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HomeMy WebLinkAbout2010-11-16 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 NOVEMBER 16, 2010 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims (7:10 p.m.), Wilburn, Wright. Absent: None. Staff members present: Helling, Fosse, Dilkes, Karr, Davidson, Moran. The Mayor presented Outstanding Student Citizenship Awards to Shimek Elementary students: Natalie Holmes, Megan Payne, Emma Webber. The Mayor noted the Veterans Remembrance Day proclamation distributed at the Veterans Day Banquet on November 11. Moved by Champion, seconded by Wilburn, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk. October 20, Special Council Work Session (Joint Meeting); October 25, Special Council Formal Official and Complete; October 25, Special Council Work Session; October 26, 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 -September 27, 2010; Planning and Zoning Commission -October 7, 2010; Police Citizens Review Board -October 12, 2010; Senior Center Commission - September 9, 2010; Housing and Community Development Commission -September 16, 2010. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class B Liquor License for POSH Hotel, LLC, dba Clarion Highlander Hotel & Conference Center, 2525 N. Dodge St. Renewal: Special Class C Liquor License for India Cafe Corporation, dba India Cafe, 227 E. Washington St.; Class E Liquor License for Fareway Stores, Inc., dba Fareway Stores, Inc. #950, 2530 Westwinds Dr.; Class E Liquor License for Fareway Stores, Inc., dba Fareway Stores, Inc. #034, 2765 Commerce Dr.; Class C Beer Permit for Aldi, Inc. dba Aldi, Inc. #6, 1534 S. Gilbert St.; Class C Liquor License for Suzster, Inc., dba Club Car, 122 Wright St.; Class C Liquor License for Blazin Wings, Inc., dba Buffalo Wild Wings Grill & Bar, 201 S. Clinton St.; Outdoor Service Area for Blazin Wings, Inc., dba Buffalo Wild Wings Grill & Bar, 201 S. Clinton St.; RES. 10- 470, TO ISSUE DANCE PERMIT for POSH Hotel, LLC, dba Clarion Highlander Hotel & Conference Center, 2525 N. Dodge St. Resolutions: RES. 10-471, 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 221 HUNTINGTON DRIVE, IOWA CITY, IOWA; RES. 10-472, 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 Complete Description November 16, 2010 Page 2 COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1855 RICHMOND LANE, IOWA CITY, IOWA; RES. 10-473, 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 1073 WALKER CIRCLE, IOWA CITY, IOWA; RES. 10-474, 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 726 KEOKUK COURT, IOWA CITY, IOWA; RES. 10-475, AUTHORIZING THE MAYOR TO SIGN 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 217 HUNTINGTON DRIVE, IOWA CITY, IOWA; RES. 10-476, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 1112 2"d AVENUE, IOWA CITY, IOWA; RES. 10-477, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1020 ROCHESTER AVENUE, IOWA CITY, IOWA; RES. 10-478, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 1634 WILSON STREET, IOWA CITY, IOWA; RES. 10-479, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1215 2nd AVENUE, IOWA CITY, IOWA; RES. 10-480, ACCEPTING THE WORK OF THE CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA PHASE ONE PROJECT; RES. 10-481, ACCEPTING THE WORK FOR THE 2010 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT. RES. 10-482, ACCEPTING THE WORK FOR THE 2010 WATER MAIN DIRECTIONAL BORING PROJECT; RES. 10- 483, ACCEPTING THE WORK FOR THE CAPITOL STREET RAMP DOOR AND WINDOW REPLACEMENT PROJECT; RES. 10-484, ACCEPTING THE WORK FOR THE 404 HAZARD MITIGATION PROPERTY ACQUISITION DEMOLITIONS - PROJECT #3; RES. 10-485, ACCEPTING THE WORK FOR THE CDG ASBESTOS ABATEMENT #2 -SHOWERS ADDITION; RES. 10-486, ACCEPTING THE WORK FOR THE 404 HAZARD MITIGATION PROPERTY ACQUISTION ASBESTOS ABATEMENT -PROJECT #2; RES. 10-487, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING IMPROVEMENTS FOR KENNEDY'S WATERFRONT ADDITION -PART FIVE, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 10-488, ACCEPTING THE WORK FOR THE STORM SEWER PUBLIC IMPROVEMENTS FOR THE SOUTH GILBERT STREET BUS FACILITY (AUDITOR'S PARCEL NO. 2007065); RES. 10-489, CANCELLING THE PUBLIC HEARING ON NOVEMBER 16, 2010 ON THE CONVEYANCE OF 416 DOUGLASS COURT AND RESCINDING RESOLUTION NO. 10-444; RES. 10-490, APPROVING Complete Description November 16, 2010 Page 3 THE ACCEPTANCE OF THE DEDICATION OF OUTLOT 0, WINDSOR RIDGE- PART THIRTEEN, IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC OPEN SPACE; RES. 10-491, ACCEPTING THE DEDICATION OF AND AUTHORIZING THE MAYOR TO ENTER INTO A STORM WATER RAINAGE EASEMENT AGREEMENT FOR MOUNT PROSPECT ADDITION, PART IX, IOWA CITY, JOHNSON COUNTY, IOWA. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of two bus stop signs for northbound and southbound traffic in front of 2533 Scott Boulevard. Removal of bus stop located on the southeast corner of the intersection of Scott Boulevard and Freedom Court; JCCOG Traffic Engineering Planner regarding Installation of on-street metered parking spaces and establishment of parking meter terms on the 800 block of South Clinton Street; Cynthia Jewell regarding Property tax relief [staff response included]; Tim Borchardt regarding 2401 Hwy 6 E; James Hayes regarding Court Street traffic problems; Joel Wilcox regarding Taft Speedway/Idyllwild flood mitigation project; Denise Swartzendruber regarding Tammara Meester; Brad Jones regarding Scott Boulevard (staff response included]; Sanctuary City letters from John McKinstry, Kerry Schueler(x2), Liz Smothers, Carolyn Walker; 21-Only Ordinance letters from Gabe DeJong, Rhys Jones and Valerie Chittick, Misael Martinez, Kevin McVey; Dan Lechay(X2) regarding Proposed pedestrian crossing at Summit/Kirkwood intersection [staff response included]; Carol Seydel regarding Iowa River levee; Scott Dragoo regarding Community Policing [staff response included]; Janice Horak regarding Thank You for Community Event Funding Grant; Libris Fidelis regarding MegaBus. Affirmative roll call vote unanimous, 6/0, Mims absent. The Mayor declared the motion carried. Moved by Wright, seconded by Champion, to set a public hearing for November 30 on an ordinance rezoning 1.38-acres of land located at 385 Ruppert Road from Intensive Commercial (CI-1) to Institutional Public Zone (P-2) (REZ10-00009 University of Iowa). The Mayor declared the motion carried unanimously, 6/0, Mims absent. Moved by Bailey, seconded by Dickens, to set a public hearing for November 30 on an ordinance rezoning the following properties owned by the City of Iowa City to Neighborhood Public (P-1) Zone: from Overlay Planned Development Low Density (OPD-5) Zone for properties located in Dean Oakes Sixth Addition, Thornberry Dog Park and Peninsula Park, and Oakmont Estates; from Overlay Planned Development Low Density (OPD-5) Zone and Interim Development Multi-Family Residential (ID-RM) Zone for property located in Sand Hill Park; from Overlay Planned Development Medium Density (OPD-8) Zone for Frauenholtz- Miller Park; from Low Density Single Family (RS-5) Zone for property located in Country Club Estates, Terrell Mill Park Area, and west of Scott Boulevard; from Interim Development Multi- Family Residential (ID-RM) Zone for property located north of McCollister Boulevard (REZ10- 00011). The Mayor declared the motion carried unanimously, 6/0, Mims absent. Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 10-4413, 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 Complete Description November 16, 2010 Page 4 PUBLIC (P-1) (REZ10-00010 Terry Trueblood Recreation Area), be voted on for final passage at this time. The Mayor asked for ex parte communications; and none were reported. Affirmative roll call vote unanimous, 6/0, Mims absent. The Mayor declared the motion carried. Moved by Wilburn, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Mims absent. The Mayor declared the ordinance adopted. Council Members Mims present. Moved by Wilburn, seconded by Bailey, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 10-4414, 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 voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by Wright, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Bailey, seconded by Champion, to continue to December 7 the public hearing and defer the resolution determining the Towncrest Urban Renewal Area of the city to have conditions of slum and blight and to be an economic development area, and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the city; designating such area as appropriate for an urban renewal project; and adopting the Towncrest Urban Renewal Plan therefor. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Dickens, that the ordinance amending Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs", Section 10, "Terms of Decals and Authorization; Renewals" to change driver authorizations to be valid for one year and place responsibility for maintaining a valid Iowa Chauffeur's License on the driver and the taxicab business, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Mims, to adopt RES. 10-492, APPROVING FUNDING FOR BARONCINI, LLC 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. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Champion, to adopt RES. 10-493, APPROVING AN ENVIRONMENTAL COVENANT WITH MID-AMERICAN ENERGY, THE ENVIRONMENTAL PROTECTION AGENCY, THE IOWA DEPARTMENT OF NATURAL RESOURCES, AND IOWA-ILLINOIS SQUARE, LLC, REGARDING THE SUPERFUND SITE NEAR THE INTERSECTION OF BURLINGTON AND VAN BUREN STREETS, AS WELL AS A SIDE Complete Description November 16, 2010 Page 5 AGREEMENT WITH MID-AMERICAN ENERGY. 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. 10-494, AWARDING CONTRACT to Tricon General Construction for $1,192,098.00 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. 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. 10-495, 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 HNTB CORPORATION TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DUBUQUE STREET ELEVATION AND PARK ROAD BRIDGE RECONSTRUCTION PROJECT. Public Works Director and Interim Asst. City Manager Fosse introduced Special Projects Administrator Melissa Clow. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Mims, to adopt RES. 10-496, ESTABLISHING CITY OF IOWA CITY 2011 LEGISLATIVE PRIORITIES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Wilburn, to make the following appointments to Boards and Commissions: appoint Melissa Jensen, 830 Elliott Court, to the Police Citizens Review Board for an unexpired term, effective upon appointment, ending September 1, 2012; and to appoint Nolan Klouda, 309 Finkbine Lane, #9, to the Telecommunications Commission for an unexpired term, effective upon appointment, ending March 13, 2011. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted no applications were received OR gender balance requirements met for the following Boards and Commissions, all will be readvertised: Airport Commission to appoint an unexpired term, effective upon appointment, ending March 1, 2013; Airport Zoning Brd of Adjustment to appoint an unexpired term, effective upon appointment, plus afive-year term January 1, 2007 -December 31, 2011; Airport Zoning Brd of Adjustment to appoint a five-year term January 1, 2009 -December 31, 2013; Airport Zoning Commission to appoint a six-year term January 1, 2006 -December 31, 2011; Airport Zoning Commission to appoint six-year term January 1, 2010 -December 31, 2015; Appeals, Board of to appoint afive-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Youth Advisory Commission to appoint an At Large unexpired term, effective upon appointment, ending December 31, 2011; Youth Advisory Commission to appoint a Tate High representative for a two-year term January 1, 2009 -December 31, 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.] 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; Parks & Recreation Commission for two vacancies to fill four-year terms January 1, 2011 -January 1, 2015; Complete Description November 16, 2010 Page 6 Public Art Advisory Committee for two vacancies to fill three-year terms January 1, 2011 - January 1, 2014; Youth Advisory Commission for two vacancies to fill two-year terms for City High and West High representatives January 1, 2011 -December 31, 2012; 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. The Mayor noted the current vacancy: Housing & Community Development Commission for an unexpired term, effective upon appointment, ending September 1, 2011. Applications must be received by 5:00 p.m., Wednesday, December 22, 2010. Moved by Mims, seconded by Champion, to accept correspondence from Andy Douglas. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Champion reminded bicyclists and moped drivers to turn on their lights as it is getting darker earlier in the evenings, Council Member Wright echoed the same concerns. Council Member Wright reported that the Joint Emergency Communications Center proposed budget had been filed with Johnson County for the next fiscal year, and the Board would be discussing it at their December meeting. Mayor Pro tem Wilburn wished all those celebrating Thanksgiving, a happy holiday; and wished those travel a safe journey. Council Member Bailey reported on the Convention & Visitors Bureau (CVB) Luncheon held earlier in the day, and congratulated President Josh Schamberger for being involved ten years; congratulated West High Girls Volleyball team on their state championship, as well as all the all-state musicians, all-state band, all-state choir, and all- state orchestra. Council Member Dickens wished everyone a happy and safe Thanksgiving; and stated the Iowa Children's Museum Gala was November 19. Mayor Hayek wished Regina and West High good luck in the state football championship games. Moved by Wright, seconded by Dickens, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation; and to adjourn to executive session to evaluate the professional competency of individuals whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individuals' reputations and those individuals requested a closed session (City Attorney & City Clerk). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 7:23 p.m. Council returned to open session 8:16 p.m. Moved by Bailey, seconded by Wright, to adjourn meeting 8:17 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Matthew J. Hay tf'~AAayor J ~~ Mari n K. Karr, City C erk 4a 1 JOINT MEETING OCTOBER 20, 2010 MINUTES CALL TO ORDER: Mayor Hayek called the meeting to order at 4:30 P.M. WELCOME AND INTRODUCTIONS: Iowa City -Bailey, Champion, Hayek, Wilburn, Wright Staff present - Helling, Fosse, Karr, Davidson, Newmann, Baldridge UISG -Higgins, Swearingen North Liberty -Chipman, Salm, Donahue Staff present - Mulcahey Johnson County -Harney, Rettig, Sullivan, Neuzil, Stutsman Staff present -Johnson, Greazel, School District -Fields Staff present -Murley Tiffin -Phillips UPDATE FROM COUNTY AND CITY ASSESSORS: (Hand out -Johnson County (outside Iowa City) and Iowa City fact sheet) The discussion began with Johnson County Board of Supervisors' Stutsman noting that the County and City Assessors are present to give everyone some information regarding their predictions on what the State is going to do with the rollback, property taxes, etc. It was stated that this information would be helpful to everyone as they plan their next budget. County Assessor Greazel spoke first. He gave some background history on what the State traditionally does, and how this can affect the cities and the county. Greazel stated that the rollback is going to change this year. It is expected to be a rollback year, meaning governmental bodies can actually tax more without raising anyone's taxes. He further explained that there is a fine line that you have to watch, before you start to raise people's taxes. Greazel also noted that commercial property taxes have been seeing changes with the downturn in the market. City Assessor Baldridge stated that these figures are just preliminary, but that they do expect the real figures to be very close. UPDATE FROM SCHOOL DISTRICTS: School Board Member Fields asked for clarification on how this item ended up on today's agenda. City Councilor Champion noted that Iowa City put this on the agenda for an update from the School District. Fields asked if in the future they could be notified ahead of time about wanting information, so they can come prepared to the meeting. She then introduced the new School Board Superintendent Steve Murley. Supt. Murley addressed the group, speaking first to the Roosevelt Elementary issue. (Hand out Roosevelt Repurposing Study Group Minutes October 18, 2010). He noted that the Task Force has been created to develop future plans for the MINUTES JOINT MEETING October 20, 2010 Page 2 building, once it no longer houses students. Supt. Murley continued, stating that the School District is coming along nicely with the new Crossings development school plans. He added that the Communications Committee of the School District will be meeting again on October 26ch ROAD CONSTRUCTION PROJECTS CURRENT AND FUTURE: North Liberty Mayor Salm spoke first about road construction projects. He noted that phase one of the 965 project should be completed in mid-November. They will be doing this major project in phases, with next year being a design stage on the Scales Bend intersection. He also noted smaller. but still very important, projects such as turning lanes at Penn Street and the intersection of Golfview Drive. Acting Iowa City Asst. City Manager and Public Works Director Fosse spoke regarding Iowa City's road construction projects. He began with the 420th Street project, noting that they are in the process of converting this street from rural to urban. A similar project is taking place on Sycamore Street, from Burns Street to the city limits. There is also a pedestrian bridge being built over I-80, which should be completed next year. He continued, noting projects for 2011, such as the reconstruction of Lower Muscatine Road from Kirkwood Avenue to First Avenue, in addition to several pedestrian projects. In 2012, Fosse stated that the railroad grade separation at First Avenue will be a major project, as will intersection improvements on Burlington Street. Johnson County Board Supervisor Stutsman spoke on county projects. She reported that the 965, 120th Street project is finished. Another completed project is the four-corners intersection in Swisher. She noted that this is a vast improvement over what they previously had here. Stutsman also noted that the County is putting oversized shoulders in as they work on roads, and that they are attempting to work with conjoining cities and counties to see if they will do the same thing on their sections, so as to have more continuity. Supervisor Rettig added that the Conservation Board, along with JCCOG's help, applied for aTIGER-2 grant recently for wide shoulder paving, and they did not receive that grant. However, she stated that the Conservation Board did receive a REAP grant last week to do a section near Tiffin. UPDATE ON AREA IJOBS PROJECTS: Johnson County Board Supervisor Rettig spoke about the IJOBS projects for the county. She noted that the Armory project has gone well. Demolition is done, and concrete work is close to being completed. Iowa City's Interim City Manager Helling spoke about the City's IJOBS projects. The UniverCity project, in conjunction with the University, is going well. He also mentioned the wastewater treatment plant project and an expansion of the City's Literary Walk program. CITY MANAGER HIRING: Iowa City Mayor Hayek stated that the Council had selected Tom Markus from Birmingham, Michigan as the new City Manager. He is expected to begin his duties the first of December. MINUTES JOINT MEETING October 20, 2010 Page 3 ISSUES/PRIORITIES FOR THE 2011 LEGISLATIVE SESSION: Johnson County Board Supervisor Stutsman spoke about legislative priorities that the county would like to put forward, and asked the other entities to consider working on the same issues. She identified the first issue as unfunded mandates; noting that the county wants to make sure the legislators don't give counties and cities more things to do, and have them be unfunded mandates. Supervisor Stutsman mentioned TIF and the possibility of some modifications to the current legislation as another priority. Supervisor Rettig noted permitting fees, such as food licensing fees, have not been increased since 1991. Supervisor Stutsman noted the last major issue of mobile home parks and a revision to State Code 555. Iowa City Councilor Wilburn noted that Iowa City believes they have handled TIF use well, and he asked that others consider their model before making any changes. Mayor Hayek suggested that copies of the County's legislative priorities be distributed to the cities and school district for input. ALCOHOL VIOLATIONS AND POLICIES: North Liberty Mayor Salm and Council Member Donohue stated Council Member Kuhl had requested the item be placed on the agenda. They reported Council Member Kuhl was interested in a community or countywide policy perhaps requiring servers and bartenders to attend the TIPS training, regulating drink specials, granting all new bars a six month conditional license with some form of monitoring. This led to a discussion about a possible countywide ordinance for alcohol, but noting the Cities could repeal it. Supervisor Stutsman suggested the item be scheduled again at the next joint meeting after the November election. Supervisor Neuzil suggested entities identify issues that could be worked on together prior to the meeting. COUNTY DWELLING INSPECTION UPDATE: Johnson County Board Supervisor Rettig stated the County's is considering a property maintenance and housing code. She noted that they have been working on this issue for the past year, and hope to have a draft to share soon. Supervisor Sullivan suggested that North Liberty & Tiffin should notify whoever is doing housing inspections in their community to check in with the County Health Department because they are updating their regulations and be sure everyone is clear about the changes. JUSTICE CENTER PLANNING: Johnson County Board Supervisor Neuzil spoke to the Justice Center planning. He stated that the Coordinating Committee is creating a timeline for this project, and that they are getting ready to hire an architect to come up with building options. He briefly explained where they have been looking to build such a center, and some of the various issues they have run into while doing so. Supervisor Harney spoke to this issue, as well, stating that the Bar Association is adamant that the Center be downtown. He explained some of the discussions they have had with the Government Services Agency (GSA) over some possible `space trading.' Supervisor Sullivan stated a big piece of the "buy-in" from other entities involved what else would be placed on the ballot, for instance a school or a Center, noting anything else on the ballot presented a big challenge. Supervisor Harney noted the construction costs are getting higher, but so is transporting and housing of folks in alternative sites. MINUTES JOINT MEETING October 20, 2010 Page 4 BOARD OF SUPERVISORS REQUEST FOR ACTION RE: JECC: (Hand out -Joint Emergency Communications Center Concerns) Johnson County Board Supervisor Neuzil provided a handout that lists the issues that the County has with the Joint Emergency Communication Center. He asked that each entity consider these issues. Mayor Hayek suggested entities have the discussion internally and get back to Johnson County with comments. OTHER BUSINESS: Johnson County Board Supervisor Harney stated that he wanted everyone to be aware of the new weapon's law that will be coming online, and noting the Sheriff can not be as restrictive as he once could and must issue permits to those requesting them. He added that the Sheriff is very interested in how this is going to play out. Supr. Harney indicated he has asked the County Atty. to look into making it illegal to being a weapon into county buildings, noting there was a provision that allows communities and businesses to post signs saying they are not allowed. He suggested entity review the provision. Supervisor Rettig asked if others would be interested in inviting all governmental bodies within Johnson County to these joint meetings. After some brief discussion, others agreed that extending an invitation to all entities would be a good idea. UISG Representative Higgins asked if they shouldn't also invite a representative from the University to these meetings, as well. Everyone agreed to extending invitations. As the County hosts the next joint meeting, they will be sure to send notice to all governmental entities, and the University. SCHEDULE NEXT MEETING: The next meeting is set for February 23, 2011, at 4:30 P.M. and will be hosted by the County. ADJOURN: The meeting adjourned at 5:50 P.M. (A complete transcription is available in the City Clerk's Office and the City website) 77-7b-7U 4a 2 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 10/25/10 Iowa City City Council special meeting, 6:30 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. . Moved and seconded to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried. Moved and seconded to adjourn special meeting 6:40 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk ~~zti~~ ~ ~ °~~ Sum ed for publication - 10/27/10. ~_ ~•_,--'r,®~ CITY OF IOWA CITY 4a3 ~III~~~ ®~~~ RAND (~ ~ ~ E~C~ Date: November 10, 2010 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, October 25, 2010, 6:40 PM in Emma J. Harvat Hall Council: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright UISG: Higgins Staff: Helling, Dilkes, Fosse, Karr, Davidson, Goers, Dulek, Long, Rackis, Boothroy, O'Malley (A complete transcription is available in the City Clerk's Office and the City website) ADDITION TO THE AGENDA Council agreed to add item # 6J to the formal agenda - a recommendation to the Johnson County Board of Adjustment for 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 generally west of the Iowa River and east of Oak Crest Hill Road. COUNCIL APPOINTMENTS Board of Adjustment -readvertise, no applicants Board of Appeals -readvertise, no applicants Human Rights Commission -appoint Orville Townsend, Jr; David Brown; and Diane Finnerty Parks & Recreation Commission - readvertise for gender balance requirement Public art Advisory Committee -readvertise, no applicants Senior Center Commission -reappoint Jay Honohan and Michael Lensing Youth Advisory Commission -readvertise, no applicants AGENDA ITEMS 1. (Consent Calendar # 4g(8) -correspondence from Rev. Rudolph Juarez re Sanctuary City Ordinance) Council Member Dickens requested the ordinance be scheduled for an upcoming work session. After discussion it was agreed the item would be scheduled for a work session after the first of the year. City Atty. Dilkes stated she would prepare a legal opinion prior to the work session. 2. (Agenda item # 13 -resolution approving professional light and sound specifications sheet for entertainment venues) In response to Council member Bailey, City atty. Dilkes stated that ACA Goers had worked with representatives in the industry to compile the list. 3. (Agenda item # 15 -resolution amending budgeted positions ... full time grant accountant) In response to Council Member Bailey, Interim City Manager Helling clarified that the City had reached an agreement with the Bargaining Unit to treat the position as a permanent full time employee but without accruing seniority; when funding runs out the position is terminated and there would be no bumping privileges. Council Work Session October 25, 2010 Page 2 4. (Agenda item # 9 -renewal of liquor license for Sauce ... 108 E. College Street) City Atty. Dilkes requested that the hearing and recommendation to deny both be deferred indefinitely to seek guidance from the bankruptcy court. 5. Mayor Hayek noted that many of the Planning & Zoning items were connected to a rezoning and it was decided to wait until the next evening to discuss, rather than take time at the work session on a few. LOCATION OF AFFORDABLE HOUSING PCD Director Davidson, Associate Planner Hightshoe, and Community Development Director Long present for discussion on the following materials: - Memo (distributed loose in 10/21 info packet) October 25 Work Session; Affordable Housing Discussion - Map (distributed at the work session) CDBG/HOME City-Assisted Rental Housing, LIHTC, and HUD Project-based Rental Housing Housing Coordinator Rackis also present for discussion. Identified concerns as concentration of poverty, economic diversity in neighborhoods and effects/impacts on schools. After discussion Council directed staff to contact the School District for further information; provide map to indicate available vacant platted lots; explore using other boundaries rather than school boundaries (i.e. neighborhoods and income); explore options to use GIS database to provide information; provide chart summarizing inclusionary zoning in different cities across the country; STAFF ACTION: Proceed as outlined above and schedule further discussion at the November 15 work session. (Davidson) COUNCIL LEGISLATIVE PRIORITIES FOR 2011 (IP2] After discussion a majority of Council directed staff to prepare a resolution identifying three major categories: • Alcohol -local regulatory • Economic Development - TIF and hotel-motel tax • Iowa League of Cities and Metropolitan Coalition Priorities -particularly Municipal Fire & Police Retirement systems STAFF ACTION: Prepare resolution for November 16 formal agenda. (Helling) INFORMATION PACKET DISCUSSION [Oct 14, 21] October 14 -none October 21 - (IP5 Kirkwood Avenue /Summit Street Intersection) PCD Director Davidson present for discussion. Council directed staff to conduct a traffic and pedestrian study of the corridor; to start this fall and finishing next spring. COUNCIL TIME Council Member Dickens reported on his Roosevelt School Closing Task force meeting and stated he was meeting with City representatives to see if the City might be interested in the building. He stated there appeared to be no City interest in the building and would keep Council updated as the task force meetings proceed. BUDGET PRIORITIES City Clerk Karr stated a draft budget schedule will be in the packet and discussed at the next meeting. STAFF ACTION: Draft prepared and in the packet for discussion on November 15. (Karr) Council Work Session October 25, 2010 Page 3 SUMMARY OF PENDING WORK SESSION ISSUES [IP3] 1. Interim City Manager Helling stated he would be adding discussion of Sanctuary City and the urban renewal plan for the near southside to the pending list. He noted time would have to be set aside at the upcoming meeting to complete discussion on affordable housing. Mayor Hayek stated that City Clerk Karr would be contacting Council individually to look at scheduling additional work sessions for completion of the affordable housing discussion. 2. Mayor Hayek requested that discussion of the brick street repair /funding strategy be scheduled prior to the budget / CIP discussion. 3. Council Member Bailey requested that single stream recycling be discussed prior to budget deliberations. Acting Asst. City Manager and Public Works Director Fosse stated he would check on when the item would be ready for discussion and report at the next work session. UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS 1. Council Member Bailey reminded everyone of the Corridor Welcome Reception at ACT on November 8 from 6-8 PM. Council Member Mims will send the invitation to City Clerk Karr to include in the next information packet. 2. UISG Rep. Higgins stated former UISG representative Jeff Shipley sent him information to pass along re Ron Paul speaking at the IMU main lounge on October 29. 3. Mayor Hayek and Council Member Bailey reminded everyone that Governor Culver would be in Iowa City on October 26 for a press conference on rail service to Chicago. DISCUSSION OF MEETING SCHEDULES City Clerk Karr stated a new schedule would be in the next packet. Meeting adjourned 9:10 PM. 4a 4 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 10/26/10 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, 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 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: 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 Grizzly's South Side Pub, 1210 Highland Ct.; Class C Liquor License for Old Capitol Brew Works and Public House, 525 S. Gilbert St.; Outdoor Service area for Old Capitol Brew Works and Public House, 525 S. Gilbert St.; Class C Liquor License for Jobsite, 928 Maiden Ln.; Class C Liquor License for DC's, 124 S. Dubuque St.; Class E Liquor License for Wal-Mart Store #1721, 1001 Hwy 1 W.; Class C Liquor License for Oaknoll Retirement Residence, 1 Oaknoll Ct.; Class B Beer Permit for 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; (2) FIXING A DATE FOR A PUBLIC HEARING ON NOVEMBER 30, 2010 ON THE Official Actions October 26, 2010 Page 2 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. 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; Official Actions October 26, 2010 Page 3 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. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded to set 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). The Mayor declared the motion carried. 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); 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). Moved and seconded 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). Moved and seconded 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). 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 and seconded to accept correspondence from Jason Cohn. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded that the that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 10-4408, REZONING 175 ACRES OF LAND LOCATED ON 420T" STREET WEST OF TAFT AVENUE FROM GENERAL INDUSTRIAL (11) AND INTERIM DEVELOPMENT - Official Actions October 26, 2010 Page 4 * REVISED 11/12/10 INDUSTRIAL (ID-I) TO PLANNED DEVELOPMENT OVERLAY -GENERAL INDUSTRIAL (OPD-11) (REZ10-00007), be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to adopt RES. 10-459, APPROVING THE PRELIMINARY PLAT OF THE IOWA CITY INDUSTRIAL CAMPUS, IOWA CITY, IOWA. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 10-4409, 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 declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to adopt RES. 10-460, APPROVING THE PRELIMINARY PLAT OF MOSS GREEN URBAN VILLAGE, IOWA CITY, IOWA. Moved and seconded 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 generally west. The Mayor declared the motion carried. Moved and seconded 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. 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. Moved and seconded to adopt RES. 10-462, AUTHORIZING THE CONVEYANCE OF A UTILITY EASEMENT TO MIDAMERICAN ENERGY ACROSS THE WEST 10' OF THE VACATED BELDON AVENUE. Moved and seconded 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. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 10- 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Official Actions October 26, 2010 Page 4 INDUSTRIAL (ID-I) TO PLANNED DEVELOPMENT OVERLAY -GENERAL INDUSTRIAL (OPD-11) (REZ10-00007), be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to adopt RES. 10-459, APPROVING THE PRELIMINARY PLAT OF THE IOWA CITY INDUSTRIAL CAMPUS, IOWA CITY, WA. Moved and seconded that the rule requiring ordinan s to be considered and voted on for final passa eat two Council meetings prior to the meet' gat which it is to be finally passed be susp ded, the second consideration and vot be waived, and that ORD. 10- 4409, CONDITIO LY REZONING APPROXIMATEL 60.32 ACRES OF LAND FROM INTERIM DEVELOP NT-RESEARCH PARK (ID-RP , TO OVERLAY PLANNED DEVELOPMENT -OFFI RESEARCH PARK (OPD ORP); AND APPROXIMATELY 56.48 ACRES OF LAND FROM TERIM DEVELOPME -RESEARCH PARK (ID-RP) TO OVERLAY PLANNED DEVE PMENT-RESEAR H DEVELOPMENT PARK (OPD-RDP); AND APPROXIMATELY 24.49 RES OF LAN FROM INTERIM DEVELOPMENT- RESEARCH PARK (ID-RP) TOO RLAY P NED DEVELOPMENT-MIXED USE (OPD- MU) FOR PROPERTY LOCATED N THW T OF THE INTERCHANGE OF STATE HIGHWAY 1 WITH INTERSTATE 80. ( Z -00004) (SECOND CONSIDERATION) be voted on for final passage at this time. Th ayor declared the motion carried. Moved and seconded that the ordinance be finally a pte at this time. Moved and seconded to adopt S. 10- ,APPROVING THE PRELIMINARY PLAT OF MOSS GREEN URBAN VILLAG , IOWA CIT OWA. Moved and seconded to reco mend to the Jo son County Board of Adjustment approval of a temporary condition use permit for S & Materials to allow asphalt and concrete recycling and storage a their existing sand minin site located generally west. The Mayor declared the motion carr' d. Moved and seconded t adopt RES. 10-461, AUTHOR ING THE MAYOR TO SIGN AND THE CITY CLERK TO TTEST AN AGREEMENT FOR P VATE REDEVELOPMENT BY AND BETWEEN MOS GREEN DEVELOPMENT CORPO ION AND THE CITY OF IOWA CITY FOR THE D ELOPMENT OF MOSS GREEN URB VILLAGE. A public hearing as held on a resolution authorizing the con nce of a utility easement to MidAmer' an Energy across the west 10' of the vacated on Avenue. Moved ands onded to adopt RES. 10-462, AUTHORIZING T ONVEYANCE OF A UTILITY EASEM NT TO MIDAMERICAN ENERGY ACROSS THE WIGS 10' OF THE VACATED BELD N AVENUE. '' Moved d seconded to defer indefinitely a hearing and motion to de'n~ in accordance with staff rec mendation a Class E Liquor License for Sauce, Inc. dba Sauc , 108 E. College Str t. The Mayor declared the motion carried. Mo d and seconded that the rule requiring ordinances to be considered d voted on for final ssage at two Council meetings prior to the meeting at which it is to be finally passed a suspended, the second consideration and vote be waived, and that ORd. ~10- 4410, MENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY," CHAPTER 10, ENT LED "SMOKE FREE PLACES," TO CHANGE THE VIOLATION FROM A MUNICIPAL INF ACTION TO A SIMPLE MISDEMEANOR, be voted on for final passage at this time. T e Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Official Actions October 26, 2010 Page 5 Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 10- 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to adopt RES. 10-463, APPROVING THE PROFESSIONAL LIGHT AND SOUND SPECIFICATION SHEET FOR ENTERTAINMENT VENUES. Moved and seconded to adopt RES. 10-464, APPROVING PAULA RATIO STANDARDS FOR ENTERTAINMENT VENUES. Moved and seconded 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). Moved and seconded 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. Official Actions October 26, 2010 Page 6 * REVISED 11/12/10 Moved and seconded 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]. Moved and seconded to adopt RES. 10-468, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT. Moved and seconded 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. Moved and seconded to adopt RES. 10-469, RATIFYING SETTLEMENT OF PENDING LITIGATION. Moved and seconded 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. 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 afive-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 Official Actions October 26, 2010 Page 6 Moved and seconded 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 REC NSTRUCTION PROJECT [STP-U-3715(637)--70-52]. Moved and seconded to adopt RES. 10-468, AUTHORIZING TH ACQUISITION OF PROPERTY INTE~ESTS NECESSARY FOR CONSTRUCTION OFT E LOWER MUSCATINE ROAD ECONSTRUCTION PROJECT. Moved and sec nded to defer to November 16, a resolution a arding contract and authorizing the Mayor to ign and the City Clerk to attest a contract r construction of the Terry Trueblood Recreati Area Phase Two Improvements Proje .The Mayor declared the motion carried. Moved and seconded t adopt RES. 10-469, RATIFYIN SETTLEMENT OF PENDING LITIGATION. Moved and seconded tom a the following appointm nts to Boards and Commissions: appoint Orville Town nd, Sr, 713 Whiting A enue, David Brown, 2621 Walden Road, Diane Finnerty, 728 D rborn Street, to th Human Rights Commission for three-year terms January 1, 2011 -Jan ary 1, 2014; re- ppoint Jay Honohan, 1510 Somerset Lane, and Michael Lensing, 41 E. Fairchild treet, to the Senior Center Commission for three-year terms January 1, 2011 - D cember 31, 2013. The Mayor noted no applications were eceive or gender balance requirements met for the following Boards and Commissions, all 'll b readvertised: Adjustment, Board of, for a five-year term January 1, 2011 -January 1, 20 6 Appeals, Board of, for afive-year term January 1, 2011 -December 31, 2015, for a Licen ed Electrician; Parks & Recreation Commission for two vacancies for four-year term J uary 1, 2011 -January 1, 2015; Public Art Advisory Committee for two vacancies to fill t ree- ar terms January 1, 2011 -January 1, 2014; Youth Advisory_Commission two vaca ies for ity High and West High for two-year terms January 1, 2011 -December 31, 2012. Applicants UST reside in Iowa City and be 18 years of age unless specific qualifications re stated. [S ff will not publish additional notices after a period of six publications; but ill continue to a vertise vacancies with postings and on the Council agenda. How er, no additional p blication costs will be incurred.] The Mayor noted the previously a ounced vacancies: Airp rt Commission for an unexpired term, effective upon appoint nt, ending March 1, 2013; irport Zoning Brd of Adjustment for an unexpired term, effe ive upon appointment, plus a 've-year term January 1, 2007 -December 31, 2011; Airport oning Brd of Adjustment for a fiv -year term January 1, 2009 -December 31, 2013; Airpo Zoning Commission for asix-year t rm January 1, 2006 -December 31, 2011; Airport oning Commission for asix-year term anuary 1, 2010 -December 31, 2015; Appeals, B and of, for afive-year term January 1, 20 -December 31, 2013, for a Mechanical Profe sional; Police Citizens Review Board for fill unexpired term, effective upon appointment, ending September 1, 2012; Telecommunications Commission for an unexpired berm, 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 Official Actions October 26, 2010 Page 7 for Tate High representative January 1, 2011 -December 31, 2012. Applications must be received by 5:00 p.m.,' Wednesday, December 1, 2010. Moved and sec nded to adjourn meeting 7:50 p. .The Mayor declared the motion carried. A more complete escription of Council Activiti sand disbursements is on file in the office of the City Clerk an Finance Department. s/Matthew J. Hayek, M or Attest: s/Marian K. Karr, Cit Clerk Submitted for publication - 11/3(10. Official Actions October 26, 2010 Page 7 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. Moved and seconded to adjourn meeting 7:50 p.m. The Mayor declared the motion carried. A more complete description of Council Activities and disbursements is on file in the office of the City Clerk and Finance Department. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, Cit Clerk ~ ~~~~~„~ ~ ~~i.i Submitt d for publication - 1/3/10. l~~ ~C~ 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 25, 2010 Iowa City City Council special meeting, 6:30 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Staff members present: Helling, Dilkes, Karr. Moved by Champion, seconded by Mims, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 6:31 p.m. Council returned to open session 6:39 p.m. Moved by Wright, seconded by Champion, to adjourn special meeting 6:40 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk 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 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 approximately 1.85 acres of land located at 4764 420th Street SE from County Heavy Industrial (MH) to General Industrial(I-1) (REZ10-00012). The Mayor declared 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, 14-46-2 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- lood Plain Development Permit, be given first vote. Affirmative roll call vote unanimous, 6/ ,Wilburn absent. The Mayor declared the otion carried. Moved by iley, seconded by Champion, that th that the rule requiring ordinances to be considered and vo don for final passage at two Co ncil meetings prior to the meeting at which it is to be finally p sed be suspended, the seco d consideration and vote be waived, and that ORD. 10-4408, R ONING 175 ACRES OF ND LOCATED ON 420TH STREET WEST OF TAFT AVENUE F M GENERAL INDU RIAL (11) AND INTERIM DEVELOPMENT -INDUSTRIAL ID-I) TO PLANN D DEVELOPMENT OVERLAY - GENERAL INDUSTRIAL (OPD-11) EZ10-00007 , be voted on for final passage at this time. Affirmative roll call vote unanimous, ,Wilburn bsent. The Mayor declared the motion carried. Moved by Bailey, seconded by right, at the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, /0, ilburn absent. The Mayor declared the ordinance adopted. Moved by Bailey, seconded by Mims, dopt RES. 10-459, APPROVING THE PRELIMINARY PLAT OF THE IOWA CITY D TRIAL CAMPUS, IOWA CITY, IOWA. PCD Director Davidson present for discus on. A ative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the esolution a opted. Moved by Wright, seconded by ckens, that th rule requiring ordinances to be considered and voted on for final pass ge at two Counci eetings prior to the meeting at which it is to be finally passed be sus ended, the second c nsideration and vote be waived, and that ORD. 10-4409, CONDITIO ALLY REZONING APP OXIMATELY 60.32 ACRES OF LAND FROM INTERIM DEVE PMENT-RESEARCH PA (ID-RP), TO OVERLAY PLANNED DEVELOPMENT -OF CE RESEARCH PARK (OPD ORP); AND APPROXIMATELY 56.48 ACRE OF LAND FROM INTERIM DE LOPMENT-RESEARCH PARK (ID-RP) TO OVERLAY NNED DEVELOPMENT-RESEA CH DEVELOPMENT PARK (OPD-RDP); AND APP OXIMATELY 24.49 ACRES OF LAN FROM INTERIM DEVELOPMENT-RESEARC PARK (ID-RP) TO OVERLAY PLANNE DEVELOPMENT- MIXED USE (OPD-MU) FO PROPERTY LOCATED NORTHWEST O THE INTERCHANGE OF STA HIGHWAY 1 WITH INTERSTATE 80. (REZ1 -00004) (SECOND CONSIDER ION) be voted on for final passage at this time. a Mayor asked Council Members to di cuss any ex pane communications, and none were r noted. Affirmative roll call vo a unanimous, 6/0, Wilburn absent. The Mayor declared he motion carried. Moved by right, seconded by Mims, that the ordinance be finally ado ted at this time. Affirmative r II call vote unanimous, 6/0, Wilburn absent. The Mayor decla ed the ordinance adopt Moved b Champion, seconded by Mims, to adopt RES. 10-460, APPROVI G THE PRELIMINAR PLAT OF MOSS GREEN URBAN VILLAGE, IOWA CITY, IOWA. P D Director Dav' son present for discussion. Affirmative roll call vote unanimous, 6/0, W burn absent. Th Mayor declared the resolution adopted. t 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 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 afive-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, Mayor Marian 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 P OPERTY INTERESTS NECESS RY FOR CONSTRUCTION OF THE LOWER MUSCATINE ROAD RECONSTRUCTION P JECT. Affirmative roll call vote unanimous, 6/0, Wilbur absent. The Mayor declared t e resolution adopted. Moved by Wright, econded by Dickens, to def r to November 16, a resolution awarding contract and aut rizing the Mayor to sign nd the City Clerk to attest a contract for construction of the Terry Tru blood Recreation Are Phase Two Improvements Project. The Mayor declared the motion ca ied unanimously, 6/ ,all Council Members present. Moved by Bailey, second d by Mims, to ad pt RES. 10-469, RATIFYING SETTLEMENT OF PENDING LITI ATION, (Log en). Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor dec red the re olution adopted. Moved by Bailey, seconded by ims, t make the following appointments to Boards and Commissions: appoint Orville Tow end Sr, 713 Whiting Avenue, David Brown, 2621 Walden Road, Diane Finnerty, 728 Dearb r Street, to the Human Rights Commission for three-year terms January 1, 2011 -Janua 1, 2014; re-appoint Jay Honohan, 1510 Somerset Lane, and Michael Lensing, 411 .Fairchild Street, to the Senior Center Commission for three-year terms Janua 1, 2 11 -December 31, 2013. The Mayor noted no applications ere re eived or gender balance requirements met for the following Boards and Commissi ns, all wil a readvertised: Adjustment, Board of, for a five-year term January 1, 2011 - Ja uary 1, 201 ~ Appeals, Board of, for afive-year term January 1, 2011 -December 31, 201 , for a Licens Electrician; Parks & Recreation Commission for two vacancies for fo r-year terms Jan ary 1, 2011 -January 1, 2015; Public Art Advisory Committee for two vac ncies to fill three-y r terms January 1, 2011 -January 1, 2014; Youth Advisory_Commiss' n two vacancies for 'ty High and West High for two-year terms January 1, 2011 - Decemb r 31, 2012. Applicants UST reside in Iowa City and be 18 years of age unless specific alifications are stated. [St ff will not publish additional notices after a period of six pub cations; but will continue to dvertise vacancies with postings and on the Council a nda. However, no additional ublication costs will be incurred.] The Mayor noted the reviously announced vacancies: Ai ort Commission for an unexpired term, effective up n appointment, ending March 1, 201 ;Airport Zoning Brd of Adjustment for an unexpire term, effective upon appointment, plu afive-year term January 1, 2007 -December 31, 2 1; Airport Zoning Brd of Adjustment for five-year term January 1, 2009 -December 31, 2 13; Airport Zoning Commission for asix-y r term January 1, 2006 -December 31, 20 1; Airport Zoning Commission for asix-year rm January 1, 2010 -December 31, 2015; peals, Board of, for afive-year term January 2009 -December 31, 2013, for a Mechan' al Professional; Police Citizens Review Board f fill an unexpired term, effective upon a ointment, ending September 1, 2012; Telecommu ications Commission for an u xpired term, effective upon appointment, ending Ma h 13, 2011; Youth Advisory Commission for an At Large unexpired term, effective upon a pointment, ending December 31, 2011; Youth Advisory Commission for atwo-year term f Tate High representative January 1, 2009 -December 31, 2010. Applications must be re ived 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 repres ntative January 1, 2011 -December 31, 2012. Applications must be received by 5:00 p.m. Wednesday, December 1, 2010. Council Memb Bailey encouraged citizens to vote on Nove er 2; recognized the City's UniverCity Neigh orhood Partnership affordable housing pro am on being chosen as the recipient of A Thousa d Friends of Iowa, 2010 Best Develop nt Award in the best renovated residential cate ry; and wished everyone a Happy Iloween, asking residents to have fun and be safe. Council Member Cham ~on wished everyone a H residents to vote. Mayor Hayek acknowledge news received the p passenger rail service to Chicago. Acting Asst. City Manager, an ublic Works Di on the First Avenue grade separation p 'ect was bei g track at a later time. Moved by Mims, seconded by Wrigh to declared the motion carried unanimously, 6/ , ~ Iloween and reminded us day on federal funding for actor, Fosse clarified that the bridge designed to accommodate a second burn meeting 7:50 p.m. The Mayor urn absent. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk