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HomeMy WebLinkAbout2010-11-30 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 30, 2010 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Staff members present: Helling, Fosse, Holecek, Karr, Davidson, O'Malley. The Mayor presented Outstanding Student Citizenship Awards to Lincoln Elementary students: Mae McDonough, Will Peterson, Simran Sarin. Moved by Champion, seconded by Mims, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk. November 15, Regular Council Work Session; November 16, Regular 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): Board of Adjustment -October 13, 2010; Human Rights Commission -October 19, 2010; Youth Advisory Commission -October 3, 2010; Airport Commission -October 14, 2010; Telecommunications Commission -October 24, 2010; Planning and Zoning Commission -October 21, 2010. Permit Motions and Resolutions as recommended by the City Clerk. New: Class B Native Wine Permit for Lyla, LLC, dba Lyla's Boutique, 211 E. Washington St. Renewal: Class C Liquor License for Inc., Limited, dba Sanctuary Restaurant, 405 S. Gilbert St.; Special Class C Liquor License for Pagliai's Pizza Palace, Ltd., dba Pagliai's Pizza, 302 E. Bloomington St.; Class C Beer Permit for Sector, Inc., dba Creekside Market, 2601 Highway 6 E.; Class C Liquor License for Lusati, Inc., dba Quinton's Bar & Deli, 215 E. Washington St.; Motion: Approve disbursements in the amount of $13,582,948.76 for the period of October 1 through October 31, 2010, as recommended by the Finance Director subject to audit. Public Hearing: Set a public hearing for January 10, 2011 regarding an amendment to Iowa City's FY11 Annual Action Plan, that is a sub-part of Iowa City's 2011-2015 Consolidated plan (a.k.a. City Steps). Resolutions: RES. 10-497, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2512 ASTER AVENUE, IOWA CITY, IOWA; RES. 10-498, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 2016 WESTERN ROAD, IOWA CITY, IOWA; RES. 10-499, ACCEPTING THE WORK FOR THE IOWA CITY KICKERS SOCCER PARK RENOVATION PROJECT; RES. 10-500, ACCEPTING THE WORK FOR THE STORM SEWER, TILE LINES, WATER MAIN, SANITARY SEWER, AND PAVING PUBLIC IMPROVEMENTS FOR MOUNT PROSPECT Complete Description November 30, 2010 Page 2 ADDITION, PART IX, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Correspondence: Taft Speedway and Idyllwild letters from Ruth Scott Smith, James White (2), Joel Wilcox (2), Betty Jo Wilcox; Joseph Greathouse, Robert Benson, William & Lyda Brown, Sally Cline (2), Miriam Newman, Philip Reisetter, Karen Lessner, Kurt Kimmerling, Martha Monick (2), Jeanne Hartman, Dale Simon, Susie Pappas, Mike & Ginger Crawford, Willis & Beverly Johansen, Terry Miller Chait, Carole & Lyle Seydel, Robert Fellows, Mary Kathryn Wallace, Gerald & Lois Gerard, Jean Davidson, Joe & Barbara Tobin, Bruce & Mary Gantz, Karlen Fellows, Edwin Warth; Jeff Haring regarding Affordable housing; Fami Kiche regarding 21 Ordinance; Ann Weiser regarding Closing of Budcat Creations; Scott Hansen regarding Support for multi-use trail; Deborah Thornton regarding Atlanta's public/low income housing improvements; Letters from Amanda Stevens, Amy Schoon, Steve Soboroff regarding Police reports [staff responses included (2); John Thomas regarding Gilbert Street Streetscape [staff response included]. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Caroline Dieterle, 727 Walnut, appeared re pedestrian safety concerns at the intersection of Madison and Burlington Streets; noted Council had request from area legislators more local authority on alcohol matters, and asked for the same authority for toxic lawn chemicals; stated she was happy Council had decided not to go with single stream recycling and encouraged more City options for recycling fluorescent bulbs and glass. Moved by Wright, seconded by Bailey, to set a public hearing for January 10th on an ordinance rezoning approximately 49.3-acres of land located at First Avenue and Muscatine Avenue and amending Section 14-3C of the Zoning Code to establish the Towncrest Design Review Overlay District (REZ10-00015). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance rezoning approximately 1.38-acres of land located at 385 Ruppert Road from Intensive Commercial (CI-1) to Institutional Public Zone (P-2) (REZ10-00009). PCD Director Davidson present for discussion. The Mayor asked for ex parte communications, and none were reported. Moved by Bailey, seconded by Dickens, that the ordinance rezoning approximately 1.38-acres of land located at 385 Ruppert Road from Intensive Commercial (CI-1) to Institutional Public Zone (P-2) (REZ10-00009), be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on 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 Auditor's Parcel 2002301, Terrell Mill Park Area, and certain city-owned land west of Scott Boulevard; and from Interim Development Multi-Family Residential (ID-RM) Zone for property located north of McCollister Boulevard (REZ10-00011). The Mayor asked for ex parte Complete Description November 30, 2010 Page 3 communications, and none were reported. PCD Director Davidson and Acting Asst. City Manger & Public Works Director Fosse present for discussion. Moved by Champion, seconded by Mims, that the 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 Auditor's Parcel 2002301, Terrell Mill Park Area, and certain city-owned land west of Scott Boulevard; and from Interim Development Multi-Family Residential (ID-RM) Zone for property located north of McCollister Boulevard (REZ10- 00011), be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on a resolution for a voluntary annexation of approximately 1.85 acres of property located at 4764 420t" St SE, Johnson County (ANN10-00004); and on an ordinance rezoning approximately 1.85 acres of land located at 4764 420t" Street SE from County Heavy Industrial (MH) to General Industrial (I-1) (REZ10-00012). PCD Director Davidson present for discussion. The Mayor asked for ex parte communications, and none were reported. Moved by Bailey, seconded by Mims, to adopt RES. 10-501, FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 1.85 ACRES OF PROPERTY LOCATED AT 4764 420T" ST SE, JOHNSON COUNTY (ANN10-00004). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Wilburn, that the ordinance rezoning approximately 1.85 acres of land located at 4764 420t" Street SE from County Heavy Industrial (MH) to General Industrial (I-1) (REZ10-00012), be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on a resolution approving proceeding with the issuance and sale of not to exceed $2,400,000 aggregate principal amount of Midwestern Disaster Area Revenue Bonds (EPS Properties LLC Project) Series 2010 of the City of Iowa City, Iowa, and related matters. Moved by Wright, seconded by Bailey, to adopt RES. 10-502, APPROVING PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $2,400,000 AGGREGATE PRINCIPAL AMOUNT OF MIDWESTERN DISASTER AREA REVENUE BONDS (EPS PROPERTIES LLC PROJECT) SERIES 2010 OF THE CITY OF IOWA CITY, IOWA, AND RELATED MATTERS. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Wilburn, that the ordinance amending Title 16 of the City Code, entitled "Public Works," Chapter 3, entitled, "City Utilities," Article G, entitled "Storm Water Collection, Discharge and Runoff," and Title 17, entitled, "Building and Housing" Chapter 8, entitled, "Grading Ordinance," to make the civil penalty for violating erosion control provisions an enhanced civil penalty and to amend the definition of pollutant, Complete Description November 30, 2010 Page 4 be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. 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. 10-4415, 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 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 Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by Mims, to adopt RES. 10-503, DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH SPECIFIED PROJECTS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Wright, to adopt RES. 10-504, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A GRANT AGREEMENT WITH THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR DEVELOPMENT OF THE TERRY TRUEBLOOD RECREATION AREA -PHASE TWO PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Wilburn, to adopt RES. 10-505, ON UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2011 FOR THE CITY ATTORNEY AND CITY CLERK. Council Member Wright stated the increase was in line with increases of other City employees. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies on Boards and Commissions: Adjustment, Board of for afive-year term January 1, 2011 -January 1, 2016; Airport Commission for an unexpired term, effective upon appointment, ending March 1, 2013; Airport Zoning Brd of Adjustment for an unexpired term, effective upon appointment, plus a five-year term January 1, 2007 -December 31, 2011; Airport Zoning Brd of Adjustment for a five-year term January 1, 2009 -December 31, 2013; Airport Zoning Commission for asix- yearterm January 1, 2006 -December 31, 2011; Airport Zoning Commission for asix-year term January 1, 2010 -December 31, 2015; Appeals, Board of for afive-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Appeals, Board of for afive- yearterm 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; 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 January 1, 2011 -December 31, 2012 for (1) person City High and (1) person West High; Youth Advisory Commission for atwo-year term January 1, 2011 -December 31, 2012 for Complete Description November 30, 2010 Page 5 (1) person -Tate High; Youth Advisory Commission for an unexpired term, effective upon appointment, ending December 31, 2011 for (1) person - At Large. Applications must be received by 5:00 p.m., Wednesday, December 1, 2010. 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. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council Member Dickens invited everyone downtown to "Celebrate the Seasons" events planned the first week-end in December; congratulated Solon and Regina on their State Championships, and City High on the "almost" Championship. Council Member Bailey noted the remarks earlier in the meeting from Caroline Dieterle re the intersection of Burlington & Madison streets and asked staff to look at other transportation adjustments to the intersection. Staff will follow up. Council Member Wright stated Ms. Dieterle also made a good point re lawn chemicals; welcomed new City Manager Tom Markus and thanked Interim City Manager Helling and Acting Asst. City Manager Fosse for doing terrific jobs during the transition. Council Member Champion echoed remarked about the tremendous job done by Interim City Manager Helling and Acting Asst. City Manager Fosse; and stated she liked Caroline Dieterle's request to make recycling fluorescent bulbs easier. Mayor Hayek stated the Council and community's appreciation for the work done by Interim City Manager Helling and Acting Asst. City Manager Fosse; welcomed new City Manager Tom Markus, and invited everyone to an open house planned to welcome him on Thursday, December 9, in City Hall from 4:00 PM to 6:30 PM. Acting Asst. City Manager and Public Works Director Fosse reported that the City was working on a drop off program for fluorescents bulbs and details would be forthcoming. Moved by Wright, seconded by Bailey, to adjourn meeting 7:40 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. /l.,t : ~ n Matthew J. Hayek, ayor ~ ,, L~ Mari n K. Karr, City Clerk r ~;,:,,~~ CITY OF l4WA CITY 3a(1 ,~~,~~ RA ~ D C~ ~ ~E~C~ Date: November 15, 2010 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, November 15, 2010, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright UISG: Higgins Staff: Helling, Dilkes, Fosse, Karr, Rackis, Boothroy, Davidson, Ford, Ackerson, Dulek, Hightshoe, Long, Moran (A complete transcription is available in the City Clerk's Office and the City website) COUNCIL APPOINTMENTS Airport Commission - re-advertise, gender balance Airport Zoning Board of Adjustment - re-advertise, no applicants Airport Zoning Board of Adjustment - re-advertise, no applicants Airport Zoning Commission - re-advertise, no applicants Airport Zoning Commission - re-advertise, no applicants Board of Appeals - re-advertise, no applicants Police Citizens Review Board - Melissa Jensen Telecommunications Commission - re-advertise, gender balance Youth Advisory Commission (X2) - re-advertise, no applicants AGENDA ITEMS 1. (Item # 13 -Legislative priorities) After discussion, a majority agreed to the resolution as presented. ECONOMIC DEVELOPMENT PROJECTS UPDATE [agenda #7, IP#2] PCD Director Davidson and Economic Developer Ford delivered a power point presentation and distributed "Iowa City -Single Family New Construction Rounds 1, 2, & 3" (archived) Interim City Manager LOCATION OF AFFORDABLE HOUSING [IP#3] PCD Director Davidson, Community Development Coordinator Long, Associate Planner Hightshoe, Asst. Transportation Planner Ackerson, and City Attorney Dilkes presented information and provided a power point presentation (archived). After discussion Council agreed: - Staff had summarized Council concerns where affordable housing funded by the City could be located - Expressed satisfaction with the information provided by the school district - Approved use GIS evaluation based system, and purchase $2,500 software STAFF ACTION: Proceed as outlined. (Davidson) Council Work Session November 15, 2010 Page 2 INFORMATION PACKET DISCUSSION (Nov 4 & 10J & COUNCIL TIME 1. (IP6 of 10/29 Info Packet -Memo from Public Works Director re Urban Phosphorus Issues of Concern) Mayor Hayek thanked staff for the information, and noted disappointment that Iowa prohibited regulation. 2. (# 4g(6) October 26 Formal agenda) Interim City Manager Helling noted previous correspondence from Amber Miller re the outdoor service area for Hideaway Tavern & Grill, and stated staff would be recommending an ordinance amendment to allow such a use in the CB zone, consistent with public property. Majority agreed to proceed with the amendment. 3. (IP7 of 11/10 Info Packet -Memo from City Clerk re KXIC Radio Show) Council Members agreed to the following schedule: November 17 -Mims November 24 -Dickens December 1 -Champion December 8 -Wright December 15 -Mims December 22 -Hayek December 29 -Champion January 5 -Open 4. (IP5 of 11/10 Info Packet -Meeting and budget schedule for January thru March) After discussion Council agreed to following schedule: January 5 -Wednesday Special BUDGET work session, 7:30 AM - 4:00 PM (CIP & Budget Overview) January 10 -Monday Special work session, TBD; Special Formal 7:00 PM January 13 -Thursday Special BUDGET work session, 6:30 PM January 17 -Monday, HOLIDAY January 18 -Tuesday Special BUDGET work session (Boards/Commission/Events), 7:00 PM January 24 - Monday Special work session, TBD January 25 - Tuesday Special formal, 7:00 PM January 27 - Thursday Special BUDGET work session, 6:30 PM (if needed) January 31 -Monday Regular work session, 6:30 PM February 1 -Tuesday Regular formal, 7:00 PM (set ph on budget) February 14 -Monday Regular work session, 6:30 PM February 15 -Tuesday Regular formal, 7:00 PM (hold ph on budget) February 21 -Monday, HOLIDAY February 23 -Wednesday Special work session Qoint meeting at Johnson County), 4:30 PM February 28 -Monday Regular work session, 6:30 PM Council Work Session November 15, 2010 Page 3 March 1 -Tuesday Regular formal, 7:00 PM (adopt budget) March 21 -Monday Special work session, 6:30 PM March 22 -Tuesday Special formal, 7:00 PM Interim City Manager Helling will talk with the Chamber regarding dates for the Washington, DC lobbying trip and report back to Council. BUDGET PRIORITIES None SUMMARY OF PENDING WORK SESSION ISSUES [IP#4] Interim City Manager Helling reported that the special meeting scheduled for December 1St might include further affordable housing discussion or may be include some items from the pending list that are ready to go. Items not concluded on the 1St would be continued to December 6. COUNCIL TIME (continued) 5. Council Member Bailey noted the West High Girls Volleyball team won the state championship and questioned when they would be attending a Council meeting for recognition. City Clerk Karr stated letters had gone out to all area schools asking them to contact the City when any team or individual won a state championship. The City did not want to miss a team or individual and also wanted the schools to have the ability to recognize non-athletics as well. 6. Council Member Dickens reported on the Roosevelt Repurposing committee, and stated minutes would be provided from the November 8 meeting, prior to scheduled discussion at the next work session. UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS 1. Council Member Mims noted the ECICOG legislative open houses scheduled November 16 in Coralville, and stated she was unable to attend. Interim City Manager Helling stated he would attending. Council Member Bailey stated she would check her schedule and would try to attend. 2. Mayor Hayek noted the Convention & Visitors Bureau (CVB) luncheon scheduled for November 16. Several staff and Council Members will attend. DISCUSSION OF MEETING SCHEDULES [IP#5] [Discussed under Council time] Meeting adjourned 8:45 PM. 3a 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 - 11/16/10 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims (7:10 p.m.), Wilburn, Wright. Absent: None. 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 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 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 Clarion Highlander Hotel & Conference Center, 2525 N. Dodge St. Renewal: Special Class C Liquor License for India Cafe, 227 E. Washington St.; Class E Liquor License for Fareway Stores, Inc. #950, 2530 Westwinds Dr.; Class E Liquor License for Fareway Stores, Inc. #034, 2765 Commerce Dr.; Class C Beer Permit for Aldi, Inc. #6, 1534 S. Gilbert St.; Class C Liquor License for Club Car, 122 Wright St.; Class C Liquor License for Buffalo Wild Wings Grill & Bar, 201 S. Clinton St.; Outdoor Service Area for Buffalo Wild Wings Grill & Bar, 201 S. Clinton St.; RES. 10-470, TO ISSUE DANCE PERMIT for 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 COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT Official Actions November 16, 2010 Page 2 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 THE ACCEPTANCE OF THE DEDICATION OF OUTLOT O, WINDSOR RIDGE- Official Actions November 16, 2010 Page 3 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. The Mayor declared the motion carried. Moved and seconded 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). The Mayor declared the motion carried. Moved and seconded 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. 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- 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 PUBLIC (P-1) (REZ10-00010), 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. Council Members Mims present. Official Actions November 16, 2010 Page 4 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- 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded 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. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded 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 AGREEMENT WITH MID- AMERICAN ENERGY. Moved and seconded to adopt RES. 10-494, 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. Moved and seconded 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. Moved and seconded to adopt RES. 10-496, ESTABLISHING CITY OF IOWA CITY 2011 LEGISLATIVE PRIORITIES. Official Actions November 16, 2010 Page 5 Moved and seconded 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. 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; 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 and seconded to accept correspondence from Andy Douglas. The Mayor declared the motion carried. Moved and seconded to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation; and to 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). The Mayor declared the motion carried and adjourned into executive session 7:23 p.m. Moved and to adjourn meeting 8:17 p.m. The Mayor declared the motion carried. Official Actions November 16, 2010 Page 6 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 Submitte for publication - 1/23/10. 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 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 O, 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. Hayek, Mayor Marian K. Karr, City Clerk