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HomeMy WebLinkAbout2011-09-06 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. 4a(2) COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES SEPTEMBER 6, 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, Bentley, Andrew, Dilkes, Karr, Havel, Ongie, Boothroy, Tharp, O'Malley. The Mayor proclaimed: Constitution Week — September 17 -23, 2011, Shalla Ashworth, Vice Regent Pilgrim Chapter DAR accepting. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Bailey, seconded by Mims, that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as amended: and to delete Item 3f(3) for separate consideration and vote: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: August 1, Special Council Formal Official and Complete; August 1, Regular Council Work Session; August 2, Regular Council Formal Official and Complete; August 29, Special Council Formal Official and Complete; August 31, 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): Board of Adjustment - July 13, 2011; Board of Appeals - August 2, 2010; Board of Appeals - August 1, 2011 [This item should be referred to the Rules Committee for review of revised by- laws.]; Historic Preservation Commission - July 14, 2011; Human Rights Commission - July 19, 2011; Planning & Zoning Commission - July 21, 2011; Public Art Advisory Committee - May 5, 2011; Senior Center Commission - May 19, 2011; Telecommunications Commission - June 27, 2011. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Gabe's, LLC, dba Gabe's, 330 E. Washington St. Outdoor Service Area for Gabe's, LLC, dba Gabe's, 330 E. Washington St.; Renewal: Class C Beer Permit for IC Pit Stop, LLC, dba I.C. Pit Stop, 300 Kirkwood; Class C Liquor License for Cream, LLC, dba Union Bar, 121 E. College St.; Class C Liquor License for Jaxco, LLC, dba BlackStone, 503 Westbury Dr.; Suite 1; Class C Liquor License for George's Buffet, Inc., dba George's Buffet, 312 E. Market St.; Special Class C Liquor License for Englert Civic Theatre, LP, dba Englert Theatre, 221 E. Washington St.; Class C Beer Permit for New Pioneer Cooperative Society dba New Pioneer Co Op Fresh Food Market, 22 S. Van Buren St.; Class C Liquor License for Yen Ching IC, Corp., dba Yen Ching, 624 S. Gilbert St.; Class C Liquor License for Hall Place Ventures, Corp., dba Airliner Bar, 22 S. Clinton St.; Class C Beer Permit for Casey's Marketing Company, dba Casey's General Store #2761, 204 N. Dubuque St.; Class C Beer Permit for Casey's Marketing Company, dba Casey's General Store #2781, 1410 Willow Creek Dr.; Class C Liquor License for Los Portales Mexican Restaurant, dba Los Portales, 1402 S. Gilbert St.; Class C Liquor License for Corner of the Meadow, Inc., dba Motley Cow Cafe, 160 N. Linn St.; Class C Liquor License for Short's Burger and Shine, LLC, dba Short's Burger and Shine, 18 S. Clinton St. RES. 11 -270, TO ISSUE DANCING PERMIT to Cream, LLC, dba Union Bar, 121 E. College St.; RES. 11 -271, TO ISSUE CIGARETTE PERMIT to Cragar Cigars, 821 Melrose Ave. Setting Public Hearings: RES. 11 -272, SETTING A PUBLIC HEARING ON SEPTEMBER 20, 2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND Complete Description September 6, 2011 Page 2 ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATER WORKS PRAIRIE PARK FLOOD MITIGATION IMPROVEMENTS 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 -273, SETTING A PUBLIC HEARING ON SEPTEMBER 20, 2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PHASE 1 OF THE FIRST AVENUE STORM SEWER IMPROVEMENTS 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 -274, CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON TUESDAY, SEPTEMBER 20, 2011, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE 2011 PARKING RAMP REPAIR 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 -275, INTENT TO ENTER INTO A LEASE AGREEMENT WITH WELLS FARGO COMPANY FOR LIMITED OCCUPATION AND POSSESSION OF THE KIOSK LOCATED IN THE COLLEGE STREET PEDESTRIAN MALL ALONG THE CLINTON STREET FRONTAGE FOR INSTALLATION OF AN ATM MACHINE AND NECESSARY EQUIPMENT FOR THE SUM OF $500 PER MONTH, AND SETTING A PUBLIC HEARING ON SAID LEASE AGREEMENT FOR SEPTEMBER 20, 2011. Resolutions: RES. 11 -276, AUTHORIZING THE CITY MANAGER TO SIGN A RELEASE REGARDING THE PURCHASE OF 336 S. GOVERNOR STREET; RES. 11 -277, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT WITH WEST BANK FOR PROPERTY LOCATED AT 3333 LOWER WEST BRANCH ROAD, IOWA CITY, IOWA; RES. 11 -278, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1223 GINTER STREET, IOWA CITY, IOWA; RES. 11- 279, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT WITH WEST BANK FOR PROPERTY LOCATED AT 2258 RUSSELL DRIVE, IOWA CITY, IOWA; RES. 11- 280, ACCEPTING THE WORK FOR THE MCCOLLISTER BOULEVARD PCC PAVEMENT [HDP- 3715(628)-- 71 -52] AND MCCOLLISTER BOULEVARD BRIDGE [HDP- 3715(634)-- 71 -52] PROJECT; RES. 11 -281, ACCEPTING THE WORK FOR THE 2010 SANITARY SEWER REHABILIATION PROJECT; RES. 11 -282, ACCEPTING THE 2011 WATER MAIN DIRECTIONAL BORING PROJECT; RES. 11- 283, ACCEPTING THE WORK FOR THE SANDUSKY STORM SEWER IMPROVEMENTS PROJECT; RES. 11 -284, CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR MACKINAW VILLAGE — PART THREE, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 11 -285, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2651 WHISPERING MEADOWS DRIVE, IOWA CITY, IOWA; RES. 11 -286, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 614 RUNDELL STREET, IOWA CITY, IOWA; RES. 11- Complete Description September 6, 2011 Page 3 287, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 22 REGAL LANE, IOWA CITY, IOWA; RES. 11 -288, AUTHORIZING THE MAYOR TO SIGN 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 1522 DICKENSON LANE, IOWA CITY, IOWA; RES. 11 -289, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTIES LOCATED AT 1958 #5C BROADWAY STREET, 1820 HOLLYWOOD COURT AND 1822 HOLLYWOOD COURT, IOWA CITY, IOWA; RES. 11 -290, APPROVING THE CITY STREET FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30,2011; RES. 11- 291, APPROVING AN AGREEMENT FOR RAILROAD CROSSING IMPROVEMENT PROJECT WITH IOWA INTERSTATE RAILROAD. Motions: To terminate the agreement between the city and the Downtown Association (DTA) for the administration of four downtown Iowa City information kiosks as approved by Resolution No. 08 -9; to approve disbursements in the amount of $23,458,149.13 for the period of July 1 through July 31, 2011, as recommended by the Finance Director subject to audit. Correspondence: Traffic Engineering Planner regarding Installation of NO PARKING ANYTIME signs on the south side of Iowa Avenue; Traffic Engineering Planner regarding Installation of NP PARKING 8AM -5PM signs on B'Jaysville Lane, east of Dubuque Street, at locations where parking is currently allowed; Ronald Knoche regarding Final Acceptance of Public Improvements; Aric K. Asplund regarding Red Light Cameras; Gary A Hughes regarding Legality of Traffic Cameras / Unequal Enforcement; Garry Klein regarding Planning for a vibrant future; Katee Lynch regarding Unidentified City Parks; Kurt Kimmerling regarding Taft Speedway /No name Road Flood Mitigation Study (X2); Judith Pfohl regarding Noise Ordinance [staff response included]; Heinz Munz regarding EKO FLOOD SYSTEM — a T(R)AFT SPEEDWAY ALTERNATIVE SOLUTION; Brittany Till regarding Daily Iowa Questions re Meter Enforcement [staff response included]; Mick Payne regarding Iowa City Magic Bus; Peter Anderson regarding Magic Bus & Parking On Gameday (X2) [staff response included]; Lester & Laverne Gardner regarding Thank you for firemen emergency response; (The Rev.) Mel Schlachter regarding 9/11 Tenth Anniversary Observance; Michelle Payne regarding Empower U Save The Date. Moved by Bailey, seconded by Mims, to notify the Iowa City Planning and Zoning Commission of the petition for the establishment of the Iowa City Downtown Self Supported Municipal Improvement District filed with the City Clerk on August 25, 2011 and referring said petition to the Planning and Zoning Commission for the preparation of an evaluative report for the Council on the merit and feasibility of the project, all in accordance with Chapter 386.3(3) of the Code of Iowa. Council Members Champion, Dickens and Hayek stated they would be abstaining due to a conflict of interest. The Mayor Pro tem declared the motion carried, 4/0/3, with the following division roll call vote. Ayes: Bailey, Mims, Wilburn, Wright. Nays: None. Abstaining: Champion, Dickens, Hayek. Mayor Hayek now presiding. Jeff Shipley, Communications Director for "Just Water Please" advocacy group requested Council end the present policy of water fluoridation. A public hearing was held on an ordinance rezoning approximately 10 acres of land located at 350 Dublin Drive from Planned Development Overlay 8 (OPD -8) to Planned Complete Description September 6, 2011 Page 4 Development Overlay Low Density Multi - Family 12 (OPD -RM12) (REZ11- 00005). The Mayor requested Council Members disclose any ex parte communications, and none were reported. PCD Dir. Davidson presented a power point. Moved by Bailey, seconded by Dickens, that the ordinance rezoning approximately 10 acres of land located at 350 Dublin Drive from Planned Development Overlay 8 (OPD -8) to Planned Development Overlay Low Density Multi - Family 12 (OPD -RM12) (REZ11- 00005), be given first vote. A public hearing was held on an ordinance amending Title 14, Zoning Code, Article 9A, General Definitions, to clarify the definition of enlargement/expansion as it relates to alcohol sales- oriented uses. PCD Dir. Davidson present for discussion. LaVancha Walker, L &J Kitchen and BBQ House, appeared. City Atty. Dilkes stated that Ms. Walker issues were not concerning this ordinance and staff would prepare a memo. Moved by Wright, seconded by Champion, that the ordinance amending Title 14, Zoning Code, Article 9A, General Definitions, to clarify the definition of enlargement/expansion as it relates to alcohol sales- oriented uses, be given first vote. A public hearing was held on an ordinance amending paragraph 14- 413- 413-17, Sales - Oriented Retail in the CI -1 Zone, to allow Pet Supply Stores. No one appeared. Moved by Bailey, seconded by Wilburn, that the ordinance amending paragraph 14- 46-46-17, Sales- Oriented Retail in the CI -1 Zone, to allow Pet Supply Stores, be given first vote. Moved by Champion, seconded by Mims, that ORD. 11 -4443, AMENDING THE IOWA CITY ZONING CODE, ARTICLES 14 -4A, USE CATEGORIES, AND 14 -9A, GENERAL DEFINITIONS, TO ADD A DEFINITION OF PARENTAL GROUP HOME, be passed and adopted. Moved by Bailey, seconded by Mims, to defer to September 20 a resolution approving the final plat of Rochester Ridge, Part Two, Iowa City, Iowa (SUB11- 00009). Moved by Wilburn, seconded by Bailey, to accept correspondence from Atty. Lars Anderson. A public hearing was held on a resolution conveying a single family home located at 920 Longfellow Place. No one appeared. Moved by Wilburn, seconded by Bailey, to adopt RES. 11 -292, CONVEYING A SINGLE FAMILY HOME LOCATED AT 920 LONGFELLOW PLACE. A public hearing was held on a resolution authorizing a purchase agreement between the City of Iowa City and Joseph and Ann Turek for property locally known as 201 Ferson Ave., Iowa City, and retaining a permanent storm sewer and drainageway easement. John Kammermeyer, 116 Ferson, appeared. Moved by Wilburn, seconded by Mims, to accept correspondence from John Kammermeyer, Ted and Margaret Nelson, Charlie and Loraine Brenner, Barry and Linda Greene, Brad and Nancy Langguth, Jean Hogan, J.B. and Kerrie Barnhouse, John Menninger, John, Scott and Katherine Tachau, John and Jean Spitzer, H.D. and Myrene Hoover, Timothy and Jessica Kresowik, Janet Fairley, Timothy and Kristine Stalter, Isabella Grumbach. Moved by Champion, seconded by Dickens, to adopt RES. 11 -293, AUTHORIZING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOSEPH AND ANN TUREK FOR PROPERTY LOCALLY KNOWN AS 201 FERSON AVE., IOWA CITY, AND RETAINING A PERMANENT STORM SEWER AND DRAINAGEWAY EASEMENT. A public hearing was held on an ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions ", Subsection B, entitled "Exceptions ". No one appeared. Complete Description September 6, 2011 Page 5 Moved by Bailey, seconded by Mims, that the ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions ", Subsection B, entitled "Exceptions ", be given first vote. Moved by Bailey, seconded by Champion, that the ordinance amending Title 4, Alcoholic Beverages, Chapter 3, Outdoor Service Areas; seasonal, five day or fourteen day licenses and permits, section a, location to establish new location standards for temporary outdoor service areas when requested in non - residential zones, be given first vote. Moved by Champion, seconded by Mims, to adopt RES. 11 -294, ADOPTING CRITERIA FOR THE IOWA CITY TRAFFIC CALMING PROGRAM. Moved by Mims, seconded by Bailey, to adopt RES. 11 -295, DETERMINING THE NECESSITY AND SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED RIVERFRONT CROSSINGS URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA CITY, IOWA. PCD Dir. Davidson presented a power point. Moved by Wright, seconded by Dickens, to adopt RES. 11 -296, AWARDING CONTRACT to Peterson Contractors, Inc. for $ 896,589.55 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE BUTLER BRIDGE PEDESTRIAN TRAIL PROJECT STP -U- 3715(651)- - 70 -52. Moved by Mims, seconded by Bailey, to adopt RES. 11 -297, 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 SHIVE- HATTERY, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE HIGHWAY 1 TRAIL PROJECT — ORCHARD STREET TO SUNSET STREET. Moved by Champion, seconded by Bailey, to adopt RES. 11 -298, 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 SHOEMAKER & HAALAND PROFESSIONAL ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE ROCHESTER BRIDGE REPLACEMENT PROJECT. Moved by Wilburn, seconded by Mims, to adopt RES. 11 -299, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE FIRST AVENUE STORM SEWER IMPROVEMENTS PROJECT. Moved by Wright, seconded by Mims, to adopt RES. 11 -300, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND IOWA NETWORK SERVICES TO CONSTRUCT AN UNDERGROUND DUCT AND HANDHOLE SYSTEM FOR CITY USE. Moved by Champion, seconded by Bailey, to adopt RES. 11 -301, ADOPTING THE CITY TITLE VI COMPLIANCE PLAN. Moved by Mims, seconded by Bailey, to adopt RES. 11 -302, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE GRANT WOOD NEIGHBORHOOD ART PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. Moved by Bailey, seconded by Dickens, to adopt RES. 11 -303, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY AIRPORT COMMISSION REGARDING THE DIVISION AND USE OF FUNDS GENERATED FROM THE SALE OF PARCELS IN AVIATION COMMERCE PARK NORTH. Complete Description September 6, 2011 Page 6 Moved by Wright, seconded by Mims, to adopt RES. 11 -304, ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN -UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. The Mayor noted the previously announced vacancy for Parks & Recreation Commission for an unexpired term, effective upon appointment, plus a four -year term January 1, 2012 - January 1, 2016. Applications must be received by 5:00 p.m., Wednesday, September 14, 2011. Moved by Bailey, seconded by Champion, to make appoint Chris O'Brien, Transportation Service Director, or department designee, to the Future Transit Needs in Iowa City Urbanized Area Committee Metropolitan Planning Organization of Johnson County (MPOJC). The Mayor noted 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 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; Senior Center Commission for an unexpired term, effective upon appointment, ending December 31, 2012; Youth Advisory Commission for a Tate High representative for a two -year term January 1, 2011 — December 31, 2012. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] City Manager Markus reported his family visited the Iowa City area over the Labor day week -end and enjoyed a number of different events; saying "Hi" to granddaughter Grace Lily who was still in Iowa City. Moved by Wilburn, seconded by Bailey, to adjourn meeting 7:40 p.m. Matthew J. Hayek, Mayor Mar n 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. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS — 8/1/11 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. All actions were affirmative and unanimous. 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. Moved and seconded to adjourn special meeting 5:35 p.m. 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 v Submitted or publication k-81411 1. CITY OF IOWA CITY 3a(2) MEMORANDUM Date: August 11, 2011 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, August 1, 2011, 6:30 PM in Emma J. Harvat Hall Council: Bailey. Champion, Dickens, Hayek, Mims, Wilburn, Wright UISG: None Staff: Markus, Helling, Dilkes, Karr, Knoche, Fosse, Davidson, Morris, Gannon, Havel, Yapp, Moran, O'Brien, Ackerson, Nagle -Gamm, Hargadine (A complete transcription is available in the City Clerk's Office and the City website) FIRST AVENUE /RAILROAD GRADE SEPARATION PROJECT [IP3 of 7128 Info Packet] City Engr. Knoche presented a power point, and distributed a handout "First Avenue / Railroad Grade Separation Project ". Majority agreed to proceed. Staff Action: Proceed as outlined. (Knoche) COUNCIL APPOINTMENTS Airport Zoning Board of Adjustment — No applicants, readvertise Airport Zoning Board of Adjustment — No applicants, readvertise Airport Zoning Commission — No applicants, readvertise Airport Zoning Commission — No applicants, readvertise Board of Appeals (Mechanical Professional) — No applicants, readvertise Board of Appeals (Building Design Professional) — No applicants, readvertise Housing & Community Development — Michael McKay; Cheryll Clamon; Michelle Bacon Curry Parks & Recreation Commission —Allison Gnade Police Citizens Review Board — Don King Senior Center Commission — No applicants, readvertise Youth Advisory Commission (Regina High) — James Nepola Youth Advisory Commission (Tate High) - No applicants, readvertise AGENDA ITEMS 1. (Agenda item # 8 — resolution determining ... urban renewal plan ... Scott Six Urban Renewal Area, amendment No. 1) In response to Council Member Wright, PCD Dir. Davidson stated that the School District did not appear at the consultation to raise any issues regarding TIF in the area. 2. (Agenda item # 9 — resolution adopting ... FY11 Annual Action Plan Amendment # 4 ... U.S. Department of Housing and Urban Development) In response to Council Member Bailey, PCD Dir. Davidson said he would follow up on the question of whether the 5 year compliance period was standard. Council Work Session August 1, 2011 Page 2 TRAFFIC ENFORCEMENT CAMERAS [IP4 of 7128 Info Packet] Transportation Planner Yapp and Police Chief Hargadine present for discussion. Majority agreed to proceed with red light cameras and hold off on speed cameras at a later time. Staff Action: Prepare request for proposal for installation in 5 -7 intersections; and ordinance for Council consideration. (Yapp, Hargadine). REVIEW TRAFFIC CALMING POLICY [IP5 of 7128 Info Packet; Agenda #3g(16)] Transportation Planner Yapp presented information. Majority agreed to the change recommended to modify language in the maximum vehicle threshold per day. Staff Action: Prepare change for Council action. (Yapp) INFORMATION PACKET DISCUSSION [July 7; July 21; July 28] July 7 — nothing July 21 — nothing July 28 — (Info Packet IP13 — ECICOG Express Newsletter) Council Member Bailey noted the public input being requested on transportation and questioned staff presence. City Manager Markus and PCD Dir. Davidson will discuss benefit of attending or minimally a letter. COUNCIL TIME 1. In response to Council Member Champion, majority agreed to add to the pending list, and schedule discussion of the Partnership for Alcohol Safety (PAS) recommendations on changes to the 21 ordinance exceptions to an upcoming work session. Staff will provide input on the recommendations and possible alternatives. 2. In response to Mayor Hayek, Council agreed to schedule evaluations of the City Attorney, City Manager, and City Clerk at the end of a scheduled meeting this summer. BUDGET PRIORITIES Nothing SUMMARY OF PENDING WORK SESSION ISSUES [IP2 of 7128 Info Packet] Nothing UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS Council Member Bailey state she would be attending the ICAD legislative breakfast in August and wondered if others were attending. Members will check their calendars. DISCUSSION OF MEETING SCHEDULES [IP6 of 7128 Info Packet] 1. Council agreed to schedule the orientation of Council (current and incoming) after their strategic planning session on November 29. 2. Mayor Hayek suggested modifying the meeting schedule from four meeting nights a month to three by combining one work session into the same night, and scheduling the work session prior to a scheduled formal meeting. Majority expressed interest but agreed to wait until orientation to discuss and possibly starting the schedule January 1. Meeting adjourned 7:10 PM. UP) 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 — 8/2/11 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: None. The Mayor proclaimed: Country School Week in Johnson Country — second week in August. Rex Brandstatter, Johnson County Historical Society, accepted. Unless otherwise noted, all actions were affirmative and unanimous. Moved and seconded that the 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: July 5, Special Council Work Session; July 5, Regular Council Formal Official and Complete; July 12, 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): Board of Adjustment - June 8, 2011; Historic Preservation Commission - June 9, 2011; Human Rights Commission - June 21, 2011; Planning & Zoning Commission - June 2, 2011; Planning & Zoning Commission - July 7, 2011, Police Citizens Review Board - June 14, 2011; Youth Advisory Commission - May 1, 2011. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Okoboji Grill Restaurant, 1857 Lower Muscatine Rd.; Outdoor Service Area for Okoboji Grill Restaurant, 1857 Lower Muscatine Rd.; Class C Liquor License for 2 Dogs Pub, 1705 S. First Ave.; Five -Day Class B Beer Permit for Iowa City Fall Fun Fest Tent "A ", 2140 Rochester Ave.; Five -Day Class B Beer Permit for Iowa City Fall Fun Fest Tent "B ", 2140 Rochester Ave.; Outdoor Service Area for Iowa City Fall Fun Fest, 2140 Rochester Ave.; Class C Liquor License for The Library, 111 E. College St. Renewal: Class C Liquor License for Martini's, 127 E. College St.; Outdoor Service Area for Martini's, 127 E. College St.; Class C Liquor License for Mill Restaurant, 120 E. Burlington St.; Outdoor Service Area for Mill Restaurant, 120 E. Burlington St.; Class C Liquor License for T.C.B., 114 E. College St.; Class C Beer Permit for Liquor Downtown, 313 S. Gilbert St.; Class C Beer Permit for Deli Mart #1, 525 Hwy 1; Class C Beer Permit for Deli Mart #2, 1920 Lower Muscatine Rd.; Class C Beer Permit for Deli Mart #3, 2410 Mormon Trek Blvd.; Class C Beer Permit for Deli Mart #5,206 E. Benton St.; Class E Liquor License for Hy -Vee Drugstore, 310 N. First Ave.; Class C Liquor License for Orchard Green Restaurant, 521 S. Gilbert St.; Class C Beer Permit for Big Kmart #4315, 901 Hollywood Blvd.; Class C Liquor License for One Twenty Six, 126 E. Washington St.; Class C Beer Permit for L& M Mighty Shop, Inc., 504 E. Burlington St. RES. 11 -238, TO ISSUE DANCING PERMITS to Mill Restaurant, 120 E. Burlington St. and Iowa City Fall Fun Fest, 2140 Rochester Ave. Setting Public Hearings: RES. 11 -239, SETTING A PUBLIC HEARING FOR SEPTEMBER 6, 2011 REGARDING AN AMENDMENT TO CITY CODE 9 -3 -6 OF THE CODE OF ORDINANCES OF IOWA CITY ESTABLISHING THE SPEED LIMIT Official Actions August 2, 2011 Page 2 ON HIGHWAY 1 /NORTH DODGE STREET; RES. 11 -240, SETTING PUBLIC HEARING FOR SEPTEMBER 6, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 201 FERSON AVE; RES. 11 -241, SETTING PUBLIC HEARING FOR SEPTEMBER 6, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 920 LONGFELLOW PLACE. Resolutions: RES. 11 -242, AUTHORIZING APPLICATIONS FOR FUNDING ASSISTANCE FROM THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR DEVELOPMENT OF THE IOWA RIVER CORRIDOR TRAIL ALONG THE IOWA RIVER FROM INTERSTATE 80 TO PENINSULA PARK; RES. 11 -243, ACCEPTING THE WORK FOR THE 420TH STREET IMPROVEMENTS PROJECT; RES. 11 -244, ACCEPTING THE WORK FOR SANITARY SEWER, STORM SEWER, PAVING, CURB AND GUTTER, AND CERTAIN SIDEWALK PUBLIC IMPROVEMENTS INSTALLED WITH THE JOHNSON COUNTY HEALTH AND HUMAN SERVICES BUILDING, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 11 -245, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND RESIDENTIAL MORTGAGE NETWORK INC., CORALVILLE, IOWA FOR PROPERTY LOCATED AT 511 3 RD AVENUE, IOWA CITY, IOWA; RES. 11 -246, AUTHORIZING THE MAYOR TO SIGN AND THE CITYCLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES AND TWO PROMISSORY NOTES FOR THE PROPERTY LOCATED AT 7 ROWLAND COURT, IOWA CITY, IOWA; RES. 11 -247, AUTHORIZING THE MAYOR TO SIGN AND THE CITYCLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 605 MANOR DRIVE, IOWA CITY, IOWA; RES. 11 -248, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA VALLEY HABITAT FOR HUMANITY, AN IOWA NONPROFIT CORPORATION, FOR PROPERTY LOCATED AT 1806 ROCHESTER AVENUE, IOWA CITY, IOWA; RES. 11 -249, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARKING COVENANT FOR 328 EAST WASHINGTON STREET, IOWA CITY, IOWA; RES. 11 -250, AUTHORIZING THE MAYOR TO SIGN AND THE CITYCLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT 834 ST. ANNES DRIVE, IOWA CITY, IOWA; RES. 11 -251, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A DONATION OF ARCHEOLOGICAL MATERIAL AND ARTIFACTS COLLECTED FROM HICKORY HILL PARK TO THE UNIVERSITY OF IOWA, OFFICE OF THE STATE ARCHEOLOGIST; RES. 11 -252, AUTHORIZING THE MAYOR TO SIGN AND THE CITYCLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 410 IOWA AVENUE, IOWA CITY, IOWA; RES. 11 -253, AUTHORIZING THE MAYOR TO SIGN AND THE CITYCLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTY LOCATED AT 321 EAST FIRST STREET, IOWA CITY, IOWA; RES. 11 -254, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MClmetro ACCESS TRANSMISSION SERVICES LLC TO USE A PORTION OF CITY STREETS Official Actions August 2, 2011 Page 3 AND PUBLIC RIGHT -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. Motions: Authorizing the Mayor to sign a letter of agreement with Johnson County allowing selected township residents to vote with selected Iowa City Precincts; approve disbursements in the amount of $24,548,172.30 for the period of June 1 through June 30, 2011 as recommended by the Finance Director subject to audit. Correspondence: Traffic Engineering Planner regarding Installation of (1) Handicap Parking space on the north side of Normandy Drive, adjacent to 701 Normandy Drive property; Ronald Knoche regarding Competitive Quotation Results, Cathy Spaulding: Bridges Out of Poverty [staff response included]; Joyce Barker regarding This Happens Every Day [staff response included]; Robin M. Beining regarding Permits for Distribution of Business Handbills [staff response included]; Meredith Stensland regarding Goals /Priorities; Amanda Skinner regarding Nepotism /Cronyism Policy Reply [staff response included]; Jeffrey Kress regarding Plastic Bag Ban [staff response included]; Peter Anderson regarding Melrose Concerns on Football Gameday; Letters of Appreciation from Air Race Classic Participants; Andrew Duffy regarding Mephedrone Openly Sold [staff response included]; Kelly Bender regarding PAS (Partnership for Alcohol Safety) Recommendations for 21 Ordinance Exception Certificate; Gary Aggus regarding Roberts Dairy Plant closure; Kay Colangelo regarding Possible extension of Foster /Bjaysville Road to the east [staff response included]; Cliff Pirnat regarding Crandic bridge gate; James P Hayes, letter from 9 individuals regarding Traffic Calming; Corinne Stanley, Marie Green regarding Traffic Cameras. Bo -James owner Leah Cohen and University of Iowa Coordinator of Campus Community Harm Reduction Initiatives Kelly Bender provided Council additional information on the recommendations received from Partnership for Alcohol Safety (PAS), and requested Council consideration in the near future. Greg Geerdes, 890 Park Place, appeared re costs of flood mitigation /levees. Bud Sueppel, 30 Norwood Circle, appeared regarding the First Avenue Grade Separation Project. Moved and seconded to set a public hearing for September 6 on an ordinance rezoning approximately 10 acres of land located at 350 Dublin Drive from Planned Development Overlay 8 (OPD -8) to Planned Development Overlay Low Density Multi - Family 12 (OPD -RM12) (REZ11- 00005 /Melrose Meadows Retirement Community). Moved and seconded to set a public hearing for September 6 on an ordinance amending Title 14, Zoning Code, Article 9A, General Definitions, to clarify the definition of enlargement/expansion as it relates to alcohol sales- oriented uses. Moved and seconded to set a public hearing for September 6 on an ordinance amending paragraph 14- 413- 413-17, Sales- Oriented Retail in the CI -1 Zone, to allow pet supply stores. Moved and seconded to adopt RES. 11 -255, APPROVING THE PRELIMINARY PLAT OF STONE BRIDGE ESTATES PART TEN, IOWA CITY, IOWA (SUB11- 00007). Developer John Moreland present for discussion. Moved and seconded to adopt RES. 11 -256, APPROVING THE PRELIMINARY PLAT OF ROCHESTER RIDGE, IOWA CITY, IOWA (SUB11- 00001). Moved and seconded to adopt RES. 11 -257, APPROVING THE FINAL PLAT OF ROCHESTER RIDGE PART ONE, IOWA CITY, IOWA (SUB11- 00008). Official Actions August 2, 2011 Page 4 Moved and seconded that the ordinance amending the Iowa City Zoning Code, Articles 14 -4A, Use Categories, and 14 -9A, General Definitions, to add a definition of Parental Group Home, be given second vote. Moved and seconded that ORD. 11 -4439, CONDITIONALLY REZONING APPROXIMATELY 0.69 -ACRES OF PROPERTY LOCATED AT 1014, 1016 AND 1022 HUDSON AVENUE FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS -8) TO COMMUNITY COMMERCIAL (CC -2) (REZ11- 00008), be passed and adopted. A public hearing was held on a resolution authorizing conveyance of a single family home located at 519 North Johnson Street. Moved and seconded to adopt RES. 11 -258, authorizing CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 519 NORTH JOHNSON STREET. A public hearing was held on a resolution authorizing conveyance of a single family home located at 904 Bowery Street. Moved and seconded to adopt RES. 11 -259, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 904 BOWERY STREET. A public hearing was held on a resolution determining an area of the city 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 urban renewal plan for the Scott Six Urban Renewal Area, Amendment No. 1. Moved and seconded to adopt RES. 11 -260, DETERMINING AN AREA OF THE CITY 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 URBAN RENEWAL PLAN FOR THE SCOTT SIX URBAN RENEWAL AREA, AMENDMENT NO. 1. A public hearing was held on a resolution adopting Iowa City's FY11 Annual Action Plan Amendment # 4, 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. Moved and seconded to adopt RES. 11 -261, ADOPTING IOWA CITY'S FY11 ANNUAL ACTION PLAN AMENDMENT # 4, 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. 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 -4440, AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION AND FEES" AND TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC" OF THE IOWA CITY CODE OF ORDINANCES TO ESTABLISH DOWNTOWN MOPED PARKING PERMIT REQUIREMENTS AND FEES, be voted on for final passage at this time. Moved and seconded that the ordinance be finally adopted at this time. Official Actions August 2, 2011 Page 5 Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 11- 4441, AMENDING SECTION 1 -9 -313 OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA, ESTABLISHING THE BOUNDARIES OF THE VOTING PRECINCTS IN IOWA CITY; AND SECTION 1 -5 -1 OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA, ESTABLISHING THE VOTING PRECINCTS THAT COMPRISE THE THREE CITY COUNCIL DISTRICTS IN IOWA CITY, be voted on for final passage at this time. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to adopt RES. 11 -262, ACCEPTING AUTHORIZING THE MAYOR TO ACCEPT A COMMUNITY DEVELOPMENT BLOCK GRANT FOR A STUDY TO IDENTIFY IMPACTS OF AND REVIEW ALTERNATIVES FOR FLOOD PROTECTION ALONG TAFT SPEEDWAY AND TO EXECUTE THE GRANT AGREEMENT. The following individuals appeared: Joel Wilcox, 119 Taft Speedway; Sally Cline, 33 Trevose Place; Tom Novak, 609 Manor Dr.; Joye McKusick, 805 Normandy Dr.; Bradley Kaldahl, 701 Normandy Dr.; Cathy Wilcox, 119 Taft Speedway; and Greg Geerdes, 890 Park Place. Moved and seconded to adopt RES. 11 -263, 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 HDR INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE TAFT SPEEDWAY FLOOD MITIGATION STUDY PROJECT. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Dickens, Hayek, Mims, Wilburn, Wright, Bailey. Nays: Champion. Absent: None. Moved and seconded to accept correspondence from Jim White Sr. and Carol Seydel, Mike Crawford (2), Angela Tegen, Douglas and Mary Kathryn Wallace, Susan Pappas, Erica Pennington, Mary Murphy, Chuck Grassley re Sonia Ryang, Marilyn Rosenquist, Becky Hall (2). Moved and seconded to adopt RES. 11 -264, APPROVING GRANT PROGRAMS IN THE TOWNCREST URBAN RENEWAL AREA FOR FACADE RENOVATION, PREDEVELOPMENT DESIGN ASSISTANCE AND GAP FINANCING. The Mayor declared the resolution adopted, 6/0/1, Champion abstaining due to a conflict of interest. Moved and seconded to adopt RES. 11 -265, AWARDING CONTRACT to Advanced Electrical Services, Inc. for $99,259.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE COLLEGE GREEN PARK LIGHTING REPLACEMENT PROJECT. Moved and seconded to adopt RES. 11 -266, AWARDING CONTRACT to Feldman Concrete for $ 177,967.60 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE NORTH MARKET SQUARE PARK IMPROVEMENTS PROJECT. Moved and seconded to adopt RES. 11 -267, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT #1 TO THE OCTOBER 2, 2007 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHIVE- HATTERY, INC. TO PROVIDE ARCHITECTURAL AND ENGINEERING CONSULTANT SERVICES FOR THE EASTSIDE RECYCLING CENTER PROJECT (2401 SCOTT BOULEVARD). Moved and seconded to adopt RES. 11 -268, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE Official Actions August 2, 2011 Page 6 OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER THREE GUYS HOLDINGS LLP, AND TENANT THAI SPICE INC., D /B /A THAI SPICE CAFE, FOR A SIDEWALK CAFE. Moved and seconded to adopt RES. 11 -269, RATIFYING SETTLEMENT OF PENDING LITIGATION. The Mayor noted a correction to the current vacancy for the Parks & Recreation Commission for an unexpired term, effective upon appointment, plus a four -year term January 1, 2012 — January 1, 2016. Applications must be received by 5:00 p.m., Wednesday, September 14, 2011. Correspondence received from Jerry Raaz. Moved and seconded to make the following appointments to Boards and Commissions: appoint Michelle Bacon Curry, 2807 Eastwood Drive, Michael McKay, 1105 Keokuk Street, Cheryll Clamon, 1023 Village Green Road, to the Housing & Community Development Commission for three vacancies for three -year terms September 1, 2011 — September 1, 2014; appoint Alison Gnade, 512 N. Van Buren, to the Parks & Recreation Commission for an unexpired term, effective upon appointment, ending January 1, 2014; appoint Donald King, 2374 Kristian Street, to the Police Citizens Review Board for a four -year term September 1, 2011 — September 1, 2015; appoint Jane Nepola, 355 Butternut Lane, Youth Advisory Commission for Regina High representative for an unexpired term, effective upon appointment, plus a two -year term January 1, 2012 — December 31, 2013. The Mayor noted 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 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; Senior Center Commission for an unexpired term, effective upon appointment, ending December 31, 2012; Youth Advisory Commission for a Tate High representative for a two -year term January 1, 2011 — December 31, 2012. Moved and seconded to accept correspondence from Joseph Younker and Colleen Rapp. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Moved and seconded to adjourn meeting 8:30 p.m. 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 s /Marian .Karr,, City C,lgrk� � ZQ-l'v � �2=Z & Submitted r publication — 8/10/11. �� Subject to change as finalized by the City Clerk. For a final official copy, contact the City 3a(4) 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 — 8/29/11 Iowa City City Council special meeting, 12:00 Noon at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Hayek, Mims, Wright. Absent: Bailey, Wilburn. All actions were affirmative and unanimous. Moved and seconded that the ordinance amending Section 1 -9 -313 of the Code of Ordinances of Iowa City, Iowa, establishing the boundaries of the voting precincts in Iowa City; and Section 1 -5 -1 of the Code of Ordinances of Iowa City, Iowa, establishing the voting precincts that comprise the three City Council Districts in Iowa City, and repealing Ord. 11- 4441, be given first vote. Moved and seconded to adjourn meeting 12:05 p.m. 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 Sub it eor pu lication — 8/30/11. t 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 — 8/31/11 Iowa City City Council special meeting, at 8:00 a.m. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wright. Absent: Wilburn. Staff members present: Markus, Helling, Dilkes, Karr, Bentley, Andrew. All actions were affirmative and unanimous. 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- 4442, AMENDING SECTION 1 -9 -313 OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA, ESTABLISHING THE BOUNDARIES OF THE VOTING PRECINCTS IN IOWA CITY; AND SECTION 1 -5 -1 OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA, ESTABLISHING THE VOTING PRECINCTS THAT COMPRISE THE THREE CITY COUNCIL DISTRICTS IN IOWA CITY, AND REPEALING ORD. 11 -4441, be voted on for final passage at this time. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to authorize the Mayor to sign a letter of agreement with Johnson County allowing selected township residents to vote with selected Iowa City precincts. Moved and seconded to adjourn special meeting 8:02 p.m. 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 Cle k Submitted for publication — 9/1/11. 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 AUGUST 1, 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. All actions were affirmative and unanimous. Moved by Wright, seconded by Mims, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Council adjourned into executive session 5:32 p.m. Council returned to open session 5:35 p.m. Moved by Wright, seconded by Wilburn, to adjourn special meeting 5:35 p.m. 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 AUGUST 2, 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, Fosse, Rummel, Davidson, Bentley, Moran, Purdy, Morris. The Mayor proclaimed: Country School Week in Johnson Country — second week in August. Rex Brandstatter, Johnson County Historical Society, accepted. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Champion, seconded by Mims, that the 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: July 5, Special Council Work Session; July 5, Regular Council Formal Official and Complete; July 12, 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): Board of Adjustment - June 8, 2011; Historic Preservation Commission - June 9, 2011; Human Rights Commission - June 21, 2011; Planning & Zoning Commission - June 2, 2011; Planning & Zoning Commission - July 7, 2011; Police Citizens Review Board - June 14, 2011; Youth Advisory Commission - May 1, 2011. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Middle E, LLC., dba Okoboji Grill Restaurant, 1857 Lower Muscatine Rd.; Outdoor Service Area for Middle E, LLC., dba Okoboji Grill Restaurant, 1857 Lower Muscatine Rd.; Class C Liquor License for Eckhardt Management dba 2 Dogs Pub, 1705 S. First Ave.; Five -Day Class B Beer Permit for Iowa City Fall Fun Fest, Inc., dba Iowa City Fall Fun Fest Tent "A ", 2140 Rochester Ave.; Five -Day Class B Beer Permit for Iowa City Fall Fun Fest, Inc., dba Iowa City Fall Fun Fest Tent "B ", 2140 Rochester Ave.; Outdoor Service Area for Iowa City Fall Fun Fest, Inc., dba Iowa City Fall Fun Fest, 2140 Rochester Ave.; Class C Liquor License for The Library Downtown, LLC, dba The Library, 111 E. College St. Renewal: Class C Liquor License for High Energy Food Concepts, Inc., dba Martini's, 127 E. College St.; Outdoor Service Area for High Energy Food Concepts, Inc., dba Martini's, 127 E. College St.; Class C Liquor License for I.C. Mill Associates, LLC, dba Mill Restaurant, 120 E. Burlington St.; Outdoor Service Area for I.C. Mill Associates, LLC, dba Mill Restaurant, 120 E. Burlington St.; Class C Liquor License for DTW, Inc., dba T.C.B., 114 E. College St.; Class C Beer Permit for Jason Caylor dba Liquor Downtown, 313 S. Gilbert St.; Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #1, 525 Hwy 1; Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #2, 1920 Lower Muscatine Rd.; Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #3, 2410 Mormon Trek Blvd.; Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #5,206 E. Benton St.; Class E Liquor License for Hy -Vee, Inc., dba Hy -Vee Drugstore, 310 N. First Ave.; Class C Liquor License for Orchard Green, Inc., dba Orchard Green Restaurant, 521 S. Gilbert St.; Class C Beer Permit for Kmart Corporation, dba Big Kmart #4315, 901 Hollywood Blvd.; Class C Liquor License for Chackalackal, Inc., dba One Twenty Six, 126 E. Washington St.; Complete Description August 2, 2011 Page 2 Class C Beer Permit for L & M Mighty Shop, Inc., dba L& M Mighty Shop, Inc., 504 E. Burlington St. RES. 11 -238, TO ISSUE DANCING PERMITS to I.C. Mill Associates, LLC, dba Mill Restaurant, 120 E. Burlington St. and Iowa City Fall Fun Fest, Inc., dba Iowa City Fall Fun Fest, 2140 Rochester Ave. Setting Public Hearings: RES. 11 -239, SETTING A PUBLIC HEARING FOR SEPTEMBER 6, 2011 REGARDING AN AMENDMENT TO CITY CODE 9 -3 -6 OF THE CODE OF ORDINANCES OF IOWA CITY ESTABLISHING THE SPEED LIMIT ON HIGHWAY 1 /NORTH DODGE STREET; RES. 11 -240, SETTING PUBLIC HEARING FOR SEPTEMBER 6, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 201 FERSON AVE; RES. 11 -241, SETTING PUBLIC HEARING FOR SEPTEMBER 6, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 920 LONGFELLOW PLACE. Resolutions: RES. 11 -242, AUTHORIZING APPLICATIONS FOR FUNDING ASSISTANCE FROM THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR DEVELOPMENT OF THE IOWA RIVER CORRIDOR TRAIL ALONG THE IOWA RIVER FROM INTERSTATE 80 TO PENINSULA PARK; RES. 11 -243, ACCEPTING THE WORK FOR THE 420TH STREET IMPROVEMENTS PROJECT; RES. 11 -244, ACCEPTING THE WORK FOR SANITARY SEWER, STORM SEWER, PAVING, CURB AND GUTTER, AND CERTAIN SIDEWALK PUBLIC IMPROVEMENTS INSTALLED WITH THE JOHNSON COUNTY HEALTH AND HUMAN SERVICES BUILDING, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 11 -245, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND RESIDENTIAL MORTGAGE NETWORK INC., CORALVILLE, IOWA FOR PROPERTY LOCATED AT 511 3RD AVENUE, IOWA CITY, IOWA; RES. 11 -246, AUTHORIZING THE MAYOR TO SIGN AND THE CITYCLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES AND TWO PROMISSORY NOTES FOR THE PROPERTY LOCATED AT 7 ROWLAND COURT, IOWA CITY, IOWA; RES. 11 -247, AUTHORIZING THE MAYOR TO SIGN AND THE CITYCLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 605 MANOR DRIVE, IOWA CITY, IOWA; RES. 11 -248, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA VALLEY HABITAT FOR HUMANITY, AN IOWA NONPROFIT CORPORATION, FOR PROPERTY LOCATED AT 1806 ROCHESTER AVENUE, IOWA CITY, IOWA; RES. 11 -249, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARKING COVENANT FOR 328 EAST WASHINGTON STREET, IOWA CITY, IOWA; RES. 11 -250, AUTHORIZING THE MAYOR TO SIGN AND THE CITYCLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT 834 ST. ANNES DRIVE, IOWA CITY, IOWA; RES. 11 -251, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A DONATION OF ARCHEOLOGICAL MATERIAL AND ARTIFACTS COLLECTED FROM HICKORY HILL PARK TO THE UNIVERSITY OF IOWA, OFFICE OF THE STATE ARCHEOLOGIST; RES. 11 -252, AUTHORIZING THE MAYOR TO SIGN AND THE CITYCLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE Complete Description August 2, 2011 Page 3 PROPERTY LOCATED AT 410 IOWA AVENUE, IOWA CITY, IOWA; RES. 11 -253, AUTHORIZING THE MAYOR TO SIGN AND THE CITYCLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTY LOCATED AT 321 EAST FIRST STREET, IOWA CITY, IOWA; RES. 11 -254, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MClmetro ACCESS TRANSMISSION SERVICES LLC TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHT -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. Motions: Authorizing the Mayor to sign a letter of agreement with Johnson County allowing selected township residents to vote with selected Iowa City Precincts; approve disbursements in the amount of $24,548,172.30 for the period of June 1 through June 30, 2011 as recommended by the Finance Director subject to audit. Correspondence: Traffic Engineering Planner regarding Installation of (1) Handicap Parking space on the north side of Normandy Drive, adjacent to 701 Normandy Drive property; Ronald Knoche regarding Competitive Quotation Results; Cathy Spaulding: Bridges Out of Poverty [staff response included]; Joyce Barker regarding This Happens Every Day [staff response included]; Robin M. Beining regarding Permits for Distribution of Business Handbills [staff response included]; Meredith Stensland regarding Goals /Priorities; Amanda Skinner regarding Nepotism /Cronyism Policy Reply [staff response included]; Jeffrey Kress regarding Plastic Bag Ban [staff response included]; Peter Anderson regarding Melrose Concerns on Football Gameday; Letters of Appreciation from Air Race Classic Participants; Andrew Duffy regarding Mephedrone Openly Sold [staff response included]; Kelly Bender regarding PAS (Partnership for Alcohol Safety) Recommendations for 21 Ordinance Exception Certificate; Gary Aggus regarding Roberts Dairy Plant closure; Kay Colangelo regarding Possible extension of Foster /Bjaysville Road to the east [staff response included]; Cliff Pirnat regarding Crandic bridge gate; James P Hayes, letter from 9 individuals regarding Traffic Calming; Corinne Stanley, Marie Green regarding Traffic Cameras. Bo -James owner Leah Cohen and University of Iowa Coordinator of Campus Community Harm Reduction Initiatives Kelly Bender provided Council additional information on the recommendations received from Partnership for Alcohol Safety (PAS), and requested Council consideration in the near future. Greg Geerdes, 890 Park Place, appeared re costs of flood mitigation /levees. Bud Sueppel, 30 Norwood Circle, appeared regarding the First Avenue Grade Separation Project. Moved by Wright, seconded by Mims, to set a public hearing for September 6 on an ordinance rezoning approximately 10 acres of land located at 350 Dublin Drive from Planned Development Overlay 8 (OPD -8) to Planned Development Overlay Low Density Multi - Family 12 (OPD -RM12) (REZ11- 00005 /Melrose Meadows Retirement Community). Moved by Champion, seconded by Wright, to set a public hearing for September 6 on an ordinance amending Title 14, Zoning Code, Article 9A, General Definitions, to clarify the definition of enlargement/expansion as it relates to alcohol sales- oriented uses. Moved by Bailey, seconded by Dickens, to set a public hearing for September 6 on an ordinance amending paragraph 14- 413- 413-17, Sales- Oriented Retail in the CIA Zone, to allow pet supply stores. Complete Description August 2, 2011 Page 4 Moved by Mims, seconded by Dickens, to adopt RES. 11 -255, APPROVING THE PRELIMINARY PLAT OF STONE BRIDGE ESTATES PART TEN, IOWA CITY, IOWA (SUB11- 00007). PCD Dir. Davidson presented a power point, and Developer John Moreland present for discussion. Moved by Mims, seconded by Dickens, to adopt RES. 11 -256, APPROVING THE PRELIMINARY PLAT OF ROCHESTER RIDGE, IOWA CITY, IOWA (SUB11- 00001). PCD Dir. Davidson presented a power point. Moved by Bailey, seconded by Champion, to adopt RES. 11 -257, APPROVING THE FINAL PLAT OF ROCHESTER RIDGE PART ONE, IOWA CITY, IOWA (SUB11- 00008). Moved by Bailey, seconded by Mims, that the ordinance amending the Iowa City Zoning Code, Articles 14 -4A, Use Categories, and 14 -9A, General Definitions, to add a definition of Parental Group Home, be given second vote. Moved by Bailey, seconded by Mims, that ORD. 11 -4439, CONDITIONALLY REZONING APPROXIMATELY 0.69 -ACRES OF PROPERTY LOCATED AT 1014, 1016 AND 1022 HUDSON AVENUE FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS -8) TO COMMUNITY COMMERCIAL (CC -2) (REZ11- 00008), be passed and adopted. The Mayor requested Council Members disclose any ex parte communications, and none were reported. A public hearing was held on a resolution authorizing conveyance of a single family home located at 519 North Johnson Street. No one appeared. Moved by Wilburn, seconded by Bailey, to adopt RES. 11 -258, authorizing CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 519 NORTH JOHNSON STREET. A public hearing was held on a resolution authorizing conveyance of a single family home located at 904 Bowery Street. No one appeared. Moved by Bailey, seconded by Wright, to adopt RES. 11 -259, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 904 BOWERY STREET. A public hearing was held on a resolution determining an area of the city 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 urban renewal plan for the Scott Six Urban Renewal Area, Amendment No. 1. No one appeared. Moved by Mims, seconded by Bailey, to adopt RES. 11 -260, DETERMINING AN AREA OF THE CITY 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 URBAN RENEWAL PLAN FOR THE SCOTT SIX URBAN RENEWAL AREA, AMENDMENT NO. 1. A public hearing was held on a resolution adopting Iowa City's FY11 Annual Action Plan Amendment # 4, 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. PCD Dir. Davidson present for discussion. Complete Description August 2, 2011 Page 5 Moved by Mims, seconded by Bailey, to adopt RES. 11 -261, ADOPTING IOWA CITY'S FY11 ANNUAL ACTION PLAN AMENDMENT # 4, 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. Moved by Wilburn, seconded by Mims, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 11 -4440, AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION AND FEES" AND TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC" OF THE IOWA CITY CODE OF ORDINANCES TO ESTABLISH DOWNTOWN MOPED PARKING PERMIT REQUIREMENTS AND FEES, be voted on for final passage at this time. Moved by Wilburn, seconded by Wright, that the ordinance be finally adopted at this time. 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 -4441, AMENDING SECTION 1 -9 -3B OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA, ESTABLISHING THE BOUNDARIES OF THE VOTING PRECINCTS IN IOWA CITY; AND SECTION 1 -5 -1 OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA, ESTABLISHING THE VOTING PRECINCTS THAT COMPRISE THE THREE CITY COUNCIL DISTRICTS IN IOWA CITY, be voted on for final passage at this time. Moved by Wilburn, seconded by Bailey, that the ordinance be finally adopted at this time. Moved by Bailey, seconded by Mims, to adopt RES. 11 -262, ACCEPTING AUTHORIZING THE MAYOR TO ACCEPT A COMMUNITY DEVELOPMENT BLOCK GRANT FOR A STUDY TO IDENTIFY IMPACTS OF AND REVIEW ALTERNATIVES FOR FLOOD PROTECTION ALONG TAFT SPEEDWAY AND TO EXECUTE THE GRANT AGREEMENT. The Mayor stated discussion would be held on items 12 and 13 at this time. The following individuals appeared: Joel Wilcox, 119 Taft Speedway; Sally Cline, 33 Trevose Place; Tom Novak, 609 Manor Dr.; Joye McKusick, 805 Normandy Dr.; Bradley Kaldahl, 701 Normandy Dr.; Cathy Wilcox, 119 Taft Speedway; and Greg Geerdes, 890 Park Place. Individual Council Members expressed their views. Moved by Bailey, seconded by Mims, to adopt RES. 11 -263, 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 HDR INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE TAFT SPEEDWAY FLOOD MITIGATION STUDY PROJECT. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Dickens, Hayek, Mims, Wilburn, Wright, Bailey. Nays: Champion. Absent: None. Moved by Wilburn, seconded by Wright, to accept correspondence from Jim White Sr. and Carol Seydel, Mike Crawford (2), Angela Tegen, Douglas and Mary Kathryn Wallace, Susan Pappas, Erica Pennington, Mary Murphy, Chuck Grassley re Sonia Ryang, Marilyn Rosenquist, Becky Hall (2). Moved by Bailey, seconded by Dickens, to adopt RES. 11 -264, APPROVING GRANT PROGRAMS IN THE TOWNCREST URBAN RENEWAL AREA FOR FAQADE RENOVATION, PREDEVELOPMENT DESIGN ASSISTANCE AND GAP FINANCING. The Mayor declared the resolution adopted, 6/0/1, Champion abstaining due to a conflict of interest. Complete Description August 2, 2011 Page 6 Moved by Wright, seconded by Dickens, to adopt RES. 11 -265, AWARDING CONTRACT to Advanced Electrical Services, Inc. for $99,259.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE COLLEGE GREEN PARK LIGHTING REPLACEMENT PROJECT. Moved by Bailey, seconded by Dickens, to adopt RES. 11 -266, AWARDING CONTRACT to Feldman Concrete for $ 177,967.60 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE NORTH MARKET SQUARE PARK IMPROVEMENTS PROJECT. Moved by Mims, seconded by Champion, to adopt RES. 11 -267, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT #1 TO THE OCTOBER 2, 2007 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHIVE- HATTERY, INC. TO PROVIDE ARCHITECTURAL AND ENGINEERING CONSULTANT SERVICES FOR THE EASTSIDE RECYCLING CENTER PROJECT (2401 SCOTT BOULEVARD). Moved by Bailey, seconded by Dickens, to adopt RES. 11 -268, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER THREE GUYS HOLDINGS LLP, AND TENANT THAI SPICE INC., D /B /A THAI SPICE CAFE, FOR A SIDEWALK CAFE. Moved by Wright, seconded by Champion, to adopt RES. 11 -269, RATIFYING SETTLEMENT OF PENDING LITIGATION (Tyrone Dye). The Mayor noted a correction to the current vacancy for the Parks & Recreation Commission for an unexpired term, effective upon appointment, plus a four -year term January 1, 2012 - January 1, 2016. Applications must be received by 5:00 p.m., Wednesday, September 14, 2011. Correspondence received from Jerry Raaz. Moved by Bailey, seconded by Mims, to make the following appointments to Boards and Commissions: appoint Michelle Bacon Curry, 2807 Eastwood Drive, Michael McKay, 1105 Keokuk Street, Cheryll Clamon, 1023 Village Green Road, to the Housing & Community Development Commission for three vacancies for three -year terms September 1, 2011 - September 1, 2014; appoint Alison Gnade, 512 N. Van Buren, to the Parks & Recreation Commission for an unexpired term, effective upon appointment, ending January 1, 2014; appoint Donald King, 2374 Kristian Street, to the Police Citizens Review Board for a four -year term September 1, 2011 - September 1, 2015, appoint Jane Nepola, 355 Butternut Lane, Youth Advisory Commission for Regina High representative for an unexpired term, effective upon appointment, plus a two -year term January 1, 2012 - December 31, 2013. The Mayor noted 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 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; Senior Center Commission for an unexpired term, effective upon appointment, ending December 31, 2012; Complete Description August 2, 2011 Page 7 Youth Advisory Commission for a Tate High representative for a two -year term January 1, 2011 — December 31, 2012. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. Moved by Wilburn, seconded by Mims, to accept correspondence from Joseph Younker and Colleen Rapp. 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.] Mayor Pro tem Wilburn thanked the police department for their efforts routing traffic through Iowa City with RAGBRAI; and Council Member Bailey commended Coralville for bidding and hosting the riders and how much fun it was to have them come thru Iowa City. Mayor Hayek noted the passing Music Professor Charles Wendt and local food producer Bob Braverman. Moved by Bailey, seconded by Wilburn, to adjourn meeting 8:30 p.m. 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 AUGUST 29, 2011 Iowa City City Council special meeting, 12:00 Noon at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Hayek, Mims, Wright. Absent: Bailey, Wilburn. Staff members present: Markus, Helling, Dilkes, Karr, Bentley, Andrew. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Champion, seconded by Dickens, that the ordinance amending Section 1 -9- 36 of the Code of Ordinances of Iowa City, Iowa, establishing the boundaries of the voting precincts in Iowa City; and Section 1 -5 -1 of the Code of Ordinances of Iowa City, Iowa, establishing the voting precincts that comprise the three City Council Districts in Iowa City, and repealing Ord. 11 -4441, be given first vote. Moved by Wright, seconded by Mims, to adjourn meeting 12:05 p.m. 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 AUGUST 31, 2011 Iowa City City Council special meeting, at 8:00 a.m. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wright. Absent: Wilburn. Staff members present: Markus, Helling, Dilkes, Karr, Bentley, Andrew. All actions were affirmative and unanimous. Moved by Wright, 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. 11 -4442, AMENDING SECTION 1 -9 -313 OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA, ESTABLISHING THE BOUNDARIES OF THE VOTING PRECINCTS IN IOWA CITY; AND SECTION 1 -5 -1 OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA, ESTABLISHING THE VOTING PRECINCTS THAT COMPRISE THE THREE CITY COUNCIL DISTRICTS IN IOWA CITY, AND REPEALING ORD. 11 -4441, be voted on for final passage at this time. Moved by Wright, seconded by Bailey, that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted. Moved by Bailey, seconded by Mims, authorizing the Mayor to sign a letter of agreement with Johnson County allowing selected township residents to vote with selected Iowa City precincts. Moved by Bailey, seconded by Mims, to adjourn special meeting 8:02 p.m. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk