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HomeMy WebLinkAbout2010-02-16 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES FEBRUARY 16, 2010 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Staff members present: Helling, Dilkes, Karr, Fosse, Davidson, Knoche. The Mayor presented Outstanding Student Citizenship Awards to Regina Elementary School students: Tom Pugh, Lauren Ronnfeldt, and Michael Sueppel. The Mayor proclaimed Peace Corps Week March 1-7, 2010. UI Campus Peace Corps Representative Fran Boyken accepted. The Mayor delivered the State of the City Address. Moved by Champion, seconded by Wright, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as presented: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: January 25, Special Council Work Session; January 25, Special Council Formal Official and Complete; February 1, Special Council Formal Official and Complete; February 1, Regular Council Work Session; February 2, Special Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). Telecommunications Commission -November 23, 2009; Senior Center Commission - December 17, 2009; Housing and Community Development Commission -December 3, 2009; Planning and Zoning Commission -January 21, 2010. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Oscar German, dba Sidelines Bar and Grill, 320 E. Burlington St.; Class C Liquor License for Etre Plaza Towers Restaurant, dba Formosa, 221 E. College St. Renewal: Class C Liquor License for One Poor Student ,Inc., dba One- Eyed Jakes, 18-20 S. Clinton St.; Class C Beer Permit for Kelly Stucker, dba Convenience Store, 106 S. Linn St.; Special Class C Liquor License for W & M, LLC dba Thai Flavors, 340 E. Burlington St.; Class C Liquor License for Motif, Ltd., dba Bo-James, 118 E. Washington St.; Class C Liquor License for Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S. Dubuque St.; Class C Liquor License for EI Ranchero, Inc., dba EI Ranchero Mexican Restaurant, 21 Sturgis Corner Dr.; Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee #3, 1201 N. Dodge St.; RES. 10-36, TO ISSUE DANCE PERMITS to Oscar German, dba Sidelines Bar and Grill, 320 E. Burlington St. and Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S. Dubuque St. Public Hearings: RES. 10-37, FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $17,750,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 201.0, OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 10-38, SETTING A PUBLIC Complete Description February 16, 2010 Page 2 HEARING ON MARCH 2, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE EAST SIDE RECYCLING CENTER 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. 10-39, AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE 2010 SIDEWALK INFILL PROJECT AND TO ACQUIRE PROPERTY FOR THE PROJECT; AND SETTING DATE OF PUBLIC HEARING FOR MARCH 23, 2010. Resolutions: RES. 10-40, ACCEPTING THE WORK FOR THE PUBLIC WORKS SALT STORAGE FACILITY PROJECT; RES. 10-41, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER WILLIAM AND HELEN BYINGTON, AND TENANT LITTLE DONKEYS, INC. D/B/A PANCHERO'S MEXICAN GRILL, FOR A SIDEWALK CAFE. Correspondence: AI Wells regarding Local News; Highway 1 Sidewalk Project letters from Katherine Parker Bryden, Paula Swygard; James and Shirley Knapp(X2) regarding Ralston Creek; John and Lauren Naeve regarding Greater Iowa City Housing Fellowship to provide low income housing rentals in Olde Towne Village- petition enclosed; Keene and Joan Swett regarding Public water fluoridation; Roger Bradley regarding Taxicab ordinance; Libris Fidelis regarding Sanctuary City; Russell Haught regarding Raises and property taxes; Nancy Hitchon regarding Landfill [staff response included]; Vincent Jiles regarding Request for an Appeal on Iowa City Curfew Ordinance [staff response included]; Karen Kubby regarding Hurray for Transit Drivers; Voldemars Pelds regarding Moss Green Urban Village [staff memorandum included]. The Mayor repeated the public hearings as set. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Jerry Graber, 1673 Hwy 2, Donnellson, appeared requesting Council review their present ordinance prohibiting redeeming gaming tickets for alcohol. Mayor Hayek reported that the Council had decided to talk about the issue at an upcoming work session. Moved by Bailey, seconded by Mims, to set a public hearing for March 2 on an ordinance conditionally rezoning 5.05-acres of land located at Mormon Trek Boulevard south of Eagle View Drive from Commercial Office (CO-1) to Intensive Commercial (CI-1) (REZ09- 00011 /Billion). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution amending the Comprehensive Plan to adjust the long-range planning growth area boundary to include approximately 132 acres of land proposed for annexation near the intersection of Highway 1 and Interstate 80 (Moss Green Development Corporation). PCD Dir. Davidson present for discussion. Moved by Champion, seconded by Bailey, to adopt RES. 10-42, AMENDING THE COMPREHENSIVE PLAN TO ADJUST THE LONG-RANGE PLANNING GROWTH AREA BOUNDARY TO INCLUDE APPROXIMATELY 132 ACRES OF LAND PROPOSED FOR ANNEXATION NEAR THE INTERSECTION OF HIGHWAY 1 AND INTERSTATE 80 (Moss Complete Description February 16, 2010 Page 3 Green Development Corporation). 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 for a voluntary annexation of approximately 132 acres of land near the intersection of Highway 1 and Interstate 80 (ANN09-00001 /Moss Green Development Corporation). PCD Dir. Davidson present for discussion. Moved by Bailey, seconded by Mims, to adopt RES. 10-43, FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 132 ACRES OF LAND NEAR THE INTERSECTION OF HIGHWAY 1 AND INTERSTATE 80 (ANN09-00001 /Moss Green Development Corporation). 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 rezoning approximately 132 acres of land from County Agricultural (C-AG) Zone to Interim Development -Research Park (ID-ORP) Zone for property located near the intersection of Highway 1 and Interstate 80 (REZ09-00006 / Moss Green Development Corporation). Moved by Bailey, seconded by Mims, that the ordinance rezoning approximately 132 acres of land from County Agricultural (C-AG) Zone to Interim Development -Research Park (ID-ORP) Zone for property located near the intersection of Highway 1 and Interstate 80 (REZ09-00006), be given first vote. The Mayor asked Council Members to disclose any ex parte communications, and none were reported. Wally Pelds, Pelds Engineering Company & Eco-4 ,appeared. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held to discuss the proposed operating budget for the fiscal year July 1, 2010, through June 30, 2011, the Proposed Three-Year Financial Plan for FY2011 - 2013, and also the Multi-Year Capital Improvements Program through fiscal year 2014. No one appeared. The Mayor noted the resolution adopting the budget would be considered at the March 2 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. 10-4382, AMENDING TITLE 12, ENTITLED "FRANCHISES", SECTIONS 12- 5-1 ENTITLED "ELECTRIC FRANCHISE FEE" AND 12-5-2 ENTITLED "GAS FRANCHISE FEE" TO REPEAL THE TWO PERCENT (2%) FRANCHISE FEE AND ENACT A ONE PERCENT (1%) FRANCHISE FEE ON THE GROSS REVENUE OF THE FRANCHISEE MIDAMERICAN ENERGY COMPANY DERIVED FROM THE DISTRIBUTION AND RETAIL SALE OF ELECTRICITY AND THE DISTRIBUTION, DELIVERY AND RETAIL SALE OF NATURAL GAS BY MIDAMERICAN, OR OTHER NATURAL GAS PROVIDERS UTILIZING THE DISTRIBUTION SYSTEM OF MIDAMERICAN, TO CUSTOMERS WITHIN THE CURRENT OR FUTURE CORPORATE LIMITS OF THE CITY OF IOWA CITY, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by 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 February 16, 2010 Page 4 and that the ordinance amending Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," to prohibit electronic signs on taxicabs and to clarify vehicle inspection requirements, be voted on for final passage at this time. The following individuals appeared from Five Stars Taxi: Teresa Bennett, Yasser Gaber, and Hatem Moustafa. After discussion the Mayor declared the motion defeated, 4/3 (extra majority required to waive reading), with the following division of roll call vote: Ayes: Bailey, Champion, Hayek, Wilburn. Nays: Wright, Dickens, Mims. Moved by Bailey, seconded by Wilburn, that the ordinance amending Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," to prohibit electronic signs on taxicabs and to clarify vehicle inspection requirements, be given second vote. The Mayor declared the motion carried, 4/3, with the following division of roll call vote: Ayes: Hayek, Wilburn, Bailey, Champion. Nays: Wright, Mims, Dickens. Moved by Wilburn, seconded by Bailey, to adopt RES. 10-45, ADOPTING THE IOWA CITY 2010 HAZARD MITIGATION PLAN. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Dickens, to adopt RES. 10-45, 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, as amended. The following individuals appeared: Keith Yenter, 734 Oakland Ave., and Sara Sullivan, 1555 Tracy Lane. Moved by Wilburn, seconded by Wright, to accept Court Order granting application for additional relief for property located at 734 Oakland Ave. and 829 Kirkwood Ave. from the City Attorney; and a copy of a photograph from Sara Sullivan. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. After discussion, moved by Wright, seconded by Bailey, to remove 734 Oakland Ave. and 1555 Tracy Lane from the assessment schedule and defer consideration to March 2 to allow staff to provide additional information. The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. Affirmative roll call vote unanimous on the resolution as amended, 7/0, all Council Members present. The Mayor declared the resolution adopted. Helen Rochart appeared regarding the procedure for providing additional information on March 2. The City Clerk explained that any correspondence received prior to the Thursday packet printing will be distributed with the packet; correspondence received later will be handed out at the meeting. Moved by Wright, seconded by Bailey, to approve a tentative agreement between the City of Iowa City and the Iowa City Association of Professional Firefighters. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Dickens, to approve a tentative agreement between the City of Iowa City and the Police Labor Relations Organization of Iowa City. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Mims, seconded by Bailey, to approve a motion to approve a tentative agreement between the City of Iowa City and the American Federation of State, County and Municipal Employees Local #183. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description February 16, 2010 Page 5 Moved by Champion, seconded by Wright, to adopt RES. 10-46, REPEALING RESOLUTION NO. 01-169. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Wright, to adopt RES. 10-47, ESTABLISHING A RULE FOR ELECTRONIC PARTICIPATION IN CITY COUNCIL MEETINGS. 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. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Dickens, to appoint Susan Mims to the JCCOG - ECICOG Assessment Structure Committee. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously announced vacancies on Boards and Commissions: Airport Commission to fill afour-year term March 1, 2010 -March 1, 2014; Civil Service Commission -One vacancy to fill afour-year term April 5, 2010 -April 7, 2014; Historic Preservation Commission for three vacancies, (1) At-Large, (1) Summit St representative, and (1) Brown St representative, to fill three-year terms March 29, 2010 -March 29, 2013; Telecommunications Commission to fill three-year terms March 13, 2010 -March 13, 2013. Applications must be received by 5:00 p.m., Wednesday, February 17, 2010; Airport Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus afive-year term January 1, 2007 -December 31, 2011; Airport Zoning Brd of Adjustment to fill afive-year term January 1, 2009 -December 31, 2013; Airport Zoning Commission -One vacancy to fill a six-year term January 1, 2006 -December 31, 2011; Airport Zoning Commission to fill a six-year term January 1, 2010 -December 31, 2015; Appeals, Board of to fill afive-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Police Citizens Review Board to fill an unexpired term, effective upon appointment, ending September 1, 2012; Youth Advisory Commission to fill a two-year term. January 1, 2009 -December 31, 2010, Tate High; Youth Advisory Commission to fill atwo-year term January 1, 2010 - December 31, 2011, Regina High. Applications must be received by 5:00 p.m., Wednesday, February 24, 2010; JCCOG Cool Cities Taskforce, At-Large, to fill aone-year term, effective upon appointment, ending March, 2011. Applications must be received by 5:00 p.m., Wednesday, March 17, 2010. Youth Advisory Commission, unexpired term, effective upon appointment, ending December 31, 2011, At-Large. Applications must be received by 5:00 p.m., Wednesday, March 31, 2010. Moved by Champion, seconded by Wilburn, to accept correspondence from Arianna Aron included in Council packet. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council Member Mims stated she will be representing the Mayor and Council at the Great Places signing event in Des Moines on the 17tH Council Member Wright reminded everyone of the Shelter House Book Sale at the United Methodist Church on February 27tH Council Member Bailey updated Council on UNESCO (City of Literature) by announcing the hiring of an Executive Director for the City of Literature, Janet Pilak, who will Complete Description February 16, 2010 Page 6 be on board April 1; a book festival planned for the week-end of July 16th; and Day of the Book event planned for April 23`d Mayor Pro tem Wilburn thanked the Trinity Episcopal Church for their recommitment to staying downtown and the redesign of the new building to include a LEED certification. Council Member Dickens reported on the University of Iowa Obermann Center Graduate Institute public poster session held February 12; encouraged everyone to vote for the Iowa Children's Museum in the Refresh Pepsi project; and thanked Mayor Hayek on his State of the City address. Mayor Hayek reported on his meeting with the University Provost and others relating to a partnership for alcohol safety with the University and will keep the Council apprised; and reminded everyone of the Chamber banquet on February 18. Moved by Wilburn, seconded by Mims, to adjourn meeting back to work session 8:35 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. ~~~ Matthew J. Haye ayor Ma ~ n K. Karr, City Jerk r 5a 1 `~,®,~,~ CITY OF IOWA CITY M~~o Date: January 25, 2010 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, January 25, 2010, 6:20 PM in Emma J. Harvat Hall Council: Bailey, Champion, Hayek, Mims, Wilburn, Wright. Absent: Dickens UISG Rep.: Shipley Staff: Helling, Dilkes, Karr, Fosse, Davidson, J. Grier, O'Malley, Jensen, Knoche (A complete transcription is available in the City Clerk's Office and the City website) AGENDA ITEMS 1. (Item # 9 -ordinance amending Title 13, Entitled "Airports and Aviation," Chapter 1, Entitled "Airport Commission" to provide that Commission Members shall be residents of Iowa City) Airport Commission Chair Rettig present for discussion. 2. (Item # 8 -renewal of Class C Liquor License ... One Eyed Jake's ....) Fire Marshall Grier present for discussion. City Atty. Dilkes requested that Consent Calendar item c5, consideration of a dancing permit for One-Eyed Jake's be deleted from the Consent Calendar and moved to item # 8 to allow Council discussion of all licenses for the establishment under one item. Majority agreed to amend the Consent Calendar to delete that item and add to item # 8. JCCOG DISTRIBUTION OF FEDERAL STIMULUS FUNDING Acting City Manager and PW Dir. Fosse noted the handout: - Copy of memo from Kris Ackerson, Asst. Transportation Planner dated January 25 to the JCCOG Urbanized Area Policy Board regarding Agenda item # 4(d): consider approval of projects to submit to IDOT for Stimulus II funding, and to amend the JCCOG Transportation Improvement Program consistent with these projects After review of the TTAC recommendations of January 21 and the impact on the recommendation to the City projects, Acting City Manager and PW Dir. Fosse outlined options to accept the recommendations to negotiate something different with the body. City Engr. Knoche present for discussion. Mayor Hayek stated that the Council will be looking into the current policy binding Council in JCCOG vote after formal Council action in February. INFORMATION PACKET DISCUSSION [Jan 14 and 21] None Council Work Session January 25, 2010 Page 2 COUNCIL TIME None COUNCIL ELECTRONIC MEETING PARTICIPATION After discussion a majority of Council expressed interest to pursue electronic participation. Staff action: Resolution will be prepared and equipment ordered. (Helling, Karr) BUDGET PRIORITIES Mayor Hayek noted the memo from the Finance Director (IP3 of 1/21 Info Packet) regarding FY 2011-2013 Financial Plan /debt service levy, asked if there were questions. No discussion. SUMMARY OF PENDING WORK SESSION ISSUES [info packet #2 of 1/21 Info Packet] Interim City Manager noted one addition, Water Fluoridation, tentatively added for March 22. UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS 1. Council Member Wright will be representing the Council at the employee appreciation luncheon on January 28. 2. Mayor Pro tem will be attending the Sertoma Club luncheon on February 11`h in the absence of the Mayor. DISCUSSION OF MEETING SCHEDULE 1. Council Member Bailey stated she would be unable to attend the JCCOG meeting on January 28. Mayor Hayek is unable to act as a substitute and Interim City Manager Helling will be attending for Bailey. 2. Council Member Wright stated his plans have changed and he will be able to attend the February 1 and 2 meetings and will not need to participate electronically. 3. Council Member Mims will be attending ECICOG meeting on January 28. 4. Council Member Wright will be attending affordable housing group meeting on January 28. 5. Mayor Hayek reported on his attendance at the Iowa Cultural Corridor Alliance (ICCA) Annual Meeting and Iowa Cultural Corridor Alliance Excellence in Innovation Awards (The Ickys) in Cedar Rapids the previous evening. Meeting adjourned 6:50 PM. ~3=16-1a 5a 2 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost of this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS -1/25/10 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Hayek, Mims, Wilburn, Wright. Absent: Dickens. The Mayor presented Outstanding Student Citizenship Awards to Lucas Elementary School students: Olivia Parrott and Benjamin Morony. The Mayor proclaimed Arts and Culture Day -January 24, 2010, Shaner Magalhaes, member of the Board of Directors of the Iowa Cultural Corridor Alliance, accepted. A presentation of two panels representing a brief history of Iowa City was made be Shaner Magalhaes, President of the Johnson County Historical Society to the City. The panels were prepared for a Community Stories Project at the museum, and will be displayed at the Iowa City Public Library. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended and to delete from the Consent Calendar and consider as part of Item 8, Dance Permit for One-Eyed Jake's: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: January 8, Special Council Work Session; January 8, Special Council Formal Official and Complete; January 11, Special Council Work Session; January 12, Special Council Formal Official and Complete; January 14, Special Council Work Session; January 19, Special Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Planning and Zoning Commission -November 19, 2009; Public Art Advisory Committee - September 9, 2009; Historic Preservation Commission -December 10, 2009; Board of Adjustment -December 16, 2009; Senior Center Commission -November 19, 2009; Police Citizens Review Board -November 3, 2009; Police Citizens Review Board Community Forum -November 18, 2009; Police Citizens Review Board -December 11, 2009; Human Rights Commission -November 17, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Slippery Petes, 118 S. Dubuque St.; Special Class C Liquor License for Leaf Kitchen, 301 '/2 Kirkwood Ave.; Renewal: Class C Liquor License for Pints, 118 S. Clinton St.; RES. 10-19, TO ISSUE DANCE PERMIT to Slippery Petes, 118 S. Dubuque St. Motion: approve disbursements in the amount of $14,325,124.96 for the period of December 1 through December 31, 2009, as recommended by the Finance Director subject to audit. Public Hearings: RES. 10-20, SETTING A PUBLIC HEARING ON FEBRUARY 2, 2010, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY FIRE STATION NO. 4 Official Actions January 25, 2010 Page 2 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. 10-21, SETTING A PUBLIC HEARING FOR FEBRUARY 2, 2010, ON AN ORDINANCE AMENDING TITLE 12, ENTITLED "FRANCHISES", SECTIONS 12-5-1 ENTITLED "ELECTRIC FRANCHISE FEE" AND 12-5-2 ENTITLED "GAS FRANCHISE FEE" TO REPEAL THE TWO PERCENT (2%) FRANCHISE FEE AND ENACT A ONE PERCENT (1%) FRANCHISE FEE ON THE GROSS REVENUE OF THE FRANCHISEE MIDAMERICAN ENERGY COMPANY DERIVED FROM THE DISTRIBUTION AND RETAIL SALE OF ELECTRICITY AND THE DISTRIBUTION, DELIVERY AND RETAIL SALE OF NATURAL GAS BY MIDAMERICAN, OR OTHER NATURAL GAS PROVIDERS UTILIZING THE DISTRIBUTION SYSTEM OF MIDAMERICAN, TO CUSTOMERS WITHIN THE CURRENT OR FUTURE CORPORATE LIMITS OF THE CITY OF IOWA CITY, AND ON A REVENUE PURPOSE STATEMENT SPECIFYING THE PURPOSE OR PURPOSES FOR WHICH THE REVENUE COLLECTED FROM THE FRANCHISE FEE WILL BE EXPENDED, AND DIRECTING THE CITY CLERK TO CAUSE NOTICE OF SAID PUBLIC HEARING AND SAID REVENUE PURPOSE STATEMENT TO BE PUBLISHED AS PROVIDED BY LAW; RES. 10-22, SETTING A PUBLIC HEARING ON FEBRUARY 2, 2010, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY KICKERS SOCCER PARK RENOVATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 10-23, ACCEPTING CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM CASEY'S GENERAL STORE; RES. 10-24, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A GRANT AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION (IDOT) FOR DEVELOPMENT OF THE IOWA RIVER CORRIDOR TRAIL CONNECTION TO THE TERRY TRUEBLOOD RECREATION AREA. Correspondence: Chickens letters received from Alicia Ambler, Cindi Bohnenkamp, Casey Kohrt [staff response included] ;Marc Moen regarding Summer of the Arts funding; Charlotte Walker regarding Letters from Jay Honohan and Nancy Wombacher; Clay Claussen regarding Support for Mike Moran as Parks and Recreation Director; Rev. John McKinstry regarding Use of the former St. Patrick's Parish Hall for the Shelter House; Garry Klein regarding Ambulance Service; Russell Haught regarding Affordable Housing; Tom Dean regarding Thank you; Paula Swygard regarding Thank You -Walkway in Miller-Orchard Neighborhood; Judy Pfohl regarding Saving money; Mary Heinz regarding Membership Fees for Senior Center. The Mayor declared the motion carried. Moved and seconded that ORD. 10-4377, AMENDING THE PLANNED DEVELOPMENT OVERLAY MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (OPD-8) ZONE FOR LOT 1, OLDE TOWNE VILLAGE, LOCATED ON WESTBURY DRIVE, SOUTH OF MIDDLEBURY ROAD, IN IOWA CITY, IOWA (REZ09-00010), be passed and adopted. 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 Official Actions January 25, 2010 Page 3 passed be suspended, the second consideration and vote be waived, and that ORD. 10- 4378, APPROVING A CONDITIONAL ZONING AGREEMENT FOR AUDITOR'S PARCEL 2008103, APPROXIMATELY 25.16 ACRES OF PROPERTY IN THE COMMUNITY COMMERCIAL (CC-2) ZONE FOR WESTPORT PLAZA, INCLUDING WALMART AT 855, 911 & 1001 HIGHWAY 1 WEST (REZ09-00008), be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to adopt RES. 10-25, APPROVING THE PRELIMINARY PLAT OF WALMART SUBDIVISION, IOWA CITY, IOWA. A hearing was held on renewal of Class C Liquor License for One Poor Student, Inc. dba One-Eyed Jake's, 1820 S. Clinton Street. The following individuals appeared: Owner Mike Porter and General Manager Tom Lenoch. Moved and seconded to defer to February 16, the motion to deny in accordance with staff recommendation renewal of Class C Liquor License for One Poor Student, Inc. dba One-Eyed Jake's, 18-20 S. Clinton Street. The Mayor declared the motion carried. Moved and seconded to approve RES. 10-26, ISSUE DANCE PERMIT for One Poor Student, Inc., dba One-Eyed Jake's, 18-20 S. Clinton St. Moved and seconded that the ordinance amending Title 13, entitled "Airports and Aviation," Chapter 1, entitled, "Airport Commission," to provide that commission members shall be residents of Iowa City, be given first vote. The Mayor declared the motion carried. Moved and seconded that ORD. 10-4379, AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS," SUB-SECTION B, ENTITLED "EXCEPTIONS, be passed and adopted. Moved and seconded that ORD. 10-4380, AMENDING TITLE 7, "FIRE CODE", BY CREATING CHAPTER 5, "HAZARDOUS MATERIALS AND TRANSPORTATION-RELATED INCIDENTS", TO ALLOW FOR RECOVERY OF COSTS ASSOCIATED WITH RESPONSE TO HAZARDOUS MATERIALS AND TRANSPORTATION-RELATED INCIDENTS, AND ALLOW SUCH FEES FOR RECOVERY TO BE SET BY RESOLUTION, be passed and adopted. Moved and seconded to adopt RES. 10-27, AMENDING THE BUDGETED POSITIONS IN THE INFORMATION TECHNOLOGY SERVICES DIVISION OF THE FINANCE DEPARTMENT BY DELETING ONE SENIOR PROGRAMMER/ANALYST AND ADDING ONE FULL-TIME SYSTEMS PROJECT MANAGER POSITION. Moved and seconded to adopt RES. 10-28, APPROVING THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE LOCAL MATCH TO THE HAZARD MITIGATION GRANT PROGRAM (HMGP) WATER WELL PROTECTION PROJECT AND AUTHORIZING THE CITY MANAGER TO SIGN THE GRANT AGREEMENT. The Mayor noted the previously announced vacancies to Boards and Commissions: Airport Commission to fill afour-year term March 1, 2010 -March 1, 2014; Civil Service Commission to fill a four-year term April 5, 2010 -April 7, 2014; Historic Preservation Commission for three vacancies, (1) At-large, (1) Summit St representative, and (1) Brown St representative, to fill three-year terms March 29, 2010 -March 29, 2013; Telecommunications Commission to fill three-year terms March 13, 2010 -March 13, 2013. Applications must be received by 5:00 p.m., Wednesday, February 17, 2010. Official Actions January 25, 2010 Page 4 The Mayor noted the current vacancy: Police Citizens Review Board to fill an unexpired, effective upon appointment, ending September 1, 2012. Applications must be received by 5:00 p.m., Wednesday, February 24, 2010. Correspondence from Abbie Yoder in packet. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] The Mayor noted no applications were received for the following Boards and Commissions and all will be readvertised: Airport Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus afive-year term ending December 31, 2011; Airport Zoning Brd of Adjustment to fill a five-year term January 1, 2009 -December 31, 2013; Airport Zoning Commission to fill asix-year term January 1, 2006 -December 31, 2011;. Airport Zoning Commission to fill asix-year term January 1, 2010 -December 31, 2015; Appeals, Board of to fill afive-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Youth Advisory Commission to fill atwo-year term for Tate High, January 1, 2009 -December 31, 2010; Youth Advisory Commission to fill a two-year term for Regina High, January 1, 2010 -December 31, 2011. Moved and seconded to adjourn meeting 7:38 p.m. The Mayor declared the motion carried. A more complete description of Council activities and disbursements is on file in the office of the City Clerk and Finance Department. s/Matthew J. Hayek, Mayor s/Marian K. Karr, City Cle k ~<~'f~r~r~ ~ ~!~~ Submitted for publication - 2/3/10. n~„ Sa 3 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 of this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 2/1/10 Iowa City City Council special meeting, 6:55 p.m. at City Hall. 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 and adjourned into executive session. Moved and seconded to set a public hearing for February 16 on a resolution amending the Comprehensive Plan to adjust the long-range planning growth area boundary to include approximately 132 acres of land proposed for annexation near the intersection of Highway 1 and Interstate 80. The Mayor declared the motion carried. Moved and seconded to set a public hearing for February 16 on a resolution for a voluntary annexation of approximately 132 acres of land near the intersection of Highway 1 and Interstate 80 (ANN09-00001). The Mayor declared the motion carried. Moved and seconded to set a public hearing for February 16 on an ordinance rezoning from County Agricultural (C-AG Zone to Interim Development -Research Park (ID-ORP) Zone for approximately 132 acres of property located near the intersection of Highway 1 and Interstate 80 (REZ09-00006). The Mayor declared the motion carried. Moved and seconded to adjourn special meeting 7:16 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/Ma ian K. Karr, City Cle v/~ Submi ed for publication - 2/2/10. ~`~- r 5a 4 ~wl_„=,®~,~ CITY OF IOWA CITY ~E~C~ Date: February 1, 2010 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, February 1, 2010, 7:16 PM in Emma J. Harvat Hall Council: Bailey, Champion, Dickens (left 7:55), Hayek, Mims, Wilburn, Wright Staff: Helling, Fosse, Dilkes, Karr, Rocca, Morris, Davidson (A complete transcription is available in the City Clerk's Office and the City website) AGENDA ITEMS 1. (Agenda item # 10 -Ordinance amending Title 5, Entitled "Business and License Regulations," ... to prohibit electronic signs on taxicabs and the clarify vehicle inspection requirements.) City Atty. Dilkes and City Clerk Karr responded to questions. CITY MANAGER SEARCH [IP#3 of 1/281nfo Packet] After discussion a majority agreed to proceed as follows: • Hire recruitment firm for recruitment purposes • Schedule interview time with City Manager candidate for input from: Board and Commission Chairs (two groups) Former Mayors Department Heads • Schedule public meet and greet with candidates • Goal is to have a City Manager hired by Fall of 2010 STAFF ACTION: Update RFQ for Council review for February 16 work session. (Dilkes & Karr) INFORMATION PACKET DISCUSSION [Jan 28 Info Packet] (IP9 -Memo from Interim City Manager re 2009 Year End Summary of the 2008 Flood Response, Recovery and Mitigation) Council Member Mims expressed her concern about allowing people to build in flood plains and expressed interest in revisiting the flood plain ordinance in light of the two recent floods. Interim City Manager Helling also noted the Iowa League of Cities update of proposed legislation regarding flood plain properties. 2. (IP5 -Memo from City Clerk regarding Iowa City Area Chamber of Commerce Banquet) City Clerk Karr clarified the deadline for reservations was February 11 and the banquet February 18. Council Work Session February 1, 2010 Page 2 3. (IP12 -Invitation for Council participation in City Channel 4's At Home in Iowa City television program) Council Members agreed to the following schedule: Connie Champion -March Terry Dickens -April Mike Wright -May (Bike to Work Week and Historic Preservation) Susan Mims -June 4. In response to Council Members Mims, City Clerk Karr stated the appointment to the JCCOG/ECCOG structure committee would be on the February 16 agenda. COUNCIL TIME None BUDGET PRIORITIES The Mayor noted the public hearing set fro February 16. SUMMARY OF PENDING WORK SESSION ISSUES [info packet #4] Acting Asst. City Manager & PW Dir. responded to Council Member Mims regarding scheduling of the community sustainability plan. Council Members Mims expressed a desire to have the City prepare a strategic plan as well; majority agreed to schedule discussion of the community sustainability plan in February and discuss a strategic plan later. 2. Council Members decided to start the special work session on February 16 at 6:00 PM and agreed to move the discussion of inclusionary zoning and scattered site housing to a night with a full work session scheduled. UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS 1. City Clerk Karr noted an invitation re Cultural Advocacy Day in Des Moines and a number of Great Places events planned February 17 & February 18, and asked if any Council Member could attend in the absence of the Mayor. PCD Dir. Davidson provided additional information. Council Member Mims indicated an interest. Council requested information be distributed at the formal meeting the next evening. 2. Council Member Mims volunteered to do the KXIC radio show on Wednesday, February 10. DISCUSSION OF MEETING SCHEDULES None Meeting adjourned 8:00 PM. *Revision 2/12/10 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 of this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 2/2/10 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. * Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. The Mayor presented Outstanding Student Citizenship Awards to Hoover Elementary School student: Fanta Traore. Students Rachel Gralnek and Izaak Perez were unable to attend. The Mayor proclaimed Sertoma's Freedom Week -February 7, 2010, Sertoma Club President Ted Halm accepting. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as presented: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: January 19, Special Council Work Session. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Planning and Zoning Commission -December 17, 2009; Parks and Recreation Commission - December 16, 2009; Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Special Class C Liquor License for Red Avocado, 521 E. Washington St.; Outdoor Service Area for Red Avocado, 521 E. Washington St. Public Hearings: RES. 10-29 SETTING A PUBLIC HEARING ON FEBRUARY 16, 2010, TO DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2010, THROUGH JUNE 30, 2011, THE PROPOSED THREE-YEAR FINANCIAL PLAN, AND ALSO THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2014. Resolutions: RES. 10-30 AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED 1416 PLUM STREET, IOWA CITY, IOWA; RES. 10-31, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER LUBIN TRUST, AND TENANT MOTIF, LTD D/B/A BO-JAMES, FOR A SIDEWALK CAFE; RES. 10-32, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER ONE TEN PROPERTIES, LLC, AND TENANT KMARCELLA, INC. D/B/A DONNELLY'S PUB, FOR A SIDEWALK CAFE. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of (2) NO PARKING ANY TIME signs on the north and east sides (inner curve) of 5a 5 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 of this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 2/2/10 Iowa City City uncil regular meeting, 7:00 p.m. at City Hall. Mayor Hayek Presiding. Council Members presid :Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. ``~ The Mayor presented ~ tstanding Student Citizenship Awards to H over Elementary School student: Fanta Traore. ~~ dents Rachel Gralnek and Izaak Pere ere unable to attend. `~,, The Mayor proclaimed Sert 's Freedom Week -February 7, 2010, Sertoma Club President Ted Halm accepting. ~'' Moved and seconded that the ~~ol wing items and recomm dations in the Consent Calendar be received, or approved, and/off adopted as presente . Approval of Council Actions,, subject to correctio , as recommended by the City Clerk: January 19, Special Council Work Sessio . Receive and File Minutes of Bc~.ards and Co fissions (any recommendations contained in minutes become effective only upon eparate Council action): Planning and Zoning Commission -December 17,`2009; arks and Recreation Commission - December 16, 2009; `, Permit Motions and Resolutions as ~ ommended by the City Clerk. Renewal: Special Class C Liquor Licens or Rid Avocado, 521 E. Washington St.; Outdoor Service Area for Red Avocado 21 E. Washington St. Public Hearings: RES. 10-29 S TTING A PUBLIC HEARING ON FEBRUARY 16, 2010, TO DISCUSS THE PROP SED OPERAT~G BUDGET FOR THE FISCAL YEAR JULY 1, 2010, THROUGH NE 30, 2011, THE'~~ROPOSED THREE-YEAR FINANCIAL PLAN, AND ALSO E MULTI-YEAR CAPI~°,QL IMPROVEMENTS PROGRAM THROUGH FISC YEAR 2014. ~' Resolutions: RES. 1 30 AUTHORIZING THE MAYO TO SIGN AND THE CITY CLERK TO ATTEST O THE RELEASE OF LIENS REG RDING TWO MORTGAGES FOR TH ROPERTY LOCATED 1416 PLUMS EET, IOWA CITY, IOWA; RES. 10-31, A HORIZING THE MAYOR TO SIGN AND HE CITY CLERK TO ATTEST A RENE AL OF A LICENSE AGREEMENT FOR TE ORARY USE OF PUBLIC RIGHT- F-WAY BETWEEN THE CITY OF IOWA CITY, NDOWNER LUBIN TRUST, A TENANT MOTIF, LTD D/B/A BO-JAMES, FORA IDEWALK CAFE; RES. 10- 2, AUTHORIZING THE MAYOR TO SIGN AND THE ITY CLERK TO ATTEST A ENEWAL OF A LICENSE AGREEMENT FOR TEMPOR RY USE OF PUBLIC GHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER ONE TEN P OPERTIES, LLC, AND TENANT KMARCELLA, INC. D/B/A ` DONNELL 'S PUB, FOR A SIDEWALK CAFE. C respondence: JCCOG Traffic Engineering Planner regarding Installation of (2) NO ARKING ANY TIME signs on the north and east sides (inner curve) of Official Actions February 2, 2010 Page 2 Westbury Court; JCCOG Traffic Engineering Planner regarding Installation of (2) NO PARKING ANY TIME signs on the south side of Lafayette Street between South Capitol Street and South Clinton Street; JCCOG Traffic Engineering Planner regarding Installation of (2) STOP signs on the northwest and southeast corners of the intersection of Kennedy Parkway and Camp Cardinal Road; Sanctuary City letters from David Collins, Sylvia Huyck; Deborah Sass, Mary Sturm, Joe Sturm regarding PVT Concerns [staff response included]; Jacob Butler regarding Snow; Gary Sanders regarding Calendar 2008 Salary over 85k. The Mayor declared the motion carried. Wally Pelds, Pelds Engineering and ECO-4 Partners, updated Council on the Moss Green Urban Village project. Roger Bradley, manager of Yellow Cab of Iowa City, stated he had sent a letter to Council regarding a number of taxi issues and requested Council schedule discussion of the matter. Cindy Roberts, 2034 Grantwood St., questioned when the scattered site task force recommendations would be discussed. 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 Kickers Soccer Park Renovation 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 and seconded to adopt RES. 10-33, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY KICKERS SOCCER PARK RENOVATION 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 an ordinance amending Title 12, entitled "Franchises", Sections 12-5-1 entitled "Electric Franchise Fee" and 12-5-2 entitled "Gas Franchise Fee" to repeal the two percent (2%) franchise fee and enact a one percent (1 %) franchise fee on the gross revenue of the franchisee MidAmerican energy company derived from the distribution and retail sale of electricity and the distribution, delivery and retail sale of natural gas by MidAmerican, or other natural gas providers utilizing the distribution system of MidAmerican, to customers within the current or future corporate limits of the City of Iowa City. Moved and seconded that the ordinance amending Title 12, entitled "Franchises", Sections 12-5-1 entitled "Electric Franchise Fee" and 12-5-2 entitled "Gas Franchise Fee" to repeal the two percent (2%) franchise fee and enact a one percent (1 %) franchise fee on the gross revenue of the franchisee MidAmerican energy company derived from the distribution and retail sale of electricity and the distribution, delivery and retail sale of natural gas by MidAmerican, or other natural gas providers utilizing the distribution system of MidAmerican, to customers within the current or future corporate limits of the City of Iowa City, be given first vote. The Mayor declared the motion carried. 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 Fire Station No. 4 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 and seconded to adopt RES. 10-34, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY FIRE STATION NO. 4 PROJECT, ESTABLISHING AMOUNT OF BID Official Actions February 2, 2010 Page 3 SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. 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 the ORD. 10-4381, AMENDING TITLE 13, ENTITLED "AIRPORTS AND AVIATION," CHAPTER 1, ENTITLED, "AIRPORT COMMISSION," TO PROVIDE THAT COMMISSION MEMBERS SHALL BE RESIDENTS OF IOWA CITY, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded that the ordinance amending Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," to prohibit electronic signs on taxicabs and to clarify vehicle inspection requirements, be given first vote. Yasser Gaber and Hatem Moustafa, Five Star Taxi, requested Council consider approving use of electronic signs on taxi cabs and distributed a copy of the proposed sign. The Mayor declared the motion carried. Moved and seconded to adopt RES. 10-35, ESTABLISHING NEW GENERAL GUIDELINES TO ASSESS FIRE DEPARTMENT FEES AND RESCINDING RESOLUTION NO. 08-61. The Mayor noted the previously announced vacancies to Boards and Commissions: Airport Commission to fill afour-year term March 1, 2010 -March 1, 2014; Civil Service Commission to fill afour-year term April 5, 2010 -April 7, 2014; Historic Preservation Commission for three vacancies, (1) at-large, (1) Summit St representative, and (1) Brown St representative, to fill three-year terms March 29, 2010 -March 29, 2013; Telecommunications Commission to fill three-year terms March 13, 2010 -March 13, 2013. Applications must be received by 5:00 p.m., Wednesday, February 17, 2010. Airport Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus afive-year term ending December 31, 2011; Airport Zoning Brd of Adjustment to fill afive-year term January 1, 2009 -December 31, 2013; Airport Zoning Commission to fill asix-year term January 1, 2006 -December 31, 2011; Airport Zoning Commission to fill asix-year term January 1, 2010 -December 31, 2015; Appeals, Board of to fill afive-year term January 1, 2009 - December 31, 2013, for a Mechanical Professional; Police Citizens Review Board to fill an unexpired term, effective upon appointment, ending September 1, 2012; Youth Advisory Commission to fill atwo-year term for Tate High, January 1, 2009 -December 31, 2010; Youth Advisory Commission to fill atwo-year term for Regina High, January 1, 2010 - December 31, 2011. Applications must be received by 5:00 p.m., Wednesday, February 24, 2010. The Mayor noted the current vacancy for JCCOG Cool Cities Taskforce to fill aone- yearterm, effective upon appointment, ending March, 2011. Applications must be received by 5:00 p.m. Wednesday, March 17, 2010. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] James Knapp, 528 Rundell St., read a letter regarding the Hazard Mitigation Plan and the Ralston Creek watershed. Moved and seconded to accept correspondence from Mr. Knapp. The Mayor declared the motion carried. Official Actions February 2, 2010 Page 4 Moved and seconded to adjourn meeting 7:45 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 ~~~ ~ ~ ~~ Submit~t~! for publication - 2/9/10. /~ ~o'1/t.- ~'~ 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 JANUARY 25, 2010 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Hayek, Mims, Wilburn, Wright. Absent: Dickens. Staff members present: Helling, Fosse, Dilkes, Karr, Davidson, J. Grier, R. Jensen. The Mayor presented Outstanding Student Citizenship Awards to Lucas Elementary School students: Olivia Parrott and Benjamin Morony. The Mayor proclaimed Arts and Culture Day -January 24, 2010, Shaner Magalhaes, member of the Board of Directors of the Iowa Cultural Corridor Alliance, accepted. A presentation of two panels representing a brief history of Iowa City was made be Shaner Magalhaes, President of the Johnson County Historical Society to the City. The panels were prepared for a Community Stories Project at the museum, and will be displayed at the Iowa City Public Library. Moved by Champion, seconded by Mims, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended and to delete from the Consent Calendar and consider as part of Item 8, Dance Permit for One-Eyed Jake's: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: January 8, Special Council Work Session; January 8, Special Council Formal Official and Complete; January 11, Special Council Work Session; January 12, Special Council Formal Official and Complete; January 14, Special Council Work Session; January 19, Special Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Planning and Zoning Commission -November 19, 2009; Public Art Advisory Committee - September 9, 2009; Historic Preservation Commission -December 10, 2009; Board of Adjustment -December 16, 2009; Senior Center Commission -November 19, 2009; Police Citizens Review Board -November 3, 2009; Police Citizens Review Board Community Forum -November 18, 2009; Police Citizens Review Board -December 11, 2009; Human Rights Commission -November 17, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Caffrey IC, Inc., dba Slippery Petes, 118 S. Dubuque St.; Special Class C Liquor License for Leaf, LLC, dba Leaf Kitchen, 301 '/z Kirkwood Ave.; Renewal: Class C Liquor License for Pub on Clinton Street, LLC, dba Pints, 118 S. Clinton St.; RES. 10-19, TO ISSUE DANCE PERMIT to Caffrey IC, Inc., dba Slippery Petes, 118 S. Dubuque St. Motion: approve disbursements in the amount of $14,325,124.96 for the period of December 1 through December 31, 2009, as recommended by the Finance Director subject to audit. Public Hearings: RES. 10-20, SETTING A PUBLIC HEARING ON FEBRUARY 2, 2010, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY FIRE STATION NO. 4 Complete Description January 25, 2010 Page 2 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. 10-21, SETTING A PUBLIC HEARING FOR FEBRUARY 2, 2010, ON AN ORDINANCE AMENDING TITLE 12, ENTITLED "FRANCHISES", SECTIONS 12-5-1 ENTITLED "ELECTRIC FRANCHISE FEE" AND 12-5-2 ENTITLED "GAS FRANCHISE FEE" TO REPEAL THE TWO PERCENT (2%) FRANCHISE FEE AND ENACT A ONE PERCENT (1%) FRANCHISE FEE ON THE GROSS REVENUE OF THE FRANCHISEE MIDAMERICAN ENERGY COMPANY DERIVED FROM THE DISTRIBUTION AND RETAIL SALE OF ELECTRICITY AND THE DISTRIBUTION, DELIVERY AND RETAIL SALE OF NATURAL GAS BY MIDAMERICAN, OR OTHER NATURAL GAS PROVIDERS UTILIZING THE DISTRIBUTION SYSTEM OF MIDAMERICAN, TO CUSTOMERS WITHIN THE CURRENT OR FUTURE CORPORATE LIMITS OF THE CITY OF IOWA CITY, AND ON A REVENUE PURPOSE STATEMENT SPECIFYING THE PURPOSE OR PURPOSES FOR WHICH THE REVENUE COLLECTED FROM THE FRANCHISE FEE WILL BE EXPENDED, AND DIRECTING THE CITY CLERK TO CAUSE NOTICE OF SAID PUBLIC HEARING AND SAID REVENUE PURPOSE STATEMENT TO BE PUBLISHED AS PROVIDED BY LAW; RES. 10-22, SETTING A PUBLIC HEARING ON FEBRUARY 2, 2010, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY KICKERS SOCCER PARK RENOVATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 10-23, ACCEPTING CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM CASEY'S GENERAL STORE; RES. 10-24, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A GRANT AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION (IDOT) FOR DEVELOPMENT OF THE IOWA RIVER CORRIDOR TRAIL CONNECTION TO THE TERRY TRUEBLOOD RECREATION AREA. Correspondence: Chickens letters received from Alicia Ambler, Cindi Bohnenkamp, Casey Kohrt [staff response included] ;Marc Moen regarding Summer of the Arts funding; Charlotte Walker regarding Letters from Jay Honohan and Nancy Wombacher; Clay Claussen regarding Support for Mike Moran as Parks and Recreation Director; Rev. John McKinstry regarding Use of the former St. Patrick's Parish Hall for the Shelter House; Garry Klein regarding Ambulance Service; Russell Haught regarding Affordable Housing; Tom Dean regarding Thank you; Paula Swygard regarding Thank You -Walkway in Miller-Orchard Neighborhood; Judy Pfohl regarding Saving money; Mary Heinz regarding Membership Fees for Senior Center. Affirmative roll call vote unanimous, 6/0, Dickens absent. The Mayor declared the motion carried, and repeated the public hearings as set. Moved by Bailey, seconded by Champion, that ORD. 10-4377, AMENDING THE PLANNED DEVELOPMENT OVERLAY MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (OPD-8) ZONE FOR LOT 1, OLDE TOWNE VILLAGE, LOCATED ON WESTBURY DRIVE, SOUTH OF MIDDLEBURY ROAD, IN IOWA CITY, IOWA (REZ09-00010), be passed and adopted. The Mayor asked Council Members to disclose any ex parte communications, and Complete Description January 25, 2010 Page 3 none were reported. Affirmative roll call vote unanimous, 6/0, Dickens absent. The Mayor declared the ordinance adopted. Moved by Wright, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 10-4378, APPROVING A CONDITIONAL ZONING AGREEMENT FOR AUDITOR'S PARCEL 2008103, APPROXIMATELY 25.16 ACRES OF PROPERTY IN THE COMMUNITY COMMERCIAL (CC-2) ZONE FOR WESTPORT PLAZA, INCLUDING WALMART AT 855, 911 & 1001 HIGHWAY 1 WEST (REZ09-00008), be voted on for final passage at this time. The Mayor asked Council Members to disclose any ex parte communications, and none were reported. Affirmative roll call vote unanimous, 6/0, Dickens absent. The Mayor declared the motion carried. Moved by Wright, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Dickens absent. The Mayor declared the ordinance adopted. Correspondence from Dennis Mitchell requesting expedited action received. Moved by Champion, seconded by Mims, to adopt RES. 10-25, APPROVING THE PRELIMINARY PLAT OF WALMART SUBDIVISION, IOWA CITY, IOWA. PCD Dir. Davidson present for discussion. Affirmative roll call vote unanimous, 6/0, Dickens absent. The Mayor declared the resolution adopted. A hearing was held on renewal of Class C Liquor License for One Poor Student, Inc. dba One-Eyed Jake's, 1820 S. Clinton Street. The following individuals appeared: Owner Mike Porter and General Manager Tom Lenoch. Fire Marshall Grier present for discussion. After discussion, moved by Champion, seconded by Wilburn, to defer to February 16, the motion to deny in accordance with staff recommendation renewal of Class C Liquor License for One Poor Student, Inc. dba One-Eyed Jake's, 18-20 S. Clinton Street. The Mayor declared the motion carried unanimously, 6/0, Dickens absent. Individual Council Members expressed their views. Moved by Champion, seconded by Wilburn, to approve RES. 10-26, ISSUE DANCE PERMIT for One Poor Student, Inc., dba One-Eyed Jake's, 18-20 S. Clinton St. Affirmative roll call vote unanimous, 6/0, Dickens absent. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Mims, that the ordinance amending Title 13, entitled "Airports and Aviation," Chapter 1, entitled, "Airport Commission," to provide that commission members shall be residents of Iowa City, be given first vote. Affirmative roll call vote unanimous, 6/0, Dickens absent. The Mayor declared the motion carried. Moved by Wright, seconded by Champion, that ORD. 10-4379, AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS," SUB-SECTION B, ENTITLED "EXCEPTIONS, be passed and adopted. Affirmative roll call vote unanimous, 6/0, Dickens absent. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by Mims, that ORD. 10-4380, AMENDING TITLE 7, "FIRE CODE", BY CREATING CHAPTER 5, "HAZARDOUS MATERIALS AND TRANSPORTATION-RELATED INCIDENTS", TO ALLOW FOR RECOVERY OF COSTS ASSOCIATED WITH RESPONSE TO HAZARDOUS MATERIALS AND TRANSPORTATION-RELATED INCIDENTS, AND ALLOW SUCH FEES FOR RECOVERY Complete Description January 25, 2010 Page 4 TO BE SET BY RESOLUTION, be passed and adopted. Affirmative roll call vote unanimous, 6/0, Dickens absent. The Mayor declared the ordinance adopted. Moved by Mims, seconded by Champion, to adopt RES. 10-27, AMENDING THE BUDGETED POSITIONS IN THE INFORMATION TECHNOLOGY SERVICES DIVISION OF THE FINANCE DEPARTMENT BY DELETING ONE SENIOR PROGRAMMER/ANALYST AND ADDING ONE FULL-TIME SYSTEMS PROJECT MANAGER POSITION. Finance Dir. O'Malley present for discussion. Affirmative roll call vote unanimous, 6/0, Dickens absent. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Wright, to adopt RES. 10-28, APPROVING THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE LOCAL MATCH TO THE HAZARD MITIGATION GRANT PROGRAM (HMGP) WATER WELL PROTECTION PROJECT AND AUTHORIZING THE CITY MANAGER TO SIGN THE GRANT AGREEMENT. Affirmative roll call vote unanimous, 6/0, Dickens absent. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies to Boards and Commissions: Airport Commission to fill afour-year term March 1, 2010 -March 1, 2014; Civil Service Commission to fill afour-year term April 5, 2010 -April 7, 2014; Historic Preservation Commission for three vacancies, (1) At-large, (1) Summit St representative, and (1) Brown St representative, to fill three-year terms March 29, 2010 -March 29, 2013; Telecommunications Commission to fill three-year terms March 13, 2010 -March 13, 2013. Applications must be received by 5:00 p.m., Wednesday, February 17, 2010. The Mayor noted the current vacancy: Police Citizens Review Board to fill an unexpired, effective upon appointment, ending September 1, 2012. Applications must be received by 5:00 p.m., Wednesday, February 24, 2010. Correspondence from Abbie Yoder in packet. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] The Mayor noted no applications were received for the following Boards and Commissions and all will be readvertised: Airport Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus afive-year term ending December 31, 2011; Airport Zoning Brd of Adjustment to fill afive-year term January 1, 2009 -December 31, 2013; Airport Zoning Commission to fill asix-year term January 1, 2006 -December 31, 2011;. Airport Zoning Commission to fill asix-year term January 1, 2010 -December 31, 2015; Appeals, Board of to fill afive-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Youth Advisory Commission to fill atwo-year term for Tate High, January 1, 2009 -December 31, 2010; Youth Advisory Commission to fill atwo-year term for Regina High, January 1, 2010 -December 31, 2011. Council Member Bailey reported that Iowa Department of Economic Development is seeking public input on their comprehensive infrastructure plan and encouraged citizens to attend a public meeting on February 4 at the Coralville Public Library. In response to Council Member Champion, a majority of Council expressed no interest to talk further about backyard chickens. Complete Description January 25, 2010 Page 5 Moved by Wilburn, seconded by Wright, to adjourn meeting 7:38 p.m. The Mayor declared the motion carried unanimously, 6/0, Dickens absent. 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 FEBRUARY 1, 2010 Iowa City City Council special meeting, 6:55 p.m. at City Hall. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Staff members present: Helling, Fosse, Dilkes, Karr, Davidson, Rocca, Morris. Moved by Wright, seconded by Champion, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 6:56 p.m. Council returned to open session 7:12 p.m. Moved by Bailey, seconded by Mims, to set a public hearing for February 16 on a resolution amending the Comprehensive Plan to adjust the long-range planning growth area boundary to include approximately 132 acres of land proposed for annexation near the intersection of Highway 1 and Interstate 80 (Moss Green Development). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wright, seconded by Bailey, to set a public hearing for February 16 on a resolution for a voluntary annexation of approximately 132 acres of land near the intersection of Highway 1 and Interstate 80 (ANN09-00001) (Moss Green Development). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Dickens, to set a public hearing for February 16 on an ordinance rezoning from County Agricultural (C-AG Zone to Interim Development -Research Park (ID-ORP) Zone for approximately 132 acres of property located near the intersection of Highway 1 and Interstate 80 (REZ09-00006) (Moss Green Development). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Mims, seconded by Wright, to adjourn special meeting 7:16 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk *Revision 2/12/10 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES FEBRUARY 2, 2010 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. *Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Staff members present: Helling, Fosse, Dilkes, Karr, Morris, Slattery, Rocca. The Mayor presented Outstanding Student Citizenship Awards to Hoover Elementary School student: Fanta Traore. Students Rachel Gralnek and Izaak Perez were unable to attend. The Mayor proclaimed Sertoma's Freedom Week -February 7, 2010, Sertoma Club President Ted Halm accepting. Moved by Champion, seconded by Wright, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as presented: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: January 19, Special Council Work Session. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Planning and Zoning Commission -December 17, 2009; Parks and Recreation Commission - December 16, 2009; Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Special Class C Liquor License for Red Avocado, LLC, dba Red Avocado, 521 E. Washington St.; Outdoor Service Area for Red Avocado, LLC, dba Red Avocado, 521 E. Washington St. Public Hearings: RES. 10-29 SETTING A PUBLIC HEARING ON FEBRUARY 16, 2010, TO DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2010, THROUGH JUNE 30, 2011, THE PROPOSED THREE-YEAR FINANCIAL PLAN, AND ALSO THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2014. Resolutions: RES. 10-30 AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED 1416 PLUM STREET, IOWA CITY, IOWA; RES. 10-31, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER LUBIN TRUST, AND TENANT MOTIF, LTD D/B/A BO-JAMES, FOR A SIDEWALK CAFE; RES. 10-32, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER ONE TEN PROPERTIES, LLC, AND TENANT KMARCELLA, INC. D/B/A DONNELLY'S PUB, FOR A SIDEWALK CAFE. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of (2) NO PARKING ANY TIME signs on the north and east sides (inner curve) of 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 FEBRUARY 2, 2010 Iowa Cite- City Council regular meeting, 7:00 p.m. a' City Hall. Mayor Hayek Presiding. Council Member residing: Bailey, Champion, Dickens, ayek, Mims, Wilburn, Wright. Absent: None. Sta members present: Helling, Fosse, Ikes, Karr, Morris, Slattery, Rocca. The Mayor pre nted Outstanding Student Citize ship Awards to Hoover Elementary School student: Fanta ore. Students Rachel Gralnel4f and Izaak Perez were unable to attend. The Mayor proclaime ertoma's Freedom President Ted Halm accepting. Moved by Champion, seco recommendations in the Consent presented: k -February 7, 2010, Sertoma Club ed by Wright, hat the following items and ~endar be r eived, or approved, and/or adopted as Approval of Council Action su City Clerk: January 19, Special Co n it Receive and File Minutes of r contained in minutes become effec ve and Zoning Commission - Decem er 17, December 16, 2009; ect to corrections, as recommended by the Work Session. ds and Commissions (any recommendations my upon separate Council action): Planning 009; Parks and Recreation Commission - Permit Motions and Res utions as R ommended by the City Clerk. Renewal: Special Class C Li or License for ed Avocado, LLC, dba Red Avocado, 521 E. Washington St.; Outd or Service Area fo~n.Red Avocado, LLC, dba Red Avocado, 521 E. Washingto St. Public Hearings: R . 10-29 SETTING A PI~LIC HEARING ON FEBRUARY 16, 2010, TO DISCUSS T E PROPOSED OPERATI~I,G BUDGET FOR THE FISCAL YEAR JULY 1, 2010, TH OUGH JUNE 30, 2011, THE~ROPOSED THREE-YEAR FINANCIAL PLAN, AN ALSO THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM THROUG FISCAL YEAR 2014. `` Resolutions: S. 10-30 AUTHORIZING THE MAY TO SIGN AND THE CITY CLERK TO A EST TO THE RELEASE OF LIENS RE ARDING TWO MORTGAGES FO HE PROPERTY LOCATED 1416 PLUM TREET, IOWA CITY, IOWA; RES. 10-3 ,AUTHORIZING THE MAYOR TO SIGN AN THE CITY CLERK TO ATTEST A R EWAL OF A LICENSE AGREEMENT FORT PORARY USE OF PUBLIC RIG T-OF-WAY BETWEEN THE CITY OF IOWA CI ,LANDOWNER LUBIN TRUST, ND TENANT MOTIF, LTD D/B/A BO-JAMES, FOR SIDEWALK CAFE; RES. 1 -32, AUTHORIZING THE MAYOR TO SIGN AND TH CITY CLERK TO ATTEST A ENEWAL OF A LICENSE AGREEMENT FOR TEMP RARY USE OF PUBLIC GHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER ONE TEN P OPERTIES, LLC, AND TENANT KMARCELLA, INC. D/B/A DONNELLY' PUB, FOR A SIDEWALK CAFE. Corr spondence: JCCOG Traffic Engineering Planner regarding Installation of (2) NO PA KING ANY TIME signs on the north and east sides (inner curve) of Complete Description February 2, 2010 Page 2 Westbury Court; JCCOG Traffic Engineering Planner regarding Installation of (2) NO PARKING ANY TIME signs on the south side of Lafayette Street between South Capitol Street and South Clinton Street; JCCOG Traffic Engineering Planner regarding Installation of (2) STOP signs on the northwest and southeast corners of the intersection of Kennedy Parkway and Camp Cardinal Road; Sanctuary City letters from David Collins, Sylvia Huyck; Deborah Sass, Mary Sturm, Joe Sturm regarding PVT Concerns [staff response included]; Jacob Butler regarding Snow; Gary Sanders regarding Calendar 2008 Salary over 85k. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Wally Pelds, Pelds Engineering and ECO-4 Partners, updated Council on the Moss Green Urban Village project. Roger Bradley, manager of Yellow Cab of Iowa City, stated he had sent a letter to Council regarding a number of taxi issues and requested Council schedule discussion of the matter. The Mayor stated the letter had not been distributed but will be received at the next formal Council meeting. Cindy Roberts, 2034 Grantwood St., questioned when the scattered site task force recommendations would be discussed. The mayor noted the item was on the pending list and is tentatively scheduled for mid-February. 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 Kickers Soccer Park Renovation 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. No one appeared. Moved by Champion, seconded by Mims, to adopt RES. 10-33, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY KICKERS SOCCER PARK RENOVATION 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 amending Title 12, entitled "Franchises", Sections 12-5-1 entitled "Electric Franchise Fee" and 12-5-2 entitled "Gas Franchise Fee" to repeal the two percent (2%) franchise fee and enact a one percent (1 %) franchise fee on the gross revenue of the franchisee MidAmerican energy company derived from the distribution and retail sale of electricity and the distribution, delivery and retail sale of natural gas by MidAmerican, or other natural gas providers utilizing the distribution system of MidAmerican, to customers within the current or future corporate limits of the City of Iowa City. No one appeared. Moved by Wilburn, seconded by Champion, that the ordinance amending Title 12, entitled "Franchises", Sections 12-5-1 entitled "Electric Franchise Fee" and 12-5-2 entitled "Gas Franchise Fee" to repeal the two percent (2%) franchise fee and enact a one percent (1%) franchise fee on the gross revenue of the franchisee MidAmerican energy company derived from the distribution and retail sale of electricity and the distribution, delivery and retail sale of natural gas by MidAmerican, or other natural gas providers utilizing the distribution system of MidAmerican, to customers within the current or future corporate limits Complete Description February 2, 2010 Page 3 of the City of Iowa City, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Iowa City Fire Station No. 4 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. No one appeared. Moved by Bailey, seconded by Wright, to adopt RES. 10-34, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY FIRE STATION NO. 4 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. Moved by Wright, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and the ORD. 10-4381, AMENDING TITLE 13, ENTITLED "AIRPORTS AND AVIATION," CHAPTER 1, ENTITLED, "AIRPORT COMMISSION," TO PROVIDE THAT COMMISSION MEMBERS SHALL BE RESIDENTS OF IOWA CITY, 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 Wright, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Mims, that the ordinance amending Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," to prohibit electronic signs on taxicabs and to clarify vehicle inspection requirements, be given first vote. Yasser Gaber and Hatem Moustafa, Five Star Taxi, requested Council consider approving use of electronic signs on taxi cabs and distributed a copy of the proposed sign. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, Wright voting "no". Moved by Champion, seconded by Mims, to adopt RES. 10-35, ESTABLISHING NEW GENERAL GUIDELINES TO ASSESS FIRE DEPARTMENT FEES AND RESCINDING RESOLUTION NO. 08-61. 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 Boards and Commissions: Airport Commission to fill afour-year term March 1, 2010 -March 1, 2014; Civil Service Commission to fill afour-year term April 5, 2010 -April 7, 2014; Historic Preservation Commission for three vacancies, (1) at-large, (1) Summit St representative, and (1) Brown St representative, to fill three-year terms March 29, 2010 -March 29, 2013; Telecommunications Commission to fill three-year terms March 13, 2010 -March 13, 2013. Applications must be received by 5:00 p.m., Wednesday, February 17, 2010. Airport Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus afive-year term ending December 31, 2011; Airport Zoning Brd of Adjustment to fill afive-year term January 1, 2009 -December 31, 2013; Airport Zoning Commission to fill asix-year term January 1, 2006 -December 31, 2011; Airport Zoning Commission to fill asix-year term January 1, 2010 -December 31, 2015; Appeals, Board of to fill afive-year term January 1, 2009 - Complete Description February 2, 2010 Page 4 December 31, 2013, for a Mechanical Professional; Police Citizens Review Board to fill an unexpired term, effective upon appointment, ending September 1, 2012; Youth Advisory Commission to fill atwo-year term for Tate High, January 1, 2009 -December 31, 2010; Youth Advisory Commission to fill a two-year term for Regina High, January 1, 2010 - December 31, 2011. Applications must be received by 5:00 p.m., Wednesday, February 24, 2010. The Mayor noted the current vacancy for JCCOG Cool Cities Taskforce to fill aone- yearterm, effective upon appointment, ending March, 2011. Applications must be received by 5:00 p.m. Wednesday, March 17, 2010. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council Member Bailey stated she was very excited about moving ahead on Fire Station # 4, noting it was an I-Jobs project and LEED certified building; and reminded citizens of the public hearing scheduled for February 16 on the FY11 City budget. Mayor Pro tem Wilburn stated he and the Mayor are unable to attend the re-dedication of the Trinity Episcopal Church on the February 7 and asked if another Council Member would be attending. Council Member Champion will be attending. Council Member Wright noted the annual book sale to benefit Shelter House scheduled for February 27 at the Trinity Episcopal Church; and made a plea for everyone to keep their sidewalks cleared of snow. Council Member Mims stated she had attended her first ECICOG meeting and will prepare a report when she gets more familiar with the committee. Mayor Hayek congratulated Police Detective Mike Smithey for being selected 2009 Officer of the Year by the department. James Knapp, 528 Rundell St., read a letter regarding the Hazard Mitigation Plan and the Ralston Creek watershed. Moved by Wright, seconded by Dickens, to accept correspondence from Mr. Knapp. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Champion, to adjourn meeting 7:45 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk