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HomeMy WebLinkAbout2010-10-26 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 OCTOBER 26, 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, Wright. Absent: Wilburn. Staff members present: Helling, Fosse, Dilkes, Karr, Davidson, B. Smith, Tallman. The Mayor presented Outstanding Student Citizenship Awards to Mark Twain Elementary students: Ricardo Corrales, Bradley Greenlee, Dashun Jordan. The Mayor proclaimed Extra Mile Day -November 1, 2010; Hunger and Homelessness Awareness Week -November 14-20, 2010, Libris Fidelis accepting; Change Your Clock, Change Your Battery Day -November 7, 2010, Fire Lieutenant Branden Smith accepting. Moved by Champion, seconded by Dickens, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: October 11, Special Council Work Session; October 11, Special Council Formal Official and Complete; October 11, 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): Police Citizens Review Board -September 14, 2010; Board of Adjustment -September 8, 2010; Historic Preservation Commission -September 9, 2010; Planning and Zoning Commission -September 16, 2010; Senior Center Commission -July 15, 2010; Airport Commission -September 23, 2010; Airport Commission -September 16, 2010; Airport Commission -August 19, 2010; Human Rights Commission -September 21, 2010; Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for HMDS, Inc., dba Grizzly's South Side Pub, 1210 Highland Ct.; 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.; Outdoor Service area for Old Capitol Brew Works and Public House, LLC, dba Old Capitol Brew Works and Public House, 525 S. Gilbert St.; Class C Liquor License for Jobsite, LLC, dba Jobsite, 928 Maiden Ln.; Class C Liquor License for Caffrey, Inc., dba DC's, 124 S. Dubuque St.; Class E Liquor License for Wal-Mart Stores, Inc., dba Wal-Mart Store #1721, 1001 Hwy 1 W.; Class C Liquor License for Christian Retirement Services, Inc., dba Oaknoll Retirement Residence, 1 Oaknoll Ct.; Class B Beer Permit for Pit Smokehouse, LLC, dba Pit Smokehouse, 130 N. Dubuque St. Motions. 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. Public Hearing: RES. 10-443, 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; Complete Description October 26, 2010 Page 2 (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; RES. 10-444, SETTING PUBLIC HEARING FOR NOVEMBER 16, 2010, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 416 DOUGLASS COURT. Resolutions: RES. 10-445, ACCEPTING THE WORK FOR THE 2010 SUMMER SIDEWALK REPAIR PROJECT; RES. 10-446, ACCEPTING THE WORK FOR THE PEDESTRIAN MALL BRICK REPAIR PROJECT; RES. 10-447, ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN PUBLIC IMPROVEMENTS FOR JJR DAVIS ADDITION; RES. 10-448, 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; RES. 10-449, 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; RES. 10-450, 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; RES. 10-451, 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; RES. 10-452, 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; RES. 10-453, 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; RES. 10-454, 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; RES. 10-455, 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; RES. 10-456, 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; RES. 10- 457, 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. Complete Description October 26, 2010 Page 3 Correspondence: Acting Traffic Engineering Planner regarding Installation of (2) NO PARKING ANY TIME signs on the north side of the 600 block of Whiting Avenue; City Engineer regarding Competitive Quotation Results; Cynthia Jewell regarding Taxes; Lonnie Bartel regarding Stoplight for Mormon Trek/Riverside [staff response included]; Libris Fidelis regarding 21 only controversy filled with irrationality (2); Russell Haught regarding Olde Towne Village; Amber Miller regarding Patio dining area for The Hideaway Tavern & Grill [Staff response included]; Rev. Rudolph Juarez regarding Sanctuary City Ordinance; Jennifer Price regarding Emma Goldman Clinic payment in lieu of taxes; Amy Correia regarding Juvenile Justice Youth Development Policy Board; Mary Ann Dennis regarding Location of Affordable Housing. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the motion carried. Moved by Champion, seconded by Wright, to set a public hearing for November 30 on a resolution for a voluntary annexation of approximately 1.85 acres of property located at 4764 420th St SE, Johnson County (ANN10-00004). The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. Moved by Champion, seconded by Mims, to set a public hearing for November 30 on an ordinance rezoning approxto General5ndustrial(I 1) (REZ10-00012) Th0ehMayor declared County Heavy Industrial (MH) the motion carried unanimously, 6/0, Wilburn absent. A public hearing was held on a resolution 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 Terry Trueblood Recreation Area); and a public hearing was held on an ordinance 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). The Mayor asked Council Members to discuss any ex parte communications, and none were reported. PCD Director Davidson present for discussion. Moved by Wright, seconded by Mims, to adopt RES. 10-458, VOLUNTARY ANNEXATION OF APPROXIMATELY 207 ACRES OF PROPERTY LOCATED EAST OF IOWA RIVER, SOUTH OF MCCOLLISTER BOULEVARD, AND WEST OF SAND ROAD (ANN10-00003). Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Moved by Champion, seconded by Dickens, that the ordinance 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), be given first vote (REZ10-00010). Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the motion carried. A public hearing was held 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. Development Regulation Specialist Tallman present. Moved by Mims, seconded by Champion, to accept correspondence from Jason Cohn. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. Complete Description October 26, 2010 Page 4 * REVISED 11/12/10 Moved by Bailey, seconded by Wright, that the 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, be given first vote. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the motion carried. Moved by Bailey, seconded by Champion, that the that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 10-4408, REZONING 175 ACRES OF LAND LOCATED ON 420T" 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), be voted on for final passage at this time. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the motion carried. Moved by Bailey, seconded by Wright, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the ordinance adopted. Moved by Bailey, seconded by Mims, to adopt RES. 10-459, APPROVING THE PRELIMINARY PLAT OF THE IOWA CITY INDUSTRIAL CAMPUS, IOWA CITY, IOWA. PCD Director Davidson present for discussion. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Moved by Wright, seconded by Dickens, 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. 10-4409, 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 (REZ10-00004), be voted on for final passage at this time. The Mayor asked Council Members to discuss any ex parte communications, and none were reported. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the motion carried. Moved by Wright, seconded by Mims, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Mims, to adopt RES. 10-460, APPROVING THE PRELIMINARY PLAT OF MOSS GREEN URBAN VILLAGE, IOWA CITY, IOWA. PCD Director Davidson present for discussion. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Moved by Mims seconded by Dickens, to recommend to the Johnson County Board of Adjustment approval of a temporary conditional use permit for S & G Materials to allow asphalt and concrete recycling and storage at their existing sand mining site located Complete Description October 26, 2010 Page 4 Moved by Bailey, seconded by Wright, that the 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, be given first vote. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the otion carried. Moved by alley, seconded by Champion, that the t at the rule requiring ordinances to be considered an oted on for final passage at two Coun it meetings prior to the meeting at which it is to be fina passed be suspended, the second onsideration and vote be waived, and that ORD. 10-44 ,REZONING 175 ACRES OF LA D LOCATED ON 420T" STREET WEST OF TAFT AVEN E FROM GENERAL INDUST AL (11) AND INTERIM DEVELOPMENT - INDU TRIAL (ID-I) TO PLANNED EVELOPMENT OVERLAY - GENERAL INDUSTRIAL ( D-11) (REZ10-00007), b voted on for final passage at this time. Affirmative roll call vote unan ous, 6/0, Wilburn abs nt. The Mayor declared the motion carried. Moved by Bailey, sec ded by Wright, that he ordinance be finally adopted at this time. Affirmative roll call vote un nimous, 6/0, Wil rn absent. The Mayor declared the ordinance adopted. Moved by Bailey, seconded Mims, to a opt RES. 10-459, APPROVING THE PRELIMINARY PLAT OF THE IOWA ITY IND STRIAE CAMPUS, IOWA CITY, IOWA. PCD Director Davidson present for dis ssion. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared th reso tion adopted. Moved by Wright, seconded by Dic ,that the rule requiring ordinances to be considered and voted on for final passage a two Council meetings prior to the meeting at which it is to be finally passed be suspend he second consideration and vote be waived, and that ORD. 10-4409, CONDITIONALL R ONING APPROXIMATELY 60.32 ACRES OF LAND FROM INTERIM DEVELOPM NT-R EARCH PARK (ID-RP), TO OVERLAY PLANNED DEVELOPMENT -OFFICE SEARC PARK (OPD-ORP); AND APPROXIMATELY 56.48 ACRES OF ND FRO NTERIM DEVELOPMENT-RESEARCH PARK (ID-RP) TO OVERLAY PLANN D DEVELOP ENT-RESEARCH DEVELOPMENT PARK (OPD-RDP); AND APPROXI ATELY 24.49 AC ES OF LAND FROM INTERIM DEVELOPMENT-RESEARCH PA (ID-RP) TO OVE Y PLANNED DEVELOPMENT- MIXED USE (OPD-MU) FOR PRO ERTY LOCATED NO THWEST OF THE INTERCHANGE OF STATE HIG WAY 1 WITH INTERST E 80. (REZ10-00004) (SECOND CONSIDERATION) voted on for final passage t this time. The Mayor asked Council Members to discuss a ex parte communications, an none were reported. Affirmative roll call vote unani ous, 6/0, Wilburn absent. The yor declared the motion carried. Moved by Wright, s onded by Mims, that the ordinance a finally adopted at this time. Affirmative roll call vo unanimous, 6/0, Wilburn absent. Th Mayor declared the ordinance adopted. Moved by Champi n, seconded by Mims, to adopt RES. 10-46 APPROVING THE PRELIMINARY PLATO MOSS GREEN URBAN VILLAGE, IOWA CIT ,IOWA. PCD Director Davidson pres nt for discussion. Affirmative roll call vote unanim us, 6/0, Wilburn absent. The Mayor d Glared the resolution adopted. y Moved by Mi seconded by Dickens, to recommend to the Johnson County Board of Adjustment approv of a temporary conditional use permit for S & G Materials to allow asphalt and concr a recycling and storage at their existing sand mining site located Complete Description October 26, 2010 Page 5 generally west. PCD Director Davidson present for discussion. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. Moved by Bailey, seconded by Dickens, to adopt RES. 10-461, AUTHORIZING THE MAYOR TO SIGN AND THE CITY 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. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. A public hearing was held on a resolution authorizing the conveyance of a utility easement to MidAmerican Energy across the west 10' of the vacated Beldon Avenue. No one appeared. Moved by Wright, seconded by Mims, to adopt RES. 10-462, AUTHORIZING THE CONVEYANCE OF A UTILITY EASEMENT TO MIDAMERICAN ENERGY ACROSS THE WEST 10' OF THE VACATED BELDON AVENUE. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Moved by Champion, seconded by Wright, to defer indefinitely a hearing and motion to deny in accordance with staff recommendation a Class E Liquor License for Sauce, Inc. dba Sauce, 108 E. College Street. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. 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. 10-4410, AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY," CHAPTER 10, ENTITLED "SMOKE FREE PLACES," TO CHANGE THE VIOLATION FROM A MUNICIPAL INFRACTION TO A SIMPLE MISDEMEANOR, be voted on for final passage at this time. Affirmative roll call vote unanimous, 6/0, Wilburn absent. 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, 6/0, Wilburn absent. The Mayor declared the ordinance adopted. Moved by Wright, seconded by Mims, 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. 10-4411, 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 voted on for final passage at this time. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the motion carried. Complete Description October 26, 2010 Page 6 Moved by Wright, seconded by Dickens, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the ordinance adopted. Moved by Bailey ,seconded by Dickens, 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. 10-4412, AMENDING TITLE 4, ALCOHOLIC BEVERAGES, 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, be voted on for final passage at this time. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the motion carried. Moved by Bailey, seconded by Mims, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Mims, to adopt RES. 10-463, APPROVING THE PROFESSIONAL LIGHT AND SOUND SPECIFICATION SHEET FOR ENTERTAINMENT VENUES. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Moved by Mims, seconded by Champion, to adopt RES. 10-464, APPROVING PAULA RATIO STANDARDS FOR ENTERTAINMENT VENUES. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Wright, to adopt RES. 10-465, AMENDING THE BUDGETED POSITIONS IN THE ACCOUNTING DIVISION OF THE FINANCE DEPARTMENT AND THE AFSCME PAY PLAN BY ADDING ONE FULL-TIME GRANT ACCOUNTANT POSITION (AFSCME GRADE 13). Individual Council Members expressed their views. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Mims, to adopt RES. 10-466, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE FIRST AVENUE GRADE SEPARATION PROJECT [STP-U -3715(636)--70-52]. Libris Fidelis, PO Box 2146 (IC), appeared. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Wright, to adopt RES. 10-467, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT [STP-U-3715(637)--70-52]. Individual Council Members Complete Description October 26, 2010 Page 7 * REVISED 11/12/10 expressed their views. Affirmative roll call vote unanimous, 6/0, Wilburn absent: The Mayor declared the resolution adopted. Moved by Champion, seconded by Mims, to adopt RES. 10-468, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Moved by Wright, seconded by Dickens, to defer to November 16, 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. The Mayor declared the motion carried unanimously, 6/0, all Council Members present. Moved by Bailey, seconded by Mims, to adopt RES. 10-469, RATIFYING SETTLEMENT OF PENDING LITIGATION, (Logsden). Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Mims, to make the following appointments to Boards and Commissions: appoint Orville Townsend, Sr, 713 Whiting Avenue, David Brown, 2621 Walden Road, Diane Finnerty, 728 Dearborn Street, to the Human Rights Commission for three-year terms January 1, 2011 -January 1, 2014; re-appoint Jay Honohan, 1510 Somerset Lane, and Michael Lensing, 411 E. Fairchild Street, to the Senior Center Commission for three-year terms January 1, 2011 -December 31, 2013. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. The Mayor noted no applications were received or gender balance requirements met for the following Boards and Commissions, all will be readvertised: Adjustment, Board of, for a five-year term January 1, 2011 -January 1, 2016; Appeals, Board of, for alive-year term January 1, 2011 -December 31, 2015, for a Licensed Electrician; Parks & Recreation Commission for two vacancies for 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; Youth Advisory_Commission two vacancies for City High and West High for two-year terms January 1, 2011 -December 31, 2012. 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: Airport Commission for an unexpired term, effective upon appointment, ending March 1, 2013; 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; Police Citizens Review Board for fill an unexpired term, effective upon appointment, ending September 1, 2012; 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; Youth Advisory Commission for atwo-year term for Tate High Complete Description October 26, 2010 Page 8 representative January 1, 2009 -December 31, 2010. Applications must be received by 5:00 p.m., Wednesday, November 3, 2010. Youth Advisory Commission for atwo-year term for Tate High representative January 1, 2011 -December 31, 2012. Applications must be received by 5:00 p.m., Wednesday, December 1, 2010. Council Member Bailey encouraged citizens to vote on November 2; recognized the City's UniverCity Neighborhood Partnership affordable housing program on being chosen as the recipient of A Thousand Friends of Iowa, 2010 Best Development Award in the best renovated residential category; and wished everyone a Happy Halloween, asking residents to have fun and be safe. Council Member Champion wished everyone a Happy Halloween and reminded residents to vote. Mayor Hayek acknowledged news received the previous day on federal funding for passenger rail service to Chicago. Acting Asst. City Manager, and Public Works Director, Fosse clarified that the bridge on the First Avenue grade separation project was being designed to accommodate a second track at a later time. Moved by Mims, seconded by Wright, to adjourn meeting 7:50 p.m. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. Matthew J. Hayek, ayor ~_-~~ Mari K. Karr, City Clerk Complete Description October 26, 2010 Page 7 expressed their views. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Moved by Champion, seconded by Mims, to adopt RES. 10-468, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT. Affirmative roll call vote unanimous, ~/0, Wilburn absent. The Mayor declared the res lution adopted. Move by Wright, seconded by Dickens, to defer to N vember 16, a resolution awarding con act and authorizing the Mayor to sign and th City Clerk to attest a contract for construction of e Terry Trueblood Recreation Area Phas Two Improvements Project. The Mayor declared t e motion carried unanimously, 6/0, all C uncil Members present. Moved by B iley, seconded by Mims, to adopt RE . 10-469, RATIFYING SETTLEMENT OF P NDING LITIGATION, (Logsden). ffirmative roll call vote unanimous, 6/0, Wilburn absent. T Mayor declared the resolution adopted. Moved by Bailey, econded by Mims, to make a following appointments to Boards and Commissions: appoin rville Townsend, Sr, 71 Whiting Avenue, David Brown, 2621 Walden Road, Diane Finne 728 Dearborn Stree , to the Human Rights Commission for three-year terms January 1, 2 11 -January 1, 20 4; re-appoint Jay Honohan, 1510 Somerset Lane, and Michael Le sing, 411 E. Fai child Street, to the Senior Center Commission for three-year terms nuary 1, 20 1 -December 31, 2013. The Mayor noted no applicat ns were r ceived or gender balance requirements met for the following Boards and Commis 'ons, al ill be readvertised: Adjustment, Board of, for a five-year term January 1, 2011 -Jan ry , 2016; Appeals, Board of, for afive-year term January 1, 2011 -December 31, 2015, f Licensed Electrician; Parks & Recreation Commission for two vacancies for four-ye terms January 1, 2011 -January 1, 2015; Public Art Advisory Committee for two vacanci to fill three-year terms January 1, 2011 -January 1, 2014; Youth Advisory_Commission t o vac ncies for City High and West High for two-year terms January 1, 2011 -December 3 , 2012. plicants MUST reside in Iowa City and be 18 years of age unless specific quali cations are tated. [Staff will not publish additional notices after a period of six publica ons; but will c tinue to advertise vacancies with postings and on the Council agen a. However, no dditional publication costs will be incurred.] The Mayor noted the pr iously announced vac ncies: Airport Commission for an unexpired term, effective upo appointment, ending Mar h 1, 2013; Airport Zoning Brd of Adjustment for an unexpired erm, effective upon appoint ent, plus afive-year term January 1, 2007 -December 31, 20 1; Airport Zoning Brd of Adjust ent for afive-year term January 1, 2009 -December 31, 2 13; Airport Zoning Commission fo a six-year term January 1, 2006 -December 31, 2 1; Airport Zoning Commission fora 'x-year term January 1, 2010 -December 31, 2015; ppeals, Board of, for afive-year term Ja uary 1, 2009 -December 31, 2013, for a Mech ical Professional; Police Citizens Review and for fill an unexpired term, effective upo appointment, ending September 1, 2012; 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; Youth Advisory Commission for atwo-year term for Tate High representative January 1, 2009 -December 31, 2010. Applications must be received by 5:00 p.m., Wednesday, November 3, 2010. Youth Advisory Commission for atwo-year term Complete Description October 26, 2010 Page 8 for Tate High represen tive January 1, 2011 -December 31, 2 2. Applications must be received by 5:00 p.m., ednesday, December 1, 2010. Council Member alley encouraged citizens to vote o ovember 2; recognized the City's UniverCity Neighbo ood Partnership affordable hou ng program on being chosen as the recipient of A Thousan Friends of Iowa, 2010 Best D velopment Award in the best renovated residential catego ;and wished everyone a appy Halloween, asking residents to have fun and be safe. Council Member Champi wished everyone Happy Halloween and reminded residents to vote. Mayor Hayek acknowledged w: passenger rail service to Chicago. Acting Asst. City Manager, and on the First Avenue grade separation prc track at a later time. Moved by Mims, seconded by Wri declared the motion carried unanimous~i the previous day on federal funding for blic orks Director, Fosse clarified that the bridge ~ c as being designed to accommodate a second t, o adjourn meeting 7:50 p.m. The Mayor 6/0, ilburn absent. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk r 4a(1 ~.'-~®~,~ CITY OF IOWA CIT ~~~o Date: October 11, 2010 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, October 11, 2010, 6:40 PM in Emma J. Harvat Hall Council: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright UISG Rep.: Higgins Staff: Helling, Fosse, Dilkes, Karr, Davidson, Moran (A complete transcription is available in the City Clerk's Office and the City website) AGENDA ITEMS 1. (Agenda item # 12 -ordinance amending Title 16 ... Smoke Free Places ... to change the violation from Municipal infraction to a simple misdemeanor) City Atty. Dilkes stated the ordinance had been amended to make it a scheduled fine of $50, which is consistent with the civil penalty under State Code. 2. (Agenda items # 10 -ordinance amending Title 4 .... (split venues) 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; and # 11 -ordinance amending Title 14 ... (entertainment venues) to allow the Chief of Police to consider applications for entertainment venue status and issue entertainment venue exception certificates) City Atty. Dilkes stated the ordinance had been amended to include a provision to allow for automatic repealing of the ordinance if the 21 ordinance is repealed on November 2. 3. (Agenda item # 7 -hearing and recommendation to deny renewal ... Sauce ...) City Atty. Dilkes notified Council she is doing research on bankruptcy issues and requested the item be deferred to the October 26 meeting. INFORMATION PACKET DISCUSSION [9/23, 9/30, 10/7] September 23 - No discussion September 30 - No discussion October 7 - 1. (IP4 -Agenda items for Joint Meeting of October 20) Council requested the following items be placed on the agenda: Update from school districts a. Facilities planning b. Roosevelt Task Force Council Work Session October 11, 2010 Page 2 County Dwelling Inspection Update City Manager Hiring City Clerk Karr noted there would be an agenda item regarding expansion of the current attendees as well. 2. (IP3 -October 12 IDOT Commission Meeting in Dubuque) Mayor Hayek announced that Council Member Bailey has agreed to attend the meeting. 3. (IP10 -Invitation - 12`h Annual Iowa Latino Conference) Mayor Pro tem Wilburn stated he would be attending on Saturday, COUNCIL TIME Council Member Wright noted the number of combined work session and formal meetings and urged Council to carefully consider not combining future meetings with such frequently. BUDGET PRIORITIES None SUMMARY OF PENDING WORK SESSION ISSUES (IP2 of 10/7 Info Packet) 1. Interim City Manager Helling stated he would be adding a discussion of legislative priorities to the pending list in anticipation of the meeting with area legislators scheduled November 29. 2. Noting the item "Brick Streets Repair/Funding Strategy", Mayor Hayek requested Council be provided with cost comparisons between total cost of such a project versus a redo of asphalt or other surfaces. 3. In response to Interim City Manager Helling questions on the "Economic Development Project Updates", Council indicated they wanted a comprehensive update not limited to Towncrest redevelopment and Riverfront Crossing, noting members of the Economic Development Committee had received some information but not the entire Council. UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS None DISCUSSION OF MEETING SCHEDULE Majority directed City Clerk to schedule evaluation of Clerk and City Attorney before or after an already scheduled work session or formal meeting. Meeting adjourned 6:55 PM. 10-Zfi-10 4a~ 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 - 10/11/10 Iowa City City Council special meeting 6:15 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Moved and seconded to adjourn to executive session is discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried and adjourned into executive session 6:16 p.m. Moved and seconded to adjourn special meeting 6:39 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, C't Clerk ~jG~~~ ~ : ~G~ Submitted for publication - 10/13/10. ~~~ 4a 3 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 10/11/10 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. The Mayor presented Outstanding Student Citizenship Awards to Weber Elementary students: Kaylee Guymon, Kevin Hanson, Ali Tauchen. The Mayor proclaimed International Day for Disaster Reduction -October 13, 2010, Luke Juran accepting; Founder's Day -October 26, 2010, Betty Dizard accepting. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: September 20, Regular Council Work Session; September 20, Special Council Formal Official and Complete; September 21, Regular Council Formal Official and Complete; September 27, Special Council Formal Official and Complete; September 28, Special Council Work Session; September 28, Special Council Formal Official and Complete; September 29, 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): Telecommunications Commission -August 23, 2010; Board of Adjustment -August 11, 2010; Human Rights Commission -August 17, 2010; Housing and Community Development Commission -August 19, 2010; Planning and Zoning Commission - September 2, 2010; Youth Advisory Commission -September 5, 2010. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Los Portales, 1402 S. Gilbert St.; Class C Liquor License for Hilltop Lounge, 1100 N. Dodge St.; Special Class C Liquor License for Masala, 9 S. Dubuque St.; Class C Beer Permit for On The Go Convenience Stores, 2315 Muscatine Ave.; Class C Beer Permit for RJ'Z Express, 2 Escort Lane; Class C Liquor License for Blue Moose, 211 Iowa Ave.; RES. 10-418, TO-ISSUE DANCE PERMIT for Blue Moose, 211 Iowa Ave. Public Hearing: RES. 10-419, INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF A UTILITY EASEMENT ACROSS THE WEST 10' OF THE VACATED BELDON AVENUE, AND SETTING A PUBLIC HEARING ON SAID PROPOSED CONVEYANCE FOR OCTOBER 26, 2010; RES. 10-420, DETERMINING THE NECESSITY OF REHABILITATION, CONSERVATION, REDEVELOPMENT OR DEVELOPMENT OF PROPERTY LOCATED WITHIN THE PROPOSED TOWNCREST URBAN RENEWAL AREA IN THE CITY OF IOWA CITY, IOWA, AND SETTING DATES FOR A CONSULTATION AND PUBLIC HEARING REGARDING THE PROPOSED TOWNCREST URBAN RENEWAL PLAN. October 11, 2010 Official Actions Page 2 Resolutions: RES. 10-421, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1204 ASH STREET, IOWA CITY, IOWA; RES. 10-422, 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 438 SOUTHGATE AVENUE, IOWA CITY, IOWA; RES. 10-423, 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 430 AND 436/438 SOUTHGATE AVENUE, IOWA CITY, IOWA; RES. 10-424, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NATIONWIDE ADVANTAGE MORTGAGE, DES MOINES, IOWA FOR PROPERTY LOCATED AT 412 TERRACE ROAD, IOWA CITY, IOWA; RES. 10-425, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1904 DELWOOD DRIVE, IOWA CITY, IOWA; RES. 10-426, APPROVING THE RELEASE OF A STORM WATER DETENTION EASEMENT AND THE DEDICATION OF A REPLACEMENT EASEMENT WITHIN LOT 5, SCOTT'S SECOND ADDITION, IOWA CITY, IOWA; RES. 10-427, ACCEPTING THE WORK FOR THE LANDFILL FY09 GRADING PROJECT; RES. 10-428, ACCEPTING THE WORK FOR THE BOWERY STREET BRICK REPAIR PROJECT -SUMMIT STREET TO CLARK STREET; RES. 10-429, ACCEPTING THE WORK FOR THE SANITARY SEWER, WATER MAIN, AND PAVING IMPROVEMENTS FOR WESTGATE VILLAS, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 10-430, COMMITTING THE LOCAL MATCH FOR THE HAZARD MITIGATION GRANT PROGRAM GRANT FOR THE HICKORY HILL PARK TORNADO ROOM PROJECT AND RESCINDING RESOLUTION NO. 10-415. Correspondence: JCCOG Traffic Engineering Planner regarding Establishment of a TOW-AWAY ZONE at the east terminus of the 200 block of Harrison Street; JCCOG Traffic Engineering Planner regarding Installation of (1) STOP sign on the southwest corner of the intersection of the Terrell Mill Park/Beckwith Boathouse drive and Dubuque Street; JCCOG Traffic Engineering Planner regarding Installation of NO PARKING ANY TIME signs on the north side of Derwen Drive; Wm. Eginton regarding Summit Street and Kirkwood Avenue Intersection; Letter to Council from Nick Arnold re: Downtown -Previously distributed in 9/30 Information Packet; Public input regarding City Manager candidates from Phyllis Lindstrom, Sylvia Edmunds, Brian Miller, Mary Johnson, Gloria Mitchell, Timothy Schemmel, Lowell Anderson, Carson Eggland, Jennifer Jordan, Gretchen Schmuch, Elliot Higgins, Jim Lehman, Paula Tvedte, Clay Claussen, iowalive9, Kathy Mitchell, William KorF, Tom Cilek, Karen Kubby, Pat Hayek, Debbie Reid, RHHannaHH; Scott Oatman regarding Visit to Iowa City [staff response included]; 21 Ordinance letters from Matthew Theobald, Dave Tjaden [staff response included]; City Engineer regarding Competitive Quotation Results. October 11, 2010 Official Actions Page 3 The Mayor declared the motion carried. Moved and seconded to set a public hearing for October 26 on a resolution annexing 207 acres of land located south of McCollister Boulevard, west of Sand Road SE (ANN10- 00003). The Mayor declared the motion carried. Moved and seconded to set a public hearing for October 26 on an ordinance rezoning 207 acres of land located south of McCollister Boulevard, west of Sand Road SE from County Agricultural (A) to Neighborhood Public (P-1) (REZ10-00010). The Mayor declared the motion carried. A public hearing was held 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. Moved and seconded to continue public hearing and to defer to October 26 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, pending IDNR approval. The Mayor declared the motion carried. A public hearing was held 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 (REZ10-00004). Moved and seconded to accept correspondence from Voldemars Pelds. The Mayor declared the motion carried. Moved and seconded that the 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 (REZ10-00004), be given first vote. The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning 175-acres of land located 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/S U B 10-00004. Moved and seconded that the ordinance rezoning 175-acres of land located 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), be given first vote. The Mayor declared the motion carried. A public hearing was held on a resolution vacating a portion of JJR Davis Addition and conveying the vacated City View Drive to Dealer Properties IC, LLC. October 11, 2010 Official Actions Page 4 Moved and seconded to adopt RES. 10-431, VACATING A PORTION OF JJR DAVIS ADDITION AND CONVEYING THE VACATED CITY VIEW DRIVE TO DEALER PROPERTIES IC, LLC. Moved and seconded to adopt RES. 10-432, APPROVING PRELIMINARY AND FINAL PLAT OFD & D BILLION ADDITION, IOWA CITY, IOWA (SUB10-00007/SUB10- 00008). Moved and seconded to continue hearing and motion to deny to October 26 a Class E Liquor License for Sauce, 108 E. College Street, in accordance with staff recommendation. The Mayor declared the motion carried. A public hearing was held on a purchase agreement between the City of Iowa City and Van Meter Industrial, Inc. for Lot 10 of the North Airport Development Subdivision and authorizing conveyance in accordance therewith and rescinding Resolution No. 10-260. Moved and seconded to adopt RES. 10-433, PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND VAN METER INDUSTRIAL, INC. FOR LOT 10 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION AND AUTHORIZING CONVEYANCE IN ACCORDANCE THEREWITH AND RESCINDING RESOLUTION NO. 10-260. Moved and seconded that the that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 10-4407, AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS" TO CLARIFY AIRPORT SHUTTLES CAN OPERATE WITHOUT A TAXIMETER, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded that the ordinance amending Title 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, as amended, be given first vote. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Russell Brown. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 4, Alcoholic Beverages, 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, as amended, be given first vote. The Mayor declared the motion carried. October 11, 2010 Official Actions Page 5 Moved and seconded that the ordinance amending Title 6, entitled "Public Health and Safety," Chapter 10, entitled "Smoke Free Places," to change the violation from a Municipal Infraction to a Simple Misdemeanor, as amended, be given first vote. The Mayor declared the motion carried. Moved and seconded to adopt RES. 10-434, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF SOLON, IOWA FOR THE PROVISION OF ANIMAL CARE SERVICES. Moved and seconded to adopt RES. 10-435, SUPPORTING THE TERRY TRUEBLOOD RECREATION AREA PROJECT AND AUTHORIZING THE MAYOR TO SIGN A GRANT APPLICATION TO BE SUBMITTED TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT. Moved and seconded to adopt RES. 10-436, APPROVING FUNDING FOR THE PAPER NEST FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Moved and seconded to adopt RES. 10-437, AMENDING THE BUDGETED POSITIONS IN THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT AND THE AFSCME PAY PLAN BY ADDING ONE HALF-TIME PLANNING AND COMMUNITY DEVELOPMENT CLERK POSITION (AFSCME GRADE 4) AND ELIMINATING ONE HALF- TIME PUBLIC INFORMATION ASSISTANT - PCD POSITION (AFSCME GRADE 8). Moved and seconded to adopt RES. 10-438, AMENDING THE BUDGETED POSITIONS IN THE SENIOR CENTER DEPARTMENT BY INCREASING ONE MAINTENANCE WORKER I -SENIOR CENTER POSITION FROM .81 FTE TO 1.0 FTE. Moved and seconded to adopt RES. 10-439, AMENDING THE BUDGETED POSITIONS IN THE CABLE TV DIVISION OF THE ADMINISTRATIVE OFFICES DEPARTMENT AND THE AFSCME AND ADMINISTRATIVE PAY PLANS BY ADDING ONE FULL-TIME GOVERNMENT PROGRAMMER POSITION (AFSCME GRADE 9) AND ELIMINATING ONE CABLE PRODUCTION COORDINATOR POSITION (ADMINISTRATIVE GRADE 26). Moved and seconded to adopt RES. 10-440, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE DODGE STREET RESURFACING PROJECT [STPN-1- Moved and seconded to adopt RES. 10-441, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND NEUMANN MONSON TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE FY2011 ELEVATOR MODERNIZATION PROJECT. Moved and seconded to adopt RES. 10-442, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THOMAS M. MARKUS, CITY MANAGER. October 11, 2010 Official Actions Page 6 The Mayor noted no applications were received for the following Commissions and both will be readvertised: 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. The Mayor noted the previously announced vacancies: Adjustment, Board of, for a five-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 for three-year terms January 1, 2011 -January 1, 2014; Parks & Recreation Commission for two vacancies for four-year terms January 1, 2011 - January 1, 2015; Public Art Advisory Committee for two vacancies to for three-year terms January 1, 2011 -January 1, 2014; Senior Center Commission for two vacancies for 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. Airport Commission for an unexpired term, effective upon appointment, ending March 1, 2013; 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 for afive-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Police Citizens Review Board for an unexpired term, effective upon appointment, ending September 1, 2012; 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, November 3, 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 8:10 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. . s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk Submitted for publication - 10/20/10. ~~ yd 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 OCTOBER 11, 2010 Iowa City City Council special meeting 6:15 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. Moved by Bailey, seconded by Dickens, to adjourn to executive session is discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 6:16 p.m. Council returned to open session 6:38 p.m. Moved by Wright, seconded by Bailey, to adjourn special meeting 6:39 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 OCTOBER 11, 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, Dilkes, Karr, Davidson, Moran, Goers, Tallman, O'Brien. The Mayor presented Outstanding Student Citizenship Awards to Weber Elementary students: Kaylee Guymon, Kevin Hanson, Ali Tauchen. The Mayor proclaimed International Day for Disaster Reduction -October 13, 2010, Luke Juran accepting; Founder's Day -October 26, 2010, Betty Dizard accepting. Moved by Champion, seconded by Mims, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: September 20, Regular Council Work Session; September 20, Special Council Formal Official and Complete; September 21, Regular Council Formal Official and Complete; September 27, Special Council Formal Official and Complete; September 28, Special Council Work Session; September 28, Special Council Formal Official and Complete; September 29, 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): Telecommunications Commission -August 23, 2010; Board of Adjustment -August 11, 2010; Human Rights Commission -August 17, 2010; Housing and Community Development Commission -August 19, 2010; Planning and Zoning Commission - September 2, 2010; Youth Advisory Commission -September 5, 2010. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Los Portales Mexican Restaurant, Inc., dba Los Portales, 1402 S. Gilbert St.; Class C Liquor License for Hilltop Tavern, Ltd., dba Hilltop Lounge, 1100 N. Dodge St.; Special Class C Liquor License for Angela, Inc., dba Masala, 9 S. Dubuque St.; Class C Beer Permit for On The Go Convenience Stores, Inc., dba On The Go Convenience Stores, 2315 Muscatine Ave.; Class C Beer Permit for HWZ, LLC, dba RJ'Z Express, 2 Escort Lane; Class C Liquor License for Blue Moose, Inc., dba Blue Moose, 211 Iowa Ave.; RES. 10-418, TO ISSUE DANCE PERMIT for Blue Moose, Inc., dba Blue Moose, 211 Iowa Ave. Public Hearing: RES. 10-419, INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF A UTILITY EASEMENT ACROSS THE WEST 10' OF THE VACATED BELDON AVENUE, AND SETTING A PUBLIC HEARING ON SAID PROPOSED CONVEYANCE FOR OCTOBER 26, 2010; RES. 10-420, DETERMINING THE NECESSITY OF REHABILITATION, CONSERVATION, REDEVELOPMENT OR DEVELOPMENT OF PROPERTY LOCATED WITHIN THE PROPOSED TOWNCREST URBAN RENEWAL AREA IN THE CITY OF IOWA CITY, IOWA, AND October 11, 2010 Complete Description Page 2 SETTING DATES FOR A CONSULTATION AND PUBLIC HEARING REGARDING THE PROPOSED TOWNCREST URBAN RENEWAL PLAN. Resolutions: RES. 10-421, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1204 ASH STREET, IOWA CITY, IOWA; RES. 10-422, 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 438 SOUTHGATE AVENUE, IOWA CITY, IOWA; RES. 10-423, 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 430 AND 436/438 SOUTHGATE AVENUE, IOWA CITY, IOWA; RES. 10-424, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NATIONWIDE ADVANTAGE MORTGAGE, DES MOINES, IOWA FOR PROPERTY LOCATED AT 412 TERRACE ROAD, IOWA CITY, IOWA; RES. 10-425, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1904 DELWOOD DRIVE, IOWA CITY, IOWA; RES. 10-426, APPROVING THE RELEASE OF A STORM WATER DETENTION EASEMENT AND THE DEDICATION OF A REPLACEMENT EASEMENT WITHIN LOT 5, SCOTT'S SECOND ADDITION, IOWA CITY, IOWA; RES. 10-427, ACCEPTING THE WORK FOR THE LANDFILL FY09 GRADING PROJECT; RES. 10-428, ACCEPTING THE WORK FOR THE BOWERY STREET BRICK REPAIR PROJECT -SUMMIT STREET TO CLARK STREET; RES. 10-429, ACCEPTING THE WORK FOR THE SANITARY SEWER, WATER MAIN, AND PAVING IMPROVEMENTS FOR WESTGATE VILLAS, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 10-430, COMMITTING THE LOCAL MATCH FOR THE HAZARD MITIGATION GRANT PROGRAM GRANT FOR THE HICKORY HILL PARK TORNADO ROOM PROJECT AND RESCINDING RESOLUTION NO. 10-415. Correspondence: JCCOG Traffic Engineering Planner regarding Establishment of a TOW-AWAY ZONE at the east terminus of the 200 block of Harrison Street; JCCOG Traffic Engineering Planner regarding Installation of (1) STOP sign on the southwest corner of the intersection of the Terrell Mill Park/Beckwith Boathouse drive and Dubuque Street; JCCOG Traffic Engineering Planner regarding Installation of NO PARKING ANY TIME signs on the north side of Derwen Drive; Wm. Eginton regarding Summit Street and Kirkwood Avenue Intersection; Letter to Council from Nick Arnold re: Downtown -Previously distributed in 9/30 Information Packet; Public input regarding City Manager candidates from Phyllis Lindstrom, Sylvia Edmunds, Brian Miller, Mary Johnson, Gloria Mitchell, Timothy Schemmel, Lowell Anderson, Carson Eggland, Jennifer Jordan, Gretchen Schmuch, Elliot Higgins, Jim Lehman, Paula Tvedte, Clay Claussen, iowalive9, Kathy Mitchell, William Korf, Tom Cilek, Karen Kubby, Pat Hayek, Debbie Reid, RHHannaHH; Scott Oatman regarding Visit to Iowa City [staff October 11, 2010 Complete Description Page 3 response included]; 21 Ordinance letters from Matthew Theobald, Dave Tjaden [staff response included]; City Engineer regarding Competitive Quotation Results. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wright, seconded by Champion, to set a public hearing for October 26 on a resolution annexing 207 acres of land located south of McCollister Boulevard, west of Sand Road SE (ANN10-00003 Terry Trueblood Recreation Area). The Mayor declared the motion carried, 7/0, all Council Members present. Moved by Champion, seconded by Wilburn, to set a public hearing for October 26 on an ordinance rezoning 207 acres of land located south of McCollister Boulevard, west of Sand Road SE from County Agricultural (A) to Neighborhood Public (P-1) (REZ10-00010 Terry Trueblood Recreation Area). The Mayor declared the motion carried, 7/0, all Council Members present. A public hearing was held 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. PCD Director Davidson and Development Regulation Specialist Tallman presented power point. Moved by Mims, seconded by Champion, to continue public hearing and to defer to October 26 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 14-86-5 Flood Plain Development permit, pending IDNR approval. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held 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 (REZ10-00004 Moss Green). PCD Director Davidson present for discussion. The Mayor asked Council Members to discuss any ex parte communications, and none were reported. Moved by Champion, seconded by Mims, to accept correspondence from Voldemars Pelds. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Mims, seconded by Dickens, that the 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 (REZ10-00004 Moss Green), be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. October 11, 2010 Complete Description Page 4 A public hearing was held on an ordinance rezoning 175-acres of land located on 420t" 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). PCD Director Davidson present for discussion. The Mayor asked Council Members to discuss any ex parte communications, and none were reported. Moved by Bailey, seconded by Wilburn, that the ordinance rezoning 175-acres of land located on 420t" 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), be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on a resolution vacating a portion of JJR Davis Addition and conveying the vacated City View Drive to Dealer Properties IC, LLC. PCD Director Davidson present for discussion. Moved by Champion, seconded by Mims, to adopt RES. 10-431, VACATING A PORTION OF JJR DAVIS ADDITION AND CONVEYING THE VACATED CITY VIEW DRIVE TO DEALER PROPERTIES IC, LLC. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Dickens, to adopt RES. 10-432, APPROVING PRELIMINARY AND FINAL PLAT OFD & D BILLION ADDITION, IOWA CITY, IOWA (SUB10-00007/SUB10-00008). PCD Director Davidson present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Wright to continue hearing and motion to deny to October 26 a Class E Liquor License for Sauce, Inc. dba Sauce, 108 E. College Street, in accordance with staff recommendation. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a purchase agreement between the City of Iowa City and Van Meter Industrial, Inc. for Lot 10 of the North Airport Development Subdivision and authorizing conveyance in accordance therewith and rescinding Resolution No. 10-260. No one appeared. Moved by Wright, seconded by Champion, to adopt RES. 10-433, PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND VAN METER INDUSTRIAL, INC. FOR LOT 10 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION AND AUTHORIZING CONVEYANCE IN ACCORDANCE THEREWITH AND RESCINDING RESOLUTION NO. 10-260. 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 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. 10-4407, AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS" TO CLARIFY AIRPORT SHUTTLES CAN OPERATE WITHOUT A TAXIMETER, 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 Champion, that the ordinance be October 11, 2010 Complete Description Page 5 finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Mims, seconded by Champion, 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, as amended, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wright, seconded by Mims, to accept correspondence from Russell Brown. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Dickens, that the ordinance amending Title 4, Alcoholic Beverages, 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, as amended, be given first vote. Asst. City Atty. Goers present for discussion. 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 6, entitled "Public Health and Safety," Chapter 10, entitled "Smoke Free Places," to change the violation from a Municipal Infraction to a Simple Misdemeanor, as amended, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Mims, seconded by Wright, to adopt RES. 10-434, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF SOLON, IOWA FOR THE PROVISION OF ANIMAL CARE SERVICES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Wilburn, to adopt RES. 10-435, SUPPORTING THE TERRY TRUEBLOOD RECREATION AREA PROJECT AND AUTHORIZING THE MAYOR TO SIGN A GRANT APPLICATION TO BE SUBMITTED TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Bailey, to adopt RES. 10-436, APPROVING FUNDING FOR THE PAPER NEST FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT -ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL October 11, 2010 Complete Description Page 6 NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Mims, to adopt RES. 10-437, AMENDING THE BUDGETED POSITIONS IN THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT AND THE AFSCME PAY PLAN BY ADDING ONE HALF-TIME PLANNING AND COMMUNITY DEVELOPMENT CLERK POSITION (AFSCME GRADE 4) AND ELIMINATING ONE HALF-TIME PUBLIC INFORMATION ASSISTANT - PCD POSITION (AFSCME GRADE 8). 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. 10-438, AMENDING THE BUDGETED POSITIONS IN THE SENIOR CENTER DEPARTMENT BY INCREASING ONE MAINTENANCE WORKER I -SENIOR CENTER POSITION FROM .81 FTE TO 1.0 FTE. 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. 10-439, AMENDING THE BUDGETED POSITIONS IN THE CABLE TV DIVISION OF THE ADMINISTRATIVE OFFICES DEPARTMENT AND THE AFSCME AND ADMINISTRATIVE PAY PLANS BY ADDING ONE FULL-TIME GOVERNMENT PROGRAMMER POSITION (AFSCME GRADE 9) AND ELIMINATING ONE CABLE PRODUCTION COORDINATOR POSITION (ADMINISTRATIVE GRADE 26). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Dickens, to adopt RES. 10-440, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE DODGE STREET RESURFACING PROJECT [STPN-1-5(94)--2J-52]. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Dickens, to adopt RES. 10-441, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND NEUMANN MONSON TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE FY2011 ELEVATOR MODERNIZATION PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Dickens, to adopt RES. 10-442, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THOMAS M. MARKUS, CITY MANAGER. 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 Commissions and both will be readvertised: 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. The Mayor noted the previously announced vacancies: Adjustment, Board of, for a five-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 October 11, 2010 Complete Description Page 7 Commission for three vacancies for three-year terms January 1, 2011 -January 1, 2014; Parks & Recreation Commission for two vacancies for four-year terms January 1, 2011 - January 1, 2015; Public Art Advisory Committee for two vacancies to for three-year terms January 1, 2011 -January 1, 2014; Senior Center Commission for two vacancies for 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. Airport Commission for an unexpired term, effective upon appointment, ending March 1, 2013; 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 for afive-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Police Citizens Review Board for an unexpired term, effective upon appointment, ending September 1, 2012; 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, November 3, 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 Champion noted City leaf pick up starts soon. Council Member Wright acknowledged staff efforts for the UniverCity open houses the past week-end,' and congratulated all involved in the program. Mayor Pro tem Wilburn reported he would be attending the 12th annual Iowa Latino conference October 15 and 16. Council Member Bailey echoed comments made by Council Member Wright on the UniverCity program; thanked all involved in the Rochester Avenue infill sidewalk project; noted it was getting darker earlier and encouraged bicyclists to turn their lights on earlier. Council Member Dickens acknowledged work on Dubuque Road and progress on the Fire Station # 4. Mayor Hayek thanked the public for the role they played in the City Manager search process, as well as City staff. Moved by Bailey, seconded by Mims, to adjourn meeting 8:10 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk