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HomeMy WebLinkAbout2010-03-02 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 MARCH 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, Moran, Dilkes, Karr, Lewis, O'Brien, Ream, Rackis, Morris, O'Brien, Davidson, Hightshoe. The Mayor presented Outstanding Student Citizenship Awards to Grant Wood Elementary School students: Devion Colford, Ester Fuentes, Shawn Phanthavong. The Mayor proclaimed Special Olympics Month -March 2010, Cindy Coffin, Recreation Director Supervisor and Special Olympics Volunteer Coordinator introduced Special Olympians present to accept the proclamation. Moved by Champion, seconded by Mims, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk; February 16, Regular Council Formal Official and Complete; February 16, Special Council Formal Official and Complete; February 16, Special Council Work Session. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Human Rights Commission -January 19, 2010; Historic Preservation Commission - January 14, 2010; Board of Adjustment -January 13, 2010; Senior Center Commission - January 21, 2010; Youth Advisory Commission -December 6, 2009; Housing and Community Development Commission -January 28, 2010; Airport Commission - January 21, 2010. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Coach's Corner Sports Pub, LLC, dba Coach's Corner Sports Pub, 749 Mormon Trek Blvd.; Outdoor Service Area for Coach's Corner Sports Pub, LLC, dba Coach's Corner Sports Pub, 749 Mormon Trek Blvd.; Renewal: Class C Liquor License for Kmarcella, Inc., dba Donnelly's Pub, 110 E. College St.; Class B Beer Permit for Stuff Corporation dba Godfather's Pizza, 531 Hwy 1 West; Special Class C Liquor License for Devotay, Inc., dba Devotay, 117 N. Linn St.; Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Food & Drugstore #1 & Regal Liquor, 1720 Waterfront Dr.; Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Food Store #2, 812 S. First Ave.; Class C Liquor License for Carl & Ernie Enterprises, LLC, dba Carl & Ernie's Good Time Pub & Grub, 161 Highway 1 W.; Outdoor Service Area for Carl & Ernie Enterprises, LLC, dba Carl & Ernie's Good Time Pub & Grub, 161 Highway 1 W. Motions: Approve disbursements in the amount of $9,881,511.32 for the period of January 1 through January 31, 2010, as recommended by the Finance Director subject to audit. Public Hearings: RES. 10-48, SETTING A PUBLIC HEARING ON THE 23RD OF MARCH ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND Complete Description March 2, 2010 Page 2 ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY MERCER PARK AQUATIC CENTER POOL FILTER REPLACEMENT 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. 10-49, SETTING A PUBLIC HEARING ON MARCH 23, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2010 SANITARY SEWER REHABILITATION 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. 10-50, SETTING A PUBLIC HEARING ON MARCH 23, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2010 PAVEMENT REPLACEMENT FOR WATER MAIN 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. 10-51 SETTING A PUBLIC HEARING ON MARCH 23, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2010 WATER MAIN DIRECTIONAL BORING 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. 10-52, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 1029 7T" AVENUE, IOWA CITY, IOWA; RES. 10- 53, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 228 S. SUMMIT STREET #D4, IOWA CITY, IOWA; RES. 10-54, AUTHORIZING THE MAYOR EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 59 REGAL LANE, IOWA CITY, IOWA; RES. 10-55, 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 & JOAN GILPIN REV. TRUST, AND TENANT 2-TONE, INC. D/B/A BLUE BIRD DINER, FOR A SIDEWALK CAFE; RES. 10-56, 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 AMBROSE PROPERTIES, LC, AND TENANT CAFFREY, INC. D/B/A DC'S, FOR A SIDEWALK CAFE; RES. 10-57, ACCEPTING THE WORK FOR THE 404 HAZARD MITIGATION PROPERTY ACQUISITION ASBESTOS ABATEMENT PROJECT. Correspondence: Acting Traffic Engineering Planner regarding Installation of NO PARKING ANY TIME signs on the east side of S. Riverside Drive between Commercial Drive and McCollister Boulevard; Julie Risinger regarding Railroad Crossing [staff Complete Description March 2, 2010 Page 3 response included]; Sarah Clark regarding Reconsideration of urban chickens; Teresia Bennett regarding Insurance liability requirements for taxicabs [staff response included]; Karl Schulz regarding Development of the Near Southside area; Bernice Hamilton regarding Curfew; Cliff Pirnat regarding Flood preparation; Ryan O'Malley regarding Google high speed fiber optic Internet service; Cindy Roberts regarding Scattered Site Task Force; John Hudson regarding Drinking behavior; Alexander Cohen, Libris Fidelis regarding City's snow removal policy [staff response included]; Robert Groves regarding U.S. Census Bureau "Take 10" challenge; Charlie Eastham regarding Olde Town Village neighborhood; Affordable Housing letters from Joyce Barker, Jana Hanson, Russel Haught. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. John Westefeld, Parks & Recreation Commissioner, updated Council on activities and future Council action items. Michael Lensing, Senior Center Commissioner, updated Council on activities at the Center. John Rigby, appeared regarding the proposed 21 ordinance. Jeff Shipley, City Council UISG Liaison appeared regarding the proposed 21 ordinance, and inclusionary zoning. A public hearing was held on an ordinance conditionally rezoning approximately 5.05 acres (Billion) 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 requested that Council Members disclose any ex parte communications, and Bailey reported. PCD Dir. Davidson present for discussion. Individual Council Members expressed their views. The following individuals appeared: Jane Driscoll, 1409 Spruce Street, appeared representing George Dane, 4120 Dane Road SE.; and Dave Larsen, representing the car dealership. Moved by Wright, seconded by Champion to accept correspondence from Dave Larsen. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Champion, that the ordinance conditionally rezoning approximately 5.05 acres (Billion) located at Mormon Trek Boulevard, south of Eagle View Drive from Commercial Office (CO-1) to Intensive Commercial (CI-1) (REZ09-00011), be given first vote. Individual Council Members expressed their views. PCD Dir. Davidson and Code Enforcement Officer Ream present for discussion. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Champion, Dickens, Hayek, Mims, Wilburn, Bailey. Nays: Wright. Absent: None. Moved by Wilburn, seconded by Champion, that 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. 10-4383, 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), be voted on for final passage at this time. The Mayor requested that Council Members disclose any ex parte communications, and Bailey reported. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by Complete Description March 2, 2010 Page 4 Wright, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. A public hearing was held on a resolution approving the Iowa City Housing Authority's Five (5) Year Plan for 2010-2015 and the Annual Plan for Fiscal Year 2010. Housing Adm. Rackis present for discussion. Moved by Wilburn, seconded by Bailey, to adopt RES. 10-58, APPROVING THE IOWA CITY HOUSING AUTHORITY'S FIVE (5) YEAR PLAN FOR 2010-2015 AND THE ANNUAL PLAN FOR FISCAL YEAR 2010. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution adopting the amended Iowa City Housing Authority Housing Choice Voucher (HCV) Administrative Plan. Housing Adm. Rackis present for discussion. Moved by Wilburn, seconded by Bailey, to adopt RES. 10-59, ADOPTING THE AMENDED IOWA CITY HOUSING AUTHORITY HOUSING CHOICE VOUCHER (HCV) ADMINISTRATIVE PLAN. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution adopting the amended Iowa City Housing Authority Public Housing Admissions and Continued Occupancy Policy (ACOP). Housing Adm. Rackis noted discussion on the previous items. Moved by Bailey, seconded by Wilburn, to adopt RES. 10-60, ADOPTING THE AMENDED IOWA CITY HOUSING AUTHORITY PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY POLICY (ACOP). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the East Side Recycling Center 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 Wright, seconded by Mims, to adopt RES. 10-61, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE EAST SIDE RECYCLING CENTER 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. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. A public hearing was held on a resolution instituting proceedings to take additional action for the authorization of a loan agreement and the issuance of not to exceed $17,750,000 Sewer Revenue Capital Loan Notes, Series 2010. Jon Burmeiser, Public Financial Management, appeared. Moved by Wilburn, seconded by Mims, to adopt RES. 10-62, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $17,750,000 SEWER REVENUE CAPITAL LOAN NOTES, SERIES 2010. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description March 2, 2010 Page 5 Moved by Bailey, seconded by Wilburn, to adopt RES. 10-63, DIRECTING SALE OF $ 15,080,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Wilburn, to adopt RES. 10-64, AUTHORIZING THE REDEMPTION OF OUTSTANDING SEWER REVENUE BONDS, DATED DECEMBER 1, 2001, AND SEWER REVENUE REFUNDING BONDS, DATED APRIL 1, 2002, AND DIRECTING NOTICE TO BE GIVEN. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Mims, seconded by Wright, to adopt RES. 10-65, ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2011. Affirmative roll call vote unanimous, 7/0, all Council Member present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Wilburn, to adopt RES. 10-66, APPROVING THE THREE-YEAR FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, AND THE FIVE- YEAR CAPITAL IMPROVEMENTS PROGRAM. Affirmative roll call vote unanimous, 7/0, all Council Members present. Moved by Bailey, seconded by Mims, that the ordinance amending Title 10 of the City Code, entitled "Use of Public Ways and Property," Chapter 11, entitled "Farmer's Market," and Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," to allow the Farmers Market to take place on Washington Street and to allow the sale and consumption of alcohol at the farmers market, be given first vote. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Bailey, 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 passed and adopted. Individual Council Members expressed their views. Teresia Bennett, representing Five Stars Taxi, appeared and presented a power point and correspondence. Moved by Wright, seconded by Mims, to accept correspondence from Ms. Bennett. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Bailey, to amend the ordinance by deleting the second paragraph regarding electronic signs. The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Wright, that ORD. 10-4384, AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," TO CLARIFY VEHICLE INSPECTION REQUIREMENTS as amended, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Mims, seconded by Bailey, that the ordinance amending Title 10 of the City Code, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled, "Use by Mobile Vendors" to increase the vendors in City Plaza and to decrease the minimum hours requirement, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Complete Description March 2, 2010 Page 6 Moved by Wright, seconded by Dickens, to adopt RES. 10-67, ESTABLISHING MOBILE VENDING PERMIT AND AMBULATORY VENDING PERMIT FEES AND RESCINDING RESOLUTION NO. 88-42. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Mims, to adopt RES. 10-68, AUTHORIZING THE INSTALLATION OF SPEED HUMPS ON SHANNON DRIVE BETWEEN ROHRET ROAD AND ANDREA COURT. Christy Schelling, 1356 Shannon Dr., appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Wilburn, to adopt a resolution adopting an unsuccessful or delayed projects policy for CDBG and HOME Projects and rescinding Resolution No. 04-68. Individual Council Members expressed their views. The Mayor declared the resolution defeated, 3/4, with the following division of roll call vote: Ayes: Wilburn, Wright, Bailey. Nays: Mims, Champion, Dickens, Hayek. Absent: None. Moved by Wright, seconded by Bailey, to adopt RES. 10-69, AMENDING RESOLUTION NO. 97-326 ESTABLISHING A PUBLIC ART PROGRAM AND RESOLUTION NO. 02-72 SETTING THE ANNUAL ALLOCATION, TO SET A NEW ANNUAL ALLOCATION OF $14,750 FOR PUBLIC ART. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Mims, seconded by Wright, to adopt RES. 10-70, AWARDING CONTRACT to MBA Concrete of North Liberty for $211,833.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY SOCCER PARK RENOVATION PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Dickens, to adopt RES. 10-71, AWARDING CONTRACT to Peterson Contractors for $2,213,562.83 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE NORTH DODGE STREET PEDESTRIAN BRIDGE OVER I-80 PROJECT [ESIM-080- 6(685)243--OS-52]. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Wilburn, to adopt a resolution 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. Moved by Champion, seconded by Wilburn, to amend the resolution by deferring consideration of the Yenter property until April 27. The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. The following individuals appeared: A.J. and Sara Sullivan, 1555 Tracy Lane; Keith Yenter, 734 Oakland Ave. Code Enforcement Officer Ream present for discussion. Individual Council Members expressed their views. The Mayor declared the resolution defeated, 2/5, with the following division of roll call vote. Ayes: Hayek, Wilburn. Nays: Champion, Dickens, Mims, Wright, Bailey. Absent: None. Moved by Wilburn, seconded by Bailey to accept correspondence from Keith Yenter (2), and Helen Roushar. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description March 2, 2010 Page 7 Moved by Bailey, seconded by Wilburn, to adopt RES. 10-72, APPROVING A REQUEST FOR PROPOSAL FOR THE DEVELOPMENT OF A MULTI-USE PARKING FACILITY, WHICH REQUEST FOR PROPOSAL SETS OUT MINIMUM REQUIREMENTS, COMPETITIVE CRITERIA, AND A DEVELOPMENT AGREEMENT AND INCLUDES PROVISION FOR DISPOSITION OF CERTAIN PROPERTY OWNED BY AND LOCATED WITHIN THE CITY, WHICH PROPERTY IS CONTEMPLATED TO BE INCLUDED IN A FUTURE URBAN RENEWAL AREA OR AN AMENDMENT TO AN EXISTING URBAN RENEWAL AREA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Mims, to adopt RES. 10-73, RATIFYING THE SETTLEMENT OF PENDING LITIGATION, for Roger Benner. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies for JCCOG Cool Cities Taskforce for One At-Large/Public vacancy to fill cone-year term, effective upon appointment, ending March, 2011. Applications must be received by 5:00 p.m., Wednesday, March 17, 2010; Youth Advisory Commission for an unexpired At Large term ending December 31, 2011. Applications must be received by 5:00 p.m., Wednesday, March 31, 2010. The Mayor noted the current vacancy to Planning & Zoning Commission for two vacancies to fill five-year terms May 1, 2010 -May 1, 2015. Applications must be received by 5:00 p.m., Wednesday, April 21, 2010. Moved by Mims, seconded by Wright, to make the following appointments to Boards and Commission: Steve Crane, 765 Kennedy Parkway, to the Airport Commission to fill a four-year term March 1, 2010 -March 1, 2014; re-appoint Lyra Dickerson, 324 Post Road, to the Civil Service Commission to fill afour-year term April 5, 2010 -April 7, 2014; re-appoint Alicia Trimble, 2232 California Avenue, to the Historic Preservation Commission, At Large, for a three-year term March 29, 2010 -March 29, 2013; appoint Kent Ackerson, 617 Brown Street, to the Historic Preservation Commission, Brown Street representative, for athree-year terms March 29, 2010 -March 29, 2013; re-appoint William Downing, 411 S. Summit Street, to the Historic Preservation Commission, Summit Representative, for athree-year term March 29, 2010 -March 29, 2013; re-appoint Hans Hoerschelman, 731 Michael Street, #20, to the Telecommunications Commission for athree-year terms March 13, 2010 -March 13, 2013; Royceann Porter to the Police Citizens Review Board to fill an unexpired term, effective upon appointment, ending September 1, 2012. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Mims, seconded by Wright, to accept correspondence from Dennis Gordon, Jay Murray, and Dan Tallon. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. 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 afive-year term January 1, 2007 -December 31, 2011; Airport Zoning Brd of Adjustment for afive-year term January 1, 2009 -December 31, 2013; Airport Zoning Commission for asix-year term January 1, 2006 -December 31, 2011; Airport Zoning Commission for asix-year term January 1, 2010 -December 31, 2015; Appeals, Board of ,Mechanical Professions, for afive-year term January 1, 2009 - Complete Description March 2, 2010 Page 8 December 31, 2013; Youth Advisory Commission, Tate High, for atwo-year term January 1, 2009 -December 31, 2010; Youth Advisory Commission, Regena High, for atwo-year term. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council Member Dickens reported on a Senior Center forum he attended. Council Member Bailey noted the spring break would occur before the next Council meeting and wished everyone a safe break, and hopefully warmer weather. Council Member Mims reminded citizens that their Census forms should be arriving the middle of March, and encouraged everybody to return the form promptly. Acting Asst. City Manager and Public Works Dir. Fosse updating Council on the project flood forecasts for this spring. City Clerk Karr followed up on the Census, noting that for every 100 people not counted over $1 million dollars is lost over the next ten years to the Iowa City community. Moved by Mims, seconded by Wilburn, to adjourn meeting at 9:25 p.m. The Mayor declared the motion. carried unanimously, 7/0, all Council Members present. /~'~7/~. `2a Matthew J. Hayek, ayo .~ 7~. i Mar K. Karr, City Clerk 4a 1 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 - 2/16/10 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, 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 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 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 Sidelines Bar and Grill, 320 E. Burlington St.; Class C Liquor License for Formosa, 221 E. College St. Renewal: Class C Liquor License for One- Eyed Jakes, 18-20 S. Clinton St.; Class C Beer Permit for Convenience Store, 106 S. Linn St.; Special Class C Liquor License for Thai Flavors, 340 E. Burlington St.; Class C Liquor License for Bo-James, 118 E. Washington St.; Class C Liquor License for It's Brothers Bar & Grill, 125 S. Dubuque St.; Class C Liquor License for EI Ranchero Mexican Restaurant, 21 Sturgis Corner Dr.; Class E Liquor License for Hy-Vee #3, 1201 N. Dodge St.; RES. 10-36, TO ISSUE DANCE PERMITS to Sidelines Bar and Grill, 320 E. Burlington St. and 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 2010, OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 10-38, SETTING A PUBLIC HEARING ON MARCH 2, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE EAST Official Actions February 16, 2010 Page 2 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 declared the motion carried. Jerry Graber, 1673 Hwy 2, Donnellson, appeared requesting Council review their present ordinance prohibiting redeeming gaming tickets for alcohol. Moved and seconded 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). The Mayor declared the motion carried. 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. Moved and seconded 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. 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). Moved and seconded 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). 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) Official Actions February 16, 2010 Page 3 Zone for property located near the intersection of Highway 1 and Interstate 80 (REZ09- 00006). Moved and seconded 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. Wally Pelds, Pelds Engineering Company& Eco-4 ,appeared. 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. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 10- 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. 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 second vote. The Mayor declared the motion carried. The following individuals appeared from Five Stars Taxi: Teresa Bennett, Yasser Gaber, and Hatem Moustafa. Moved and seconded to adopt RES. 10-45, ADOPTING THE IOWA CITY 2010 HAZARD MITIGATION PLAN. Moved and seconded 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 and seconded 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. After discussion, moved and seconded 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. Helen Rochart appeared regarding the procedure for providing additional information on March 2. Official Actions February 16, 2010 Page 4 Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. Moved and seconded to adopt RES. 10-46, REPEALING RESOLUTION NO. 01-169. Moved and seconded to adopt RES. 10-47, ESTABLISHING A RULE FOR ELECTRONIC PARTICIPATION IN CITY COUNCIL MEETINGS. The Mayor declared the resolution adopted. Moved and seconded to appoint Susan Mims to the JCCOG - ECICOG Assessment Structure Committee. The Mayor declared the motion carried. 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 atwo-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 cone-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 and seconded 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.] Moved and seconded to adjourn meeting back to work session 8:35 p.m. The Mayor declared the motion carried. Official Actions February 16, 2010 Page 5 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 y{~ • ~/~ Submitted or publication - 2/23/10. ~ ,~~ 03-02-10 4a 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 - 2/16/10 Iowa City City Council special meeting, 6:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims (6:04 p.m.), Wilburn, Wright. Absent: None. Moved and seconded to adjourn to executive session to discuss as a public employer, strategy regarding collective bargaining with City Employee Organizations; as such discussion is exempt from the provisions of Chapter 21 and to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. the minutes and the tape recording of a session closed under this paragraph (Real Estate) shall be available for public examination when the transaction discussed is completed. The Mayor declared the motion carried and adjourned into executive session. Moved and seconded to adjourn special meeting 6:26 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 Cle~ tti~ Submit ed for u/Qb\/li/cation - 2/18/10. ~' p 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 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 2010, 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 a five-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. 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 16t"; 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. 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 16, 2010 Iowa City City Council special meeting, 6:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims (6:04 p.m.), Wilburn, Wright. Absent: None. Staff members present: Helling, Dilkes, Karr, Fosse, Davidson, Purdy, Dulek, Jennings, Knoche. Moved by Wright, seconded by Champion, to adjourn to executive session to discuss as a public employer, strategy regarding collective bargaining with City Employee Organizations; as such discussion is exempt from the provisions of Chapter 21 and to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. the minutes and the tape recording of a session closed under this paragraph (Real Estate) shall be available for public examination when the transaction discussed is completed. Affirmative roll call vote unanimous, 6/0, Mims absent. The Mayor declared the motion carried and adjourned into executive session 6:02 p.m. Council returned to open session 6:25 p.m. Moved by Wright, seconded by Mims, to adjourn special meeting 6:26 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk •'~,®~r CITY OF IOWA CITY 4a3 ~~~~~ RA N D L[ ~ ~ E~~ Date: February 16, 2010 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, February 16, 2010, 6:27 PM in Emma J. Harvat Hall Council: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright Staff: Helling, Fosse, Dilkes, Karr, Knoche, Davidson, Elias, Nations, O'Malley (A complete transcription is available in the City Clerk's Office and the City website) COUNCIL APPOINTMENTS (Item # 18) Majority agreed to appoint Council Member Mims to serve on the JCCOG - ECICOG Assessment Structure Committee. COUNCIL POLICY Re: voting by representatives appointed by Council (Res. 01-169) (agenda #16J City Atty. Dilkes responded to questions regarding the current policy and the proposed resolution. PCD Dir. Davidson present for discussion. After discussion a majority agreed to not proceed with the proposed resolution but instead repeal Res. # 01-169. City Atty. Dilkes stated Council could amend the agenda item and proceed with repealing the current resolution. COMMUNITY SUSTAINABILITY PLAN [Info #5j Environmental Coordinator Nations presented a power point presentation (archived with City Clerk) on the community wide Plan. INFORMATION PACKET DISCUSSION [Feb 4 & 11] 1. (IP3 of 2/4 Info Packet -Gaming Devices and Alcohol Prizes) Council Member Dickens reported he had received several calls from the American Legion regarding gaming devices and asked if the matter could be scheduled for further discussion. Majority agreed to schedule for a future work session. 2. In response to Council Member Wright, City Atty. Dilkes reported that final briefs are due at the State ABD March 15 on the denial of a liquor license re PAULA rate. 3. Mayor Hayek encouraged any Council Member interested in attending the League of Cities meeting to contact City Clerk Karr or himself. Council Work Session February 16, 2010 Page 2 COUNCIL TIME 1. Council Member Bailey asked if the Metro Coalition was monitoring a Senate study bill about 500 year flood plain management. Mayor Pro tem Wilburn indicated it was discussed during a recent Metro Coalition conference call and is being monitored for changes. [Council recessed to the formal meeting 6:55 PM; returned to work session 8:40 PM] CITY MANAGER SEARCH/RFQ REVIEW [IP#2 of 2/11 Info Packet] After discussion, the following changes/additions were made: • Background Information -delete "a major art gallery" and replace with "numerous art galleries" in the second paragraph. • Set interviews with recruitment firms for April 9. Staff Action: Made the changes as requested. RFQ's mailed on February 17th, and information on City website. Press release also issued. (Karr) BUDGET PRIORITIES None SUMMARY OF PENDING WORK SESSION ISSUES [IP#3 of 2/11 Info Packet] The following items were added to the pending list: - Legislative Update -Metropolitan Coalition - Alcohol as Prizes from Gaming Devices In response to Council, Interim City Manager Helling stated a Safe Neighborhoods Coalition event is being planned for February 26 and an update provided to Council shortly thereafter. DISCUSSION OF MEETING SCHEDULES (IP#4 of 2/11 Info Packet] After discussion Council agreed to the following meeting schedule for April-August: April 5 -Monday Regular work session April 6 -Tuesday Regular formal April 26 -Monday Special work session April 27 -Tuesday Special formal May 10 -Monday Special work session, TBA Special formal Council Work Session February 16, 2010 Page 3 June 1 -Tuesday Special work session, TBA Regular formal June 14 - Monday Regular work session June 15 -Tuesday Regular formal July 12 - Monday Special work session, TBA Special formal August 16 -Monday Regular work session August 17 -Tuesday Regular formal August 30 -Monday Special work session August 31 -Tuesday Special formal STAFF ACTION: Memo distributed in February 18 packet. (.Karr) UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS None Meeting adjourned 9:25 PM.