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HomeMy WebLinkAbout2010-03-23 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 23, 2010 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Staff members present: Helling, Fosse, Dilkes, Karr, Rocca, Morris, Jensen, Humston, Haveland, Hart, O'Malley, Knoche. A special presentation was made by Mike Morman, Iowa Chapter of the United States Green Building Council for the Gold LEED Certificate for Fire Station # 2. Fire Chief Rocca and Mayor Hayek accepting. The special presentation for the Great Places Designation will be rescheduled. Moved by Champion, seconded by Wilburn, 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: March 1, Special Council Formal Official and Complete; March 1, Regular Council Work Session; March 2, Regular Council Formal Official and Complete; March 11, 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): Youth Advisory Commission -February 22, 2010; Telecommunications Commission - January 25, 2010; Parks and Recreation Commission -January 13, 2010; Civil Service Commission -March 3, 2010; Housing and Community Development Commission - February 16, 2010; Housing and Community Development Commission -February 11, 2010; Housing and Community Development Commission -February 10, 2010; Public Art Advisory Committee -January 7, 2010; Police Citizens Review Board -February 17, 2010; Police Citizens Review Board -January 19, 2010; Board of Adjustment - February 10, 2010. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Iowa City Live Music, LLC, dba Gabes, 330 E. Washington St.; Outdoor Service Area for Iowa City Live Music, LLC, dba Gabes, 330 E. Washington St. Renewal: Class B Liquor License for RBD Iowa City, LLC, dba Sheraton Iowa City, 210 S. Dubuque St.; Outdoor Service Area for RBD Iowa City, LLC, dba Sheraton Iowa City, 210 S. Dubuque St.; Class C Liquor License for Okoboji IC, LLC, dba Okoboji Grill, 1857 Lower Muscatine Rd.; Outdoor Service Area for Okoboji IC, LLC, dba Okoboji Grill, 1857 Lower Muscatine Rd.; Special Class C Liquor License for Chansy Keomanivong, dba Thai Spice Restaurant, 1210 S. Gilbert St. #200; Class C Liquor License for Sultana, Inc., dba EI Dorado Mexican Restaurant, 1634 Sycamore St.; Class C Liquor License for L & M Iowa City Investments, LLC, dba Chefs Table, 223 E. Washington St.; Class C Liquor License for Iowa City Lodge #590, B.P.O. Elks of USA, dba B.P.O. Elks #590, 637 Foster Rd.; Class C Liquor License for Graze Iowa City, LLC, dba Graze, 115 E. College St.; RES. 10-75, TO ISSUE DANCE PERMITS to RBD Iowa City, LLC, dba Sheraton Iowa City, 210 S. Complete Description March 23, 2010 Page 2 Dubuque St. and Iowa City Live Music, LLC, dba Gabes, 330 E. Washington St.; RES. 10-76, TO ISSUE CIGARETTE PERMIT to North Dodge, Inc., dba North Dodge Sinclair, 2153 ACT Circle. Motions: Approve disbursements in the amount of $10,214,723.79 for the period of February 1 through February 28, 2010, as recommended by the Finance Director subject to audit. Public Hearings: RES. 10-77, SETTING A PUBLIC HEARING ON APRIL 6, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2010 MUSCATINE AVENUE WATER MAIN 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. 10-78, SETTING A PUBLIC HEARING ON APRIL 6, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SYCAMORE STREET FROM LANGENBERG AVENUE TO U.S. HIGHWAY 6 IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; SETTING A PUBLIC HEARING FOR THE APRIL 27, 2010 CITY COUNCIL MEETING ON THE IOWA DEPARTMENT OF TRANSPORTATION CONSOLIDATED FUNDING APPLICATION FOR IOWA CITY TRANSIT. Resolutions: RES. 10-80, AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA, REGARDING THE ANNEXATION OF CERTAIN LAND PORTIONS OF THE SHOWER'S ADDITION; RES. 10-81, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND BANK OF AMERICA, N.A. RECONTRUST CO./TX2-979-01-07, DALLAS, TEXAS FOR PROPERTY LOCATED AT 2104 HOLLYWOOD BOULEVARD, IOWA CITY, IOWA; RES. 10-82, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 1830 I STREET, IOWA CITY, IOWA; RES. 10-83, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A MORTGAGE AND TWO PROMISSORY NOTES FOR THE PROPERTY LOCATED AT 2220 A STREET, IOWA CITY, IOWA; RES. 10-84, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 1668 BURNS AVENUE, IOWA CITY, IOWA; RES. 10-85, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2204 CALIFORNIA AVENUE, IOWA CITY, IOWA; RES. 10-86, 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 MIDWESTONE BANK, AND TENANT ICBB, LTD D/B/A BROWN BOTTLE, FOR A SIDEWALK CAFE; RES. 10-87, Complete Description March 23, 2010 Page 3 CONSIDER A RESOLUTION 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 MARC MOEN, AND TENANT STARBUCKS CORPORATION D/B/A STARBUCKS COFFEE #2855-IA, FOR A SIDEWALK CAFE; RES. 10-88, 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 MARL MOEN, AND TENANT GRAZE IOWA CITY LLC D/B/A GRAZE, FOR A SIDEWALK CAFE. RES. 10-89, 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 DLSIC LC, AND TENANT MORROWCO LLC, INC. D/B/A PITA PIT, FOR A SIDEWALK CAFE; RES. 10-90, 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 MOKA JAVA LLC, AND TENANT IOWA CITY COFFEE COMPANY, INC. D/B/A JAVA HOUSE, FOR A SIDEWALK CAFE; RES. 10-91, 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 KLDP, INC, AND TENANT CHACKALACKAL, INC. D/B/A ONE TWENTY SIX, FOR A SIDEWALK CAFE; RES. 10-92, 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 MOKA JAVA LLC, AND TENANT LUSATI, INC. D/B/A QUINTON'S BAR & DELI, FOR A SIDEWALK CAFE. Correspondence: Acting Traffic Engineering Planner regarding Installation of (4) NO TRUCKS OVER 20 TONS GVW signs on Rochester Avenue; JGCOG Traffic Engineering Planner regarding Installation of (2) PASSENGER LOADING ZONE 15 MINUTE LIMIT 5PM FRIDAY TO 3PM SATURDAY signs on the east side of the 10 block of South Johnson Street; JCCOG Traffic Engineering Planner regarding Installation of (3) NO PARKING HERE TO CORNER signs on the northwest corner of the intersections of Franklin Street, Ash Street, and Pine Street with Deforest Avenue; Curfew letters from Noah Berkson, Alex Christophersen; Ryan Fell regarding United Action for Youth; Section 8 Housing letters from Nick Beckman, Trey Odle; Sharon Evans regarding Citizen petitions and Free Speech; Joseph Belk regarding Third Base and the ABD; Jim Surratt regarding Radios; Sujit Singh regarding Possible discrimination [staff response included]; Chris Traeger regarding Google Fiber Optics; Stephen Trefz regarding An idea for Iowa City; Property taxes letters from Kris Hardin, Pete Hendley; Water Fluoridation letters from Mark Amberg, Michael Burch, Whitney Carson; Libris Fidelis regarding ICCCCommittee Comment - IC Housing Authority Annual Report 2010; Pamela Kottemann regarding Trail in Court Hill park [staff response included]; Rob Phipps regarding Inclusionary-zoning ordinances; Leah Cohen: DTA follow up letter re Panhandling; Eileen Fisher regarding Smokefree ped mall. Complete Description March 23, 2010 Page 4 Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. The Mayor noted additions to the Consent Calendar including setting a public hearing on the IDOT consolidated funding application for Iowa City transit. Libris Fidelis, PO Box 2164, appeared re the Sheraton Hotel public access walkway; and the ribbon cutting ceremony for Fire Station # 2. Moved by Champion, seconded by Wilburn, 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. 10-4385, 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 voted on for final passage at this time. The Mayor asked that Council Members share ex parte communications, and none were reported. The Mayor declared the motion carried, 6/1, with the following roll call vote. Ayes: Champion, Dickens, Hayek, Mims, Wilburn, Bailey. Nays: Wright. Absent: None. Moved by Wilburn, seconded by Mims, that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote. Ayes: Dickens, Hayek, Mims, Wilburn, Bailey, Champion. Nays: Wright. Absent: None. Moved by Bailey, seconded by Wright, to adopt RES. 10-93, DETERMINING THE NECESSITY AND SETTING DATES OF A CONSULTATION (March 26) AND A PUBLIC HEARING FOR APRIL 27, 2010 ON A PROPOSED MOSS GREEN URBAN VILLAGE URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA CITY, IOWA. Wally Pelds, EquaFour Partners, appeared requesting a special Council meeting for April 16. Individual Council Members expressed their views. Moved by Mims, seconded by Champion, to set a special meeting for 8AM on April 16. The Mayor declared the motion defeated, 3/4, with Dickens, Mims, and Champion voting "aye" and Bailey, Hayek, Wilburn, and Wright voting "nay". Absent: None. Affirmative roll call vote unanimous on original motion, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Mims, to approve a tax exemption certificate (re the issuance of $15,080,000 Sewer Revenue Refunding Capital Loan Notes, Series 2010A). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Wright, to approve a continuing disclosure certificate (re the issuance of $15,080,000 Sewer Revenue Refunding Capital Loan Notes, Series 2010A). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Wilburn, to adopt RES. 10-94, APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $15,080,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2010A, AND PROVIDING FOR A METHOD OF PAYMENT OF THE NOTES. 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 Annual Budget for the Fiscal Year ending June 30, 2011. No one appeared. Complete Description March 23, 2010 Page 5 Moved by Wright, seconded by Wilburn, to adopt RES. 10-95, ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2011. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Iowa City Mercer Park Aquatic Center Pool Filter Replacement 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 Wilburn, to adopt RES. 10-96, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY MERCER PARK AQUATIC CENTER POOL FILTER REPLACEMENT 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 a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the 2010 Sanitary Sewer Rehabilitation 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. 10-97, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2010 SANITARY SEWER REHABILITATION 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 a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the 2010 Pavement Replacement for Water Main 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 Wilburn, seconded by Bailey, to adopt RES. 10-98, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2010 PAVEMENT REPLACEMENT FOR WATER MAIN 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 a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the 2010 Water Main Directional Boring 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. Libris Fidelis, PO Box 2164, appeared. Complete Description March 23, 2010 Page 6 Moved by Wilburn, seconded by Wright, to adopt RES. 10-99, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2010 WATER MAIN DIRECTIONAL BORING 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 a resolution declaring the city's intent to proceed with and authorizing the acquisition of property rights for the 2010 Sidewalk Infill Project. No one appeared. Moved by Bailey, seconded by Mims, to adopt RES. 10-100, DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE 2010 SIDEWALK INFILL PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. 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 second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by Wright, to accept correspondence from Cassie Bott. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Bailey, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 10-4386, 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 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 Wright, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by Dickens, to adopt RES. 10-101, AUTHORIZING AND DESIGNATING THE CITY PUBLIC WORKS DIRECTOR OR DESIGNEE TO SUBMIT THE CITY OF IOWA CITY'S APPLICATION FOR ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FUNDS TO CONSTRUCT A LANDFILL GAS PIPELINE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Champion, to adopt RES. 10-102, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EMPLOYMENT AGREEMENT BETWEEN NICK TRENARY, THE CITY OF IOWA CITY, IOWA, AND THE JOINT EMERGENCY COMMUNICATIONS SERVICES ASSOCIATION OF JOHNSON COUNTY (JECC) FOR THE EMPLOYMENT OF NICK TRENARY AS A SYSTEMS/NETWORK Complete Description March 23, 2010 Page 7 ANALYST. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Bailey, to adopt RES. 10-103, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SECOND AMENDMENT TO THE CONTRACT OF EMPLOYMENT BETWEEN THE JOINT EMERGENCY COMMUNICATION CENTER OF JOHNSON COUNTY, THE CITY OF IOWA CITY AND MIKE SULLIVAN. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Mims, to adopt RES. 10-104, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE CONTRACT OF EMPLOYMENT WITH THE JOINT EMERGENCY COMMUNICATION CENTER OF JOHNSON COUNTY, THE CITY OF IOWA CITY AND THOMAS JONES. 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 Bailey, to adopt RES. 10-105, AWARDING CONTRACT to Corporate Contractors, Inc. for $2,468,468.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF IOWA CITY FIRE STATION NO. 4 PROJECT. 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 ordinance amending Title 4, entitled "Alcoholic Beverages", Chapter 5, entitled "Prohibitions and Restrictions", Section 8 entitled "Persons under 19 years of age in licensed or permitted establishments" of the City Code to prohibit persons who are under the "legal age" (currently twenty-one (21) years of age) from entering or remaining in establishments with liquor control licenses or wine or beer permits between the hours of 10:00 p.m. and closing, be given first vote. The following individuals appeared: Tom Rocklin, Vice President of Student Services at the University of Iowa; Victoria Sharp, 200 Hawkins Dr., University of Iowa Faculty and Faculty Senate Member; Angie Reams, 4168 WL, Substance Abuse Prevention Coordinator at University of Iowa; Charles Green, Director of Public Safety at the University of Iowa; Sam Konchar, UISG Government Relation Liaison; Patrick Lawler; Marni Steadham, 100 Mayflower; John Chiakulas, 820 E. Burlington; Anthony Bryant, 1037 Scott Park Dr.; Shelby Baker, 416 S. Linn St.; Katya Boltanova, 1910 Western Rd.; Libris Fidelis, PO Box 2164; Alyssa Shubert; Christine Buzard; Jane Sternecky; Brendan Crowley; Amy Fletcher; Annie Meltzer; Jeremy Sonne, 301 Hawkridge Dr.; Josh Sims, 705 Clark St.; Tom Lenoch, 363 Willow wind PI.; Jeff Shipley, UISG City Council Liaison; Adam Altman, 347 Huntington Dr.; Skylar Limkemann, 601 S. Gilbert St.; Jake Billmeyer, 347 Huntington Dr. Moved by Champion, seconded by Wilburn, to accept correspondence from Rhys Jones, Roscoe Cougill, Brandon Oest, Graham Morris, Scott Hansen, Steven Linden, Danny Miller, Stephanie Reyes, Jennavie Reyes, Monyetta Gills, Brooke Smith, Danielle Ramsey, Bryce Parker, Alex French, Derek Foster, Charles Crawford, Timothy Colby, Loulou Dickey (2), Cassandra Miller, Amy Fletcher, James Ponto, Carol deProsse, Jerry Peck, Matthew Wiegand, Dave Mendez, Ken and Cheryl Hessenius, Tom Casavant, Greg Thomas, Paul and Darlene Ayers, Kevin McVey, Craig Shaw, Alan Eckhardt and Tonya Hovey, Douglas Kallin, Steve Goetzelman, William Delong, Ilina Kravtchenko, Robert Forslund, Sarah Hansen, Megan Astell, Kyle Johnson, Douglas Beardsley, Kathleen Svac, Risa Eicke, Angela Reams, Lynden Schauper, Valerie Chittick, Complete Description March 23, 2010 Page 8 Mona Peterschmidt for Victoria Sharp, Lane Plugge, Chuck Green, Amy A'Hearn, Eric Sundermann, Morgan Olsen, Cheryl Bates for Tom Rocklin, Susan Bates, Michael Bates, Luann Alemao, Mike and Mary Beth Golemo, Mary Hughes, David Hughes, Perry and Ann Klein, Jon and Sharyl Leinen, Steve and Karla Maxwell, Susie Schenk, Kelly Flinn, Jean Robillard, Ranae DeVolder, Sally Mason, Lindsay Wetzel, Derek Roorda, Tim Kelly, Nancy Burgus. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Individual Council Members expressed their views. The Mayor declared the motion carried on first consideration of the ordinance, 6/1, with the following division of roll call vote. Ayes: Wilburn, Wright, Champion, Dickens, Hayek, Mims. Nays: Bailey, Absent: None. The Mayor noted the previously announced vacancies to Boards and Commissions: Airport Zoning Brd of Adjustment for an unexpired term, effective upon appointment, plus a five-year term January 1, 2007 -December 31, 2011; Airport Zoning Brd of Adjustment for a five-year term January 1, 2009 -December 31, 2013; Airport Zoning Commission to for asix- yearterm January 1, 2006 -December 31, 2011; Airport Zoning Commission for asix-year term January 1, 2010 -December 31, 2015; Appeals, Board of for afive-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Youth Advisory Commission for atwo-year term, January 1, 2009 -December 31, 2010, for Tate High; Youth Advisory Commission to fill atwo-year term, January 1, 2010 -December 31, 2011, for Regina High; Youth Advisory Commission for an unexpired term Effective Upon Appointment, Ending December 31, 2011 for At Large. Applications must be received by 5:00 p.m., Wednesday, March 31, 2010. 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. The Mayor noted the current vacancies: Police Citizens Review Board for an unexpired term, effective July 1, 2010, ending September 1, 2013; Airport Commission for an unexpired term, effective upon appointment, ending March 1, 2012; Library, Board of Trustees for an unexpired term, effective upon appointment, ending June 30, 2013. Applications must be received by 5:00 p.m., Wednesday, May 5, 2010. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Moved by Wright, seconded by Champion, to accept correspondence from Vershawn Young, Michael Cohen, and Janelle Rettig. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Wilburn, to re-appoint Thomas Carsner to the JCCOG Cool Cities Taskforce for one At-Large/Public vacancy ending March, 2011. The Mayor declared the motion carried, 7/0, all Council Members present. Council Member Bailey referenced comments made during Council consideration of the Joint Emergency Communication Center earlier in the evening, and introduced Mike Wright as the new Chair of the Policy Board. Council Member Dickens reminded everyone of the Shelter House fundraiser March 27-28. Interim City Manager Helling noted the emails being received suggesting the City get involved in an application for Google experiment, and stated Staff member Kris Ackerson is coordinating the efforts prior to the March 26th deadline. Complete Description March 23, 2010 Page 9 Moved by Wilburn, seconded by Wright, to adjourn meeting 9:20 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. ,T l ^ w Matthew J. Haye c, ayor ,~ Mari K. Karr, City Clerk 3a 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 - 3/1/10 Iowa City City Council special meeting, 6:45 p.m. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Staff members present: Helling, Dilkes, Fosse, Karr, Davidson, Morris, Lewis, Hightshoe, Long, Moran. 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 adjourn special meeting 6:52 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, Cit CI rk ~~~~~~! ~~ ~~-v~ Submitted for publication - 3/5/10. ~~,®~ CITY OF IOWR CITY 3a2 ~ ~~~~~~~ ~E~C~R Date: March 1, 2010 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, March 1, 2010, 6:55 PM in Emma J. Harvat Hall Council: Bailey, Champion. Dickens, Hayek, Mims, Wilburn, Wright UISG Rep: Shipley Staff: Helling, Dilkes, Fosse, Karr, O'Brien, Moran, Elias, Morris, Long, Davidson, Hightshoe, Lewis, Rackis, Hart , (A complete transcription is available in the City Clerk's Office and the City website) COUNCIL APPOINTMENTS Airport Commission -Steve Crane Civil Service Commission -reappoint Lyra Dickerson Historic Preservation Commission Brown St. rep -Kent Ackerson Summit St. rep. -reappoint William Downing At Large -reappoint Alicia Trimble Police Citizens Review Board - Royceann Porter Telecommunications Commission -reappoint Hans Hoerschelman AGENDA ITEMS 1. (Item # 21 -resolution adopting an unsuccessful or delayed projects policy for CDBG and HOME projects and rescinding Resolution No. 46-68) Community Development Planner Hightshoe present for discussion. 2. (Item # 10 -public hearing .... Resolution approving plans, specifications, .... East Side Recycling Center Project) In response to Interim City Manager Helling, there were no questions for Architectural Services Staffer Morris or Wastewater Division Supt. Elias. 3. (Items # 14 -Resolution adopting the annual budget ... # 15 resolution approving the three- yearfinancial plan ...)Mayor Hayek requested a mid year budget status report from the Finance Director be added to the pending .list. 4. (Items # 7 -resolution approving the Iowa City Housing Authority's Five (5) year Plan ... and annual plan ....; # 8 -adopting the amended Iowa City Housing Authority Housing Choice Voucher (HCV) administrative plan; # 9 -resolution adopting the amended Iowa City Housing Authority Public Housing Admissions and continued occupancy policy (ACOP) ...) Housing Administrator Rackis responded to questions from Council Member Mims. 5. (Item # 25 -resolution adopting assessment schedule ....) In response to Council Member Wilburn, Interim City Manager Helling stated staff would be in attendance at the formal Council Work Session March 1, 2010 Page 2 meeting for questions. City Clerk Karr noted additional correspondence would be distributed at the formal meeting. 6. (Item # 22 -resolution ... establishing a public art program ... set a new annual allocation of $14,750 for public art) PCD Dir. Davidson clarified that carry over monies provided for three years of operation, and this resolution follows earlier Council direction on funding. FARMERS MARKET -PARKS 8~ REC COMMISSION RECOMMENDATIONS [Agenda #16] Parks & Rec. Dir. Moran present for discussion. Majority agreed to proceed as outlined. MULTI-USE PARKING FACILITY..- FORMER ST. PAT'S PARISH HALL SITE [Agenda #26] PCD Dir. Davidson and City Atty. Dilkes presented information. Majority agreed to proceed as outlined. INCLUSIONARY ZONING AND SCATTERED SITE HOUSING [IP#3] PCD Dir. Davidson, Community Development Coordinator Long, Housing Administrator Rackis and City Atty. Dilkes presented information. After discussion there was not a majority interested in further discussion of mandatory inclusionary zoning. A majority did agree that the JCCOG Affordable Housing Committee should discuss an affordable housing policy on a regional basis; and requested a map of Section 8 voucher locations. STAFF ACTION: Summary memo, with attached 2005 Scattered Site Task Force Final Report, included in the March 4 information packet. (Davidson) PROPOSED AFFORDABLE RENTAL HOUSING SITE 2500 MUSCATINE AVE [IP#4] Community Development Coordinator Long and Community Development Planner Hightshoe presented a power point (archived with City Clerk) and facilitated discussion. The Housing Fellowship representative Maryann Dennis responded to questions. A majority (Champion, Dickens, Mims, Hayek) denied the request to locate on the site with CDBG and/or HOME funds. INFORMATION PACKET DISCUSSION [Feb 18 & 25] None COUNCIL TIME 1. In response to Council Member Wright, a majority agreed to add a review of taxicab regulations to the pending list. 2. In response to Council Member Mims, a majority agreed to add discussion of ECICOG funding proposal to the Council work session of March 22. 3. Council Member Wright stated he had received an email regarding the designation of Longfellow Neighborhood as one of the best old house neighborhoods by This Old House magazine. Mayor Hayek noted he had also received the email and a memo will be in the next information packet. Council Work Session March 1, 2010 Page 3 4. In response to Mayor Hayek, a majority of Council agreed to place discussion on the work session of March 22, and first reading on the March 23 formal agenda, of a 21 bar entry age. BUDGET PRIORITIES None SUMMARY OF PENDING WORK SESSION ISSUES [IP#5] Majority agreed to add "City Boards/Commissions -number, function, and gender balance" to the pending list. UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS Council Member Mims expressed an interest in attending "Teaching the Levees" (IP10 of 2/25 Info Packet) on March 4. DISCUSSION OF MEETING SCHEDULES None Meeting adjourned 9:35 PM. 03-23-10 3a 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 - 3/2/10 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 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 and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk; 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, 749 Mormon Trek Blvd.; Outdoor Service Area for Coach's Corner Sports Pub, 749 Mormon Trek Blvd.; Renewal: Class C Liquor License for Donnelly's Pub, 110 E. College St.; Class B Beer Permit for Godfather's Pizza, 531 Hwy 1 West; Special Class C Liquor License for Devotay, 117 N. Linn St.; Class E Liquor License for Hy-Vee Food & Drugstore #1 & Regal Liquor, 1720 Waterfront Dr.; Class E Liquor License for Hy-Vee Food Store #2, 812 S. First Ave.; Class C Liquor License for Carl & Ernie's Good Time Pub & Grub, 161 Highway 1 W.; Outdoor Service Area for 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 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, Official Actions March 2, 2010 Page 2 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 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 Official Actions March 2, 2010 Page 3 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. 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 located at Mormon Trek Boulevard south of Eagle View Drive from Commercial Office (CO-1) to Intensive Commercial (CI-1) (REZ09-00011). 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 and seconded to accept correspondence from Dave Larsen. The Mayor declared the motion carried. Moved and seconded that the ordinance conditionally rezoning approximately 5.05 acres 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. The Mayor declared the motion carried. Moved and seconded 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 declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. 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. Moved and seconded 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. A public hearing was held on a resolution adopting the amended Iowa City Housing Authority Housing Choice Voucher (HCV) Administrative Plan. Moved and seconded to adopt RES. 10-59, ADOPTING THE AMENDED IOWA CITY HOUSING AUTHORITY HOUSING CHOICE VOUCHER (HCV) ADMINISTRATIVE PLAN. A public hearing was held on a resolution adopting the amended Iowa City Housing Authority Public Housing Admissions and Continued Occupancy Policy (ACOP). Moved and seconded to adopt RES. 10-60, ADOPTING THE AMENDED IOWA CITY HOUSING AUTHORITY PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY POLICY (ACOP). Official Actions March 2, 2010 Page 4 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. Moved and seconded 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. 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 and seconded 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. Moved and seconded to adopt RES. 10-63, DIRECTING SALE OF $ 15,080,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES. Moved and seconded 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. Moved and seconded to adopt RES. 10-65, ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2011. Moved and seconded 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. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. Teresia Bennett, representing Five Stars Taxi, presented a power point and correspondence. Moved and seconded to accept correspondence from Ms. Bennett. The Mayor declared the motion carried. Moved and seconded to amend the ordinance by deleting the second paragraph regarding electronic signs. The Mayor declared the motion to amend carried. Moved and seconded 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 Official Actions March 2, 2010 Page 5 decrease the minimum hours requirement, be given first vote. The Mayor declared the motion carried. Moved and seconded to adopt RES. 10-67, ESTABLISHING MOBILE VENDING PERMIT AND AMBULATORY VENDING PERMIT FEES AND RESCINDING RESOLUTION NO. 88-42. Moved and seconded 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. Moved and seconded to adopt a resolution adopting an unsuccessful or delayed projects policy for CDBG and HOME Projects and rescinding Resolution No. 04-68. The Mayor declared the resolution defeated. Moved and seconded 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. Moved and seconded to adopt RES. 10-70, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY SOCCER PARK RENOVATION PROJECT. Moved and seconded to adopt RES. 10-71, AWARDING CONTRACT 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]. Moved and seconded 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 and seconded to amend the resolution by deferring consideration of the Yenter property until April 27. The Mayor declared the motion to amend carried. The following individuals appeared: A.J. and Sara Sullivan, 1555 Tracy Lane; Keith Yenter, 734 Oakland Ave. The Mayor declared the resolution defeated. Moved and seconded to accept correspondence from Keith Yenter (2), and Helen Roushar. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded to adopt RES. 10-73, RATIFYING THE SETTLEMENT OF PENDING LITIGATION. 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 Official Actions March 2, 2010 Page 6 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 and seconded by Wright, to make the following appointments to Boards and Commission: Steve Crane, 765 Kennedy Parkway, to the Airport Commission to fill afour- yearterm 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 and seconded to accept correspondence from Dennis Gordon, Jay Murray, and Dan Tallon. The Mayor declared the motion carried. 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 - 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.] Moved and seconded to adjourn meeting at 9:25 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 Clerk ~jCLu,~t a+/ ~ . ~ti~/ Submitted for publication - 3/9/10. 3a 4 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost of this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 3/11/10 Iowa City City Council special meeting, 8:30 a.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: Bailey. Moved and seconded to adopt RES. 10-74, SETTING A PUBLIC HEARING ON MARCH 23, 2010, TO DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2010, THROUGH JUNE 30, 2011. Moved and seconded to adjourn special meeting at 8:31 a.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 for publication - 3/12/10. 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 MARCH 1, 2010 Iowa City City Council Special meeting, 6:45 p.m. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Staff members present: Helling, Dilkes, Fosse, Karr, Davidson, Morris, Lewis, Hightshoe, Long, Moran. Moved by Wilburn, seconded by Wright, 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 6:46 p.m. Council returned to open session 6:51 p.m. Moved by Wright, seconded by Wilburn, to adjourn special meeting 6:52 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 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. 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 MARCH 11, 2010 Iowa City City Council special meeting, 8:30 a.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: Bailey. Staff members present: Helling, Holecek, Karr, O'Malley, Lewis. Moved by Wright, seconded by Wilburn, to adopt RES. 10-74, SETTING A PUBLIC HEARING ON MARCH 23, 2010, TO DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2010, THROUGH JUNE 30, 2011. Affirmative roll call vote unanimous, 6/0, Bailey absent. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Dickens, to adjourn special meeting at 8:31 a.m. The Mayor declared the motion carried unanimously, 6/0, Bailey absent. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk