patio dining area for The Hideaway Tavern & Grill CS~,FE r~r~ry 8. ~ Rev. Rudolph Juarez: Sanctuary City Ordinance ~~~ata3 9. Jennifer Price: Emma Goldman Clinic payment in lieu of taxes 10. Amy Correia: Juvenile Justice Youth Development Policy Board END OF CONSENT CALENDAR. -- ~~ir~,6~r7 / ITEM 5. COM UNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] a~,~`~ Community Comment will be continued, if necessary, prior to "City Council Information" item. ~~ ITEM 6. PLANNING AND ZONING MATTERS. (Items "b,d,f,h" will proceed as outlined in the City Attorney's memo of 2/28/07 entitled "Rezonings, Due process and Ex parte communications.") a) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR NOVEMBER 30 ON A RESOLUTION FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 1.85 ACRES OF PROPERTY LOCATED AT 4764 420T" ST SE, JOHNSON COUNTY (ANN10-00004) Comment: At its October 7 meeting, by a vote of 6-0 (Payne absent), the Planning and Zoning Commission recommended approval of the proposed annexation. Staff recommended approval in a report dated October 7, 2010. Annexation of this property will allow the property to be incorporated into the City of Iowa City for future industrial development. Action: %'i. a ,6 s ~k ~! r®~ CITY OF 14WA CITY ~III~~~ ~E~C~R ~~ TO: Mayor, City Council, General Public FROM: City Clerk RE: October 26 Agenda -Additions 8~ Revision ITEM 3c Proclamation (Addition) Change Your Clock, Change Your Battery Day -November 7, 2010 Consent Calendar ITEM 4g (11) (Addition) MaryAnn Dennis: Location of Affordable Housing ITEM 6j (Addition) CONSIDER A RECOMMENDATION TO THE JOHNSON COUNTY BOARD OF ADJUSTMENT FOR APPROVAL OF A TEMPORARY CONDITIONAL USE PERMIT FOR S 8~ G MATERIALS TO ALLOW ASPHALT AND CONCRETE RECYCLING AND STORAGE AT THEIR EXISTING SAND MINING SITE LOCATED GENERALLY WEST OF THE IOWA RIVER AND EAST OF OAK CREST HILL ROAD (CU10-00001). Comment: At its October 21, 2010 meeting, by a vote of 5-0 (Freerks absent, Busard recused), the Planning and Zoning Commission recommended approval of this temporary conditional use permit, with the conditions noted in the staff memo. Staff recommended approval in a memo dated October 21, 2010. ITEM 19 (Revised) CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA PHASE 2 IMPROVEMENTS PROJECT. Comment: Bids for this project were opened on Thursday, October 21, 2010 and the following bids were received: Base Bid Alternate 1 Tricon General Construction Dubuque,lA $ 1,187,000.00 $ 5,089.00 McComas Lacina Const. Iowa City, IA $ 1,233,277.00 $ 10,000.00 Wendler Construction South Amana, IA $ 1,305,317.00 $ 21,545.00 Engineer's Estimate $ 1,330,500.00 Parks & Recreation recommend awarding the contract, including Alternate 1, to Tricon General Construction of Dubuque, Iowa in the amount of $1,192,089.00. The project will be funded with a REAP grant of $200,000 and the remainder from General Obligation bond proceeds. October 26, 2010 City of Iowa City Page 8 b) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR NOVEMBER 30 ON AN ORDINANCE REZONING APPROXIMATELY 1.85 ACRES OF LAND LOCATED AT 4764 420th STREET SE FROM COUNTY HEAVY INDUSTRIAL (MH) TO GENERAL INDUSTRIAL(I-1 ). (REZ10-00012) Comment: At its October 7 meeting, by a vote of 6-0 (Payne absent), the Planning and Zoning Commission recommended approval of the proposed rezoning. Staff recommended approval in a report dated October 7, 2010. The proposed rezoning will allow the property to be developed for industrial uses. Action: ~% ~6~~~ /~~~, ~ ~~s / ~° r 6crK.. ~1,~s~a'T~ c) FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 207 ACRES OF PROPERTY LOCATED EAST OF IOWA RIVER, SOUTH OF MCCOLLISTER BOULEVARD, AND WEST OF SAND ROAD SE. (ANN10-00003) Comment: At its October 7 meeting, by a vote of 6-0 (Payne absent), the Planning and Zoning Commission recommended approval of the proposed annexation. Staff recommended approval in a report dated October 7, 2010. The land proposed for annexation is the Sand Lake area to be developed as a public park-the Terry Trueblood Recreation Area. Staff report included in Council packet. 1. PUBLIC HEARING Action: ~~ GX'f~ ~ - /U _ ¢~,~ 2. CONSIDER A RESOLUTION Action: ~~~6urn a ~ S'eK October 26, 2010 City of Iowa City Page d) REZONING APPROXIMATELY 207 ACRES OF LAND LOCATED EAST OF IOWA RIVER, SOUTH OF MCCOLLISTER BOULEVARD, AND WEST OF SAND ROAD FROM COUNTY AGRICULTURAL RESIDENTIAL (AR) TO NEIGHBORHOOD PUBLIC (P-1 ). (REZ10-00010) Comment: At its October 7 meeting, by a vote of 6-0 (Payne absent), the Planning and Zoning Commission recommended approval of the proposed rezoning. Staff recommended approval in a report dated October 7, 2010. The land proposed for rezoning is the Sand Lake area to be developed as a public park-the Terry Trueblood Recreation Area. Please see staff report included with previous item. 1. PUBLIC HEARING Action: d ~~ c~-tc 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: e) 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. Comment: At its September 2 meeting, by a vote of 5-1 (Payne voting no, Koppes absent), the Planning and Zoning Commission recommended approval of these amendments. Staff recommended approval in a memorandum dated June 14. Council continued the public hearing to the October 26 meeting to provide time for the Iowa Department of Natural Resources (DNR) to comment on the proposed amendments. Since Council's last meeting, Staff have received comments from the DNR and have incorporated several minor changes into the proposed ordinance amendments. The revised ordinance and a staff memo explaining these minor changes are included in the packet. PUBLIC HEARING (CONTINUED FROM 10/11) Action: 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)(DEFERRED FROM 10/11) Action: 9` s ' ~ ~s~~~ ~'~ iii ~6~~~ I~/ October 26, 2010 City of Iowa City Page 10 f) CONSIDER AN ORDINANCE REZONING 175-ACRES OF LAND LOCATED ~D --yy o 8 ON 420TH STREET WEST OF TAFT AVENUE FROM GENERAL INDUSTRIAL (11) AND INTERIM DEVELOPMENT -INDUSTRIAL (ID-I) TO PLANNED DEVELOPMENT OVERLAY -GENERAL INDUSTRIAL (OPD-11 ). (REZ10-00007/SUB10-00004) (SECOND CONSIDERATION) Comment: At its September 2 meeting, by a vote of 6-0 (Koppes absent), the Planning and Zoning Commission recommended approval of this rezoning. Staff recommended approval in a report dated August 5. Approval will allow this property to be developed with the Iowa City Industrial Campus, a 9-lot, 175- acre industrial subdivision located along 420th Street, west of Taft Avenue. Staff recommends expedited action. w~ - ~ Action: B k isw ~ ~i~~u rya` 5~~~ ;;~ _ ,.~Sq g) CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE IOWA CITY INDUSTRIAL CAMPUS, IOWA CITY, IOWA (SU610-00004). Comment: At its September 2 meeting, by a vote of 6-0 (Koppes absent), the Planning and Zoning Commission recommended approval. Staff recommended approval in a report dated August 5 and a memo dated August 27, 2010. Approval will allow development of a 9-lot, 175-acre industrial subdivision located along 420th Street, west of Taft Avenue. Action: -r e r` l~il6 ur / October 26, 2010 City of Iowa City Page 11 h) CONSIDER AN ORDINANCE CONDITIONALLY REZONING ~~ ~ ~~aq 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. (REZ10-00004) (SECOND CONSIDERATION) Comment: At its April 15 meeting, by a vote of 6-0 (Koppes absent), the Planning and Zoning Commission recommended approval of this rezoning for Moss Green Urban Village. Staff recommended approval in reports dated April 1 and 9. Approval will allow this property to be developed with a mix of office, residential and research development uses. The City Council held a public hearing on this matter on May 10, 2010. (The staff report and associated memos were included in the May 10 agenda packet). Subsequent to this hearing, but before adoption of the proposed rezoning, additional wetlands were identified on the site, so the item was deferred indefinitely by the City Council pending appropriate revisions to the sensitive areas development plan, preliminary planned development plan and plat. The applicant has made substantive revisions and has submitted the new plans and plat for review and approval. Staff recommended approval of these revisions in a memo dated September 10, 2010. At its September 16 meeting, by a vote of 6-0 (Eastham absent), the Planning and Zoning Commission recommended approval. Applicant requests expedited action. . Action: P .!/~G ~~G ®4~l// ~ ~~ ~°/ ~~ /~-JC O rr< !~i ab5ek`~ (p.- ,~.~- ~ ~ i) CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF MOSS GREEN URBAN VILLAGE, IOWA CITY, IOWA. (SUB10-00005) Comment: At its September 16 meeting, by a vote of 6-0 (Eastham absent), the Planning and Zoning Commission recommended approval of the plat. Staff recommended approval in a memo dated September 10, 2010. Approval will allow development of a 18-lot subdivision, with 6 outlots, one of which will be used for wetland mitigation, and 12 building lots for office research park and mixed use development. Action: G~i /burn a 6 s~n`~` r ~.!h®,~,~ CITY OF IOWA CITY ~~~ ANDUM NIE~aR ~~ TO: Mayor, City Council, General Public FROM: City Clerk RE: October 26 Agenda -Additions & Revision ITEM 3c Proclamation (Addition) Change Your Clock, Change Your Battery Day -November 7, 2010 Consent Calendar ITEM 4g (11) (Addition) MaryAnn Dennis: Location of Affordable Housing ITEM 6j (Addition) CONSIDER A RECOMMENDATION TO THE JOHNSON COUNTY BOARD~QF ADJUSTMENT FOR APPROVAL OF A TEMPORARY CONDITIONAL USE PERMIT FORS G MATERIALS TO ALLOW ASPHALT AND CONCRETE RECYCLING AND STORAGE AT THEIR EXISTING SAND MINING SITE LOCATED GENERALLY WEST OF THE IOWA RIVER AND EAST OF OAK CREST HILL ROAD (CU10-00001). Comment: At its October 21, 2010 meeting, by a vote of 5-0 (Freerks absent, Busard recused), the Planning and Zoning Commission recommended approval of this temporary conditional use permit, with the conditions noted in the staff memo. Staff recommended approval in a memo dated October 21, 2010. ~i r-1.5 ~/c ~J~ /O ~C ~~~~~crn 2b s~7~ ITEM 19 (Revised) CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA PHASE 21MPROVEMENTS PROJECT. Comment: Bids for this project were opened on Thursday, October 21, 2010 and the following bids were received: Base Bid Alternate 1 Tricon General Construction Dubuque,lA $ 1,187,000.00 $ 5,089.00 McComas Lacina Const. Iowa City, IA $ 1,233,277.00 $ 10,000.00 Wendler Construction South Amana, IA $ 1,305,317.00 $ 21,545.00 Engineer's Estimate $ 1,330,500.00 Parks & Recreation recommend awarding the contract, including Alternate 1, to Tricon General Construction of Dubuque, Iowa in the amount of $1,192,089.00. The project will be funded with a REAP grant of $200,000 and the remainder from General Obligation bond proceeds. October 26, 2010 City of Iowa City Page 12 ITEM 7. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY ID - bbl CLERK TO ATTEST AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN MOSS GREEN DEVELOPMENT CORPORATION AND THE CITY OF IOWA CITY FOR THE DEVELOPMENT OF MOSS GREEN URBAN VILLAGE Comment: By Resolution No. 10-137, adopted on April 27, 2010, the City Council approved and adopted an urban renewal plan for the area designated as the "Moss Green Urban Village Urban Renewal Plan Area"; with stated objectives including the revitalization and development of an economic development area in the City of Iowa City. The City has received a proposal from Moss Green Development Corporation (the Developer), in -the form of a proposed Agreement for Private Redevelopment (the "Agreement") by and between the City and the Developer, pursuant to which, among other things, the Developer would agree to construct certain Minimum Improvements on certain real property located within the Moss Green Urban Village Urban Renewal Area , and upon completion of said Minimum Improvements, the Developer will be eligible for Economic Development Grants. The Agreement further proposes that the City provide up to twenty (20) consecutive annual Economic Development Grant payments, the total, aggregate amount not to exceed the lesser of $15.3 million, fifty percent (50%) per fiscal year of the Tax Increments collected by the City on the Development Property or the actual evidenced costs of said minimum improvements, with said grants to commence no later than June 1, 2015 and end on June 1, 2034, under the terms and following satisfaction of the conditions set forth in the Agreement. This Resolution finds said Development Agreement to be in the public interest and authorizes and directs the Mayor and City Clerk to execute and record same. Staff memorandum included in Council packet. Action: ITEM 8. AUTHORIZING THE CONVEYANCE OF A UTILITY EASEMENT TO TVfI[ ENERGY ACROSS THE WEST 10' OF THE VACATED BELDON AVENUE. ~~~ ~~q7%r a~S~°i[~ ERICAN Comment: MidAmerican Energy has asked for an underground utility easement across the west 10' of the vacated Beldon Avenue, between Oakridge Avenue and Willis Drive. MidAm has offered to pay $1,000 for this easement. a) PUBLIC HEARING Action: tb~' ~{ b~ b) CONSIDER A RESOLUTION Action: 9~ ~!//~IJLC~ 6~ ~t6s~-•~ October 26, 2010 City of Iowa City Page 13 ITEM 9. RENEWAL OF A CLASS E LIQUOR LICENSE FOR SAUCE, INC. DBA SAUCE, 108 E. COLLEGE STREET. Comment: In accordance with City Code sections 4-2-3 and 4-2-4 staff is recommending the denial of the renewal application for the above mentioned establishment for reasons identified in the memorandum from the Police Department. The memo from the Police Chief providing information on the violations and recommendation for denial is included in the Council Packet along with copies of correspondence sent to the applicant /owner from the City Clerk's office. a) HEARING(CONTINUED FROM 10/11) Action: b) CONSIDER A MOTION TO DENY IN ACCORDANCE WITH STAFF RECOMMENDATION (D/EFERRED FROM 10/11) J Action: ~ ~ X~S~ ~~ ~/,C~~-c:' ~~/~, Gvi/ u/'/L ~ ~s~~c't~ ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY," CHAPTER 10, ENTITLED "SMOKE FREE PLACES," TO CHANGE ID - ~.'~ I o _ THE VIOLATION FROM A MUNICIPAL INFRACTION TO A SIMPLE MISDEMEANOR. (SECOND CONSIDERATION) Comment: Smoking is currently prohibited in specific areas, such as City Plaza, aka the ped mall, park areas, and the Farmers Market. The ordinance currently provides that a violation is a municipal infraction. The Police Department has issued these citations but would prefer to make the violation a simple misdemeanor. The impetus to change from a civil to a criminal penalty is a practical one. Municipal citations require the police to carry different forms with them and require the City to prepay the $85.00 filing fee. With simple misdemeanors the forms are the same as used for PAULAs and non-traffic tickets and the $60.00 filing fee does not need to be prepaid. This ordinance makes the penalty a scheduled $50.00 fine which is the same as the civil penalty provided in the state code. Staff recommends expedited action. Action: ~~ ~a a6s~a~ October 26, 2010 City of Iowa City Page 14 ITEM 11. CONSIDER AN ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS «- `f~'/ 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. (SECOND CONSIDERATION) Comment: Allows for the chief of police to approve special events whereby the premises is split into alcohol-free and alcohol-permitted portions of the establishment. The ordinance was amended to include a provision to allow for automatic repealing of the ordinance if the 21 ordinance is repealed on November 2. Staff recommends expedited action. Action: i ~k-S ~ ~ ~Q ~ r ~ ~ O „~ ~` 100 G i.5 -/ ITEM 12. CONSIDER AN ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, ,~~ - ~y~~. CHAPTER 1, DEFINITIONS, SECTION 1, DEFINITIONS, TO ADD DEFINITIONS FOR THE TERMS "PERFORMER", "PROFESSIONAL LIGHT AND SOUND", AND "SHOW", 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 7, 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 6, TO ALLOW THE CHIEF OF POLICE TO CONSIDER APPLICATIONS FOR ENTERTAINMENT VENUE STATUS AND ISSUE ENTERTAINMENT VENUE EXCEPTION CERTIFICATES. (SECOND CONSIDERATION) Comment: Allows for the chief of police, or designee, to approve or deny applications for "entertainment venue" status, based on criteria established by ordinance. The ordinance was amended to include a provision to allow for automatic repealing of the ordinance if the 21 ordinance is repealed on November 2. Staff recommends expedited action. Action: SeG G,C9~"~r/ als« y October 26, 2010 City of Iowa City Page 15 ITEM 13. CONSIDER A RESOLUTION APPROVING THE PROFESSIONAL LIGHT AND Ib ~ ~~ 3 SOUND SPECIFICATION SHEET FOR ENTERTAINMENT VENUES. Comment: As part of the new Entertainment Venue ordinance, Council must approve a specification sheet for Professional Light and Sound. Entertainment Venues must meet the minimum specifications for Professional Light and Sound as defined on the Professional Light and Sound Specification Sheet. Action: ITEM 14. CONSIDER A RESOLUTION APPROVING PAULA RATIO STANDARDS FOR ~~ .._ ~.~ ,~ ENTERTAINMENT VENUES. Comment: As part of the new Entertainment Venue ordinance, Council must approve a PAULA ratio standard which must be met by all Entertainment Venues. Initially, the standard will be set for .50 for the trailing twelve months, based on at least 10 bar checks. Action: ~SE'k T ~~ ~rK r Q ~i/6u ~ a6sP~ ~ ITEM 15. CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE r`t`e- ~-Fb5 ACCOUNTING DIVISION OF THE FINANCE DEPARTMENT AND THE AFSCME PAY PLAN BY ADDING ONE FULL-TIME GRANT ACCOUNTANT POSITION (AFSCME GRADE 13). Comment: This resolution recommends the addition of a full-time Grant Accountant position in the Accounting Division. This position will accommodate the increased work load due to the additional financial reporting requirements that are associated with the multiple grants the City has been awarded through ARRA and I-JOBS stimulus funding, flood related CDBG funds, as well as Economic Development assistance. Staff memorandum included in Council packet. Action: ITEM 16. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY i.p - ~ b b CLERK TO ATTEST THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE FIRST AVENUE GRADE SEPARATION PROJECT [STP-U -3715(636)--70-52]. Comment: This agreement is for the Iowa Department of Transportation Surface Transportation Program. This allows for the reimbursement of a maximum of either 80% of eligible project costs or $2,424,000, whichever is less. Action: ,~ ~o ~ji/6urn Q ~/s.tir~ October 26, 2010 City of Iowa City Page 16 ITEM 17. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY ~n_ :.~-~, 7 CLERK TO ATTEST THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT [STP-U-3715(637)--70-52]. Comment: This project will reconstruct Lower Muscatine Road from Kirkwood Avenue to First Avenue and includes the installation of new pavement, intersection signalization at Sycamore Street, sanitary sewer repairs, storm sewer, water main and sidewalk. The agreement provides for Iowa DOT Surface Transportation Program (STP) funding of $1.72 million, with a total estimated construction cost of $6.15 million. The City's local share will be funded with a combination of General Obligation bond and Road Use tax proceeds, water and wastewater user fees, and TIF funding. Action: ~a/~~l ~ /%~ ITEM 18. CONSIDER A RESOLUTION AUTHORIZING THE Ir ~- ~- bg INTERESTS NECESSARY FOR CONSTRUCTION ROAD RECONSTRUCTION PROJECT. -~ ;~ s ~/ ~i%6 u rn a sei~ ACQUISITION OF PROPERTY OF THE LOWER MUSCATINE Comment: The City of Iowa City must acquire right-of-way, fee title, permanent easements and/or temporary construction easements to construct the Lower Muscatine Road Reconstruction Project. This project will reconstruct Lower Muscatine Road from Kirkwood Avenue to First Avenue and includes the installation of new pavement, intersection signalization at Sycamore Street, sanitary sewer repairs, storm sewer, water main and sidewalk. Action: `vh.S fl !~~/~ur~~ ~t s~~ ITEM 19. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA PHASE TWO IMPROVEMENTS PROJECT. ~, Comment: ~ Bids for this oject will b opened on Thursday, October 21, 2010. ~° Parks & Recre ion will review a bids and a recommendation' ill be made to Council ~ ~~~ at their work ses 'on on Monda ,October 25, 010. The estim ed construction cost `~~ is $1,330,500 and ill be funded ~th a REAP rant of $200,00 and the remainder from General Obligati \ d procee Action: r ^~l~®r~ir~ CITY OF IOWA CITY ~'~`~ '~~~ N D U M E~ORA TO: Mayor, City Council, General Public FROM: City Clerk RE: October 26 Agenda -Additions 8~ Revision ITEM 3c Proclamation (Addition) Change Your Clock, Change Your Battery Day -November 7, 2010 Consent Calendar ITEM 4g (11) (Addition) MaryAnn Dennis: Location of Affordable Housing ****** ITEM 6j (Addition) CONSIDER A RECOMMENDATION TO THE JOHNSON COUNTY BOARD OF ADJUSTMENT FOR APPROVAL OF A TEMPORARY CONDITIONAL USE PERMIT FOR S 8~ G MATERIALS TO ALLOW ASPHALT AND CONCRETE RECYCLING AND STORAGE AT THEIR EXISTING SAND MINING SITE LOCATED GENERALLY WEST OF THE IOWA RIVER AND EAST OF OAK CREST HILL ROAD (CU10-00001). Comment: At its October 21, 2010 meeting, by a vote of 5-0 (Freerks absent, Busard recused), the Planning and Zoning Commission recommended approval of this temporary conditional use permit, with the conditions noted in the staff memo. Staff recommended approval in a memo dated October 21, 2010. ----~ ITEM 19 (Revised) CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA PHASE 2 IMPROVEMENTS PROJECT. Comment: Bids for this project were opened on Thursday, October 21, 2010 and the following hills were received: Tricon General Construction Dubuque,lA McComas Lacina Const. Iowa City, IA Wendler Construction South Amana, IA Engineer's Estimate Base Bid Alternate 1 $ 1,187,000.00 $ 5,089.00 $ 1,233,277.00 $ 10,000.00 $ 1,305,317.00 $ 21,545.00 $ 1,330,500.00 Parks & Recreation recommend awarding the contract, including Alternate 1, to Tricon General Construction of Dubuque, Iowa in the amount of $1,192,089.00. The project will be funded with a REAP grant of $200,000 and the remainder from General Obligation bond proceeds. e X ~-a~ 6~ ~~urv~ 2p5en~ October 26, 2010 City of Iowa City Page 17 ITEM 20. CONSIDER A RESOLUTION RATIFYING SETTLEMENT OF PENDING LITIGATION IG' '~ lo~ Comment: Depending on discussion during executive session scheduled for the Special Council Meeting of October 25, 2010, the City Council may pass a Resolution Authorizing Settlement in Pending Litigation. Ba;l ~f Action: ~ ~~~ /~/ ~/~urs~ a S<s~ ITEM 21. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa C~and be 18 years of age unless specific qualifications are stated. -~'"~ .... ~~~ ~~- ~ 1 a ~^,G~ ,~~, a) Adjustment, Board of -One vacancy to fill afive-year term January 1, 2011 - January 1, 2016. (Term expires for Le Ann Tyson) b) Appeals, Board of -One vacancy to fill afive-year term January 1, 2011 - December 31, 2015, for a Licensed Electrician. (Term expires for Matt Neumiller) d c) Human Rights Commission -Three vacancies to fill three-year terms January 1, 2011 -January 1, 2014. (Term expired for Corey Stoglin, Yolanda Spears, d) Parks & Recreation Com~'hission January 1, 2011 -January 1, 2015 Gustaveson) . • Two vacancies to fill four-year terms (Term expires for David Bourgeois, Craig e) Public Art Advisory Committee -Two vacancies to fill three-year terms January 1, 2011 -January 1, 2014. (Term expires for Annadora Khan, Jan Finlayson) f) Senior Center Commission -Two vacancies to fill three-year terms January 1, 2011 -December 31, 20,13. (Term expires for Michael Lensing, Jay Honohan) g) Youth Advisory Commission -Two vacancies to fill two-year terms January 1, 2011 -December 31, 2012. (Term expires for Luan Heywood, Zach Wahls) One (1) person -City High One (1) person -West High October 26, 2010 City of Iowa City Page 18 ITEM 22. ANNOUNCEMENT OF VACANCIES. 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.] Previous: a) Airport Commission -One vacancy to fill an unexpired term, effective upon appointment, ending March 1, 2013. (Greg Farris resigned) b) Airport Zoninq Brd of Adiustment -One vacancy to fill an unexpired term, effective upon appointment, plus afive-year term January 1, 2007 -December 31, 2011. (Carl Williams resigned). c) Airport Zoninq Brd of Adiustment -One vacancy to fill afive-year term January 1, 2009 -December 31, 2013. (Term expires for Dennis Keitel). d) Airport Zoning Commission -One vacancy to fill asix-year term January 1, 2006 -December 31, 2011. (Term expires for Mark Anderson). e) Airport Zoninq Commission -One vacancy to fill asix-year term January 1, 2010 -December 31, 2015. (Term expires for Brian Sponcil) f) Appeals. Board of -One vacancy to fill afive-year term January 1, 2009 - December 31, 2013, for a Mechanical Professional. (Term expires for Tim Fehr). g) Police Citizens Review Board -One vacancy to fill an unexpired term, effective upon appointment, ending September 1, 2012. (Angelina Blanchard-Manning resigned) , h) Telecommunications Commission -One vacancy to fill an unexpired term, effective upon appointment, ending March 13, 2011. (Robert Kemp resigned) i) Youth Advisory Commission -One vacancy to fill an unexpired term, effective upon appointment, ending December 31, 2011. (Gary Black resigned) One (1) person - At Large j) Youth Advisory Commission -One vacancy to fill atwo-year term January 1, 2009 -December 31, 2010 One (1) person -Tate High APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, NOVEMBER 3, 2010. k) Youth Advisory Commission -One vacancy to fill atwo-year term January 1, 2011 -December 31, 2012 One (1) person -Tate High APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, DECEMBER 1, 2010. October 26, 2010 City of Iowa City Page 19 ITEM 23. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). ITEM 24. CITY COUNCIL INFORMATION. ITEM 25. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. - O ' b) City Attorney. _ p c) City Clerk. , p ~ ITEM 26. ADJOURNMENT /~'l ~ ~-5 ~~~~ ' ~~