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HomeMy WebLinkAbout2011-01-10 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 JANUARY 10, 2011 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. Absent: Wright. Staff members present: Markus, Helling, Dilkes, Karr, Davidson, Fosse, Knoche, Moran, Hightshoe, Walz, Tharp, Ream. The Mayor presented Outstanding Student Citizenship Awards to Lucas Elementary students: Lewis Howard, Anna Roemerman and Dai Tran. Richard W. "Dick" Lee award was presented by Police Chief Hargadine, Mayor Hayek and Members of the Lee family to Officer Scott Stevens. The Mayor proclaimed EITC Awareness Day -January 28, 2011, Amy Correia, Johnson County Social Services accepting; Martin Luther King Jr.'s Birthday -January 17, 2011, Human Rights Commissioner Harry Olmstead accepting. Moved by Champion, seconded by Mims, that the following items and recommendations in the Consent Calendar be received or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: November 29, Special Council Work Session; November 30, Special Council Formal Official and Complete; December 6, Special Council Work Session; December 7, Special Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Planning and Zoning Commission -November 18, 2010; Historic Preservation Commission - November 10, 2010; Airport Commission -November 18, 2010; Telecommunications Commission -November 22, 2010; Police Citizens Review Board -November 9, 2010; Police Citizens Review Board -November 1, 2010; Youth Advisory Commission - November 14, 2010; Planning and Zoning Commission -December 2, 2010; Civil Service Commission: January 4, 2011. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Baroncini, LLC, dba Baroncini, 104 S. Linn St.; Class C Beer Permit for Reif Oil Company, dba Fast Break, 2580 Naples Ave.; Class C Liquor License for 2-Tone, Inc., dba Bluebird Diner, 330 E. Market St.; Class C Liquor License for Eckhardt Management, dba Bricks Sports Grill, 111 E. College St. Renewal: Class C Liquor License for Iowa City Yacht Club, LLC., dba Iowa City Yacht Club, 13 S. Linn St. #10; Class C Liquor License for Mekong Enterprises, Inc. dba Mekong Restaurant, 5 Sturgis Corner Dr.; Class C Liquor License for Samco of Iowa City, Inc., dba Joe's Place, 115 Iowa Ave.; Outdoor Service Area for Samco of Iowa City, Inc., dba Joe's Place, 115 Iowa Ave.; Class C Liquor License for Amber Miller, dba Hawkeye Hideaway, 310 E. Prentiss St.; Outdoor Service Area for Amber Miller, dba Hawkeye Hideaway, 310 E. Prentiss St.; Class B Beer Permit for P & S Restaurant Group, Inc., dba Pizza Ranch, 1610 Sycamore St.; Class C Liquor License for Pub on Clinton Street, LLC, dba Pints, 118 S. Clinton St.; RES. 11-1, TO ISSUE Complete Description January 10, 2011 Page 2 CIGARETTE PERMITS to The In Zone, Corp, dba The In Zone, 116 E. Washington St. and Reif Oil Company, dba Fast Break, 2580 Naples Ave.; RES. 11-2, TO ISSUE DANCE PERMIT to Eckhardt Management, dba Bricks Sports Grill, 111 E. College St. Motions. Approve disbursements in the amount of $13,177,621.41 for the period of November 1 through November 30, 2010, as recommended by the Finance Director subject to audit. Public Hearing: RES. 11-3, SETTING A PUBLIC HEARING ON JANUARY 25, 2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY2011 ELEVATOR MODERNIZATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions. RES. 11-4, 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 614 RUNDELL STREET, IOWA CITY, IOWA; RES. 11-5, 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 2 THISTLE COURT, IOWA CITY, IOWA; RES. 11-6, 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 2073 SHERMAN DRIVE, IOWA CITY, IOWA; RES. 11-7, ACCEPTING THE WORK FOR THE SENIOR CENTER BUILDING ENVELOPE REPAIRS AND ROOF MEMBRANE REPLACEMENT PROJECT; RES. 11-8, ACCEPTING THE WORK FOR THE PERMANENT PAVEMENT MARKING PROJECT 2006; RES. 11-9, ACCEPTING THE WORK FOR THE IOWA RIVER BANK REPAIR PROJECT; RES. 11-10, RECOMMENDING ACCEPTANCE OF THE NORTH DODGE STREET IMPROVEMENTS PROJECT BY THE IOWA DEPARTMENT OF TRANSPORTATION; RES. 11-11, RECOMMENDING ACCEPTANCE OF THE HIGHWAY 6 IMPROVEMENTS PROJECT BY THE IOWA DEPARTMENT OF TRANSPORTATION; RES. 11-12, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR PENINSULA NEIGHBORHOOD PHASE 2A, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Correspondence: Gregg Geerdes & Mary Murphy regarding Flood Related Construction at 890 Park Place [This letter was included with City Manager response in 12/16/10 Info Packet.]; Camp Cardinal Road to Kennedy Parkway letters from Donald & Gwen Casady, Veronica Kolder & Bonnie Latimer, Alan & Kristin Nagel; Ronald Knoche regarding Competitive Quotation Results - 2010 Storm Sewer Improvements; Ronald Knoche regarding Competitive Quotation Results - CDG and CDBG Asbestos Abatement; Joyce Barker regarding Thank you for improving your neighborhood; Douglas and Mary Kathryn Wallace regarding Levees; Sanctuary City letters from Virginia & George Carsner, Analisa Gerig-Sickles, Natalie Jones [staff response Complete Description January 10, 2011 Page 3 included], David Sickles; Aric Asplund regarding Iowa City Parking; Sally Stutsman regarding 28E agreement; George Connell regarding Trash pickup on holidays [staff response included]; Caroline Dieterle regarding Broken compact fluorescent lights [staff response included]; Robert McGrath: Release of budget information [staff response included]; John Doe regarding Iowa City Housing Authority; Danielle Dahl regarding Sister City -Istanbul, Turkey; Katee Lynch regarding Budget Questions. Bill Wright, 1902 Woodridge Avenue, requested deferral of Item 5g(1), JCCOG Traffic Engineering Planner memo regarding installation of No Parking Any Time signs on the west side of Windsor Drive between Woodridge Avenue and Rochester Avenue. Individual Council Members expressed their views. Champion requested withdrawing item 5g(1) and deferring until January 25. Affirmative roll call vote unanimous, 6/0, Wright absent. The Mayor declared the motion carried. Moved by Bailey, seconded by Mims, to set a public hearing for January 25 on an ordinance conditionally rezoning approximately 2.79 acres of land from Low Density Single- Family (RS-5) Zone to Medium Density Multi-Family (RM-12) Zone for property located at the northwest corner of Muscatine Avenue and Scott Boulevard (REZ10-00016). The Mayor declared the motion carried unanimously, 6/0, Wright absent. Moved by Champion, seconded by Dickens, to set a public hearing for January 25 on an ordinance to amend the Planned Development Overlay-Medium Density Single Family (OPD-8) Plan for approximately 2.97 acres of land located on Hickory Trail, west of 1St Avenue (REZ10-00013). The Mayor declared the motion carried unanimously, 6/0, Wright absent. Moved by Bailey, seconded by Dickens, to set a public hearing for January 25 on an ordinance amending Title 14, Article 4E, Subsection 8C, Nonconforming Signs, to allow modification or replacement of a sign face on certain nonconforming signs located within 1000 feet of an interstate highway right-of-way (REZ10-00017 Billion). The Mayor declared the motion carried unanimously, 6/0, Wright absent. A public hearing was held 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). Mayor Hayek asked for any ex parte communications, and none were reported. PCD Dir. Davidson presented power point (archived with City Clerk). Sandy Pickup, Free Medical Clinic, appeared. Moved by Wilburn, seconded by Mims, to accept correspondence from Michael Lynch. The Mayor declared the motion carried unanimously, 6/0, all Council Members present. Moved by Wilburn, seconded by Bailey, that the 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), be given first vote. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 6/0, Wright absent. The Mayor declared the motion carried. A hearing was held on renewal of a Class C Liquor License for Iowa City Group, LLC dba Piano Lounge, 217 E. Iowa Avenue. Police Chief Hargadine present for discussion. City Atty. Dilkes reported that the applicant had contacted the City Attorney's office late that afternoon and reported a meeting had been scheduled to discuss options to resolve the matter. Individual Council Members expressed their views. Moved by Bailey, seconded by Mims, to continue hearing and defer motion on staff recommendation to deny Class C Liquor Complete Description January 10, 2011 Page 4 License for Iowa City Group, LLC dba Piano Lounge, 217 E. Iowa Avenue, until January 25. The Mayor declared the motion carried, 6/0, Wright absent. A public hearing was held on an a resolution authorizing conveyance of a single family home located at 416 Douglass Court. Associate Planner Walz presented a power point (archived with City Clerk). Moved by Bailey, seconded by Dickens, to adopt RES. 11-13, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 416 DOUGLASS COURT. Affirmative roll call vote unanimous, 6/0, Wright absent. The Mayor declared the resolution adopted. A public hearing was held on a resolution adopting Iowa City's FY11 Annual Action Plan amendment #2, which is a sub-part of Iowa City's 2011-2015 Consolidated Plan (City Steps), authorizing the city manager to submit said plan and all necessary certifications to the U.S. Department of Housing and Urban Development. Community Development Planner Hightshoe present for discussion. Individual Council Members expressed their views. Moved by Champion, seconded by Mims, to adopt RES. 11-14, ADOPTING IOWA CITY'S FY11 ANNUAL ACTION PLAN AMENDMENT #2, WHICH IS A SUB-PART OF IOWA CITY'S 2011-2015 CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Council Member Bailey noted she had been hired as a subcontractor by the Crisis Center and she had discussed the matter with the City Attorney and it was determined there was no conflict of interest on this matter Parks & Recreation Dir. Moran present for discussion. Affirmative roll call vote unanimous, 6/0, Wright absent. The Mayor declared the resolution adopted. Moved by Mims, seconded by Dickens, that the ordinance amending Title 4, entitled "Alcoholic Beverages," Chapter 3, entitled "Outdoor Service Areas; seasonal, five day or ~~ fourteen day licenses and permits, to allow outdoor service areas within 100 feet of a residential zone in CB2, CB5, and CB10 Zones, be given first vote. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 6/0, Wright absent. The Mayor declared the motion carried. Moved by Bailey, seconded by Champion, to adopt RES. 11-15, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH SKOGMAN REALTY TO SELL AND LEASE PROPERTY IN AVIATION COMMERCE PARK. Affirmative roll call vote unanimous, 6/0, Wright absent. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Dickens, to adopt RES. 11-16, AUTHORIZING THE COMMITMENT OF ECONOMIC DEVELOPMENT ASSISTANCE FUNDS IN THE AMOUNT OF $7,200 PER YEAR FOR TWO YEARS AS A 25% PARKING SUBSIDY FROM ALREADY APPROVED ECONOMIC ASSISTANCE FUNDS TO THE PRESS CITIZEN FOR ASSISTANCE IN THE RELOCATION OF THE HEADQUARTERS OFFICE TO DOWNTOWN IOWA CITY. City Atty. noted a revised resolution reservation showing the change in the employee numbers. Affirmative roll call vote unanimous, 6/0, Wright absent. The Mayor declared the resolution adopted. Moved by Champion, seconded by Wilburn, to adopt RES. 11-17, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE WEST SIDE LEVEE - CRANDIC RAILROAD TO MCCOLLISTER BOULEVARD Complete Description January 10, 2011 Page 5 PROJECT. Affirmative roll call vote unanimous, 6/0, Wright absent. The Mayor declared the resolution adopted. Moved by Champion, seconded by Mims, to adopt RES. 11-18, AMENDING THE BUDGETED POSITIONS IN THE ENGINEERING DIVISION OF THE PUBLIC WORK DEPARTMENT BY ADDING TWO SPECIAL PROJECTS ENGINEER POSITIONS. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 6/0, Wright absent. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Dilkes, to adopt RES. 11-19, ESTABLISHING A SCHEDULE OF FEES AND CHARGES FOR "CHERISH" COLUMBARIUM NICHES IN OAKLAND CEMETERY. Affirmative roll call vote unanimous, 6/0, Wright absent. The Mayor declared the resolution adopted. Moved by Mims, seconded by Bailey, to make the following appointments to Boards and Commissions: Brock Grenis, 725 Arch Rock Road, to the Adjustment, Board of for afive- yearterm January 1, 2011 -January 1, 2016; Richard Mascari, 4542 Canterbury Court, to the Airport Commission for an unexpired term, effective upon appointment, ending March 1, 2013; Cheryll Clamon, 1023 Village Green Blvd., to the Housing & Community Development Commission for an unexpired term, effective upon appointment, ending September 1, 2011. The Mayor declared the motion carried, 6/0, Wright absent. The Mayor noted no applications were received for the following Boards and Commissions, all will be readvertised: Airport Zoning Brd of Adjustment for an unexpired term, effective upon appointment, plus afive-year term January 1, 2007 -December 31, 2011; Airport Zoning Brd of Adjustment for afive-year term January 1, 2009 -December 31, 2013; Airport Zoning Commission for asix-year term January 1, 2006 -December 31, 2011; Airport Zoning Commission for asix-year term January 1, 2010 -December 31, 2015. Appeals, Board of for afive-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Appeals Board of, Licensed Electrician for afive-year term January 1, 2011 -December 31, 2015; Youth Advisory Commission for atwo-year term January 1, 2011 -December 31, 2012 for Tate High. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] The Mayor noted the current vacancies: Adjustment, Board of for an unexpired term, effective upon appointment, ending January 1, 2012; Appeals, Board of for an unexpired term, effective upon appointment, ending December 31, 2014, for a Building Design Professional. Applications must be received by 5:00 p.m., Wednesday, February 9, 2011. Moved by Wilburn, seconded by Bailey, to accept correspondence from Robert Anderson and Tim Hennes. The Mayor declared the motion carried unanimously, 6/0, Wright absent. Council Member Champion asked if Council needed to address the possibility of bars turning into private clubs downtown. City Atty. Dilkes stated there were a number of issues involved and each proposal would be examined on its own facts. Mayor Hayek reported he would be helping the Convention and Visitors Bureau (CVB) and University Athletic Department make a pitch for the US Olympic Committee 2012 wrestling tryouts on Wednesday. Asst. City Manager Helling noted that the Iowa League of Cities Legislative Day is scheduled for Tuesday, January 25, and he would be attending and planned to be back for Complete Description January 10, 2011 Page 6 the Council meeting that evening. Council Members interested in accompanying him should contact him directly. City Clerk Karr noted more information on the event would be in the next information packet. Moved by Wilburn, seconded by Bailey, to adjourn meeting 8:15 p.m. The Mayor declared the motion carried unanimously, 6/0, Wright absent. ~~- ~,.. Matthew J. Hayek, Mayor Ma~K. Karr, City Clerk r 5a(1 ~i_,;,®~,~ CITY OF IOWA CITY ~~~~ ~NDUM ~E~OR Date: November 29, 2010 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, November 29, 2010, 5:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Dickens, Hayek, Mims, Wilburn (arrived 5:40 PM), Wright UISG Rep: Higgins Staff present: Helling, Dilkes, Karr, Fosse, Jordan, Davidson, Boelk, Tallman (A complete transcription is available in the City Clerk's Office and the City website) MEETING WITH AREA LEGISLATORS -Council's Legislative Priorities [IP#2] Senator Joe Bolkcom. Senator Robert Dvorsky, Representative Dave Jacoby, and Representative Mary Mascher present for discussion. Mayor Hayek welcomed area legislators and thanked them for taking time to discuss City priorities with the City Council. The following items were identified as 2011 City Legislative Priorities: - Alcohol -local regulatory authority - Economic Development - Iowa League of Cities and Metropolitan Coalition Priorities City Attorney's office was directed to provide suggestions for possible changes to the State Code relative to the licensing of alcohol and more local regulatory authority. Interim City Manager Helling, Acting Asst. City Manager & PW Director Fosse, City Atty. Dilkes, and PCD Director Davidson provided information. STAFF ACTION: City Attorney to provide memo re alcohol licensing. (Dilkes) AGENDA ITEMS 1. (Item # 7 - ... ordinance amending Title 16 .... Public Works ... storm water collection, discharge, and runoff ..... Title 17 ... grading ordinance ... amend the definition of pollutant) Development Regulations Specialist Tallman present for discussion. Majority agreed to proceed with waiving second consideration and adopt the ordinance. GILBERT STREET STREETSCAPE [IP#3 of 11/24 Info Packet] Sr. Civil Engr. Boelk and Acting Asst. City Manager & Public Works Director Fosse presented a power point (archived with City Clerk] of possible improvements prepared by the landscape architect, Confluence, along the corridor. After discussion Council directed staff to proceed with the project within the allocated original CIP project costs. STAFF ACTION: Work with Confluence firm to re-work the design to meet CIP budget costs. (Boelk) Council Work Session November 29, 2010 Page 2 SINGLE STREAM /MULTI-FAMILY RECYCLING [IP#4 of 11/24 Info Packet] Recycling Coordinator Jordan and Acting Asst. City Manager & Public Works Director Fosse presented a power point [archived with City Clerk]. After discussion Council accepted the staff recommendations contained in the memo and directed staff to proceed with the four steps identified in the "summary" conclusion. STAFF ACTION: Proceed with summary steps and report back to Council by December 2011. (Jordan) COUNCIL TIME AND INFORMATION PACKET DISCUSSION (11/18 and 11/24] 1. (Consent Calendar # 3g (1) & (2) -Taft Speedway and Idyllwild) In response to Council Member Champion, PCD Director Davidson stated Council will be considering the grant agreement at the December 7 meeting due to a state imposed deadline for acceptance of grant funding. 2. (IP8 of 11/24 Info Packet-Affordable Housing Location Policy Discussion...) In response to Council Member Mims, PCD Director Davidson stated the suggested timeline was prepared by staff and Council could add meetings if necessary to reach a decision by March 1St to accommodate requests for housing funds. 3. (IP6 of 11/24 Info Packet - KXIC Radio Show) Mayor Hayek noted the memo from the City Clerk with the upcoming radio show schedule. 4. Council Member Wright questioned Council representation at the Wreaths Across America event scheduled December 11. Mayor Hayek will attend. 5. Council Member Dickens noted the "Celebration of the Seasons" event scheduled downtown December 4th week-end. BUDGET PRIORITIES No discussion SUMMARY OF PENDING WORK SESSION ISSUES [IP#5 of 11/24 Info Packet] Council agreed to schedule discussion of "Sanctuary City" for the January 31 work session. UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS Council Member Champion noted the Shelter House ribbon cutting scheduled December 2"d, and said she would be there but hoped other Council Members could attend as well. DISCUSSION OF MEETING SCHEDULES No discussion. Meeting adjourned 8:05 PM. U1-1 U-11 5a 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 - 11/30/10 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. The Mayor presented Outstanding Student Citizenship Awards to Lincoln Elementary students: Mae McDonough, Will Peterson, Simran Sarin. 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. 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's Boutique, 211 E. Washington St. Renewal: Class C Liquor License for Sanctuary Restaurant, 405 S. Gilbert St.; Special Class C Liquor License for Pagliai's Pizza, 302 E. Bloomington St.; Class C Beer Permit for Creekside Market, 2601 Highway 6 E.; Class C Liquor License for 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 Official Actions 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]. 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 and seconded 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. 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). Moved and seconded, 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. 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). Moved and seconded 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 Official Actions November 30, 2010 Page 3 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. 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 420acSes of land to atedoat 4764 4200 StOree~SE from an ordinance rezoning approximately 1.85 County Heavy Industrial (MH) to General Industrial (I-1) (REZ10-00012). Moved and seconded to adopt RES. 10TY LOCOATED AT 4764 420 NST SETION OF APPROXIMATELY 1.85 ACRES OF PROPER JOHNSON COUNTY (ANN10-00004). roximatel 1.85 acres of land Moved and seconded that the ordinance rezoning app Y located at 4764 420t" Street SE from County Heavy Industrial (MH) to General Industrial (I-1) (REZ10-00012), be given first vote. 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 and seconded to adopt RES. 10-502, APPROVING PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO TER AREA2REVENUE BONDSA(EPS PROPERTIES AMOUNT OF MIDWESTERN DISAS LLC PROJECT) SERIES 2010 OF THE CITY OF IOWA CITY, IOWA, AND RELATED MATTERS. Moved and seconded 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, be given first vote. 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- 4415, AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS", SECTION 10, "TERMS OF DECALS AND AUTHORIZATION; RENEWALS" TO CHA B L TDRIVOE ~AINTAININGTA VALID IOWA LID FOR ONE YEAR AND PLACE RESPONS CHAUFFEUR'S LICENSE ON THE DRIVae tired the motionC aBred SMoved and seconded for final passage at this time. The Mayo that the ordinance be finally adopted at this time. Moved and seconded to adopt RES_2 TO ISSUE DEBT ORE MBURSEITHE CITY UNDER TREASURY REGULATION 1.150 Official Actions November 30, 2010 Page 4 FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH SPECIFIED PROJECTS. Moved and seconded to adopt RES. 10REEMENT WTIHITHE OWA D PARTMENT AND CITY CLERK TO ATTEST A GRANT AG OF NATURAL RESOURCES FOR ~EPROOECTENT OF THE TERRY TRUEBLOOD RECREATION AREA -PHASE TW Moved and seconded to ado AR 20110FOR TORE CITY ATTORNDEY AND CITY COMPENSATION FOR FISCAL YE CLERK. The Mayor noted the previously announced vacancies on Boards and CAoI P ~ sions: Adjustment, Board of for afive-year term January 1, 2011 -January 1, 2016; 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- 2011 ~ Airport Zoning Commission for asix-year year term January 1, 2006 -December 31, eats, Board of for afive-year term January term January 1, 2010 -December 31, 2015; App 2013 for a Mechanical Professional; Appeals, Board of for afive- 1, 2009 -December 31, ~ 2015 f year term January 1, 2011 - Dececancies to fill fourryear terms Januarry'1 n2011ks January 1, Recreation Commission for two va 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 (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.] Moved and seconded to adjourn meeting 7:40 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`~ arr_; Ci~C,lerk ~~~~ Submitted for publication -12/8/10. ~~~®d! ~ ~~~~~~~ . ,~®,~~~ CITY OF IOWA CITY 5a3 MEMORANDUM Date: December 6, 2010 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, December 6, 2010, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Dickens, Hayek, Mims, Wilburn (6:35), Wright UISG Rep.: Higgins Staff: Markus, Helling, Dilkes, Karr, Davidson, Fosse, Johansen, Moran, Purdy, Knoche (A complete transcription is available in the City Clerk's Office and the City website) COUNCIL APPOINTMENTS Board of Adjustment - No applicants; re-advertise Airport Commission - Re-advertise; gender balance Airport Zoning Board of Adjustment - No applicants; re-advertise Airport Zoning Board of Adjustment - No applicants; re-advertise Airport Zoning Commission - No applicants; re-advertise Airport Zoning Commission - No applicants; re-advertise Board of Appeals - No applicants; re-advertise Board of Appeals - No applicants; re-advertise Parks & Recreation Commission - Lucie Laurian and re-appoint David Bourgeois Public Art Advisory Committee - Susie Thurmond, and re-appoint Jan Finlayson Youth Advisory Commission - Sam Fosse (City) Youth Advisory Commission - Leah Murray (West) Youth Advisory Commission - Caroline Van Voorhis (At-Large) AGENDA ITEMS 1. (Consent Calendar # 4c -Resolution setting public hearing ... to convey a single family home located at 416 Douglass Court) In response to Council Member Wright, City Atty. Dilkes stated she would provide the actual figure for "carrying costs". 2. (Item # 13 -Resolution authorizing ... construction of a levee on Taft Speedway and No Name Road ...) In response to Council Member Mims, Mayor Hayek stated there is discussion on the resolution scheduled later in the meeting. 3. (Item # 7 -Public hearing ... Resolution ... Towncrest Urban Renewal Area ... Towncrest Urban Renewal Plan ...) PCD Director Davidson present for discussion and presented a power point (archived with the City Clerk). Council Work Session December 6, 2010 Page 2 CDBG LEVEE GRANTS [agenda #11, 12, 13] PCD Director Davidson, Flood Recovery Specialist Purdy, PW Director Fosse, City Engr. Knoche, and City Atty. Dilkes presented information. BRICK STREET REPAIR/FUNDING STRATEGY [IP2 of 12/2 Info Packet] PW Director Fosse presented a power point (archived with the City Clerk). After discussion Council directed staff to prepare a recommendation incorporating: - Dollar amount be set aside in annual budget with no specific location at that time - Continue the $20,000 per year in the budget for spot brick street repairs and benefit analysis of brick repair versus other surface - Ask the neighborhood for their input - Consider input from Historic Preservation Commission on priority of each street STAFF ACTION: Proceed as outlined. (Fosse) ALLEY INVENTORY [IP3 of 12/2 Info Packet] PW Director Fosse presented a power point (archived with the City Clerk). After discussion Council directed staff to prepare a recommendation exploring: - Special assessment process - Funding with GO bonds - Distinction with private versus public alleys /classification of alleys - Possible distinction of funding options for owner occupied /tenant /business / single family /multi-family - Possible cost sharing options - Policy to initiate after petition from owners received - Include in 5 year CIP with minimum design costs STAFF ACTION: Proceed as outlined. (Fosse) ROOSEVELT SCHOOL REPURPOSING [IP4 of 12/21nfo Packet] Council Member Dickens noted minutes included in the packet, and stated he had asked staff if the City was interested in purchasing the building. Asst. City Manager Helling reported that the Fire Department had researched the site for a possible training center and decided they were not interested. PCD Director Davidson reported on possible use for the Art Space Program; noting the initial Program evaluation expense would cost $12,500. Council expressed interest in sharing cost of an Art Space feasibility study with the School District. Council Member Dickens will approach the cost sharing at the next meeting of the repurposing task force scheduled for December 13. MOBILE VENDOR REGULATIONS [IP5 of 12/2 Info Packet] Asst. City Manager Helling noted the memo and stated Adm. Asst. Johansen was present if there questions. Council agreed with the recommendations as presented with a modification to clarify vendors are permitted to sell any "food" products they choose. STAFF ACTION: Prepare ordinance for consideration at formal meeting. (Helling) Council Work Session December 6, 2010 Page 3 INFORMATION PACKET DISCUSSION [12/2 Info Packet] No discussion. COUNCIL TIME 1. In response to Council Member Wright, City Atty. Dilkes outlined the procedure for religious symbols on public property under terms of the City Code and stated the City does not have aesthetic standard in the Code. 2. In response to Council Member Champion, PW Director Fosse reported that the installation of a traffic signal at Muscatine and Scott is included in the CIP program and would be discussed by Council during upcoming budget sessions. 3. In response to Council Member Champion, City Clerk Karr will follow up on natural burial options for certain areas of Oakland Cemetery. 4. Council Member Mims reported the Chief Elected Officials (CEO) and Regional Workforce Investment Board (RWIB) met the previous week and current space for Workforce Development in Eastdale, and Voc. Rehab & Goodwill in Eastdale Plaza were moving toward an integrated model similar to Cedar Rapids and were looking for more space. BUDGET PRIORITIES No discussion. SUMMARY OF PENDING WORK SESSION ISSUES [IP6 of 12/2 Info Packet] 1. UISG Liaison Higgins requested Council add to the pending list discussion of a proposal for improved tenant /landlord relations. Mayor Hayek encouraged Higgins to meet with the City Attorney's office before proceeding. 2. Council Member Dickens stated he would be forwarding minutes of the December 13 Roosevelt Repurposing group to Council so that should remain on the pending list. 3. Asst. City Manager Helling stated the ICAD Annual Update presentation would take place at the formal meeting on January 10. UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS Mayor Hayek stated he would be attending the Wreaths Across America event on Saturday, December 11. DISCUSSION OF MEETING SCHEDULES No discussion. Meeting adjourned 9:30 PM. 5a 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 - 12/7/10 Iowa City City Council regular meeting, Council Members present: Bailey, Champion, Absent: None. 7:00 p.m. at City Hall. Mayor Hayek presiding. Dickens, Hayek, Mims, Wilburn, Wright. The Mayor presented Outstanding Student Citizenship Awards to Horace Mann Elementary students: Abby Greazel, Carmin Martinez, Joe Morris, and Grace Williamson. MidAmerican Energy Company Community Contact Liaison Michelle Payne presented a community grant check to City Neighborhood Services Coordinator Bollinger and University of Iowa Student Government Representative Chris Page to replace fluorescent bulbs with compact energy saving bulbs to eligible low income and senior citizen households. Moved and seconded that the following items and recommendations in the Consent Calendar be received or approved, and/or adopted as amended: Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Housing and Community Development Commission -October 21, 2010. Permit Motions and Resolutions as Recommended by the City Clerk. New: Special Class C Liquor License for Yen Ching, 624 S. Gilbert St. Renewal: Class C Liquor License for Studio 13, 13 S. Linn St.; RES. 10-506, TO ISSUE DANCE PERMIT to Studio 13, 13 S. Linn St. and Summit, 10 S. Clinton St.; Class C Liquor License for Carlos O'Kelly's Mexican Cafe, 1411 Waterfront. Public Hearing: RES. 10-507, SETTING PUBLIC HEARING FOR JANUARY 10, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 416 DOUGLASS COURT. Resolutions: RES. 10-508, ACCEPTING THE WORK FOR THE WATER MAIN, STORM INTAKES, AND PAVING PUBLIC IMPROVEMENTS FOR AUDITOR'S PARCEL 2004016 (WOOLF AVENUE EXTENSION), AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of (1) STOP sign on the southeast corner of the intersection of Lakeside Drive and Aniston Street; Acting Traffic Engineering Planner regarding Installation (1) NO PARKING CORNER TO HERE sign at the northwest corner of the Dodge Street/Bloomington Street intersection; JCCOG Traffic Engineering Planner regarding Installation of NO PARKING ANY TIME sign on the east side of Waterfront Drive south of Southgate Avenue, Joyce Barker regarding Parking memo;. Mic Van De Voorde regarding Proposal for Iowa City; Claire Sponsler regarding Brick Streets. The Mayor declared the motion carried. Senior Center Commissioner Jay Honohan thanked Council for reappointing him to the Commission; thanked Asst. City Manager Helling for acting as interim City manager and welcomed new City Manager Markus to the community; and updated Council on activities at Official Actions December 7, 2010 Page 2 the Center. The following individuals from Hilltop Mobile Park appeared regarding no parking on both sides of Waterfront Dr. south of Southgate Ave.: Lori Dahlen, 2018 Waterfront Dr. # 35, Joyce Barker, 2018 Waterfront Dr. # 128, and Craig Dahlen, 2018 Waterfront Dr. Correspondence was received from Joyce Barker and Lori Dahlen. 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- 4416, REZONING APPROXIMATELY 1.38-ACRES OF LAND LOCATED AT 385 RUPPERT ROAD FROM INTENSITVE COMMERCIAL (CI-1) TO INSTITUTIONAL PUBLIC ZONE (P-2) (REZ10-00009), 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- 4417, 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 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- 4418, 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), 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. A public hearing was held on a 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. Moved and seconded to adopt RES. 10-509, DETERMINING THE TOWNCREST URBAN RENEWAL AREA OF THE CITY TO HAVE CONDITIONS OF SLUM AND BLIGHT AND TO BEAN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, Official Actions December 7, 2010 Page 3 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. Moved and seconded to defer indefinitely the hearing and motion to deny in accordance with staff recommendation a Class C Liquor License for Summit Restaurant & Bar, Inc. dba Summit, 10 S. Clinton 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- 4419, 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, 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. 10-510, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $2,000,000 MIDWESTERN DISASTER AREA REVENUE BONDS (EPS PROPERTIES LLC PROJECT) SERIES 2010, WITH THE PROCEEDS FROM THE SALE OF THE BONDS TO BE LOANED TO EPS PROPERTIES LLC, AN IOWA LIMITED LIABILILTY COMPANY; THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT AND ASSIGNMENT TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND EPS PROPERTIES LLC; THE ASSIGNMENT BY THE CITY TO THE ORIGINAL PURCHASER OF THE RIGHTS AND INTEREST OF THE CITY IN AND TO SAID LOAN AGREEMENT; THE SALE OF SAID BONDS; AND RELATED MATTERS. Moved and seconded to accept correspondence from Atty. Dean Spina. The Mayor declared the motion carried. Moved and seconded to adopt RES. 10-511, AUTHORIZING THE CITY MANAGER TO ACCEPT A COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE CONSTRUCTION OF A LEVEE ON THE WEST SIDE OF THE IOWA RIVER BETWEEN MCCOLLISTER BOULEVARD AND THE CRANDIC RAILROAD AND TO SIGN THE GRANT AGREEMENT. Moved and seconded to accept correspondence from Amy Becker, Joellen Shoemaker, Catherine Wilcox (2), Jim and Mary Beth Hammes, Mark and Elizabeth Phelps, John Chase, Brian Witzke, Joel Wilcox and James Petran. The Mayor declared the motion carried. Moved and seconded to adopt RES. 10-512, AUTHORIZING THE CITY MANAGER TO ACCEPT A COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE CONSTRUCTION OF A LEVEE ON THE EAST SIDE OF THE IOWA RIVER BETWEEN THE CRANDIC RAILROAD AND HIGHWAY 6 AND TO SIGN THE GRANT AGREEMENT. Moved and seconded to accept correspondence from Amy Becker, Joellen Shoemaker, Catherine Wilcox (2), Jim and Mary Beth Hammes, Mark and Elizabeth Phelps, John Chase, Brian Witzke, Joel Wilcox and James Petran. The Mayor declared the motion carried. Official Actions December 7, 2010 Page 4 Moved and seconded to adopt RES. 10-513, AUTHORIZING THE CITY MANAGER TO ACCEPT A COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE CONSTRUCTION OF A LEVEE ON TAFT SPEEDWAY AND NO NAME ROAD AND TO SIGN THE GRANT AGREEMENT. The following individuals appeared: Mike Crawford, 54 Pentire Circle; Atty. Wally Taylor representing residents on the south side of Taft Speedway; Joel Wilcox, 119 Taft Speedway; Dale Simon, 46 Pentire Circle; Mark Phelps, 115 Taft Speedway; Gary Davisson, 305 Taft Speedway; Terri Miller Chiat, 452 N. 7t" Ave.; Mary Kathryn Wallace, 45 Colwyn Court; John Chase, 229 Taft Speedway; Elizabeth Phelps, 115 Taft Speedway; and Robert Benson, 22 Colwyn Court. Flood Recovery Specialist Purdy present for discussion. Moved and seconded to accept correspondence from Amy Becker, Joellen Shoemaker, Catherine Wilcox (2), Jim and Mary Beth Hammes, Mark and Elizabeth Phelps, John Chase, Brian Witzke, Joel Wilcox and James Petran. The Mayor declared the motion carried. Moved and seconded to adopt RES. 10-514, AUTHORIZING THE CITY MANAGER TO ACCEPT A COMMUNITY DEVELOPMENT BLOCK GRANT TO FLOODPROOF 3 WELL HOUSES AND TO SIGN THE GRANT AGREEMENT. Moved and seconded to adopt RES. 10-515, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND MMS CONSULTANTS INC. OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR COURT HILL TRAIL PHASE 3 OF 3 FROM SCOTT BOULEVARD EAST TO WINDSOR RIDGE. Moved and seconded to adopt RES. 10-516, 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 HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE WATER PLANT WELLHOUSE SOURCE PROTECTION PROJECT. Moved and seconded to adopt RES. 10-517, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MAX-CAST, INC. FOR THE FABRICATION AND INSTALLATION OF THE ART WORK FOR THE NORTHSIDE LITERARY WALK EXTENSION AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. Moved and seconded to adopt RES. 10-518, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ARTIST JOHN COYNE FOR THE COORDINATION OF THE DESIGN, FABRICATION AND INSTALLATION OF THE NORTHSIDE LITERARY WALK EXTENSION AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. Moved and seconded to make the following appointments to Boards and Commissions: appoint Lucie Laurian, 918 E. Washington and re-appoint David Bourgeois, 1447 Buckingham Place, to the Parks & Recreation Commission to fill four-year terms January 1, 2011 -January 1, 2015; re-appoint Jan Finlayson, 2365 Cae Drive and appoint Susie Thurmond, 1014 Cottonwood Avenue, to the Public Art Advisory Committee to fill three-year terms January 1, 2011 -January 1, 2014; appoint Sam Fosse, (City High), 4741 Inverness Court, and Leah Murray, (West High), to the Youth Advisory Commission for two- yearterms January 1, 2011 -December 31, 2012; appoint Caroline Van Voorhies, (At Official Actions December 7, 2010 Page 5 Large), 53 Hunters Place, to the Youth Advisory Commission for an unexpired term, effective upon appointment, ending December 31, 2011. The Mayor declared the motion carried. The Mayor noted that no applications were received or gender balance requirements met for the following Boards and Commissions, all will be readvertised: 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 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; Appeals, Board of for afive-year term January 1, 2011 -December 31, 2015, for a Licensed Electrician; Youth Advisory Commission for Tate High for atwo-year term January 1, 2011 -December 31, 2012. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. 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 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 adjourn meeting 9:15 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 Att~ t^: s/Marian KJ/Kar~r,,~/City Cylerk Submi~fed for publication - 12/14/10. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE 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 10'" 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 420th St SE, Johnson County (ANN10-00004); and 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). 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 420th 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. 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 DECEMBER 7, 2010 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Staff members present: Markus, Helling, Dilkes, Karr, Fosse, Davidson, Moran, Bollinger, Purdy. The Mayor presented Outstanding Student Citizenship Awards to Horace Mann Elementary students: Abby Greazel, Carmin Martinez, Joe Morris, and Grace Williamson. MidAmerican Energy Company Community Contact Liaison Michelle Payne presented a community grant check to City Neighborhood Services Coordinator Bollinger and University of Iowa Student Government Representative Chris Page to replace fluorescent bulbs with compact energy saving bulbs to eligible low income and senior citizen households. Moved by Champion, seconded by Wright, that the following items and recommendations in the Consent Calendar be received or approved, and/or adopted as amended: Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Housing and Community Development Commission -October 21, 2010. Permit Motions and Resolutions as Recommended by the City Clerk. New: Special Class C Liquor License for Yen Ching IC, Corp., dba Yen Ching, 624 S. Gilbert St. Renewal: Class C Liquor License for Water-B, Inc., dba Studio 13, 13 S. Linn St.; RES. 10-506, TO ISSUE DANCE PERMIT to Water-B, Inc., dba Studio 13, 13 S. Linn St. and Summit Restaurant & Bar, Inc., dba Summit, 10 S. Clinton St.; Class C Liquor License for Carlos O'Kelly's of Iowa City, Inc., dba Carlos O'Kelly's Mexican Cafe, 1411 Waterfront. Public Hearing: RES. 10-507, SETTING PUBLIC HEARING FOR JANUARY 10, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 416 DOUGLASS COURT. Resolutions: RES. 10-508, ACCEPTING THE WORK FOR THE WATER MAIN, STORM INTAKES, AND PAVING PUBLIC IMPROVEMENTS FOR AUDITOR'S PARCEL 2004016 (WOOLF AVENUE EXTENSION), AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of (1) STOP sign on the southeast corner of the intersection of Lakeside Drive and Aniston Street; Acting Traffic Engineering Planner regarding Installation (1) NO PARKING CORNER TO HERE sign at the northwest corner of the Dodge Street/Bloomington Street intersection; JCCOG Traffic Engineering Planner regarding Installation of NO PARKING ANY TIME sign on the east side of Waterfront Drive south of Southgate Avenue, Joyce Barker regarding Parking memo;. Mic Van De Voorde regarding Proposal for Iowa City; Claire Sponster regarding Brick Streets. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Complete Description December 7, 2010 Page 2 Senior Center Commissioner Jay Honohan thanked Council for reappointing him to the Commission; thanked Asst. City Manager Helling for acting as interim City manager and welcomed new City Manager Markus to the community; and updated Council on activities at the Center. The following individuals from Hilltop Mobile Park appeared regarding no parking on both sides of Waterfront Dr. south of Southgate Ave.: Lori Dahlen, 2018 Waterfront Dr. # 35, Joyce Barker, 2018 Waterfront Dr. # 128,.and Craig Dahlen, 2018 Waterfront Dr. Correspondence was received from Joyce Barker and Lori Dahlen. Moved by Bailey, 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. 10-4416, REZONING APPROXIMATELY 1.38-ACRES OF LAND LOCATED AT 385 RUPPERT ROAD FROM INTENSITVE COMMERCIAL (CI-1) TO INSTITUTIONAL PUBLIC ZONE (P-2) (REZ10-00009), 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, 7/0, all Council Members present. 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, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by Bailey, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 10-4417, 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 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, 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 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. 10-4418, 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 voted on for final passage at this time. The Mayor Complete Description December 7, 2010 Page 3 asked Council Members to discuss any ex parte communications, and none were reported. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. A public hearing was held on a 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. No one appeared. Moved by Bailey, seconded by Wilburn, to adopt RES. 10-509, 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. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Bailey, to defer indefinitely the hearing and motion to deny in accordance with staff recommendation a Class C Liquor License for Summit Restaurant & Bar, Inc. dba Summit, 10 S. Clinton Street. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. 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. 10-4419, 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, 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 Dickens, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Mims, to adopt RES. 10-510, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $2,000,000 MIDWESTERN DISASTER AREA REVENUE BONDS (EPS PROPERTIES LLC PROJECT) SERIES 2010, WITH THE PROCEEDS FROM THE SALE OF THE BONDS TO BE LOANED TO EPS PROPERTIES LLC, AN IOWA LIMITED LIABILILTY COMPANY; THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT AND ASSIGNMENT TO SECURE SAID BONDS; THE Complete Description December 7, 2010 Page 4 EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND EPS PROPERTIES LLC; THE ASSIGNMENT BY THE CITY TO THE ORIGINAL PURCHASER OF THE RIGHTS AND INTEREST OF THE CITY IN AND TO SAID LOAN AGREEMENT; THE SALE OF SAID BONDS; AND RELATED MATTERS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Wright, to accept correspondence from Atty. Dean Spina. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Mims, seconded by Champion, to adopt RES. 10-511, AUTHORIZING THE CITY MANAGER TO ACCEPT A COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE CONSTRUCTION OF A LEVEE ON THE WEST SIDE OF THE IOWA RIVER BETWEEN MCCOLLISTER BOULEVARD AND THE CRANDIC RAILROAD AND TO SIGN THE GRANT AGREEMENT. PCD Director Davidson present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Bailey, to accept correspondence from Amy Becker, Joellen Shoemaker, Catherine Wilcox (2), Jim and Mary Beth Hammes, Mark and Elizabeth Phelps, John Chase, Brian Witzke, Joel Wilcox and James Petran. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wright, seconded by Wilburn, to adopt RES. 10-512, AUTHORIZING THE CITY MANAGER TO ACCEPT A COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE CONSTRUCTION OF A LEVEE ON THE EAST SIDE OF THE IOWA RIVER BETWEEN THE CRANDIC RAILROAD AND HIGHWAY 6 AND TO SIGN THE GRANT AGREEMENT. PCD Director Davidson present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Mims, to accept correspondence from Amy Becker, Joellen Shoemaker, Catherine Wilcox (2), Jim and Mary Beth Hammes, Mark and Elizabeth Phelps, John Chase, Brian Witzke, Joel Wilcox and James Petran. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wright, seconded by Wilburn, to adopt RES. 10-513, AUTHORIZING THE CITY MANAGER TO ACCEPT A COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE CONSTRUCTION OF A LEVEE ON TAFT SPEEDWAY AND NO NAME ROAD AND TO SIGN THE GRANT AGREEMENT. PCD Director Davidson and Public Works Director Fosse present for discussion. The following individuals appeared: Mike Crawford, 54 Pentire Circle; Atty. Wally Taylor representing residents on the south side of Taft Speedway; Joel Wilcox, 119 Taft Speedway; Dale Simon, 46 Pentire Circle; Mark Phelps, 115 Taft Speedway; Gary Davidson, 305 Taft Speedway; Terri Miller Chiat, 452 N. 7th Ave.; Mary Kathryn Wallace, 45 Colwyn Court; John Chase, 229 Taft Speedway; Elizabeth Phelps, 115 Taft Speedway; and Robert Benson, 22 Colwyn Court. Flood Recovery Specialist Purdy present for discussion. 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 Wilburn, seconded by Mims, to accept correspondence from Amy Becker, Joellen Shoemaker, Catherine Wilcox (2), Jim and Mary Beth Hammes, Mark and Elizabeth Phelps, John Chase, Brian Witzke, Joel Wilcox and James Petran. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Bailey, to adopt RES. 10-514, AUTHORIZING THE CITY MANAGER TO ACCEPT A COMMUNITY DEVELOPMENT BLOCK GRANT TO Complete Description December 7, 2010 Page 5 FLOODPROOF 3 WELL HOUSES AND TO SIGN THE GRANT AGREEMENT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Dickens, to adopt RES. 10-515, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND MMS CONSULTANTS INC. OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR COURT HILL TRAIL PHASE 3 OF 3 FROM SCOTT BOULEVARD EAST TO WINDSOR RIDGE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Mims, to adopt RES. 10-516, 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 HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE WATER PLANT WELLHOUSE SOURCE PROTECTION 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. 10-517, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MAX-CAST, INC. FOR THE FABRICATION AND INSTALLATION OF THE ART WORK FOR THE NORTHSIDE LITERARY WALK EXTENSION AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. 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. 10-518, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ARTIST JOHN COYNE FOR THE COORDINATION OF THE DESIGN, FABRICATION AND INSTALLATION OF THE NORTHSIDE LITERARY WALK EXTENSION AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Wright, to make the following appointments to Boards and Commissions: appoint Lucie Laurian, 918 E. Washington and re-appoint David Bourgeois, 1447 Buckingham Place, to the Parks & Recreation Commission to fill four-year terms January 1, 2011 -January 1, 2015; re-appoint Jan Finlayson, 2365 Cae Drive and appoint Susie Thurmond, 1014 Cottonwood Avenue, to the Public Art Advisory Committee to fill three-year terms January 1, 2011 -January 1, 2014; appoint Sam Fosse, (City High), 4741 Inverness Court, and Leah Murray, (West High), to the Youth Advisory Commission for two-year terms January 1, 2011 -December 31, 2012; appoint Caroline Van Voorhies, (At Large), 53 Hunters Place, to the Youth Advisory Commission for an unexpired term, effective upon appointment, ending December 31, 2011. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted that no applications were received or gender balance requirements met for the following Boards and Commissions, all will be readvertised: 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 afive-year term January 1, 2007 - December 31, 2011; Airport Zoning Brd of Adjustment for afive-year term January 1, 2009 - Complete Description December 7, 2010 Page 6 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; Appeals, Board of for afive-year term January 1, 2011 -December 31, 2015, for a Licensed Electrician; Youth Advisory Commission for Tate High for atwo-year term January 1, 2011 -December 31, 2012. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. 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 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. Council Member Mims thanked citizens from the Idyllwild & Taft Speedway neighborhoods for coming and participating in the discussion on the levee earlier in the evening. Mayor Pro tem Wilburn noted the unfortunate accident experienced by the City High JV wrestling team and wished all of them a speedy recovery; and wished everyone well celebrating a holiday in December. Council Member Bailey wished everyone happy holidays, happy new year, and welcomed City Manager Markus. Council Member Dickens "dittoed" remarks of Council Member Bailey. Mayor Hayek also welcomed City Manager Markus to the community and noted a public reception to welcome Mr. Markus and his wife scheduled in City Hall on Thursday from 4-6:30 PM. Asst. City Manager Helling offered his welcome to City Manager Markus. Moved by Wilburn, seconded by Bailey, to adjourn meeting 9:15 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk