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HomeMy WebLinkAbout2010-04-06 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 APRIL 6, 2010 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Staff members present: Helling, Fosse, Dilkes, Karr, Davidson, Hart, Panos, Havel. The Mayor presented Outstanding Student Citizenship Awards to Helen Lemme Elementary students: Claire Herting, Ella Ostedgaard, and Natalia Turner. 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 22, Special Council Work Session; March 23, Special Council Formal Official and Complete; March 29, 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): Human Rights Commission -February 16, 2010; Planning and Zoning Commission -February 4, 2010; Housing and Community Development Commission -March 11, 2010. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Beer Permit for Suburban Investors, LLC, dba Suburban BP AMOCO, 1905 Keokuk St.; Class C Liquor License for The Bandits. LLC, dba EI Banditos, 327 E. Market St.; Renewal: Class C Liquor License for Iowa City Eastside Cafe, Inc., dba Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St.; Outdoor Service Area for Iowa City Eastside Cafe, Inc., dba Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St.; Class C Liquor License for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St.; Outdoor Service Area for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St.; Special Class C Liquor License for Oyama Sushi, Inc., dba Oyama Sushi Japanese Restaurant, 1853 Lower Muscatine Rd.; Special Class C Liquor License for Freshmex Iowa City, LLC, dba Panchero's Mexican Grill, 965 S. Riverside Dr.; Class C Liquor License for La Reyna, Inc., dba La Reyna, 1937 Keokuk St.; Class C Liquor License for Caliente Night Club, Inc., dba Caliente Night Club, Inc., 171 Hwy. 1 West. RES. 10-106, TO ISSUE DANCING PERMIT to Caliente Night Club, Inc., dba Caliente Night Club, Inc., 171 Hwy. 1 West. Resolutions: RES. 10-107, 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 THREE GUYS HOLDINGS, LLP, AND TENANT J.J.G., LLC, D/B/A T-SPOONS, FOR A SIDEWALK CAFE; RES. 10-108, 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 UNIVERSITY VIEW PARTNERS, AND TENANT TAKANAMI LLC D/B/A TAKANAMI, FOR A SIDEWALK CAFE; RES. 10- Complete Description April 6, 2010 Page 2 109, 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 LAURENCE SHORT, ET AL, AND TENANT SHORT'S BURGER AND SHINE LLC, INC. D/B/A SHORT'S BURGER AND SHINE, FOR A SIDEWALK CAFE; RES. 10-110, 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 ET AL, AND TENANT LINN STREET CAFE INC. D/B/A LINN STREET CAFE, FOR A SIDEWALK CAFE; RES. 10-111, 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 BILL MIHALOPOULOS, AND TENANT ATLAS WORLD GRILL, INC. D/B/A ATLAS WORLD GRILL, FOR A SIDEWALK CAFE; RES. 10-112, 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 UNIVERSITY VIEW PARTNERS, AND TENANT DAWIT'S RESTAURANT D/B/A DAVID'S PLACE, FOR A SIDEWALK CAFE; RES. 10-113, 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 MAUREEN MONDANARO, AND TENANT SALOON OF IOWA CITY, L.C., D/B/A SALOON, FOR A SIDEWALK CAFE; RES. 10-114, 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 MAUREEN MONDANARO, AND TENANT GIVANNI'S OF IOWA CITY D/B/A GIVANNI'S, FOR A SIDEWALK CAFE; RES. 10-115, 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 THREE GUYS HOLDINGS LLP, AND TENANT CORNER OF THE MEADOW, INC. D/B/A MOTLEY COW CAFE, FOR A SIDEWALK CAFE. Correspondence: Kathryn Kunert regarding MidAmerican Energy Company Iowa City Community Report 2009; Brian Cramer regarding Potential Google Fiber Bid; Tim Kelly regarding Smoking in the ped mall; Mark Amberg regarding Sand in the streets [staff response included]; Mike Thayer regarding Presidential visit [response from Coralville Council Member Thomas Gill]; Sue Rich (x2) regarding Message from a 4tn Generation Iowan; Teresia Bennett regarding Digital Sign/Taxi Cabs [staff response included]; Jeff Edberg regarding Modification of CDBG Grant Proposal [copy of letter sent to Planning and Community Development]; Jason Armstrong regarding Usage fees for the Iowa City Kickers fields; Petition regarding Request for Sunday Bus Service-over 900 signatures received; Elizabeth Smothers regarding Panhandling; Letters from Cathy Justus, Jim Schultz, Jody Murph, Paul Beeber, Rhys Jones, Anita Knight, Kathleen Henderson regarding Water Fluoridation. Complete Description April 6, 2010 Page 3 Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Downtown Association rep. Leah Cohen introduced new Executive Director Nick Arnold; and shared frustrations working with City staff to move the River fest event to downtown. Nick Arnold stated he was looking forward to his new role as DTW Executive Director. The following individuals appeared requesting Council consideration of Sunday bus service: Quinn Dilkes, 320 E. Washington St.; Lisa Anthony, 2159 Taylor Dr.; and Jessica Pannell, 1233 Sandusky Dr. Jeff Shipley, UISH City Council Liaison appeared re fluoride in City water. Joe Gwinn and Sean Barry, 911 Highland Ave., appeared regarding a city bill for snow removal. City Atty. Dilkes suggested they provide contact information and City staff would follow up. Moved by Bailey, seconded by Wilburn, to adopt RES. 10-116, APPROVING THE FINAL PLAT OF WAL-MART SUBDIVISION, IOWA CITY, IOWA (SUB10-00001). PCD Dir. Davidson present for discussion. 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 Muscatine Avenue Water Main 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 Wilburn, seconded by Wright, to adopt RES. 10-117, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2010 MUSCATINE AVENUE WATER MAIN 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 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 Sycamore Street from Langenberg Avenue to U.S. Highway 6 Improvements Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, and fixing time and place for receipt of bids. No one appeared. Moved by Bailey, seconded by Wright, to adopt RES. 10-118, APPROVING 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, 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 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Wright, that the ordinance amending Title 1, entitled "Administration," Chapter 4, entitled "General Penalty," Section 2D to provide that the civil penalty for over-occupancy of a rental unit be $750.00 for first violation and $1,000.00 for second and subsequent violations under both the Zoning Code and the Housing Code, 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. Complete Description April 6, 2010 Page 4 Moved by Champion, seconded by Mims, that the ORD. 10-4387, 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 passed and adopted. 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. 10-119, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER PLAZA TOWERS LLC, AND TENANT ETRE PLAZA TOWERS RESTAURANT LLC, D/B/A FORMOSA ASIAN CUISINE, FOR A SIDEWALK CAFE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Mims, to adopt RES. 10-120, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE BRIDGE DECK OVERLAY ON IOWA 1 OVER THE IOWA RIVER PROJECT [FSSN-1-5(87)--3T-52. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Wilburn, to adopt RES. 10-121, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A COST REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, JOHNSON COUNTY, IOWA AND THE JOINT EMERGENCY COMMUNICATION SERVICES ASSOCIATION OF JOHNSON COUNTY (JECSA). 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 Wright, seconded by Champion, that ORD. 10-4388, 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 passed and adopted. The following individuals appeared: Mark Brown; University Professor Blake Whitten, 402 - 6th St (C); University of Iowa President Sally Mason, 102 Church St.; University Vice-President of Student Services Tom Rocklin, 2 Forest Glen; Jarien Stutts, 627 Orchard Ct.; Dave Wandolowski, 412 S. Dodge St.; President of Students for Sensible Drug Policy Marni Steadham, 100 Mayflower Hall; Sarah Hansen, 711 Kimball Rd.; Christine Buzard. Individual Council Members expressed their views. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote: Ayes: Champion, Dickens, Hayek, Mims, Wilburn, Wright. Nays: Bailey, Absent: None. Moved by Wilburn, seconded by Wright, to accept correspondence from Tom Waters, Jon Shelness, Rich and Barb Parker, Jim Walters, Graham Morris, Stephanie Zock, Ronald Complete Description April 6, 2010 Page 5 Heath, John McMahon, Daniel Bissell. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously announced vacancies: 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; Airport Commission to fill an unexpired term, effective upon appointment, ending March 1, 2012; Library, Board of Trustees to fill an unexpired term, effective upon appointment, ending June 30, 2013; Police Citizens Review Board to fill an unexpired term, effective July 1, 2010, ending September 1, 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. Moved by Wright, seconded by Mims, to appoint Jerry Gao, 29 Coll Court, to the Youth Advisory Commission for an At-Large unexpired term effective upon appointment, ending December 31, 2011. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted that no applications had been 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, to fill afive-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional, Youth Advisory Commission to fill atwo-year term for Tate High, January 1, 2009 -December 31, 2010; Youth Advisory Commission to fill atwo-year term for Regina High, January 1, 2010 -December 31, 2011. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council Member Bailey requested that Council schedule time at an upcoming work session for a discussion on the request for Sunday bus services; and requested some numbers from staff. Majority agreed to schedule. Acting Asst. City Manager and Public Works Dir. Fosse noted a collaborative grant awarded to the Library and the Public Works Department from the ICMA and Gates Foundation and stated a representative of the Foundation would be in Iowa City April 22 & 23 (around Earth Day) and would like an opportunity to meet individually with Council Members and stated staff would be following up with Council on scheduling. City Atty. Dilkes corrected a statement to made at the work session the previous evening by stating the maximum fine for a Disorderly House was $625 but the fine is still within the judge's discretion. Moved by Wilburn, seconded by Mims, to adjourn meeting 8:38 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Matthew J. Mayor Maria .Karr, City Clerk r 3a 1 ~`~®~,~ CITY OF [OV~lA CITY ~'~ '~ ~~ R A N D U~ ~~~o Date: March 22, 2010 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, March 22, 2010, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright UISG Rep: Shipley Staff: Helling, Fosse, Dilkes, Karr, Davidson, Severson, Boothroy, Morris, Hargadine, Laverman, Yapp (A complete transcription is available in the City Clerk's Office and the City website) AGENDA ADDITIONS Council agreed to add the setting of a public hearing for the Iowa Department of Transportation Consolidated funding application for Iowa City Transit to the Consent Calendar and announce vacancies on the Police Citizens Review Board and Library Board of Trustees. COUNCIL APPOINTMENTS JCCOG Cool Cities Taskforce -reappoint Tom Carsner AGENDA ITEMS 1. (Agenda item # 6 -Resolution ... Moss Green Urban Village Urban Renewal Plan for a proposed urban renewal area ...) Council Member Mims noted the statement at the end of the agenda comments requesting a special meeting for the public hearing on April 16. PCD Dir. Davidson present for discussion. Majority requested that the applicant provide an explanation for the request at the formal meeting prior to action the next evening. 2. (Agenda item # 13 -declaring the City's intent ... 2010 Sidewalk Infill Project) In response to Council Member Mims, City Atty. Dilkes stated that all property owners had received a notice. "21" BAR ENTRY ORDINANCE (agenda # 21 and IP 3 of 3/18 Info Packet] Majority agreed to informing speakers to limit their comments to three minutes, and close discussion after 90 minutes. It was also agreed that if the ordinance received first consideration at the meeting a special meeting would be held at 8PM on Monday, March 29 for second consideration, and final passage scheduled for the regular formal meeting on April 6. Council Work Session March 22, 2010 Page 2 DOWNTOWN ISSUES [agenda #3g(18 and IP 4 of 3/11 Info Packet] City Atty. Dilkes, PCD Dir. Davidson, and Police Chief Hargadine presented information and facilitated discussion. City Atty. Dilkes distributed two maps (archived): • Nonsmoking Places in City Plaza August 2008 • Downtown After discussion Council directed staff to: - Proceed with amendments to Aggressive Solicitation Ordinance to modify distance provisions in the ordinance and prohibit obscene, profane or abusive signs - Not to pursue licensing for solicitors at this time - Expand current smoke free ordinance to provide the Pedestrian Plaza be smoke free 24 hours; and within 10 feet of sidewalk cafes in the rest of downtown - Proceed with Parking Meter Donation Program and provide additional information on education program, administration of the program, and language encouraging participation - Install additional signage in the Pedestrian Plaza regarding smoking, littering and panhandling STAFF ACTION: Prepare information for Council discussion and Action April 26 and April 27 (Dilkes and Davidson) NUISANCE ENFORCEMENT (IP#2 of 3/181nfo Packet] Housing & Inspection Services Dir. Boothroy and Senior Housing Inspector Laverman present for discussion. After discussion of the recommendations contained in the memo a majority directed staff to proceed, and have something in place prior to the beginning of the next school year. STAFF ACTION: Proceed as outlined (Boothroy) ECICOG FUNDING PROPOSAL BY COUNCIL (IP 3 of 3/18 Info Packet) Council Member Mims noted that most jurisdictions have already adopted a budget for fiscal year 2011, and suggested that the City position of future funding be as follows: Continue same approved funding in FY 11 Reduce by 50% Iowa City funding in FY 12 Eliminate Iowa City funding in FY 13 A majority of Council supported the proposal, and Ms. Mims will present to Committee reviewing the method of funding for ECICOG. PCD Dir. Davidson present for discussion. Council Work Session March 22, 2010 Page 3 SELECT CITY MANAGER SEARCH FIRMS TO INTERVIEW City Clerk Karr distributed a memo "City Manager Executive Search Firms Rankings". A majority directed staff to contract the following four firms for interviews: The Brimeyer Group, Inc The Mercer Group Inc. Slavin Management Consultants, Inc. Colin Baenziger Associates Interviews will be scheduled every hour starting at BAM, on Friday, April 9. STAFF ACTION: Emails and letters sent to firms confirming interviews. (Karr) INFORMATION PACKET DISCUSSION [March 11 & 18] o Information Packet of 3/11 Council Member Hayek thanked Mayor Pro tem Wilburn on the Metropolitan Coalition Legislative Update (IP 2). o Information Packet of 3/18 1. (IP 10 -Flood related activities) In response to Council Member Mims, Acting Asst. City Manager Fosse stated staff was following up on issues related to FEMA funding for river crossings /water main crossing projects. 2. (IP 6 -Anew book. A Watershed Year) Council Member Mims thanked Acting Asst. City Manager Fosse for the information on the book. 3. (IP 5 -Scheduling opportunities) Council volunteered to the following radio show assignments: March 24 -Mayor Hayek March 31-Council Member Mims April 7 -Council Member Champion April 14 - UISG Rep. Shipley April 21 -open April 28 -Wright Council Members could not attend the May 26 joint meeting suggested by North Liberty and directed staff to pursue another date. COUNCIL TIME 1. Council Member Wright referenced earlier discussion that evening with HIS staff, and the problems with litter and dumpsters in the neighborhoods. Staff will prepare a memo summarizing the regulations for screening and enclosures for scheduling for a future work session. Council Work Session March 22, 2010 Page 4 2. In response to Council Member Wright, Acting Asst. City Manager Fosse responded to street sweeping efforts. Council suggested additional information be provided in a press release. Council Member Dickens suggested similar information be provided for flushing of water hydrants. BUDGET PRIORITIES None UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS Council Member Dickens noted the Shelter House fundraiser scheduled for March 27 and March 28. Mayor Pro tem Wilburn noted a children's cancer blood fundraiser at the Marriott on March 27. SUMMARY OF PENDING WORK SESSION ISSUES [IP#4 of 3/18 info packet] Mayor Hayek noted the April 5 work session was getting full. Majority agreed to move "brick streets repair /funding strategy" and "alley inventory" to Fall of 2010 on the list. DISCUSSION OF MEETING SCHEDULES None Meeting adjourned 9:25 PM. 3a 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 - 3/23/10 Iowa City City Council special meeting, Council Members present: Bailey, Champion, Absent: None. 7:00 p.m. at City Hall. Mayor Hayek presiding. Dickens, Hayek, Mims, Wilburn, Wright. 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 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: 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 Gabes, 330 E. Washington St.; Outdoor Service Area for Gabes, 330 E. Washington St. Renewal: Class B Liquor License for Sheraton Iowa City, 210 S. Dubuque St.; Outdoor Service Area for Sheraton Iowa City, 210 S. Dubuque St.; Class C Liquor License for Okoboji Grill, 1857 Lower Muscatine Rd.; Outdoor Service Area for Okoboji Grill, 1857 Lower Muscatine Rd.; Special Class C Liquor License for Thai Spice Restaurant, 1210 S. Gilbert St. #200; Class C Liquor License for EI Dorado Mexican Restaurant, 1634 Sycamore St.; Class C Liquor License for Chef's Table, 223 E. Washington St.; Class C Liquor License for B.P.O. Elks #590, 637 Foster Rd.; Class C Liquor License for Graze, 115 E. College St.; RES. 10-75, TO ISSUE DANCE PERMITS to Sheraton Iowa City, 210 S. Dubuque St. and Gabes, 330 E. Washington St.; RES. 10-76, TO ISSUE CIGARETTE PERMIT to North Dodge, Inc., dba North Dodge Sinclair, 2153 ACT Circle. Official Actions March 23, 2010 Page 2 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, 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, Official Actions March 23, 2010 Page 3 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 MARC 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; JCCOG 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. The Mayor declared the motion carried. Libris Fidelis, PO Box 2164, appeared re the Sheraton Hotel public access walkway; and the ribbon cutting ceremony for Fire Station # 2. Official Actions March 23, 2010 Page 4 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- 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 declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted. Moved and seconded to adopt RES. 10-93, DETERMINING THE NECESSITY AND SETTING DATES OF A CONSULTATION 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. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. A public hearing was held on a resolution adopting the Annual Budget for the Fiscal Year ending June 30, 2011. Moved and seconded to adopt RES. 10-95, ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2011. 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. Moved and seconded 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. 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. Moved and seconded 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 Official Actions March 23, 2010 Page 5 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 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. Moved and seconded 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. 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. Moved and seconded 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. 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. Moved and seconded 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. 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 second vote. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Cassie Bott. The Mayor declared the motion carried. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to adopt RES. 10-101, AUTHORIZING AND DESIGNATING THE CITY PUBLIC WORKS DIRECTOR OR DESIGNEE TO SUBMIT THE CITY OF IOWA Official Actions March 23, 2010 Page 6 CITY'S APPLICATION FOR ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FUNDS TO CONSTRUCT A LANDFILL GAS PIPELINE. Moved and seconded 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 ANALYST. Moved and seconded 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. Moved and seconded 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. Moved and seconded to adopt RES. 10-105, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF IOWA CITY FIRE STATION NO.4 PROJECT. Moved and seconded 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 and seconded 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, Mona Peterschmidt for Victoria Sharp, Lane Plugge, Chuck Green, Amy A'Hearn, Eric Sundermann, Morgan Olsen, Cheryl Bates for Tom Rocklin, Official Actions March 23, 2010 Page 7 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. The Mayor declared the motion carried on first consideration of the ordinance 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 and seconded 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 and seconded 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. Moved and seconded to adjourn meeting 9:20 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 Cler ~' ~ Submi~ed for publication - 3/31/10. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost of this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 3/29/10 Iowa City City Council special meeting, 8:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Moved and seconded 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 second vote. The following individuals appeared: Victoria Sharp, President of the Johnson County Medical Society; University of Iowa Executive Vice President and Provost Wallace Loh; Doug Beardsley, Director of the Johnson County Public Health Department; David Dellsperger, 351 Willow Wind PI.; Kelly Vanderwerff, Substance Abuse Prevention Manager at MECCA Services; Marty Maynes, owner of Union Bar; Dan Tallon; Sameer Khan; Andre Perry, Buyer for the Mill Restaurant and founder of the Mission Creek Festival; Brett Thomas, owner of Studio 13; Jennavie Reyes, City High School Student & Teens Against Alcohol and Drugs member. Moved and seconded to accept correspondence from John Chiakulas, Garrett Harker, Dennis Kowalski, Cindy Roberts, Beau Van Gelder, John Thomas, Ana Diaz-Arnold, Mark Arnold, David Dellsperger, Risa Dotson Eicke, and Doug Beardsley. The Mayor declared the motion carried. The Mayor declared the motion carried on second consideration. Moved and seconded to adjourn meeting 8:50 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Matthew J. Hayek, Mayor s/Marian K. Karr, City Clerk ~1,,,, .~ Submitted for publication - 4/1/10. 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 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 Chef's 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 MARC 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 CAF1=; 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; JCCOG 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 HERETO 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 Aprit 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. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk * REVISED 4/5/10 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 29, 2010 Iowa City City Council special meeting, 8:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Staff members present: Helling, Dilkes, Karr, Fosse, Hart. 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 second vote. The following individuals appeared: Victoria Sharp, President of the Johnson County Medical Society; University of Iowa Executive Vice President and Provost Wallace Loh; Doug Beardsley, Director of the Johnson County Public Health Department; David Dellsperger, 351 Willow Wind PI.; Kelly Vanderwerff, Substance Abuse Prevention Manager at MECCA Services; Marty Maynes, owner of Union Bar; Dan Tallon; Sameer Khan; Andre Perry, Buyer for the Mill Restaurant and founder of the Mission Creek Festival; Brett Thomas, owner of Studio 13; Jennavie Reyes, City High School Student & Teens Against Alcohol and Drugs member. Moved by Wilburn, seconded by Mims, to accept correspondence from John Chiakulas, Garrett Harker, Dennis Kowalski, Cindy Roberts, Beau Van Gelder, John Thomas, Ana Diaz- Arnold, Mark Arnold, David Dellsperger, Risa Dotson Eicke, and Doug Beardsley. 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 second consideration, 6/1, with the following division of roll call vote. Ayes: *Wright, Champion, Dickens, Hayek, Mims, Wilburn. Nays: Bailey. Absent: None. Moved by Wright, seconded by Wilburn, to adjourn meeting 8:50 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5Q40. COf~LETE DESCRIPTION OF COUNCIL ACTIVITIES \\ MARCH 29, 2010 Iowa City City Cou it special meeting, 8:00 p.m. City Hall. Mayor Hayek presiding. Council Member resent: Bailey, Champion Dickens, Hayek, Mims, Wilburn, Wright. Absent: Non .Staff members prese : Helling, Dilkes, Karr, Fosse, Hart. Moved by Wright, seconde entitled "Alcoholic Beverages", Cha Section 8 entitled "Persons under 1 establishments" of the City Code to (currently twenty-one (21) years of age) with liquor control licenses or wine or bee closing, be given second vote. The follov~ President of the Johnson County Medic President and Provost Wallace Loh; D c Public Health Departure Substance Abuse Prev Union Bar; Dan Tallon; founder of the Mission Reyes, City High Schoo by Wilburn, seconded b Harker, Dennis Kowals Arnold, Mark Arnold, Da Mayor declared the mot Individual Council Mem carried on second consi Wright, Champion, Dic Moved by Wrig t Mayor declared the of present. Matthew J. Hayek, Mayor nt; David Dell perger, 3 Willow Wind ention Mana rat MECCA ervices; Ma Sameer Kh n; Andre Perry, uyer for th Creek Fes val; Brett Thomas, caner of I Stude & Teens Against Alc of and y Mims to accept corresponden a from ki, Cin y Roberts, Beau Van Geld r, Joh vid ellsperger, Risa Dotson Eick an ion carried unanimously, 7/0, all Co cil b s expressed their views. The May eration, 6/1, with the following divisio ns, Hayek, Mims, Wilburn. Nays: Wrig seconded by Wilburn, to adjourn meeti ion carried unanimously, 7/0, all Council by Champion, ter 5, entitle 9 ears of a pro ibit pe d Prohibitions and Restrictions", ons who are under the "legal age" Studio 13; Jennavie d Doug Beardsley. The declared the motion t at the ordinance amending Title 4, in licensed or permitted rsntering or remaining in establishments ~mits between the hours of 10:00 p.m. and individuals appeared: Victoria Sharp, :' ty; University of Iowa Executive Vice a sley, Director of the Johnson County PI.; Kelly Vanderwerff, rty Maynes, owner of e Mill Restaurant and Drugs member. Moved John Chiakulas, Garrett n Thomas, Ana Diaz- Members present. of roll call vote. Ayes: t. Absent: None. n 8:50 p.m. The Marian K. Kar ,City Clerk