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HomeMy WebLinkAbout2010-05-10 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 MAY 10, 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, Davidson, Hennes, Ford, Craig, Long, Boelk, Scott, Hightshoe, Havel. The Mayor proclaimed: Pride Month -June 2010; and Bike Month -May 2010. Joan Benson and Kirsten Plowman, Pride Committee representatives from Connections Organization accepted the Pride Proclamation. Mayor Pro tem Wilburn accepted the Bike Month proclamation. Moved by Mims, seconded by Wright, 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: April 26, Special Council Work Session; April 27, Special Council Formal Official and Complete; and May 3, Special Council Formal Official and Complete. Receive and Fite Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Human Rights Commission: March 16, 2010; Public Art Advisory Committee: March 4, 2010; Board of Appeals: November 2, 2009; Permit Motions and Resolutions as Recommended by the City Clerk. New: Temporary Five-Day Class B Beer Permit for Summer of the Arts, Inc., dba Summer of the Arts, 215 Iowa Avenue. (Arts Fest: June 4, 2010 -June 6, 2010); Temporary Five-Day Class B Beer Permit for Summer of the Arts, Inc., dba Summer of the Arts, N. Clinton Street, East of McBride Hall. (Jazz Fest: July 2, 2010 -July 4, 2010); Class C Beer Permit for ND Express, Inc., dba North Dodge Sinclair, 2153 ACT Circle.; Renewal: Special Class C Liquor License for Riverside Theatre, dba Riverside Theatre 213 N. Gilbert St.; Transfer of Special Class C Liquor License for Riverside Theatre, dba Riverside Theatre 213 N. Gilbert St. (Shakespeare Festival Stage /City Park June 10 -July 11); Class C Liquor License for Jirsa's, LLC, dba Rick's Grille & Spirits, 1705 S. First Ave. Public Hearings. RES. 10-247, SETTING A PUBLIC HEARING ON JUNE 1, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2010 SIDEWALK INFILL 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. 10-248, SETTING A PUBLIC HEARING ON JUNE 1, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY 2011 ASPHALT RESURFACING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Complete Description May 10, 2010 Page 2 Resolutions: RES. 10-249, ACCEPTING THE WORK FOR THE 2009 SUMMER SIDEWALK REPAIR PROJECT; RES. 10-250, ACCEPTING THE WORK FOR THE STORM SEWER, TILE LINES, WATER MAIN, SANITARY SEWER, LIFT STATION, FORCE MAIN AND PAVING PUBLIC IMPROVEMENTS FOR COUNTRY CLUB ESTATES THIRD ADDITION, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES 10-251, 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 IOWA AVENUE PROPERTY LLC, AND TENANT 808 RESTAURANT & NIGHTCLUB, INC. D/B/A 808 RESTAURANT & NIGHTCLUB, FOR A SIDEWALK CAFE; RES. 10-252, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK OF IOWA CITY, IOWA, FOR PROPERTY LOCATED AT 2073 SHERMAN DRIVE, IOWA CITY, IOWA; RES. 10-253, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A PROMISSORY NOTE AND A MORTGAGE AGREEMENT FOR THE PROPERTY LOCATED AT 410 IOWA AVENUE, IOWA CITY, IOWA; RES. 10-254, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2445 WHISPERING PRAIRIE AVENUE, IOWA CITY, IOWA; RES. 10-255, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2007 I STREET, IOWA CITY, IOWA; RES. 10-256, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH RIVERSIDE THEATRE THAT ALLOWS THE SALE OF WINE AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK FROM JUNE 10, 2010 THROUGH JULY 11, 2010. Correspondence: Alcohol letters from Kristin Dwyer, Brian Flanagan, Greg Mittelman, Jon Shelness; Sheila Knoploh-Odole regarding Bike lane on Jefferson [staff response included]; Shannon O'Reilly regarding Boycott Arizona; Cliff Pirnat (X2) regarding N. Riverside Drive [staff response included]; Proposal to charge fees to Iowa City Boys Baseball and Kickers letters from Nick Jackson, Mary Murphy; Greg Rockow regarding Interest in land acquisition; Redistricting letters from Jerry Arganbright, Sarah Swisher, Lynnette Ammar, Emily Farber, Jone Johnson, Mary Murphy [response from Tyet Dorau included], John Macatee, Julie Eisele; Charlotte Walker regarding Civil Rights Case; Olde Towne Village letters from Russell Haught, Lauren and John Naeve, Sara Taulbee. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Mike Porter, and Tom Lenoch, 363 Willowwind Place, distributed copies of the City's Human Rights Ordinance and stated that the 21 bar entry ordinance going into effect June 1 was a violation of the ordinance because it discriminated based on age. Moved by Champion, seconded by Mims, to accept correspondence from Porter and Lenoch. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Jeanette Complete Description May 10, 2010 Page 3 Pilak, UNESCO Director, thanked Iowa City for their support for the UNESCO City of Literature Project and outlined upcoming activities. Airport Commission Member Greg Farris invited everyone to attend the Airport Open House on May 22. Moved by Champion, seconded by Mims, to re-set a public hearing for June 1 on a resolution annexing approximately 2.37-acres of land located at 4265 Oak Crest Hill Road SE. (ANN10-00001 Johnson County Extension). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Wright, to re-set a public hearing for June 1 on an ordinance rezoning approximately 1.66 -acres of land located at 4265 Oak Crest Hill Road SE from County Agricultural (A) to Institutional Public (P2) (REZ10-00002 Johnson County Extension). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance conditionally rezoning approximately 60.32 acres of land from Interim Development-Research Park (ID-RP), to Overlay Planned Development -Office Research Park (OPD-ORP); and approximately 56.48 acres of land from Interim Development-Research Park (ID-RP) to Overlay Planned Development- Research Development Park (OPD-RDP); and approximately 24.49 acres of land from Interim Development-Research Park (ID-RP) to Overlay Planned Development-Mixed Use (OPD-MU) for property located northwest of the interchange of State Highway 1 with Interstate 80 (REZ10-00004 Moss Green). The Mayor asked Council Members to disclose any ex parte communications, and Council Member Bailey reported. PCD Dir. Davidson present for discussion. The following individuals appeared: Wally Pelds presented a power point representing ECO 4 Partners, Pelds Engineering, Steve Moss, David Moss, Moss Family Farms, Moss Green Urban Village Development; and Libris Fidelis. Moved by Bailey, seconded by Mims, that the ordinance conditionally rezoning approximately 60.32 acres of land from Interim Development-Research Park (ID-RP), to Overlay Planned Development -Office Research Park (OPD-ORP); and approximately 56.48 acres of land from Interim Development-Research Park (ID-RP) to Overlay Planned Development-Research Development Park (OPD-RDP); and approximately 24.49 acres of land from Interim Development-Research Park (ID-RP) to Overlay Planned Development- Mixed Use (OPD-MU) for property located northwest of the interchange of State Highway 1 with Interstate 80 (REZ10-00004 Moss Green), be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on a resolution amending the FY2010 Operating Budget. Finance Director O'Malley present for discussion. Moved by Mims, seconded by Wilburn, to adopt RES. 10-257, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2010. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Dickens, to adopt RES. 10-258, AMENDING THE BUDGETED POSITIONS IN THE FINANCE ADMINISTRATION DIVISION OF THE FINANCE DEPARTMENT BY INCREASING ONE ADMINISTRATIVE SECRETARY POSITION FROM .63FTE TO 1.OFTE AND DECREASING ONE MANAGEMENT ANALYST POSITION FROM 1.OFTE TO .SFTE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description May 10, 2010 Page 4 A public hearing was held on a resolution authorizing conveyance of a single family home located at 1516 Sheridan Avenue. No one appeared. Moved by Wilburn, seconded by Mims, to adopt RES. 10-259, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1516 SHERIDAN AVENUE. 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 a purchase agreement between the City of Iowa City and Van Meter Industrial, Inc. for Lot 10 of the North Airport Development Subdivision Part Two and authorizing conveyance in accordance therewith. No one appeared. Moved by Bailey, seconded by Wilburn, to adopt RES. 10-260, APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND VAN METER INDUSTRIAL, INC. FOR LOT 10 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION PART TWO AND AUTHORIZING CONVEYANCE IN ACCORDANCE THEREWITH. 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 Landfill FY09 Stage 1 Cell Construction Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by Wright, seconded by Mims, to adopt RES. 10-261, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LANDFILL FY09 STAGE 1 CELL CONSTRUCTION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, 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 Sandusky Storm Sewer 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 Dickens, to adopt RES. 10-262, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SANDUSKY STORM SEWER 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 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 Senior Center Building Envelope Roof Repairs and Membrane 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. Complete Description May 10, 2010 Page 5 Moved by Mims, seconded by Wright, to adopt RES. 10-263, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SENIOR CENTER BUILDING ENVELOPE ROOF REPAIRS AND MEMBRANE 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 adopting Iowa City's FY11 Annual Action Plan which is a sub-part of Iowa City's 2011-2015 Consolidated Plan (City Steps) and FY08, FY09, FY10 Annual Action Plan Amendments, which are sub-parts of Iowa City's 2006-2010 Consolidated Plan (City Steps), and authorizing the city manager to submit said plan and amendments and all necessary certifications to the U.S. Department of Housing and Urban Development, and designating the city manager as the authorized chief executive officer. CD Coordinator Long presented a power point and present for discussion. Moved by Bailey, seconded by Wilburn, to adopt RES. 10-264, ADOPTING IOWA CITY'S FY11 ANNUAL ACTION PLAN WHICH IS A SUB-PART OF IOWA CITY'S 2011- 2015 CONSOLIDATED PLAN (CITY STEPS) AND FY08, FY09, FY10 ANNUAL ACTION PLAN AMENDMENTS, WHICH ARE SUB-PARTS OF IOWA CITY'S 2006-2010 CONSOLIDATED PLAN (CITY STEPS), AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND AMENDMENTS AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER. Maryann Dennis, Housing Fellowship, appeared. Individual Council Members expressed their views, and thanked the HCDC for the time and effort spend in preparing the recommendations. CD Coordinator Long and CD Planner Hightshoe present for discussion. Moved by Dickens, seconded by Wright to amend Exhibit A to increase (under Housing Projects) the IC Housing Rehabilitation -Owner Occupied Budget line by $70,000 to $282,024. The Mayor declared the motion to amend carried, 7/0, all Council Member present. Moved by Bailey, seconded by Wilburn, to amend Exhibit A to add $40,000 (under Public Facility Projects) the Extend the Dream Foundation -Facility Rehab. The Mayor declared the motion to amend carried, 7/0, all Council Member present. Moved by Champion, seconded by Wilburn, to amend Exhibit A by removing (under Housing Projects) funding for the Isis Investment LLC -Rental of $208,000. Individual Council Members expressed their views. The Mayor declared the motion to amend carried, 5/2, with the following division of voice vote: Ayes: Champion, Dickens, Hayek, Mims, Wilburn. Nays: Bailey, Wright. Absent: None. The Mayor declared the amended resolution adopted increasing IC Housing Rehabilitation -Owner Occupied; adding Extend the Dream Foundation -Facility Rehab.; and removing Isis Investment LLC -Rental. Moved by Bailey, seconded by Wilburn, to amend the resolution by adding back to Exhibit A (under Housing Projects) funding for the Isis Investment LLC -Rental of $208,000. The Mayor declared the motion to amend the resolution carried, 6/1, with the following division of voice vote: Ayes: Bailey, Dickens, Hayek, Mims, Wilburn, Wright. Nays: Champion. Absent: None. Council Member Champion left the meeting due to illness. Complete Description May 10, 2010 Page 6 A public hearing was held on a resolution adopting Iowa City's Citizen Participation Plan and authorizing the city manager to submit said plan and all necessary certifications to the U.S. department of Housing and Urban Development, and designating the city manager as the authorized chief executive officer. No one appeared. Moved by Wright, seconded by Wilburn, to adopt RES. 10-265, ADOPTING IOWA CITY'S CITIZEN PARTICIPATION PLAN AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the resolution adopted. Moved by Wright, seconded by Dickens, to adopt RES. 10-266, ESTABLISHING FUNDS FOR THE HOUSING REHABILITATION PROGRAM, ECONOMIC DEVELOPMENT ACTIVITIES, AND AID-TO-AGENCIES THROUGH THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDS. CD Coordinator Long present for discussion. Moved by Bailey, seconded by Wright that Aid to Agencies be removed from the resolution and provide for HCDC recommendations in the future. Individual Council Members expressed their views. After discussion motion to amend withdrawn and a majority of Council requested that the discussion of HCDC providing recommendation for the Aid to Agencies funding starting in FY12 be scheduled for an upcoming work session. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Mims, that the ordinance consider an ordinance amending Title 17 of the City Code, entitled "Building and Housing," Chapter 1, entitled, "Building Code," Section 3, entitled "Amendments to Code," to change the effective date of Section 313.1 of the International Residential Code, be given first consideration. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the motion carried. Moved by Wilburn, seconded by Bailey, that the ordinance providing that general property taxes levied and collected each year on all property located within the Moss Green Urban Village Urban Renewal Area, in the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, rebates, grants, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with said urban renewal redevelopment project, be given second vote. The following individuals appeared: Garry Klein, 628 - 2"d Ave.; Wally Pelds, ECO 4 Partners and Pelds Engineering; Tom Fiegen. 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 Wilburn, seconded by Wright, to accept correspondence from Jared Vincent, ECO 4 Partners. The Mayor declared the motion carried, 6/0, Champion absent. Moved by Bailey, seconded by Wright, that the ordinance amending Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," Section 2, entitled "Aggressive Panhandling," to prohibit soliciting for money in limited areas in the downtown, be given second vote. The following individuals appeared: Garry Klein, 628 - 2nd Ave.; Libris Fidelis, Capitol House Apts.; Davis Smithers, Wellman; Sarah Clark, 509 Brown St.; Darcy Bennett, Ex. Dir. of Dance Marathon; and Tom Fiegen. Individual Council Complete Description May 10, 2010 Page 7 Members expressed their views.. The Mayor declared the motion carried, 4/1/1, with the following division of roll call vote: Ayes: Bailey, Hayek, Mims, Wilburn. Nays: Wright. Abstaining: Dickens. Absent: Champion. Moved by Wilburn, seconded by Mims, to accept correspondence from: Garry Klein; and Libris Fidelis. The Mayor declared the motion carried, 6/0, Champion absent. Moved by Wilburn, seconded by Mims, that the ordinance amending Title 6, entitled "Public Health and Safety," Chapter 10, entitled "Smoke Free Places," to prohibit smoking throughout City Plaza and near sidewalk cafes and to make the smoking prohibition at the farmers market consistent with the expansion in hours and location, be given second vote. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the motion carried. Moved by Bailey, seconded by Wright, 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. 10-4389, AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS," SUB-SECTION B, ENTITLED "EXCEPTIONS," be voted on for final passage at this time. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the motion carried. Moved by Bailey, seconded by Wilburn, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the ordinance adopted. Moved by Wright, seconded by Wilburn, that ORD. 10-4390, 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 passed and adopted. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the ordinance adopted. Moved by Bailey, seconded by Wilburn, to adopt RES. 10-267, AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610, TO BE EFFECTIVE JULY 1, 2010 THROUGH JUNE 30, 2013. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the resolution adopted. Moved by Mims, seconded by Wilburn, to adopt RES. 10-268, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL #183, AFL-CIO, TO BE EFFECTIVE JULY 1, 2010 THROUGH JUNE 30, 2012. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Wright, to adopt RES. 10-269, RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 2010 THROUGH JUNE 30, 2011. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the resolution adopted. Complete Description May 10, 2010 Page 8 Moved by Mims, seconded by Bailey, to adopt RES. 10-270, ESTABLISHING CLASSIFICATION/COMPENSATION PLANS FOR CONFIDENTIAVADMINISTRATIVE EMPLOYEES AND EXECUTIVE EMPLOYEES FOR FY11 AND FY12. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the resolution adopted. Moved by Wright seconded by Mims, to adopt RES. 10-271, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH SUMMER OF THE ARTS, INC. TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION AND POSSESSION OF BEER DURING ARTS FEST AND JAZZ FEST WITHIN A SPECIFIED AREA ON A CITY STREET. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Wright, to accept correspondence from Donald G. Thompson. The Mayor declared the motion carried unanimously, 6/0, Champion absent. Moved by Wilburn, seconded by Wright, to adopt RES. 10-272, AWARDING CONTRACT to Carter & Associates Coralville, for $304,760.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2010 MUSCATINE AVENUE WATER MAIN REPLACEMENT PROJECT. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Mims, to adopt RES. 10-273, AWARDING CONTRACT to Streb Construction Co. for $2,100,697.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SYCAMORE STREET FROM LANGENBERG AVENUE TO U.S. HIGHWAY 6 IMPROVEMENTS PROJECT. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Mims, to adopt RES. 10-274, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND STANLEY CONSULTANTS, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE WASTEWATER TREATMENT FACILITIES CONSOLIDATION PROJECT. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancy to Historic Preservation Commission for an At-Large position, for unexpired term, effective upon appointment, ending March 29, 2011. Applications must be received by 5:00 p.m., Wednesday, June 9, 2010. The Mayor noted the current vacancy on Senior Center Commission for an unexpired term, effective upon appointment, ending December 31, 2011. Applications must be received by 5:00 p.m., Wednesday, June 9, 2010. Moved by Bailey, seconded by Wright, to accept correspondence from Charlotte Walker; Jay Honohan. The Mayor declared the motion carried unanimously, 6/0, Champion absent. Moved by Mims, seconded by Wilburn, to appoint Jose Assouline, 814 Camp Cardinal Road, to the Airport Commission for an unexpired term, effective upon appointment, ending March 1, 2012; appoint Holly Carver, 2301 E. Washington St., to the Library Board of Trustees for an unexpired term, effective upon appointment, ending June 30, 2013; appoint Peter Jochimsen, 1010 Woodlawn, to the Police Citizen Review Board for an unexpired term, effective July 1, 2010, ending September 1, 2013; and appoint Matt Lincoln, 715 Caroline Ave., to the Youth Advisory Commission, for atwo-year term January 1, 2010 -December Complete Description May 10, 2010 Page 9 31, 2011 for Regina representative. The Mayor declared the motion carried unanimously, 6/0, Champion absent. The Mayor noted no applications were received for the following Boards and Commissions and all will be readvertised: Airport Zoning Brd of Adjustment -One vacancy to fill an unexpired term, effective upon appointment, plus afive-year term January 1, 2007 - December 31, 2011; Airport Zoning Brd of Adjustment -One vacancy to fill afive-year term January 1, 2009 -December 31, 2013; Airport Zoning Commission -One vacancy to fill a six-year term January 1, 2006 -December 31, 2011; Airport Zoning Commission -One vacancy to fill asix-year term January 1, 2010 -December 31, 2015; Appeals, Board of - One vacancy to fill afive-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Youth Advisory Commission -One vacancy to fill atwo-year term January 1, 2009 -December 31, 2010, One (1) person -Tate High. 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 Wright reminded the public of the Historic Preservation Commission tour of historic homes on May 16. Mayor Pro tem Wilburn noted the annual bike, bus, car race coming up for Bike to Work week, and stated Members would be discussing participation. Council Member Bailey thanked everyone who participated in the 319 Festival in Wetherby Park. Moved by Bailey, seconded by Wilburn, to adjourn meeting 9:45 p.m. The Mayor declared the motion carried unanimously, 6/0, Champion absent. ~~~~- 2~, Matthew J. Hayek, Mayor / ~1~~~~ ~ ~ ~S~z~ Marian K. Karr, City Clerk r 3a(1) ^~_,_,®,~~ CITY OF IOWA CITY ~~~oR Date: April 26, 2010 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, April 26, 2010, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright UISG: Shipley Staff: Helling, Fosse, Dilkes, Karr, Moran, Hightshoe, Morris, Davidson (A complete transcription is available in the City Clerk's Office and the City website) COUNCIL APPOINTMENTS Planning & Zoning Commission -reappoint Wally Plahutnik and Michelle Payne AGENDA ITEMS 1. (Agenda item # 26 -appointment of Student Liaison and alternate .... University of Iowa Government (UISG) ....) Outgoing Liaison Shipley noted the in past years outgoing members presented remarks and questioned the appropriate time for his remarks at the formal meeting. Mayor Hayek reference item # 26. 2. (Consent Calendar item # 5g(11) ... Gerald Sorokin and Jeffrey Portman: Speaker sponsored by the Human Rights Commission) In response to Council Member Bailey, Mayor Hayek reported he had called Mr. Sorokin who indicated the item would be discussed at the May meeting of the Commission. Council Member Bailey suggested that the July discussion on gender balances on City Boards and Commissions be expanded to include function and policies of City Boards and Commissions. Majority agreed to amend the item on the pending list. PARKS 8~ RECREATION AFFILIATE FEES (Agenda #15] Parks & Recreation Dir. Moran present for discussion. After discussion a majority agreed to proceed as outlined. DOWNTOWN SOLICITINGISMOKING REGULATIONS Agenda #11 & #12] City Atty. Dilkes, PCD Dir. Davidson, and Interim City Manager Helling provided information. After discussion a majority agreed to proceed as outlined but did direct staff to add 2 new additional agencies (Crisis Center and Freed Medical Clinic) to the current 4 Human Services agencies on the parking meter donation program education piece. Council Work Session April 27, 2010 Page 2 Staff Action: Update the Human Services agencies listing on the education piece (Davidson). REALLOCATION OF $220,000 CDBG/HOME FUNDS (Agenda 5g(9) & IP2 of 4/22 Info Packet) Community Development Planner Hightshoe and PCD Dir. Davidson present for discussion. A majority agreed to proceed as outlined, and schedule further discussion of affordable housing at the June 14~h work session. Staff Action: Schedule discussion for June 14 work session. (Hightshoe) SUMMARY OF PENDING WORK SESSION ISSUES (IP4J Add "Affordable Housing" to June 14 work session (with maps) EXCEPTIONS TO "LEGAL AGE" REQUIREMENTS (Agenda #5g(10) &IP3 of 4/22 Info Packet] City Atty. Dilkes and City Clerk Karr present for discussion. After discussion Council directed staff to prepare a letter to all establishments asking them to propose any suggestions to the existing exceptions in writing to the City Council. STAFF ACTION: City Attorney to prepare letter for Mayor's signature. (Dilkes) ALCOHOL AS GAMING DEVICE PRIZES (IP3 of 4/22 Info Packet] City Atty. Dilkes and City Clerk Karr present for discussion. After discussion a majority of Council was not interested in making ay changes to the present ordinance. STAFF ACTION: None CITY MANAGER SEARCH (Agenda #25J After discussion Council agreed to meet individually with Mr. Slavin on June 3; and schedule a work session for 8AM on Friday, June 4 to discuss a possible timeline. STAFF ACTION: Schedule individual Council interview times. (Karr) INFORMATION PACKET DISCUSSION (April 8 & 22] April 8 Info Packet 1. (IP 5 -email from Recycling Coordinator re ICMA Grant (ECO Iowa City) Bailey and Wright reported that the meetings with the grant administrator went well and the administrator was impressed with City efforts. April 22 Info Packet 1. (IP8 - Northside Marketplace Streetscape Reconstruction) PCD Dir. Davidson present for discussion. After discussion a majority of Council favored parallel parking on both sides. Council Work Session April 27, 2010 Page 3 2. (IP9 - 2010-2011 Deer Management Recommendation) In response to Council Member Mims, a majority agreed to delaying any additional deer management activities until 2011-2012. 3. (IP6 -Cooperatives and property taxation) In response to questions City Atty. Dilkes clarified no action was required but the memo was to inform the Council. Council Member Bailey suggested copies of the information be provided to area legislators. COUNCIL TIME 1. Council Member Wright noted he was scheduled to do the KXIC radio show on Wednesday (5/28) and asked Council Members to contact him if they could serve as a substitute for him for the show. 2. Council Member Wright reported on the recent resignation of the Johnson County Communications Center (JECC) Executive Director, and that the JECC Board if meeting to discuss the next steps. Council Member Bailey noted the Board was committed to the facility opening July 1 on schedule. 3. UISG Liaison Shipley distributed copies and highlighted the "University of Iowa Student Government City Council Liaison Report -May 2009-2010"; and announced that Elliot Higgins will be introduced as the new liaison at the formal meeting. 4. Mayor Hayek commended Public Works staff for the information letter (IP10 of 4/8 Info Packet) that went to adjacent property owners regarding the Dubuque Street elevation project and the Park Road bridge replacement. BUDGET PRIORITIES None UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS 1. Mayor Pro tem Wilburn stated he had replied to the NAMI request for their walk. 2. Mayor Hayek will respond to the request for an event for Older Americans month. 3. Council agreed to the following schedule for KXIC radio show: May 5 -Council Member Champion May 12 -Council Member Dickens May 19 -Council Member Mims May 26 - TBD (staff) June 2 -Mayor Hayek June 9 -Council Member Wright DISCUSSION OF MEETING SCHEDULE None Meeting adjourned 8:50 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 - 4/27/10 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. The Mayor presented Outstanding Student Citizenship Awards to Longfellow Elementary students: Alma Apolonio, Evelyn Galstad, and Wakemia McCray. The Mayor proclaimed: Older Americans Month -May 2010, Mary Willie, Aging Specialist, Johnson County Livable Communities accepting; Arbor Day -April 30, 2010, Terry Robinson, Parks Forestry Superintendent accepting; Mental Health Month -May 2010 and Children's Mental Health Week - May 2-8, 2010. Nyle Jessen, NAMI of Johnson County accepting. A presentation of the Airport Commission - 5 Year Strategic Plan was presented by Airport Commission Chairperson Howard Horan. 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; April 5, Regular Council Work Session; April 6, Regular Council Formal Official and Complete; April 9, Special Council Work Session. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Senior Center Commission - February 18, 2010; Planning and Zoning Commission -March 18, 2010; Airport Commission -February 18, 2010; Youth Advisory Commission - March 8, 2010; Civil Service Commission -April 14, 2010; Housing and Community Development Commission -March 25, 2010; Planning and Zoning Commission -April 1, 2010; Police Citizens Review Board -March 9, 2010; Airport Commission -March 18, 2010. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for First Avenue Club, 1550 S. First Ave.; Renewal: Class C Liquor License for Vine Tavern & Eatery, 330 E. Prentiss St.; Class C Liquor License for Sams Pizza, 441 S. Gilbert St.; Class A Liquor License for Loyal Order of Moose Lodge #1096, 3151 Hwy 6 E.; Special Class C Liquor License for Panchero's Mexican Grill, 32 S. Clinton St.; Class E Liquor License for Liquor House, 425 S. Gilbert St.; Class C Beer Permit for Gasby's #1, 1310 S. Gilbert St.; Class C Beer Permit for Gasby's #4, 2303 Muscatine Ave.; RES. 10-122 TO ISSUE DANCING PERMIT to First Avenue Club, 1550 S. First Ave., and Loyal Order of Moose Lodge #1096, 3151 Hwy 6 E. Motions. Approve disbursements in the amount of $10,333,650.41 for the period of March 1 through March 31, 2010, as recommended by the Finance Director subject to audit. Official Actions April 27, 2010 Page 2 Public Hearings: RES. 10-123, SETTING A PUBLIC HEARING ON AMENDING THE FY2010 OPERATING BUDGET; setting a public hearing for May 10, 2010 regarding Iowa City's Citizen Participation Plan; setting a public hearing for May 10, 2010 regarding Iowa City's FY11 Annual Action Plan, that is a sub-part of Iowa City's 2011-2015 Consolidated Plan (a.k.a. City Steps) and Amendments to the FY08, FY09 & FY10 Annual Action Plans; RES. 10-124, SETTING A PUBLIC HEARING ON MAY 10, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LANDFILL FY09 STAGE 1 CELL CONSTRUCTION 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. 10-125, SETTING A PUBLIC HEARING ON MAY 10, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SANDUSKY STORM SEWER IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 10-126, SETTING A PUBLIC HEARING ON MAY 10, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SENIOR CENTER BUILDING ENVELOPE ROOF REPAIRS AND MEMBRANE 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. 10-127, SETTING PUBLIC HEARING FOR MAY 10, 2010, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1516 SHERIDAN AVENUE; RES. 10-128, SETTING A PUBLIC HEARING FOR MAY 10, 2010 TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND VAN METER INDUSTRIAL, INC. FOR LOT 10 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION- PART TWO AND TO CONSIDER A PROPOSAL TO CONVEY SAID PROPERTY. Resolutions: RES. 10-129, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, HILLS, IOWA FOR PROPERTY LOCATED AT 1973 SHERMAN DRIVE, IOWA CITY, IOWA; RES. 10-130, AUTHORIZING THE MAYOR TO 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 217 BRENTWOOD DRIVE, IOWA CITY, IOWA; RES. 10-131, AUTHORIZING THE MAYOR TO SIGN 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 1910 SHERMAN DRIVE, IOWA CITY, IOWA; RES. 10-132, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A MORTGAGE AND A PROMISSORY NOTE OR THE PROPERTY LOCATED 303 3RD AVENUE, IOWA CITY, IOWA; RES. 10-133, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR Official Actions April 27, 2010 Page 3 THE PROPERTY LOCATED AT 1911 H STREET, IOWA CITY, IOWA; RES. 10-134, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AMENDMENT TO TWO AGREEMENTS BETWEEN CITY OF IOWA CITY AND STANLEY CONSULTANTS, INC.; RES. 10-135, APPROVING THE ACCEPTANCE OF THE DEDICATION OF AN UNDERGROUND UTILITY EASEMENT OVER THE NORTHEASTERLY 10 FEET OF AUDITOR'S PARCEL 2008097, IOWA CITY, JOHNSON COUNTY, IOWA Correspondence: Acting Traffic Engineering Planner regarding Installation of (2) BUS PARKING ONLY 30 MINUTE LIMIT signs in the 300 block of S. Dubuque Street; JCCOG Traffic Engineering Planner regarding Installation of (1) NO PARKING HERE TO CORNER sign on the northwest corner of the intersection of George Street and Oakcrest Street; JCCOG Traffic Engineering Planner regarding Installation of (1) NO PARKING DRIVEWAY TO HERE sign approximately 25 feet south of the 403 South Johnson Street driveway; JCCOG Traffic Engineering Planner regarding Removal of (1) HANDICAP PARKING space in front of 620 N. Linn Street; JCCOG Traffic Engineering Planner regarding Replacement of the ODD/EVEN DATE signage restricting parking on Johnson Street and Fairchild Street immediately surrounding Market Square Park with NO PARKING ANY TIME signs on the inside lane; City Engineer regarding Competitive Quotation Results; Sophie Metcalf regarding Sanctuary City Committee proposed ordinance [staff response included]; Fluoride letters from John Echols, Maureen Jones, Ken McBride(x2), Jason Krueger; Mark Patton regarding CDBG/HOME recommendations; 21 Ordinance letters from Jim and Mary Blaser, Andrew Edmark, Cody Eliff, Libris Fidelis, Mary and Kevin Hastings, Dustin Nohr, Kelly Robertson, University of Iowa-Delta Gamma-Tau chapter, Alpha Kappa Psi -Alpha Xi chapter, Dance Marathon, Student Elections Board; Gerald Sorokin and Jeffrey Portman regarding Speaker sponsored by the Human Rights Commission; Heather Roberts regarding League to Establish Environmental Advisory Committee; Emily Woodbury regarding Bicycle Laws and Traffic Citations; Laura Kacere regarding Music Festival Event. The Mayor declared the motion carried. Moved and seconded setting a public hearing for May 10 on a resolution annexing approximately 2.37-acres of land located at 4265 Oak Crest Hill Road SE (ANN10-00001 Johnson County Extension Services). The Mayor declared the motion carried. Moved and seconded setting a public hearing for May 10 on an ordinance rezoning approximately 2.37-acres of land located at 4265 Oak Crest Hill Road SE from County Agricultural (A) to Institutional Public (P2) (REZ10-00002 Johnson County Extension Services). The Mayor declared the motion carried. Moved and seconded setting a public hearing for May 10 on an ordinance rezoning approximately 60.32 acres of land from Interim Development-Research Park (ID-RP), to Overlay Planned Development -Office Research Park (OPD-ORP); and approximately 56.48 acres of land from Interim Development-Research Park (ID-RP) to Overlay Planned Development-Research Development Park (OPD-RDP); and approximately 24.49 acres of land from Interim Development-Research Park (ID-RP) to Overlay Planned Development- Mixed Use (OPD-MU) for property located northwest of the interchange of State Highway 1 with Interstate 80 (REZ10-00004). The Mayor declared the motion carried. Official Actions April 27, 2010 Page 4 A public hearing was held on a resolution authorizing the filing of an application with the Iowa Department of Transportation for FY2011 Iowa DOT State Transit Assistance and Federal Transit Administration Funding. Moved and seconded to adopt RES. 10-136, AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY2011 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING. A public hearing was held on a resolution determining an area of the city to be an economic development area, and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the city; designating such area as appropriate for an urban renewal project; and adopting the Moss Green Urban Village Urban Renewal Plan therefore. Economic Development Coordinator Ford present for discussion. Wally Pelds, representing Pelds Engineering, Eco-4, and Moss Green appeared. Moved and seconded to adopt RES. 10-137, DETERMINING AN AREA OF THE CITY TO BEAN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING THE MOSS GREEN URBAN VILLAGE URBAN RENEWAL PLAN THEREFORE. Moved and seconded that the ordinance providing that general property taxes levied and collected each year on all property located within the Moss Green Urban Village Urban Renewal Area, .in the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, rebates, grants, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with said Urban Renewal Redevelopment Project, be given first vote. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," Section 2, entitled "Aggressive Panhandling, to prohibit soliciting for money in limited areas in the downtown, be given first vote. The following individuals appeared: Nick Arnold, Executive Director of the Downtown Association; and Brandon Ross. Individual Council Members expressed their views. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Libris Fidelis. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 6, entitled "Public Health and Safety," Chapter 10, entitled "Smoke Free Places," to prohibit smoking throughout city plaza and near sidewalk cafes and to make the smoking prohibition at the farmers market consistent with the expansion in hours and location, be given first vote. The following individuals appeared: Nick Arnold, Executive Director of the Downtown Association; and Chris Squier, CAFE member and State Commission for Tobacco Prevention and Control. The Mayor declared the motion carried. Moved and seconded that the ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Official Actions April 27, 2010 Page 5 Sub-Section B, entitled "Exceptions," be given first vote. The Mayor declared the motion carried. Moved and seconded 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 second vote. The Mayor declared the motion carried. Moved and seconded to consider a resolution establishing a schedule of fees and charges for Affiliate Group's use of Parks and Recreation services and programs. The following individuals appeared: Bill Graf, Iowa City Boys Baseball; and Jason Armstrong, Iowa City Kickers. Parks & Recreation Director Moran present for discussion. Individual Council Members expressed their views. Moved and seconded to defer indefinitely and pursuer a joint meeting with the Parks & Recreation Commission. The Mayor declared the motion carried. Moved and seconded to adopt RES. 10-138, ESTABLISHING FEES FOR SOLID WASTE SERVICES FOR ITEMS LEFT ON PUBLIC RIGHT OF WAY. Moved and seconded to adopt RES. 10-139, AWARDING CONTRACT to Aqua Logic Inc. for $207,250. 00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE MERCER PARK AQUATIC CENTER POOL FILTER REPLACEMENT PROJECT. Moved and seconded to adopt RES. 10-140, DECLARING THE PLATTED ALLEY EAST OF 636 AND 638 SOUTH GOVERNOR STREET OPEN TO THE PUBLIC. Moved and seconded to adopt RES. 10-141, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE REPLACEMENT OF THE ROCHESTER AVENUE BRIDGE OVER RALSTON CREEK BRM-3715(650)-8N-52. Moved and seconded to adopt RES. 10-142, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF 2010 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT. Moved and seconded to adopt RES. 10-143, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF EAST SIDE RECYCLING CENTER PROJECT. Moved and seconded to adopt RES. 10-144, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF 2010 WATER MAIN DIRECTIONAL BORING PROJECT. Moved and seconded to adopt RES. 10-145, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF 2010 SANITARY SEWER REHABILITATION PROJECT. Moved and seconded to adopt 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. The Mayor declared the resolution defeated. Moved and seconded to adopt RES. 10-146, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PROFESSIONAL Official Actions April 27, 2010 Page 6 SERVICES AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SLAVIN MANAGEMENT CONSULTANTS FOR SERVICES IN CONNECTION WITH THE SEARCH FOR A NEW CITY MANAGER. Moved and seconded to accept correspondence from Robert Slavin. The Mayor declared the motion carried. Moved and seconded to approve the appointment of a Student Liaison Elliott Higgins from the University of Iowa Government (UISG) to the City Council May 1, 2010 until May 1, 2011. Outgoing Liaison Jeff Shipley thanked Council for the opportunity, highlighted his year and introduced the new student liaison Elliot Higgins. Liaison Higgins made a brief statement. The Mayor presented a Certificate of Appreciation to Liaison Shipley and declared the motion carried. The Mayor noted the previously announced vacancies to Boards and Commissions: Airport Commission for an unexpired term, effective upon appointment, ending March 1, 2012; 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 a six-year term January 1, 2006 -December 31, 2011; Airport Zoning Commission for asix- yearterm January 1, 2010 -December 31, 2015; Appeals, Board of, for afive-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Library, Board of Trustees for an unexpired term, effective upon appointment, ending June 30, 2013; Police Citizens Review Board for an unexpired term, effective July 1, 2010, ending September 1, 2013; Youth Advisory Commission for atwo-year term for Tate High, January 1, 2009 - December 31, 2010; Youth Advisory Commission for a-two-year term for Regina High, January 1, 2010 -December 31, 2011. Applications must be received by 5:00 p.m., Wednesday, May 5, 2010. The Mayor noted the current vacancy: Historic Preservation Commission for an At- Large unexpired term, effective upon appointment, ending March 29, 2011. Applications must be received by 5:00 p.m., Wednesday, June 9, 2010. Moved and seconded to accept correspondence from Lindsay Bunting Eubanks. The Mayor declared the motion carried. Moved and seconded to reappoint Wally Plahutnik, 430 N. Gilbert Street and Michelle Payne, 1126 Village Farm Court, to the Planning & Zoning Commission for two five-year terms May 1, 2010 -May 1, 2015. The Mayor declared the motion carried. Correspondence from Wally Plahutnik, Matt Farrell received. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Moved and seconded to adjourn meeting 8:45 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 f~~~~~ P~~ `7~Q~ Submitted for publication - 5/4/10. /~~. 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 - 5/3/10 Iowa City Council special meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens (arrived 8:10 pm), Hayek, Mims, Wright. Absent: Wilburn. Discussion and public input Iowa City Community School Redistricting Plan. PCD Director Davidson and Urban Planner Howard distributed 2 handouts and presented a power point presentation. The following individuals appeared: Phil Hemingway, 415 Elmridge Ave.; Janet Clark, 1111 Friendly Ave.; Dan Berg, 2775 Hickory Trail; John Buatti, 2891 Saddle Club Rd. NE; Beth Beasley, 217 Green Mountain Dr.; Lan Jiang, 3442 Ireland Dr.; Lee Bennett, 53 Alder Ct.; Laurie Klemme, 244 Amhurst; Julie Eisele, 5 Woodland Dr.; Sarah Richardson, 519 Summit St.; Chris Lynch, 755 Forest Edge Dr. (C); Jane Dorman, 1403 Hollywood Blvd.; Alyse Philpot, 1111 Downing Dr.; Bob Goodfellow, 2629 Princeton Rd.; Sarah Swisher, IC School Board; Maura Channon, City High Student; and Ann Freerks, S. Governor St. Moved and seconded to receive correspondence from Mary Gantz, Patti Fields, Emily Farber, John Macatee, Matt Rizzo, and Beth Beasley. The Mayor declared the motion carried. Moved and seconded to send a letter to the Iowa City Board of Education, and a copy made available to the Press Citizen, thanking the School Board for their efforts; asking them to not build a third high school at this time, noting there may be a need for a third high school at some future time; encouraging them to look at the decision utilizing criteria developed for the Redistricting Committee; encourage communications to help improve the image of two existing high schools; note past collaborative efforts of the City and School District; and stating the City Council support of the District, and that the decision on redistricting is that of the Board. The Mayor declared the motion carried. 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 Submitted for publication - 5/10/10. /~-'~. 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 APRIL 27, 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, Davidson, Robinson, Hart, Moran, Tharp, Havel, Jordan, Fay, Morris, Ford. The Mayor presented Outstanding Student Citizenship Awards to Longfellow Elementary students: Alma Apolonio, Evelyn Galstad, and Wakemia McCray. The Mayor proclaimed: Older Americans Month -May 2010, Mary Willie, Aging Specialist, Johnson County Livable Communities accepting; Arbor Day -April 30, 2010, Terry Robinson, Parks Forestry Superintendent accepting; Mental Health Month -May 2010 and Children's Mental Health Week - May 2-8, 2010. Nyle Jessen, NAMI of Johnson County accepting. A presentation of the Airport Commission - 5 Year Strategic Plan was presented by Airport Commission Chairperson Howard Horan. 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; April 5, Regular Council Work Session; April 6, Regular Council Formal Official and Complete; April 9, Special Council Work Session. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Senior Center Commission - February 18, 2010; Planning and Zoning Commission -March 18, 2010; Airport Commission -February 18, 2010; Youth Advisory Commission - March 8, 2010; Civil Service Commission -April 14, 2010; Housing and Community Development Commission -March 25, 2010; Planning and Zoning Commission -April 1, 2010; Police Citizens Review Board -March 9, 2010; Airport Commission -March 18, 2010. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for First Avenue Productions, Inc., dba First Avenue Club, 1550 S. First Ave.; Renewal: Class C Liquor License for Kennedy Investments, Inc., dba Vine Tavern & Eatery, 330 E. Prentiss St.; Class C Liquor License for Sams Pizza, Inc., dba•Sams Pizza, 441 S. Gilbert St.; Class A Liquor License for Iowa City Lodge #1096 Loyal Order of Moose dba Loyal Order of Moose Lodge #1096, 3151 Hwy 6 E.; Special Class C Liquor License for Little Donkeys, Inc., dba Panchero's Mexican Grill, 32 S. Clinton St.; Class E Liquor License for Liquor House, Ltd., dba Liquor House, 425 S. Gilbert St.; Class C Beer Permit for KLB Bauer, Inc., dba Gasby's #1, 1310 S. Gilbert St.; Class C Beer Permit for KLB Bauer, Inc., dba Gasby's #4, 2303 Muscatine Ave.; RES. 10-122 TO ISSUE DANCING PERMIT to First Avenue Productions, Inc., dba First Avenue Club, 1550 S. First Ave., and Iowa City Lodge #1096 Loyal Order of Moose dba Loyal Order of Moose Lodge #1096, 3151 Hwy 6 E. Motions. Approve disbursements in the amount of $10,333,650.41 for the period of March 1 through March 31, 2010, as recommended by the Finance Director subject to audit. Complete Description April 27, 2010 Page 2 Public Hearings: RES. 10-123, SETTING A PUBLIC HEARING ON AMENDING THE FY2010 OPERATING BUDGET; setting a public hearing for May 10, 2010 regarding Iowa City's Citizen Participation Plan; setting a public hearing for May 10, 2010 regarding Iowa City's FY11 Annual Action Plan, that is a sub-part of Iowa City's 2011-2015 Consolidated Plan (a.k.a. City Steps) and Amendments to the FY08, FY09 & FY10 Annual Action Plans; RES. 10-124, SETTING A PUBLIC HEARING ON MAY 10, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LANDFILL FY09 STAGE 1 CELL CONSTRUCTION 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. 10-125, SETTING A PUBLIC HEARING ON MAY 10, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SANDUSKY STORM SEWER IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 10-126, SETTING A PUBLIC HEARING ON MAY 10, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SENIOR CENTER BUILDING ENVELOPE ROOF REPAIRS AND MEMBRANE 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. 10-127, SETTING PUBLIC HEARING FOR MAY 10, 2010, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1516 SHERIDAN AVENUE; RES. 10-128, SETTING A PUBLIC HEARING FOR MAY 10, 2010 TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND VAN METER INDUSTRIAL, INC. FOR LOT 10 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION- PART TWO AND TO CONSIDER A PROPOSAL TO CONVEY SAID PROPERTY. Resolutions: RES. 10-129, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, HILLS, IOWA FOR PROPERTY LOCATED AT 1973 SHERMAN DRIVE, IOWA CITY, IOWA; RES. 10-130, AUTHORIZING THE MAYOR TO 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 217 BRENTWOOD DRIVE, IOWA CITY, IOWA; RES. 10-131, AUTHORIZING THE MAYOR TO SIGN 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 1910 SHERMAN DRIVE, IOWA CITY, IOWA; RES. 10-132, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A MORTGAGE AND A PROMISSORY NOTE OR THE PROPERTY LOCATED 303 3RD AVENUE, IOWA CITY, IOWA; RES. 10-133, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1911 H STREET, IOWA CITY, IOWA; RES. 10-134, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AMENDMENT TO TWO AGREEMENTS BETWEEN CITY OF IOWA CITY AND Complete Description April 27, 2010 Page 3 STANLEY CONSULTANTS, INC.; RES. 10-135, APPROVING THE ACCEPTANCE OF THE DEDICATION OF AN UNDERGROUND UTILITY EASEMENT OVER THE NORTHEASTERLY 10 FEET OF AUDITOR'S PARCEL 2008097, IOWA CITY, JOHNSON COUNTY, IOWA Correspondence: Acting Traffic Engineering Planner regarding Installation of (2) BUS PARKING ONLY 30 MINUTE LIMIT signs in the 300 block of S. Dubuque Street; JCCOG Traffic Engineering Planner regarding Installation of (1) NO PARKING HERE TO CORNER sign on the northwest corner of the intersection of George Street and Oakcrest Street; JCCOG Traffic Engineering Planner regarding Installation of (1) NO PARKING DRIVEWAY TO HERE sign approximately 25 feet south of the 403 South Johnson Street driveway; JCCOG Traffic Engineering Planner regarding Removal of (1) HANDICAP PARKING space in front of 620 N. Linn Street; JCCOG Traffic Engineering Planner regarding Replacement of the ODD/EVEN DATE signage restricting parking on Johnson Street and Fairchild Street immediately surrounding Market Square Park with NO PARKING ANY TIME signs on the inside lane; City Engineer regarding Competitive Quotation Results; Sophie Metcalf regarding Sanctuary City Committee proposed ordinance [staff response included]; Fluoride letters from John Echols, Maureen Jones, Ken McBride(x2), Jason Krueger; Mark Patton regarding CDBG/HOME recommendations; 21 Ordinance letters from Jim and Mary Blaser, Andrew Edmark, Cody Eliff, Libris Fidelis, Mary and Kevin Hastings, Dustin Nohr, Kelly Robertson, University of Iowa-Delta Gamma-Tau chapter, Alpha Kappa Psi -Alpha Xi chapter, Dance Marathon, Student Elections Board; Gerald Sorokin and Jeffrey Portman regarding Speaker sponsored by the Human Rights Commission; Heather Roberts regarding League to Establish Environmental Advisory Committee; Emily Woodbury regarding Bicycle Laws and Traffic Citations; Laura Kacere regarding Music Festival Event. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Wilburn, setting a public hearing for May 10 on a resolution annexing approximately 2.37-acres of land located at 4265 Oak Crest Hill Road SE (ANN10-00001 Johnson County Extension Services). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Mims, seconded by Champion, setting a public hearing for May 10 on an ordinance rezoning approximately 2.37-acres of land located at 4265 Oak Crest Hill Road SE from County Agricultural (A) to Institutional Public (P2) (REZ10-00002 Johnson County Extension Services). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Bailey, setting a public hearing for May 10 on an ordinance rezoning approximately 60.32 acres of land (Moss Green) from Interim Development-Research Park (ID-RP), to Overlay Planned Development -Office Research Park (OPD-ORP); and approximately 56.48 acres of land from Interim Development- Research Park (ID-RP) to Overlay Planned Development-Research Development Park (OPD-RDP); and approximately 24.49 acres of land from Interim Development-Research Park (ID-RP) to Overlay Planned Development-Mixed Use (OPD-MU) for property located northwest of the interchange of State Highway 1 with Interstate 80 (REZ10-00004). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description April 27, 2010 Page 4 A public hearing was held on a resolution authorizing the filing of an application with the Iowa Department of Transportation for FY2011 Iowa DOT State Transit Assistance and Federal Transit Administration Funding. No one appeared. Moved by Mims, seconded by Wright, to adopt RES. 10-136, AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY2011 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING. 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 determining an area of the city to be an economic development area, and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the city; designating such area as appropriate for an urban renewal project; and adopting the Moss Green Urban Village Urban Renewal Plan therefore. Economic Development Coordinator Ford present for discussion. Wally Pelds, representing Pelds Engineering, Eco-4, and Moss Green appeared. Moved by Wilburn, seconded by Bailey, to adopt RES. 10-137, DETERMINING AN AREA OF THE CITY TO BEAN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING THE MOSS GREEN URBAN VILLAGE URBAN. RENEWAL PLAN THEREFORE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Wilburn, that the ordinance providing that general property taxes levied and collected each year on all property located within the Moss Green Urban Village Urban Renewal Area, in the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, rebates, grants, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with said Urban Renewal Redevelopment Project, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Mims, that the ordinance amending Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," Section 2, entitled "Aggressive Panhandling," to prohibit soliciting for money in limited areas in the downtown, be given first vote. The following individuals appeared: Nick Arnold, Executive Director of the Downtown Association; and Brandon Ross. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Mims, Wilburn, Bailey, Champion, Dickens, Hayek. Nays: Wright. Absent: None. Moved by Wilburn, seconded by Mims, to accept correspondence from Libris Fidelis. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wright, seconded by Mims, that the ordinance amending Title 6, entitled "Public Health and Safety," Chapter 10, entitled "Smoke Free Places," to prohibit smoking throughout city plaza and near sidewalk cafes and to make the smoking prohibition at the farmers market consistent with the expansion in hours and location, be given first vote. The following individuals appeared: Nick Arnold, Executive Director of the Downtown Association; and Chris Squier, CAFE member and State Commission for Tobacco Prevention and Control. Complete Description April 27, 2010 Page 5 Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Mims, seconded by Dickens, that the ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Sub-Section B, entitled "Exceptions," be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. 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 second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Wilburn, to consider a resolution establishing a schedule of fees and charges for Affiliate Group's use of Parks and Recreation services and programs. The following individuals appeared: Bill Graf, Iowa City Boys Baseball; and Jason Armstrong, Iowa City Kickers. Parks & Recreation Director Moran present for discussion. Individual Council Members expressed their views. Moved by Bailey, seconded by Champion, to defer indefinitely and pursuer a joint meeting with the Parks & Recreation Commission. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Bailey, Champion, Dickens, Hayek, Mims, Wright. Nays: Wilburn. Moved by Champion, seconded by Mims, to adopt RES. 10-138, ESTABLISHING FEES FOR SOLID WASTE SERVICES FOR ITEMS LEFT ON PUBLIC RIGHT OF WAY. 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. 10-139, AWARDING CONTRACT to Aqua Logic Inc. for $207,250. 00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE MERCER PARK AQUATIC CENTER POOL FILTER REPLACEMENT PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Mims, to adopt RES. 10-140, DECLARING THE PLATTED ALLEY EAST OF 636 AND 638 SOUTH GOVERNOR STREET OPEN TO THE PUBLIC. 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. 10-141, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE REPLACEMENT OF THE ROCHESTER AVENUE BRIDGE OVER RALSTON CREEK BRM-3715(650)-8N-52. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Wright, to adopt RES. 10-142, AWARDING CONTRACT to Feldman Concrete for $67,066.95 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF 2010 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT. 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. 10-143, AWARDING CONTRACT to Knutson Construction for $3,784,000.00 AND AUTHORIZING THE MAYOR Complete Description April 27, 2010 Page 6 TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF EAST SIDE RECYCLING CENTER PROJECT. 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. 10-144, AWARDING CONTRACT to Gaylord Construction for $65,660.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF 2010 WATER MAIN DIRECTIONAL BORING PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Mims, seconded by Dickens, to adopt RES. 10-145, AWARDING CONTRACT to Municipal Pipe Tool Company for $102,192.25 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF 2010 SANITARY SEWER REHABILITATION PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wright, seconded by Champion, to adopt 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. The Mayor declared the resolution defeated, 0/7, all Council Members present. Moved by Mims, seconded by Wright, to adopt RES. 10-146, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SLAVIN MANAGEMENT CONSULTANTS FOR SERVICES IN CONNECTION WITH THE SEARCH FOR A NEW CITY MANAGER. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Mims, to accept correspondence from Robert Slavin. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Mims, to approve the appointment of a Student Liaison Elliott Higgins from the University of Iowa Government (UISG) to the City Council May 1, 2010 until May 1, 2011. Outgoing Liaison Jeff Shipley thanked Council for the opportunity, highlighted his year and introduced the new student liaison Elliot Higgins. Liaison Higgins made a brief statement. The Mayor presented a Certificate of Appreciation to Liaison Shipley and declared the motion carried, 7/0, all Council Members present. The Mayor noted the previously announced vacancies to Boards and Commissions: Airport Commission for an unexpired term, effective upon appointment, ending March 1, 2012; 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 a six-year term January 1, 2006 -December 31, 2011; Airport Zoning Commission for asix- yearterm January 1, 2010 -December 31, .2015; Appeals, Board of, for afive-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Library, Board of Trustees for an unexpired term, effective upon appointment, ending June 30, 2013; Police Citizens Review Board for an unexpired term, effective July 1, 2010, ending September 1, 2013; Youth Advisory Commission for atwo-year term for Tate High, January 1, 2009 - December 31, 2010; Youth Advisory Commission for atwo-year term for Regina High, January 1, 2010 -December 31, 2011. Applications must be received by 5:00 p.m., Wednesday, May 5, 2010. Complete Description April 27, 2010 Page 7 The Mayor noted the current vacancy: Historic Preservation Commission for an At- Large unexpired term, effective upon appointment, ending March 29, 2011. Applications must be received by 5:00 p.m., Wednesday, June 9, 2010. Moved by Wilburn, seconded by Wright, to accept correspondence from Lindsay Bunting Eubanks. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Wilburn, to reappoint Wally Plahutnik, 430 N. Gilbert Street and Michelle Payne, 1126 Village Farm Court, to the Planning & Zoning Commission for two five-year terms May 1, 2010 -May 1, 2015. The Mayor declared the motion carried 6/1, with the following division of roll call vote. Ayes: Wilburn, Wright, Bailey, Champion, Dickens, Hayek. Nays: Mims. Correspondence from Wally Plahutnik, Matt Farrell received. 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 Members individually thanked outgoing Student Liaison Jeff Shipley for his service. Council Member Bailey noted the opening of Farmers Market on Saturday, May 1, and the changes being made in response to the community survey; and thanked the Parks & Recreation Commission for their efforts. Mayor Pro tem Wilburn announced the hiring Steve Murley as new Iowa City Community School Supt. And stated he was looking forward to working with him. Acting Asst. City Manager and Public Works Director Fosse announced that the City had begun steam cleaning downtown alleys and after that is completed would proceed with the annual steam cleaning of the Pedestrian Mall. Moved by Wilburn, seconded by Wright, to adjourn meeting 8:45 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk 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 MAY 3, 2010 Iowa City Council special meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens (arrived 8:10 pm), Hayek, Mims, Wright. Absent: Wilburn. Staff members present: Helling, Fosse, Dilkes, Karr, Davidson, Howard. Discussion and public input Iowa City Community School Redistricting Plan. PCD Director Davidson and Urban Planner Howard distributed 2 handouts and presented a power point presentation. The following individuals appeared: Phil Hemingway, 415 Elmridge Ave.; Janet Clark, 1111 Friendly Ave.; Dan Berg, 2775 Hickory Trail; John Buatti, 2891 Saddle Club Rd. NE; Beth Beasley, 217 Green Mountain Dr.; Lan Jiang, 3442 Ireland Dr.; Lee Bennett, 53 Alder Ct.; Laurie Klemme, 244 Amhurst; Julie Eisele, 5 Woodland Dr.; Sarah Richardson, 519 Summit St.; Chris Lynch, 755 Forest Edge Dr. (C); Jane Dorman, 1403 Hollywood Blvd.; Alyse Philpot, 1111 Downing Dr.; Bob Goodfellow, 2629 Princeton Rd.; Sarah Swisher, IC School Board; Mauaa Channon, City High Student; and Ann Freerks, S. Governor St. Moved by Champion, seconded by Bailey, to receive correspondence from Mary Gantz, Patti Fields, Emily Farber, John Macatee, Matt Rizzo, and Beth Beasley. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. Individual Council Members expressed their views. Moved by Bailey, seconded by Mims, to send a letter to the Iowa City Board of Education, and a copy made available to the Press Citizen, thanking the School Board for their efforts; asking them to not build a third high school at this time, noting there may be a need for a third high school at some future time; encouraging them to look at the decision utilizing criteria developed for the Redistricting Committee; encourage communications to help improve the image of two existing high schools; note past collaborative efforts of the City and School District; and stating the City Council support of the District, and that the decision on redistricting is that of the Board. Staff will prepare the letter for the Mayor's signature. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. Moved by Bailey, seconded by Dickens, to adjourn meeting 8:50 p.m. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk