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HomeMy WebLinkAbout2011-05-17 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 MAY 17, 2011 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, Davidson, Fosse, Boelk, Havel, Mansfield, Scott, Bollinger, Gannon. The Mayor proclaimed: National Military Appreciation Month — May 2011, Mel McMorris accepting. Moved by Bailey, seconded by Champion, that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as amended and to delete from Consent Calendar item 3d (3), resolution setting hearing on Water Works Prairie Park Flood Mitigation and delete from Consent Calendar and consider as separate consideration item 3e (1) resolution on an agreement with Summer of the Arts: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: May 2, Special Council Formal Official and Complete; May 2, Regular Council Work Session; May 3, 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): Youth Advisory Commission - April 3, 2011; Public Art Advisory Committee - March 3, 2011; Police Citizens Review Board - April 12, 2011; Planning and Zoning Commission - April 21, 2011. Permit Motions and Resolutions as Recommended by the City Clerk. New: Five Day Class B Beer Permit for Summer of the Arts, Inc., dba Iowa City Arts Fest, Iowa Ave. and Dubuque St. (June 3 -5, 2011); Five Day Class B Beer Permit with Iowa Native Wine Privilege for Summer of the Arts, Inc., dba Iowa City Jazz Festival, Clinton St. (July 1 -3, 2011). Renewal: Class C Liquor License for Column, Inc., dba Sports Column, 12 S. Dubuque St.; Special Class C Liquor License for Linn Street Cafe, Inc., dba Linn Street Cafe, Inc., 121 N. Linn St.; Class C Beer Permit for Suburban Investors, LC, dba Suburban BP Amoco, 370 Scott Ct.; Class C Liquor License for Quzer, Inc., dba Shakespeare's, 819 S. First Ave.; Class C Liquor License for Pershell Corp., dba Colonial Lanes, 2253 Highway 218 S.; Special Class C Liquor License for Riverside Theatre dba Riverside Theatre, 213 N. Gilbert St. Temporary License Transfer: Transfer of Special Class C Liquor License for Riverside Theatre dba Riverside Theatre, 213 N. Gilbert St. to Riverside Festival Stage, City Park. (June 16 — July 10, 2011). Public Hearings: RES. 11 -168, AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE 2011 LANDFILL BUFFER AND GROUNDWATER MONITORING PROJECT AND TO ACQUIRE PROPERTY FOR THE PROJECT; AND SETTING DATE OF PUBLIC HEARING ON JUNE 21,2011; RES. 11 -169, SETTING A PUBLIC HEARING ON JUNE 7, 2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE Complete Description May 17, 2011 Page 2 BUTLER BRIDGE PEDESTRIAN TRAIL PROJECT STP -U- 3715(651)-- 70 -52, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 11 -170, SETTING A PUBLIC HEARING ON JUNE 7, 2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY 2012 ASPHALT RESURFACING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 11 -171, SETTING PUBLIC HEARING FOR JUNE 7, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 408 FAIRCHILD STREET. Resolutions: RES. 11 -172, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH RIVERSIDE THEATRE THAT ALLOWS THE SALE OF WINE AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK FROM JUNE 16, 2011 THROUGH JULY 10, 2011; RES. 11 -173, CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE COMMUNICATION DUCT INSTALLATION COMBINED PROJECTS; RES. 11 -174, ACCEPTING THE WORK FOR THE ASBESTOS ABATEMENT AND REMOVAL OF MISCELLANEOUS HAZARDOUS MATERIALS AT 645 McCOLLISTER BLVD. IN IOWA CITY, IOWA PROJECT. Correspondence: Cliff Pirnat regarding Recycle [staff response included]; Brandi Janssen regarding Producer involvement in market decisions; Sara and Alan Cross regarding Thank you; Joyce Barker regarding Waterfront Southgate; David Darby regarding U.S. Route 6 Happenings; Dave Barnett regarding Sculptures; Lisa Anthony regarding Bus Service. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Wright, to adopt RES. 11 -175, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH SUMMER OF THE ARTS, INC. TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER DURING ARTS FEST AND BEER AND NATIVE WINES FOR THE JAZZ FEST WITHIN A SPECIFIED AREA ON A CITY STREET. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Mary Gravitt appeared regarding the reduction in the half hour service of the Towncrest bus route. A public hearing was held on an ordinance rezoning approximately 23.22 acres of property located at 2949 Rochester Avenue from Low Density Single Family Residential (RS -5) Zone to Planned Development Overlay -Low Density Single Family (OPD -5) Zone (Rochester Ridge / REZ11- 00001). The Mayor requested Council Members disclose any ex parte communications, and none were reported. PCD Director Davidson presented power point and present for discussion. Jesse Allen, Rochester Ridge Development, appeared. Individual Council Members expressed their views. Moved by Wright, seconded by Mims, to accept correspondence from Duane Musser and Becky Schaffner. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description May 17, 2011 Page 3 Moved by Bailey, seconded by Dickens, that the ordinance conditionally rezoning approximately 23.22 acres of property located at 2949 Rochester Avenue from Low Density Single Family Residential (RS -5) Zone to Planned Development Overlay -Low Density Single Family (OPD -5) Zone (Rochester Ridge / REZ1 1 -00001), be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Mayor Pro tem Wilburn stated he would be abstaining due to a conflict of interest and left the meeting. A public hearing was held on an ordinance rezoning approximately 10.39 acres located at 1725 North Dodge Street from Research Development Park (RDP) to Neighborhood Public (P1) (Iowa City Community School District / REZ11- 00006). The Mayor requested Council Members disclose any ex parte communications, and none were reported. Individual Council Members expressed their views. PCD Director Davidson presented power point and present for discussion. Moved by Champion, seconded by Mims, that the ordinance rezoning approximately 10.39 acres located at 1725 North Dodge Street from Research Development Park (RDP) to Neighborhood Public (P1) (Iowa City Community School District / REZ11- 00006), be given first vote. Affirmative roll call vote unanimous, 6/0/1, Wilburn abstaining. The Mayor declared the motion carried. Mayor Pro tem Wilburn returned to the meeting. 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. 11 -4427, APPROVING AN AMENDED PLANNED DEVELOPMENT OVERLAY (OPD -5) PLAN FOR VILLAGE GREEN PART XX, LOT 50 (WELLINGTON CONDOMINIUMS), IOWA CITY, IOWA (REZ11- 00007), be voted on for final passage at this time. The Mayor requested Council Members disclose 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 Wilburn, seconded by Bailey, to accept correspondence from Stanley & Douglass LLC. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Mims, seconded by Bailey, that ORD. 11 -4428, CONDITIONALLY REZONING APPROXIMATELY 12.72 -ACRES OF LAND LOCATED AT MORMON TREK BOULEVARD AND DANE ROAD FROM COUNTY AGRICULTURAL (A) TO INTENSIVE COMMERCIAL (C11) (REZ11- 00004), be passed and adopted. The Mayor requested Council Members disclose any ex parte communications, and none were reported. George Dane, 1 Oaknoll Ct., read a statement. Individual Council Members expressed their views. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote. Ayes: Wilburn, Bailey, Dickens, Hayek, Mims. Nays: Champion, Wright. Absent: None. Moved by Wilburn, seconded by Bailey, to accept correspondence from Marie Steenlage. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Mims, to adopt RES. 11 -176, APPROVING THE PRELIMINARY PLAT OF WINDSOR RIDGE — PART TWENTY -TWO, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description May 17, 2011 Page 4 Moved by Wright, seconded by Mims, to adopt RES. 11 -177, APPROVING THE FINAL PLAT OF WINDSOR RIDGE PART TWENTY -TWO, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution amending the FY2011 Operating Budget. Moved by Bailey, seconded by Mims, to adopt RES. 11 -178, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2011. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Iowa City Industrial Campus Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, and fixing time and place for receipt of bids. Moved by Bailey, seconded by Wilburn, to adopt RES. 11 -179, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY INDUSTRIAL CAMPUS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on an ordinance approving Title 3, entitled "Finances, Taxation & Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 6, "Stormwater Utility Fee" and amending Title 16 entitled "Public Works," Chapter 3, "City Utilities," Article G, "Storm Water Collection, Discharge and Runoff," Section 10(f)(3) to change the rate of the Stormwater Utility Fee. Moved by Mims, seconded by Wright, that the ordinance approving Title 3, entitled "Finances, Taxation & Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 6, "Stormwater Utility Fee" and amending Title 16 entitled "Public Works," Chapter 3, "City Utilities," Article G, "Storm Water Collection, Discharge and Runoff," Section 10(f)(3) to change the rate of the Stormwater Utility Fee, be given first consideration. 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. 11 -4429, AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY," CHAPTER 3, ENTITLED "WEED CONTROL" BY CHANGING THE DEFINITION OF WEED FROM GRASS THAT IS FOURTEEN (14) INCHES IN HEIGHT TO TEN (10) INCHES be voted on for final passage at this time. Affirmative roll call vote unanimous, 710, 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. 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, Complete Description May 17, 2011 Page 5 and that ORD. 11 -4430, AMENDING TITLE 17, "BUILDING AND HOUSING ", CHAPTER 5, "HOUSING CODE ", SECTION 14, "INFORMATIONAL DISCLOSURE AND ACKNOWLEDGEMENT FORM" TO INCLUDE INFORMATION ABOUT IOWA LAW RE: SECURITY DEPOSITS, 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 Bailey, seconded by Dickens, that the ordinance amending Title 4, Alcoholic Beverages, Chapter 5, Prohibitions and Restrictions, Section 8, persons under the legal age in licensed or permitted establishments, Subsection E, to amend the fine amount for violations, and Subsection D, to amend the wording of the notice to match the new fine amounts, and to eliminate the posting of notice as an element of the offense, be given second vote. The Mayor declared the motion carried, 4/3, with the following division of roll call vote: Ayes: Wilburn, Bailey, Champion, Dickens. Nays: Hayek, Mims, Wright. Absent: None. Moved by Bailey, seconded by Wilburn, to adopt a resolution approving distribution of the "Program for Improving Neighborhoods" (PIN) Grant Funds. The following individuals appeared: Pam Ehrhardt, Longfellow Neighborhood; Cindy Roberts, Grant Wood Neighborhood; Alicia Trimble, Grant Wood Neighborhood; John Thomas, Northside Neighborhood; Mark Keehner, Miller- Orchard Neighborhood; Mary Knudson, Miller- Orchard Neighborhood; and Jeff Schabilion, Longfellow Neighborhood. Individual Council Members expressed their views. Neighborhood Services Coordinator Bollinger present for discussion. Moved by Wright, seconded by Bailey, to amend the resolution to not fund the Longfellow grant. The Mayor declared the motion carried, 4/3, with the following voice vote: Ayes: Mims, Wright, Hayek, Bailey. Nays: Champion, Wilburn, Dickens. Moved by Bailey, seconded by Mims, to defer consideration of the resolution to June 7. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wright, seconded by Mims, to accept correspondence from Dennis Donovan. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Mims, seconded by Bailey, to adopt RES. 11 -180, ADOPTING CITY OF IOWA CITY ECONOMIC DEVELOPMENT POLICIES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Wright, to defer to June 7 resolutions approving, authorizing and directing the Mayor to execute and the City Clerk to attest a contract for the performance of consulting services by and between the City of Iowa City and Divaris Real Estate, Inc., for a strategic assessment of downtown Iowa City and recommendations for the enhancement of retail opportunities; and resolution authorizing execution of a cost sharing agreement between the City of Iowa City and the University of Iowa for professional services to conduct a strategic assessment of downtown Iowa City and make recommendations for the enhancement of retail opportunities. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Mims, seconded by Wilburn, to adopt RES. 11 -181, AWARDING CONTRACT to Metro Pavers for $182,307.75 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA Complete Description May 17, 2011 Page 6 RIVER TRAIL - NAPOLEON TO TRUEBLOOD 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. 11 -182, 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 FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY INDUSTRIAL CAMPUS RAILROAD IMPROVEMENTS PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Mims, to adopt RES. 11 -183, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE FIRST AVENUE GRADE SEPARATION AND DRAINAGE PROJECT. The following individuals appeared: Bud Sueppel, Mary Gravitt, and Gary Hamdorf. Public Works Director Fosse present for discussion. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Wilburn, Wright, Bailey, Champion, Hayek, Mims. Nays: Dickens. Absent: None. Moved by Wright, seconded by Wilburn, to adopt RES. 11 -184, AMENDING THE BUDGETED POSITIONS IN THE EQUIPMENT DIVISION OF THE PUBLIC WORKS DEPARTMENT BY DECREASING THE EQUIPMENT CLERK POSITION BY .25 FTE AND INCREASING THE BUYER I - EQUIPMENT POSITION BY .25 FTE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies to Board and Commissions: 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 a six - year term January 1, 2006 - December 31, 2011; Airport Zoning Commission a six -year term January 1, 2010 - December 31, 2015; Appeals, Board of for a five -year term January 1, 2009 - December 31, 2013, for a Mechanical Professional; Appeals, Board of for an unexpired term, effective upon appointment, ending December 31, 2014, for a Building Design Professional; Library, Brd of Trustees for two vacancies to fill six -year terms July 1, 2011 - June 30, 2017; Telecommunications Commission for two vacancies to fill three -year terms March 13, 2011 - March 13, 2014; Youth Advisory Commission to fill a two -year term January 1, 2011 - December 31, 2012 for Tate High. Applications must be received by 5:00 p.m., Wednesday, June 1, 2011. The Mayor noted the current vacancies: Housing & Community Development Commission for three vacancies to fill three -year terms September 1, 2011 - September 1, 2014; Parks & Recreation Commission for an unexpired terms ending - January 1, 2014. See correspondence included in Council packet; Police Citizens Review Board for a four -year terms September 1, 2011 - September 1, 2015. Applications must be received by 5:00 p.m., Wednesday, July 13, 2011. Correspondence received from Lorin Ditzler. 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 Complete Description May 17, 2011 Page 7 advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Mayor Pro tem Wilburn stated he was looking forward to the Old Pioneer to New pioneer bike ride May 18. Council Member Wright reported on the car /bike /bus race the previous day as part of the Bike to Work Week events. Council Member Champion encouraged all bikers to bike with lights at night. Council Member Mims reminded bicyclists to obey traffic signals, and announced that the new trail maps were available for bikers, walkers, and joggers. Moved by Wilburn, seconded by Mims, to adjourn meeting 9:00 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Matthew J. Haye , Mayor l!�ll��-- 7Y2�L1v' Ma Nan K. Karr, City Clerk 3a(l) Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. OFFICIAL COUNCIL ACTIONS — 5/2/11 Iowa City City Council special meeting, 5:30 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Moved and seconded to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried. Moved and seconded to adjourn special meeting 6:20 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 s /Marian K. Karr, City Clerk Submitted for p lication —5/4/11. M(3) 3a 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 — 5/3/11 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: The Mayor proclaimed: Older Americans Month in Iowa City — May 2011, Lori Benz, JC Livable Community for Successful Aging accepting; Bicycle Month — May 2011, Anne Duggan, Bicyclists of Iowa City (BIC) accepting. Moved and seconded to accept correspondence from Ms. Duggan. The Mayor declared the motion carried. 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: April 18, Regular Council Work Session; April 19, 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 - March 9, 2011; Historic Preservation Commission - March 10, 2011; Housing and Community Development Commission - March 10, 2011; Housing and Community Development Commission - March 17, 2011; Planning and Zoning Commission - April 7, 2011; Airport Commission - March 10, 2011. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Basta, 121 Iowa Avenue; Class C Liquor License for The Summit Restaurant & Bar, 10 S. Clinton Street. Staff recommends approval. (See memo from the Iowa City Building Official included in council's packet.). Permanent Transfer: Class E Liquor License for Wal -Mart Store #1721, 1001 Highway 1 West, to 919 Highway 1 West. RES. 11 -147, TO ISSUE DANCING PERMIT The Summit Restaurant & Bar, 10 S. Clinton Street. Staff recommends approval. Public Hearings: RES. 11 -148, SETTING A PUBLIC HEARING ON AMENDING THE FY2011 OPERATING BUDGET; RES. 11 -149. SETTING A PUBLIC HEARING ON MAY 17, 2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY INDUSTRIAL CAMPUS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 11 -150, SETTING A PUBLIC HEARING ON MAY 17, 2011, ON AN ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 6, "STORMWATER UTILITY FEE" AND AMENDING TITLE 16 ENTITLED "PUBLIC WORKS," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER Official Actions May 3, 2011 Page 2 COLLECTION, DISCHARGE AND RUNOFF," SECTION 10(F)(3) TO CHANGE THE RATE OF THE STORMWATER UTILITY FEE. Resolutions: RES. 11 -151, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE LISTING AGREEMENT WITH SKOGMAN REALTY FOR AVIATION COMMERCE PARK TO ADD A LEASE RATE SCHEDULE; RES. 11 -152, 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, CEDAR RAPIDS, IOWA FOR PROPERTY LOCATED AT 1073 WALKER CIRCLE, IOWA CITY, IOWA; RES. 11 -153, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1126 ESSEX STREET, IOWA CITY, IOWA. Correspondence: Rick Dvorak regarding Iowa City /Johnson County Fringe Area Agreement; Jason Helgeson regarding Do not bite the hand that feeds you; Kathryn Kunert regarding MidAmerican Community 2010 Annual Report; Henri Harper regarding Thank you. Affirmative roll call vote unanimous, 7/0, all Council Members present. Moved and seconded to set a public hearing for May 17 on an ordinance rezoning approximately 23.22 acres of land located at 2949 Rochester Avenue from Low Density Single Family Residential (RS -5) Zone to Planned Development Overlay -Low Density Single Family (OPD -5) Zone. (REZ11- 00001). The Mayor declared the motion carried. Mayor Pro tem Wilburn stated he would be abstaining due to a conflict of interest and left the meeting. Moved and seconded to continue to May 17 a public hearing on an ordinance conditionally rezoning approximately 10.39 acres located at 1725 North Dodge Street owned by the Press - Citizen Company from Research Development Park (RDP) to Neighborhood Public (P1) (REZ11- 00006). The Mayor declared the motion carried. Moved and seconded to defer until May 17 an ordinance conditionally rezoning approximately 10.39 acres located at 1725 North Dodge Street owned by the Press - Citizen Company from Research Development Park (RDP) to Neighborhood Public (P1) (REZ11- 00006), be given first vote. The Mayor declared the motion carried. Mayor Pro tem Wilburn returned to meeting. A public hearing was held on an ordinance approving an amended Planned Development Overlay (OPD -5) Plan for Village Green Part XX, Lot 50 (Wellington Condominiums), Iowa City, Iowa (REZ11- 00007). Moved and seconded that the ordinance approving an amended Planned Development Overlay (OPD -5) Plan for Village Green Part XX, Lot 50 (Wellington Condominiums), Iowa City, Iowa (REZ11- 00007), be given first vote. The Mayor declared the motion carried. Moved and seconded that ORD. 11 -4425, CONDITIONALLY REZONING APPROXIMATELY 2.17 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF TAFT AVENUE AND COURT STREET, FROM NEIGHBORHOOD COMMERCIAL (CN -1) TO PLANNED DEVELOPMENT OVERLAY -LOW DENSITY MULTI - FAMILY (OPD- RM12). (REZ10- 00018) be passed and adopted. Moved and seconded to defer until May 17 an ordinance conditionally rezoning approximately 12.72 -acres of land located at Mormon Trek Boulevard and Dane Road from Official Actions May 3, 2011 Page 3 County Agricultural (A) to Intensive Commercial (C11) (REZ11- 00004). The Mayor declared the motion carried. Correspondence received from Rich Roway and Carol Mitchell, Michael Hodge, George Dane (2), Jane Driscoll. Moved and seconded to adopt RES. 11 -154, APPROVING THE PRELIMINARY AND FINAL PLAT OF MACKINAW VILLAGE PART 3, IOWA CITY, IOWA. (SUB10-00014/SUB10- 00015). Moved and seconded to defer until May 17 a resolution approving the preliminary plat of Windsor Ridge — Part Twenty -two, Iowa City, Iowa (SUB10- 00017); and a resolution approving the final plat of Windsor Ridge - Part Twenty -two, Iowa City, Iowa (SUB11- 00005). The Mayor declared the motion carried. Moved and seconded to approve a Tax Exemption Certificate authorizing and authorizing and providing for the issuance of Capital Loan Notes and levying a tax to pay the notes for $7,925,000 General Obligation Capital Loan Notes, Series 2011A. The Mayor declared the motion carried. Moved and seconded to approve a Continuing Disclosure Certificate authorizing and providing for the issuance of Capital Loan Notes and levying a tax to pay the notes for $7,925,000 General Obligation Capital Loan Notes, Series 2011A. The Mayor declared the motion carried. Moved and seconded to adopt RES. 11 -155, APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF CAPITAL LOAN NOTES AND LEVYING A TAX TO PAY THE NOTES FOR $7,925,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011A. Moved and seconded to approve a Tax Exemption Certificate authorizing and providing for the issuance of Capital Loan Notes and levying a tax to pay the notes for $10,930,000 General Obligation Refunding Capital Loan Notes, Series 2011C. The Mayor declared the motion carried. Moved and seconded to approve a Continuing Disclosure Certificate authorizing providing for the issuance of Capital Loan Notes and levying a tax to pay the notes for $10,930,000 General Obligation Refunding Capital Loan Notes, Series 2011C. The Mayor declared the motion carried. Moved and seconded to adopt RES. 11 -156, APPROVING A CONTINUING DISCLOSURE CERTIFICATE APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF CAPITAL LOAN NOTES AND LEVYING A TAX TO PAY THE NOTES FOR $10,930,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2011C. Moved and seconded to approve a Continuing Disclosure Certificate authorizing and providing for the issuance of Capital Loan Notes and levying a tax to pay the notes for $820,000 taxable General Obligation Capital Loan Notes Series 2011 B. The Mayor declared the motion carried. Moved and seconded to adopt RES. 11 -157, APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF CAPITAL LOAN NOTES AND LEVYING A TAX TO PAY THE NOTES FOR $820,000 TAXABLE GENERAL OBLIGATION CAPITAL LOAN NOTES SERIES 2011 B. A public hearing was held on a resolution adopting Iowa City's FY12 Annual Action Plan which is a sub -part of Iowa City's 2011 -2015 Consolidated Plan (City Steps) and Official Actions May 3, 2011 Page 4 authorizing the City Manager to submit said plan and amendments and all necessary certifications to the U.S. Department of Housing and Urban Development, and designating the City Manager as the authorized chief executive officer. HCDC Chair Mike McKay and Sandy Pickup, Free Medical Clinic, appeared. Moved and seconded to adopt RES. 11 -158, ADOPTING IOWA CITY'S FY12 ANNUAL ACTION PLAN WHICH IS A SUB -PART OF IOWA CITY'S 2011 -2015 CONSOLIDATED PLAN (CITY STEPS) AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND AMENDMENTS AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Gilbert Street Streetscape Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, and fixing time and place for receipt of bids. Sanctuary owner Daryl Woodson, 405 S. Gilbert, appeared. Moved and seconded to adopt RES. 11 -159, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GILBERT STREET STREETSCAPE PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. A public hearing was held on a resolution authorizing conveyance of a single family home located at 512 North Van Buren Street. Moved and seconded to adopt RES. 11 -160, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 512 NORTH VAN BUREN STREET. Moved and seconded that the ordinance amending Title 6, entitled "Public Health and Safety," Chapter 3, entitled "Weed Control" by changing the definition of weed from grass that is fourteen (14) inches in height to ten (10) inches, be given first vote. The Mayor declared the motion carried. Moved and seconded by Dickens, that the ordinance amending Title 17, "Building and Housing ", Chapter 5, "Housing Code ", Section 14, "Informational Disclosure and Acknowledgement Form" to include information about Iowa law re: security deposits, be given first vote. The Mayor declared the motion carried. Moved by Bailey, seconded by Wright, that the ordinance amending Title 4, Alcoholic Beverages, Chapter 5, Prohibitions and Restrictions, Section 8, Persons Under the Legal Age in Licensed or Permitted Establishments, Subsection E, to amend the fine amount for violations, and Subsection D, to amend the wording of the notice to match the new fine amounts, and to eliminate the posting of notice as an element of the offense, 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. 11- 4426, AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," SECTION 5, ENTITLED, "USE BY MOBILE VENDORS," TO DECREASE THE NUMBER OF Official Actions May 3, 2011 Page 5 VENDORS IN CITY PLAZA, TO ELIMINATE THE MINIMUM HOURS REQUIREMENT, AND TO ALLOW ANY TYPE OF FOOD OR BEVERAGE, 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. 11 -161, 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 SNYDER AND ASSOCIATES PROFESSIONAL ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE TERRY TRUEBLOOD RECREATION AREA PHASE THREE IMPROVEMENT PROJECT. Moved and seconded to adopt RES. 11 -162, AUTHORIZING THE EXPENDITURE OF ADDITIONAL FUNDS TO MEET OBLIGATIONS OF THE CITY OF IOWA CITY RECAT AGREEMENT 11- RECAT- 003 -TERRY TRUEBLOOD RECREATION AREA. Moved and seconded to adopt RES. 11 -163, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR IMPROVEMENT OF LAND FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA AND MARC MOEN FOR 118 EAST COLLEGE STREET. Moved and seconded to adopt RES. 11 -164, AWARDING CONTRACT to Carter & Associates for $73,111.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2011 WALES STREET WATER MAIN IMPROVEMENTS PROJECT. Moved and seconded to adopt RES. 11 -165, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY WWTP BLOWER REPLACEMENT PROJECT. Moved and seconded to adopt RES. 11 -166, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MERCY HOSPITAL, IOWA CITY, IOWA, TO USE CERTAIN PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. Moved and seconded to adopt RES. 11 -167, ADOPTING THE REVISED SECTIONS 7.01 AND 8.01 OF THE DESIGN STANDARDS FOR PUBLIC WORKS IMPROVEMENTS. Moved and seconded to make the following appointments to Boards and Commissions: reappoint Meredith Rick - Chappell, 911 Rider St., and Thomas Martin, Notting Hill Ln., to the Library, Brd of Trustees to fill six -year terms July 1, 2011 — June 30, 2017; appoint Alexa Homewood, 411 Peterson # 11, and reappoint Nolan Klouda, 309 Finkbine Ln. # 9, to the Telecommunications Commission to fill three -year terms March 13, 2011 — March 13, 2014. The Mayor declared the motion carried. The Mayor stated that no applications were received for the following Boards and Commissions and all will be readvertised: 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 a six -year term January 1, 2006 — December 31, 2011; Airport Zoning Commission for a six -year term January 1, 2010 — December 31, 2015; Appeals, Board of to fill a five -year term January 1, 2009 — December 31, 2013, for a Mechanical Professional; Appeals, Board of to fill an unexpired term, effective upon Official Actions May 3, 2011 Page 6 appointment, ending December 31, 2014, for a Building Design Professional; Youth Advisory Commission for a two -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. Moved and seconded to adjourn meeting 7:50 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 s /Marian K. Karr, CitClerk Submitted for publication — 5/9/11. 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 MAY 2, 2011 Iowa City City Council special meeting, 5:30 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. Davidson. Moved by Bailey, 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. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 5:31 p.m. Council returned to open session 6:19 p.m. Moved by Champion, seconded by Mims, to adjourn special meeting 6:20 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 MAY 3, 2011 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: Staff members present: Markus, Helling, Dilkes, Karr, Davidson, Long, Fosse, Moran, Havel, O'Malley, Hennes, Boelk. The Mayor proclaimed: Older Americans Month in Iowa City — May 2011, Lori Benz, JC Livable Community for Successful Aging accepting; Bicycle Month — May 2011, Anne Duggan, Bicyclists of Iowa City (BIC) accepting. Moved by Wright, seconded by Wilburn, to accept correspondence from Ms. Duggan. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Mims, seconded by Champion, 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: April 18, Regular Council Work Session; April 19, 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 - March 9, 2011; Historic Preservation Commission - March 10, 2011; Housing and Community Development Commission - March 10, 2011; Housing and Community Development Commission - March 17, 2011; Planning and Zoning Commission - April 7, 2011; Airport Commission - March 10, 2011. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Jimmy Jack Mac, Inc., dba Basta, 121 Iowa Avenue; Class C Liquor License for I.C. Raw, LLC, dba The Summit Restaurant & Bar, 10 S. Clinton Street. Staff recommends approval. (See memo from the Iowa City Building Official included in council's packet.). Permanent Transfer: Class E Liquor License for Wal -Mart Stores, Inc., dba Wal -Mart Store #1721, 1001 Highway 1 West, to 919 Highway 1 West. RES. 11 -147, TO ISSUE DANCING PERMIT I.C. Raw, LLC dba The Summit Restaurant & Bar, 10 S. Clinton Street. Staff recommends approval. Public Hearings: RES. 11 -148, SETTING A PUBLIC HEARING ON AMENDING THE FY2011 OPERATING BUDGET; RES. 11 -149. SETTING A PUBLIC HEARING ON MAY 17, 2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY INDUSTRIAL CAMPUS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 11 -150, SETTING A PUBLIC HEARING ON MAY 17, 2011, ON AN ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 6, "STORMWATER UTILITY FEE" AND AMENDING TITLE 16 ENTITLED "PUBLIC Complete Description May 3, 2011 Page 2 WORKS," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," SECTION 10(F)(3) TO CHANGE THE RATE OF THE STORMWATER UTILITY FEE. Resolutions: RES. 11 -151, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE LISTING AGREEMENT WITH SKOGMAN REALTY FOR AVIATION COMMERCE PARK TO ADD A LEASE RATE SCHEDULE; RES. 11 -152, 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, CEDAR RAPIDS, IOWA FOR PROPERTY LOCATED AT 1073 WALKER CIRCLE, IOWA CITY, IOWA; RES. 11 -153, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1126 ESSEX STREET, IOWA CITY, IOWA. Correspondence: Rick Dvorak regarding Iowa City /Johnson County Fringe Area Agreement; Jason Helgeson regarding Do not bite the hand that feeds you; Kathryn Kunert regarding MidAmerican Community 2010 Annual Report; Henri Harper regarding Thank you. Affirmative roll call vote unanimous, 7/0, all Council Members present. Moved by Bailey, seconded by Dickens, to set a public hearing for May 17 on an ordinance rezoning approximately 23.22 acres of land located at 2949 Rochester Avenue from Low Density Single Family Residential (RS -5) Zone to Planned Development Overlay -Low Density Single Family (OPD -5) Zone. (REZ11- 00001). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Mayor Pro tem Wilburn stated he would be abstaining due to a conflict of interest and left the meeting. Moved by Champion, seconded by Bailey, to continue to May 17 a public hearing on an ordinance conditionally rezoning approximately 10.39 acres located at 1725 North Dodge Street owned by the Press - Citizen Company from Research Development Park (RDP) to Neighborhood Public (P1) (REZ11- 00006). The Mayor declared the motion carried unanimously, 6/0/1, Wilburn abstaining. Moved by Bailey, seconded by Dickens, to defer until May 17 an ordinance conditionally rezoning approximately 10.39 acres located at 1725 North Dodge Street owned by the Press - Citizen Company from Research Development Park (RDP) to Neighborhood Public (P1) (REZ11- 00006), be given first vote. The Mayor declared the motion carried, 6/0/1, Wilburn abstaining. Mayor Pro tem Wilburn returned to meeting. A public hearing was held on an ordinance approving an amended Planned Development Overlay (OPD -5) Plan for Village Green Part XX, Lot 50 (Wellington Condominiums), Iowa City, Iowa (REZ11- 00007). PCD Dir. Davidson presented a power point. Moved by Champion, seconded by Bailey, that the ordinance approving an amended Planned Development Overlay (OPD -5) Plan for Village Green Part XX, Lot 50 (Wellington Condominiums), Iowa City, Iowa (REZ11- 00007), be given first vote. The Mayor requested Council Members report 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. Complete Description May 3, 2011 Page 3 Moved by Bailey, seconded by Wright, that ORD. 11 -4425, CONDITIONALLY REZONING APPROXIMATELY 2.17 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF TAFT AVENUE AND COURT STREET, FROM NEIGHBORHOOD COMMERCIAL (CN -1) TO PLANNED DEVELOPMENT OVERLAY -LOW DENSITY MULTI- FAMILY (OPD- RM12). (REZ10- 00018) be passed and adopted. The Mayor requested Council Members report any ex -parte communications and none were reported. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Bailey, seconded by Dickens, to defer until May 17 an ordinance conditionally rezoning approximately 12.72 -acres of land located at Mormon Trek Boulevard and Dane Road from County Agricultural (A) to Intensive Commercial (Cl 1) (REZ11- 00004). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Correspondence received from Rich Roway and Carol Mitchell, Michael Hodge, George Dane (2), Jane Driscoll. Moved by Wright, seconded by Champion, to adopt RES. 11 -154, APPROVING THE PRELIMINARY AND FINAL PLAT OF MACKINAW VILLAGE PART 3, IOWA CITY, IOWA. (SUB10- 00014/SUB10- 00015). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Bailey, to defer until May 17 a resolution approving the preliminary plat of Windsor Ridge — Part Twenty -two, Iowa City, Iowa (SUB10- 00017); and a resolution approving the final plat of Windsor Ridge - Part Twenty -two, Iowa City, Iowa (SUB11- 00005). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wright, seconded by Champion, to approve a Tax Exemption Certificate authorizing and authorizing and providing for the issuance of Capital Loan Notes and levying a tax to pay the notes for $7,925,000 General Obligation Capital Loan Notes, Series 2011A. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Dickens, to approve a Continuing Disclosure Certificate authorizing and providing for the issuance of Capital Loan Notes and levying a tax to pay the notes for $7,925,000 General Obligation Capital Loan Notes, Series 2011A. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Dickens, to adopt RES. 11 -155, APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF CAPITAL LOAN NOTES AND LEVYING A TAX TO PAY THE NOTES FOR $7,925,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011A. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Bailey, to approve a Tax Exemption Certificate authorizing and providing for the issuance of Capital Loan Notes and levying a tax to pay the notes for $10,930,000 General Obligation Refunding Capital Loan Notes, Series 2011 C. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Mims, seconded by Bailey, to approve a Continuing Disclosure Certificate authorizing providing for the issuance of Capital Loan Notes and levying a tax to pay the Complete Description May 3, 2011 Page 4 notes for $10,930,000 General Obligation Refunding Capital Loan Notes, Series 2011 C. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Mims, seconded by Champion, to adopt RES. 11 -156, APPROVING A CONTINUING DISCLOSURE CERTIFICATE APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF CAPITAL LOAN NOTES AND LEVYING A TAX TO PAY THE NOTES FOR $10,930,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2011C. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Bailey, to approve a Continuing Disclosure Certificate authorizing and providing for the issuance of Capital Loan Notes and levying a tax to pay the notes for $820,000 taxable General Obligation Capital Loan Notes Series 2011 B. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Dickens, to adopt RES. 11 -157, APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF CAPITAL LOAN NOTES AND LEVYING A TAX TO PAY THE NOTES FOR $820,000 TAXABLE GENERAL OBLIGATION CAPITAL LOAN NOTES SERIES 2011 B. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution adopting Iowa City's FY12 Annual Action Plan which is a sub -part of Iowa City's 2011 -2015 Consolidated Plan (City Steps) and authorizing the City Manager to submit said plan and amendments and all necessary certifications to the U.S. Department of Housing and Urban Development, and designating the City Manager as the authorized chief executive officer. HCDC Chair Mike McKay and Sandy Pickup, Free Medical Clinic, appeared. Moved by Bailey, seconded Wilburn, to adopt RES. 11 -158, ADOPTING IOWA CITY'S FY12 ANNUAL ACTION PLAN WHICH IS A SUB -PART OF IOWA CITY'S 2011 -2015 CONSOLIDATED PLAN (CITY STEPS) AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND AMENDMENTS AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER. Mayor Hayek clarified the Plan were recommendation from the Commission, and Council was adopting the allocations. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Gilbert Street Streetscape Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, and fixing time and place for receipt of bids. Sanctuary owner Daryl Woodson, 405 S. Gilbert, appeared. Sr. Civil Engr. Boelk, PW Dir. Fosse, and Parks & Rec. Dir. Moran present for discussion. Moved by Wright, seconded by Mims, to adopt RES. 11 -159, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GILBERT STREET STREETSCAPE PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Complete Description May 3, 2011 Page 5 Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution authorizing conveyance of a single family home located at 512 North Van Buren Street. No one appeared. Moved by Bailey, seconded by Wilburn, to adopt RES. 11 -160, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 512 NORTH VAN BUREN STREET. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Mims, seconded by Dickens, that the ordinance amending Title 6, entitled "Public Health and Safety," Chapter 3, entitled "Weed Control" by changing the definition of weed from grass that is fourteen (14) inches in height to ten (10) inches, 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 Dickens, that the ordinance amending Title 17, "Building and Housing ", Chapter 5, "Housing Code ", Section 14, "Informational Disclosure and Acknowledgement Form" to include information about Iowa law re: security deposits, 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 Wright, that the ordinance amending Title 4, Alcoholic Beverages, Chapter 5, Prohibitions and Restrictions, Section 8, Persons Under the Legal Age in Licensed or Permitted Establishments, Subsection E, to amend the fine amount for violations, and Subsection D, to amend the wording of the notice to match the new fine amounts, and to eliminate the posting of notice as an element of the offense, be given first vote. The Mayor declared the motion carried, 4/3, with the following division of roll call vote: Ayes: Bailey, Champion, Wilburn, Dickens. Nays: Hayek, Mims, Wright. 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. 11 -4426, AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," SECTION 5, ENTITLED, "USE BY MOBILE VENDORS," TO DECREASE THE NUMBER OF VENDORS IN CITY PLAZA, TO ELIMINATE THE MINIMUM HOURS REQUIREMENT, AND TO ALLOW ANY TYPE OF FOOD OR BEVERAGE, 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 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 Champion, seconded by Mims, to adopt RES. 11 -161, 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 SNYDER AND ASSOCIATES PROFESSIONAL ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE TERRY TRUEBLOOD RECREATION AREA PHASE THREE IMPROVEMENT PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description May 3, 2011 Page 6 Moved by Wright, seconded by Mims, to adopt RES. 11 -162, AUTHORIZING THE EXPENDITURE OF ADDITIONAL FUNDS TO MEET OBLIGATIONS OF THE CITY OF IOWA CITY RECAT AGREEMENT 11- RECAT- 003 -TERRY TRUEBLOOD RECREATION AREA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Mims, seconded by Bailey, to adopt RES. 11 -163, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR IMPROVEMENT OF LAND FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA AND MARC MOEN FOR 118 EAST COLLEGE STREET. PCD Dir. Davidson present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Mims, seconded by Wright, to adopt RES. 11 -164, AWARDING CONTRACT to Carter & Associates for $73,111.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2011 WALES STREET WATER MAIN IMPROVEMENTS PROJECT. 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. 11 -165, AWARDING CONTRACT to Calacci Construction Co., Inc. for $205,400.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY WWTP BLOWER REPLACEMENT PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Mims, seconded by Dickens, to adopt RES. 11 -166, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MERCY HOSPITAL, IOWA CITY, IOWA, TO USE CERTAIN PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Wright, to adopt RES. 11 -167, ADOPTING THE REVISED SECTIONS 7.01 AND 8.01 OF THE DESIGN STANDARDS FOR PUBLIC WORKS IMPROVEMENTS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Bailey, to make the following appointments to Boards and Commissions: reappoint Meredith Rick - Chappell, 911 Rider St., and Thomas Martin, Notting Hill Ln., to the Library, Brd of Trustees to fill six -year terms July 1, 2011 — June 30, 2017; appoint Alexa Homewood, 411 Peterson # 11, and reappoint Nolan Klouda, 309 Finkbine Ln. # 9, to the Telecommunications Commission to fill three -year terms March 13, 2011 — March 13, 2014. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor stated that no applications were received for the following Boards and Commissions and all will be readvertised: 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 a six -year term January 1, 2006 — December 31, 2011; Complete Description May 3, 2011 Page 7 Airport Zoning Commission for a six -year term January 1, 2010 — December 31, 2015; Appeals, Board of to fill a five -year term January 1, 2009 — December 31, 2013, for a Mechanical Professional; Appeals, Board of to fill an unexpired term, effective upon appointment, ending December 31, 2014, for a Building Design Professional; Youth Advisory Commission for a two -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. Council Member Dickens wished everyone a Happy Mother's Day, especially his mother, wife, mother -in -law and daughters. Council Member Bailey noted the start of Farmer's Market on Wednesday night, May 4, and stated she looked forward to seeing everybody at the Market on Wednesday and Saturday. Mayor Pro tem Wilburn reminded citizens of Bike to Work Week next week and encouraged people to bike at least one during the week. Council Member Wright noted it was Historic Preservation Month and the number of activities being planned including a tour of historic Moffitt District homes on May 15. Council Member Mims encouraged people to attend Project GREEN's annual sale on this week -end. Moved by Mims, seconded by Bailey, to adjourn meeting 7:50 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk �77� ,® CITY OF IOWA CITl 3a L moms'; MEMORANDUM Date: May 6, 2011 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, May 2, 2011, 6:23 PM in Emma J. Harvat Hall Council: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright UISG: Patel Staff: Markus, Helling, Dilkes, Karr, Davidson, Ralston, Moran, O'Malley, Knoche, O'Brien, Miklo, Rummel, Fay (A complete transcription is available in the City Clerk's Office and the City website) PLANNING & ZONING ITEMS "UN' PCD Dir. Davidson presented a power point following items: (archived with the City Clerk) regarding the f) RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF MACKINAW VILLAGE PART 3, IOWA CITY, IOWA. (SUB10- 00014 /SUB10- 00015) (DEFERRED FROM 4/19) City Atty. Dilkes the legal papers were not in order and may be deferred. g) RESOLUTION APPROVING THE PRELIMINARY PLAT OF WINDSOR RIDGE — PART TWENTY -TWO, IOWA CITY, IOWA. (SUB10- 00017) h) RESOLUTION APPROVING THE FINAL PLAT OF WINDSOR RIDGE PART TWENTY -TWO, IOWA CITY, IOWA. (SUB11- 00005) City Atty. Dilkes stated the legal papers were being reviewed. e) ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 12.72 ACRES OF LAND LOCATED AT MORMON TREK BOULEVARD AND DANE ROAD FROM COUNTY AGRICULTURAL (A) TO INTENSIVE COMMERCIAL (C11). (REZ11- 00004) (PASS AND ADOPT) b) CONDITIONALLY REZONING APPROXIMATELY 10.39 ACRES LOCATED AT 1725 NORTH DODGE STREET OWNED BY THE PRESS - CITIZEN COMPANY FROM RESEARCH DEVELOPMENT PARK (RDP) TO NEIGHBORHOOD PUBLIC (P1). (REZ11- 00006) Council Work Session May 2, 2011 Page 2 City Atty. Dilkes stated item "e" would be deferred pending a May 11 meeting of the City Development Board on the annexation; and item "b" should be continued and deferred until a signed CZA is received from the School District. COUNCIL APPOINTMENTS Airport Zoning Brd of Adjustment — re- advertise, no applicants Airport Zoning Brd of Adjustment — re- advertise, no applicants Airport Zoning Commission — re- advertise, no applicants Airport Zoning Commission — re- advertise, no applicants Board of Appeals (Mechanical Professional) — re- advertise, no applicants Board of Appeals (Building Design Professional) — re- advertise, no applicants Library, Brd of Trustees — re -appt. Meredith Rich - Chappell and Thomas Martin Telecommunications Commission —Alexa Homewood & re -appt. Nolan Klouda Youth Advisory Commission - re- advertise, no applicants AGENDA ITEMS 1. (Consent Calendar # 3c(2) and (4) — new liquor license and dancing permit for the Summit) City Clerk Karr noted the memo from the Housing & Inspection Services Dept. recommending approval. 2. (Agenda # 17 — resolution ... RECAT Agreement ... Terry Trueblood Recreational Area) In response to Council Member Bailey, Parks & Recreation Dir. Moran updated Council on the fundraising plan, and the public campaign planned to kick -off on Terry Trueblood's birthday, August 29tH 3. (Agenda item #9 — FY12 Annual Action Plan .... 2011 -2015 Consolidated Plan (City Steps) ...) In response to Mayor Hayek, PCD Dir. Davidson indicated staff would clarify if the resolution was adopting the bigger document or just the exhibit of allocations. DOWNTOWN PLANNING [IP2 of 4128 Info Packet] PCD Dir. Davidson and Sr. Planner Miklo presented a power point (archived with the City Clerk) and reviewed the 8 issues identified in the memo contained in the information packet. STAFF ACTION: Proceed with Comprehensive Plan update as outlined. (Davidson, Miklo) COURT STREET — SUMMIT TO MUSCATINE [IP3 of 4128 Info Packet] PCD Dir. Davidson and Asst. Transportation Planner Ralston presented a power point (archived with the City Clerk) and reviewed the options outlined in the memo contained in the information packet. Council directed staff to survey the neighborhood regarding allowing parking on both sides of the street (currently on Northside only); and place discussion of traffic calming policies on pending list. STAFF ACTION: Proceed as outlined. (Davidson, Ralston) INFORMATION PACKET DISCUSSION [Apr 21 & 28] • 4/21 Packet No discussion Council Work Session May 2, 2011 Page 3 ■ 4/28 Packet (IP7 — Request for agenda items for Joint Meeting) No items were identified COUNCIL TIME 1. Council Member Champion reported Dewey Street is in horrible condition and questioned if that was due to be repaired under the brick street repair program. Mayor Hayek said he thought it was one of those at the top of the list for repair. Staff will follow up. 2. Mayor Hayek welcomed new UISG liaison Raj Patel BUDGET PRIORITIES No discussion SUMMARY OF PENDING WORK SESSION ISSUES [IP4 of 4128 Info Packet] No discussion UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS Mayor Hayek noted the ribbon cutting for the new Wal -Mart on May 18th at 7:30 AM and he would be unable to attend. Council Member Dickens will attend representing the Council. DISCUSSION OF MEETING SCHEDULES No discussion. Meeting adjourned 8:15 PM.