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HomeMy WebLinkAbout2010-06-01 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 JUNE 1, 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, Bollinger, Hennes, Brotherton, Dulek, Hargadine, Boelk, Ream. Moved by Champion, seconded by Wright, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as presented: Approval of Council Actions, subject to corrections, as recommended by the City Clerk. May 10, Special Council Work Session; May 10, Special Council Formal Official and Complete; May 10, 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): Parks and Recreation Commission -March 10, 2010; Public Art Advisory Committee -April 1, 2010; Planning and Zoning Commission -April 15, 2010; Board of Adjustment -March 10, 2010; Board of Adjustment -April 14, 2010; Historic Preservation Commission -April 8, 2010; Senior Center Commission -March 25, 2010; Human Rights Commission -April 20, 2010; Planning and Zoning Commission - May 6, 2010; Police Citizens Review Board -April 13, 2010; Police Citizens Review Board -April 15, 2010; Telecommunications Commission -April 26, 2010. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Beer Permit for Suburban Investors, LC, dba Suburban AMOCO, 370 Scott Ct.; Class C Liquor License for Cigarette Outlet, Inc., dba Cigarette Outlet #18, 1901 Broadway St.; Class C Liquor License for Pershell Corporation, Colonial Lanes, 2253 Highway 218 S.; Class C Liquor License for Quzer, Inc., dba Shakespeare's, 819 S. First Ave.; Class C Liquor License for Linn Street Cafe, Inc., dba Linn Street Cafe, Inc., 121 N. Linn St.; Class C Liquor License for MP Investments, LLC, dba Vito's, 118 E. College St.; Class C Beer Permit for Kwik Trip, Inc., dba Tobacco Outlet Plus #537, 923 S. Riverside Dr.; Motions: Approve disbursements in the amount of $10,260,027.76 for the period of April 1 through April 30, 2010, as recommended by the Finance Director subject to audit. Public Hearings: RES. 10-275, SETTING A PUBLIC HEARING ON JUNE 15, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 420T" STREET 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. 10-276, SETTING A PUBLIC HEARING ON JUNE 15, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PENINSULA FLOOD MITIGATION IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF Complete Description June 1, 2010 Page 2 SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 10-277, SETTING A PUBLIC HEARING ON JUNE 15, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BOWERY STREET BRICK REPAIR PROJECT -SUMMIT STREET TO CLARK STREET, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 10-278, SETTING PUBLIC HEARING ON JUNE 15, 2010 ON AN ORDINANCE AMENDING TITLE 3 ENTITLED "FINANCES, TAXATION AND FEES", CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES", ARTICLE 3, ENTITLED, "POTABLE WASTE USE AND SERVICE" OF THE CITY CODE TO INCREASE OR CHANGE WATER METER CHARGES AND SERVICE FEES. Resolutions: RES. 10-279, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF THE RETENTION AGREEMENT AND DEED RESTRICTIONS FOR THE PROPERTY LOCATED AT 723 EASTMOOR DRIVE, IOWA CITY, IOWA; RES. 10-280, 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 25 PENTIRE CIRCLE, IOWA CITY, IOWA; RES. 10-281, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 1716 GRANTWOOD, IOWA CITY, IOWA; RES. 10-282, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 1550 GINTER AVENUE, IOWA CITY, IOWA; RES. 10-283 AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 627 3rd AVENUE, IOWA CITY, IOWA; RES. 10-284, ACCEPTING THE WORK FOR THE CITY OF IOWA CITY / SHERATON HOTEL PEDESTRIAN WALKWAY IMPROVEMENT JOINT PROJECT; RES. 10-285, ACCEPTING THE WORK FOR THE LANDFILL GAS SYSTEM 2009 EXPANSION PROJECT; RES. 10-286, ACCEPTING THE WORK FOR THE CITY OF 2009 PCC PAVEMENT PATCHING PROJECT; RES. 10-287, ACCEPTING THE WORK FOR THE CITY OF 2009 STORM SEWER IMPROVEMENTS PROJECT; RES. 10-288, ACCEPTING THE WORK FOR THE STORM SEWER PUBLIC IMPROVEMENTS FOR LOT 276, WINDSOR RIDGE -PART TWENTY B; RES. 10- 289, NAMING DEPOSITORIES; RES. 10-290, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA, FOR THE APPLICATION AND ADMINISTRATION OF ANY AWARDED EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARDS. Correspondence: Acting Traffic Engineering Planner regarding Installation of (2) NO PARKING BETWEEN SIGNS signs in the 800 block of Maiden Lane Complete Description June 1, 2010 Page 3 JCCOG Traffic Engineering Planner regarding Installation of NO PARKING 6 AM - 12 PM SATURDAYS signs for the metered parking spaces on the north side of the 400 block of East Washington Street; JCCOG Traffic Engineering Planner regarding Installation of (1) HANDICAP PARKING space on the southwest corner of the northernmost intersection of Foster Road and Walker Circle; JCCOG Traffic Engineering Planner regarding Installation of (1) STOP sign on the northwest corner of the intersection of Rohret Road and Lake Shore Drive; Libris Fidelis regarding Iowa City is destroying Iowa City into another Chicago; Colin Baenziger regarding City Manager Search; Rod Sullivan regarding Development impact fees; Paula Altmaier regarding Traffic light at Church and Dubuque [staff response included]; John Schmitz regarding Windsor West Neighborhood request for sidewalk from Scott Blvd to Buckingham Lane -petition included; Sally Stutsman regarding Joint Emergency Communications Center (JECC). John Schmitz, 4249 Kilburnie, appeared regarding the petition he submitted for a sidewalk from Windsor Ridge over to Scott Blvd. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Mary Gravitt, 2714 Wayne, appeared with concerns regarding handicap accessibility in the Iowa City Public Library restrooms. Moved by Bailey, seconded by Wilburn, to set a public hearing for June 15 on an ordinance to rezone approximately 22.83 acres of property located West of Mormon Trek Boulevard and South of Highway 1 from Highway Commercial (CH-1) to Intensive Commercial (CI-1) (REZ10-00008). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Mims, to set a public hearing for June 15 on an ordinance amending the Iowa City Zoning Code, Section 14-4E-8, Nonconforming Development. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Dickens, to set a public hearing for June 15 on an ordinance amending the Iowa City Zoning Code, Articles 14-51, Sensitive Lands and Features and 14-9E, Sensitive Lands Definitions, to refine the definition of a regulated stream corridor. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Public hearings were held on a resolution voluntary annexation of approximately 2.37- acres of land located at 4265 Oak Crest Hill Road SE (ANN10-00001 Johnson County Extension Service) and 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 Service). PCD Dir. Davidson presented a power point and present for discussion. No one appeared. Moved by Champion, seconded by Wright, to adopt RES. 10-291, FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 2.37-ACRES OF LAND LOCATED AT 4265 OAK CREST HILL ROAD SE (ANN10-00001 Johnson County Extension Service). 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 rezoning approximately 1.66 -acres of land located at 4265 Oak Crest Hill Road SE from County Agricultural (A) to Complete Description June 1, 2010 Page 4 Institutional Public (P2) (REZ10-00002 Johnson County Extension Service), be given first vote. The Mayor asked Council Members to disclose any ex parte communications and none were reported. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. 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), be given second vote. The Mayor asked Council Members to disclose any ex parte communications and none were reported. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Correspondence received from Jared Vincent. Moved by Champion, seconded by Bailey, to defer to June 15 a resolution approving the preliminary plat of Moss Green Urban Village, Iowa City, Iowa (SUB10-00005). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Mims, to adopt RES. 10-292, APPROVING THE PRELIMINARY PLAT OF BROOKWOOD POINTE, SECOND TO FIFTH ADDITIONS, IOWA CITY, IOWA (SUB10-00006). PCD Dir. Davidson presented a power point and present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A hearing was conducted on a renewal of a Class C Liquor License for Column, inc. dba Sports Column, 12 S. Dubuque Street. The following individuals appeared: Atty. Matthew Adam, representing Sports Column; Co-owner Bill Bryce, Sports Column; Police Sgt. Brotherton. Moved by Wright, seconded by Bailey, to deny a Class C Liquor License for Column, Inc. dba Sports Column, 12 S. Dubuque Street, in accordance with staff recommendation. Individual Council Members expressed their views. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the 2010 Sidewalk Infill 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 Wilburn, to adopt RES. 10-293, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2010 SIDEWALK INFILL 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. PW Dir. & Acting Asst. City Mgr. Fosse 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 FY 2011 Asphalt Resurfacing Complete Description June 1, 2010 Page 5 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 Mims, seconded by Wright, to adopt RES. 10-294, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY 2011 ASPHALT RESURFACING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Champion, that ORD. 10-4391, 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 passed and adopted. The following individuals appeared: Tony Griffin, 815 Oakcrest; Garry Klein, 628 - 2"d Ave.; Steven (can't hear), 1009 N. Summit; Guy Drollinger, 1223 Burlington St.; Charles Buell; Liz Presiado, 424 Clark St.; Bryson Dean, 310 Scott Ct.; Hannah Drollinger, 624 N. Linn St.; Sarah Furnish, 936 Springridge; Ansel Cummings, Riverside (IA); Matt Butler, 2602 Friendship St.; Brandon Ross, 1822 Rochester Ave.; Matt Steele, 911 E. Washington St. Individual Council Members expressed their views. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote. Ayes: Bailey, Dickens, Hayek, Mims, Wilburn. Nays: Wright, Champion. Absent: None. Correspondence received from Bryson Dean, Sarah Furnish, Karen, Kubby, Libris Fidelis, Ashley Orr, Garry Klein, Heather Hood- Davis. Moved by Wright, seconded by Mims, that the ordinance amending Title 10 of the City Code, entitled "Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," to regulate the commercial use of parks, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wright, seconded by Champion, that the 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. 10-4392, 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 voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wright, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Bailey, seconded by Dickens, that ORD. 10-4393, 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 passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Correspondence received from Sarah Furnish. Complete Description June 1, 2010 Page 6 Moved by Champion, seconded by Bailey, that the ORD. 10-4394, 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 REDEVELOPMNENT PROJECT, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Bailey, to defer to June 15 a resolution authorizing the Mayor to sign and the City Clerk to attest an agreement for private redevelopment by and between Moss Green Development Corporation and the City of Iowa City for the development of Moss Green Urban Village. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Wilburn, to adopt RES. 10-295, APPROVING THE CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR DISPLAY OF A SCULPTURE ON THE IOWA'S SCULPTOR'S SHOWCASE. 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. 10-296, APPROVING DISTRIBUTION OF THE "PROGRAM FOR IMPROVING NEIGHBORHOODS" (PIN) GRANT FUNDS. The following individuals appeared: Cindy Roberts, 2034 Grantwood St., Grant Wood Neighbor Association; Andy Litton, 331 N. Van Buren St., Northside Neighborhood Association; Jennifer Kardos, 1593 Glendale Rd., Morningside-Glendale Neighborhood Association and the College Green Neighborhood Association; Mary Knudson, 725 W. Benton St., Miller-Orchard Neighborhood Association; Iowa City Neighborhood Services Coordinator Bollinger and Mayor's Youth Employment Program Executive Director Roger Lusala, Neighborhood Council. 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 Bailey, to adopt RES. 10-297, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2011 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Mims, to adopt RES. 10-298, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR AUDIT SERVICES FOR THE FISCAL YEAR 2010 CITY OF IOWA CITY FINANCIAL STATEMENTS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Dickens, to adopt RES. 10-299, AWARDING CONTRACT to Bockenstedt Excavating, for $491,460.20 AND AUTHORIZING THE MAYOR Complete Description June 1, 2010 Page 7 TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SANDUSKY STORM SEWER IMPROVEMENTS PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Mims, seconded by Champion, to adopt RES. 10-300, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXCUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE LANDFILL FY09 STAGE 1 CELL CONSTRUCTION PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Bailey, to adopt RES. 10-301, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND NEW PIONEERS COOPERATIVE SOCIETY FOR A PORTION OF VAN BUREN STREET IN IOWA CITY, IOWA. Jason Thraser, Store Manager for New Pioneer, appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Bailey, to adopt RES. 10-302, AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY KNOWN AS 201 PERSON AVENUE, WHICH IS A PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE NUISANCE. Code Enforcement Asst. Ream presented information. David Nerper, 209 Person St., appeared. Moved by Wilburn, seconded by Wright, to accept correspondence submitted by Ream. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Dickens, to adopt RES. 10-303, AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY KNOWN AS 1443 PRAIRIE DU CHIEN ROAD, WHICH IS A PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE NUISANCE. Code Enforcement Asst. Ream presented information. Moved by Wilburn, seconded by Wright, to accept correspondence submitted by Ream. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Mims, seconded by Wilburn, to grant a 30-day extension to the Police Citizens Review Board for the filing of the public report with the City Council on Complaint #10-01. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. 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 for a 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; Historic Preservation Commission for an At-Large position, to fill an unexpired term, effective upon appointment, ending March 29, 2011; Senior Center Commission for an unexpired term, effective upon appointment, ending December 31, 2011; Youth Advisory Commission for Tate High for a Complete Description June 1, 2010 Page 8 two-year term January 1, 2009 -December 31, 2010, Applications must be received by 5:00 p.m., Wednesday, June 9, 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.] The Mayor noted the current vacancies: Housing and Community Development Commission for three vacancies to fill three-year terms September 1, 2010 -September 1, 2013; Human Rights Commission for an unexpired term, effective August 1, 2010, ending January 1, 2013. Applications must be received by 5:00 p.m., Wednesday, July 7, 2010. Correspondence received from Fernando Mena-Corrasco. Council Member Bailey stated the downtown was looking great for Arts Fest week- end, noting the landscaped roses; questioned whether the missing literary walk plague missing in front of the Library would be replaced; and the empty tree grates on Linn Street. Staff will follow up. Council Members Bailey and Wilburn stated they were looking forward to a great Arts Fest week-end. Mayor Hayek noted the Memorial Day activities and acknowledged the efforts of the Parks & Recreation Department, Military Affairs Commission, and the Northwest Junior High Band. Council Member Wright reminded citizens of the (CARE breakfast Sunday in the Chauncey Swan Ramp. Moved by Wilburn, seconded by Dickens, to adjourn meeting 9:40 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. ~t ~ ~ Matthew J. Hayek, Mayor Mar K. Karr, City Clerk Ub-U7 -7 U ~~'_.--.-r,®~ CITY OF IOWA CITY 2a1 w~~l~~~ ~Tr®s~~~ Q RA N D C~ 1VI BEM Date: May 10, 2010 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, May 10, 2010, 6:00 PM in Emma J. Harvat Hall Council: Bailey, Champion (absent for reconvened work session after the formal meeting), Dickens, Hayek, Mims, Wilburn, Wright UISG: Higgins Staff: Helling, Fosse, Dilkes, Karr, Davidson, Dulek, Long, Morris, Hightshoe, Kopping, Howard, O'Malley (A complete transcription is available in the City Clerk's Office and the City website) JOINT MEETING WITH AIRPORT COMMISSION - 5 YEAR STRATEGIC PLAN Chair Howard Horan and Commission Members Minnette Gardinier and Greg Farris reviewed aspects of the Plan presented and distributed April 27, 2010. Council encouraged the Commission to work with the Convention and Visitors Bureau, Iowa City Area Development, and the Chamber of Commerce on events and activities. STAFF ACTION: None COUNCIL APPOINTMENTS Airport Commission -Jose Assouline Airport Zoning Board of Adjustment - Re-advertise, no applicants Airport Zoning Board of Adjustment - Re-advertise, no applicants Airport Zoning Commission - Re-advertise, no applicants Airport Zoning Commission - Re-advertise, no applicants Board of Appeals - Re-advertise, no applicants Library, Board of Trustees -Holly Carver Police Citizens Review Board -Peter Jochimsen Youth Advisory Commission (Regina) -Matt Lincoln Youth Advisory Commission (Tate) - Re-advertise, no applicants AGENDA ITEMS 1. (Agenda item # 6 -Public hearing .... Resolution amending the FY10 Operating Budget) In response to Council Member Bailey, Finance Director O'Malley stated some capital projects included in the amendments were not part of the 2011 budget presentations but were approved earlier in another budget process but outside funding sources may have delayed the start of the projects. Council Work Session May10, 2010 Page 2 2. (Agenda item # 7 -resolution amending the budgeted positions in the Finance Department ... secretary position ... management analyst...) Finance Director O'Malley present for discussion. 3. (Agenda items # 22 -resolution authorizing an agreement .... Professional Fire Fighters, IAFF,....; # 23 -resolution authorizing an agreement .... American Federation of State, County and Municipal Employees ....; and # 24 -resolution authorizing an agreement .... Police Labor Relations Organization ....) In response to Council Member Bailey, City Atty. Dilkes and Interim City Mgr. Helling stated the language referring to "domestic partner" for City benefits would be clarified in the City policy and state that in order to access benefits you have to be married. LOCAL OPTION SALES TAX FUNDED PROJECTS UPDATE Public Works Director and Acting Asst. City Mgr. Fosse presented a power point (archived with City Clerk) of major projects funded with the local option sales tax (LOST). Recessed 6:52 PM (for formal meeting) Reconvened 9:45 (after formal meeting) INFORMATION PACKET DISCUSSION [April 29 & May 6] April 29 Info Packet 1. (IP3 -Memo from City Attorney re Denial of liquor license renewal based on PAULA rate) City Atty. Dilkes responded to questions. After discussion a majority agreed to continue the present policy of Police Chief recommendation after review of PAULA numbers and re-visit when Administrator's decision is received from the State Alcoholic Beverage Division. May 6 Info Packet 1. (IP3 -Memo from Council Member Wilburn re Legislative Summary Metropolitan Coalition / Iowa City Priorities) Majority requested information on smart growth incentives and the $30 million appropriated for grant applications. Staff will report back. 2. (IP4 -Memo from Interim City Manager re Gifts /Naming Policy) Majority agreed with the recommendation in the memo to form a committee to draft a policy for Council review in the fall. Majority expressed interest to have Library and Parks & Recreation representation on the committee. 3. Council Member Wilburn responded to questions regarding the Metropolitan Coalition work over the summer months, noting an interest for a meeting or retreat to discuss role and focus of the Coalition. BUDGET/PRIORITIES/CITIZEN SURVEY None Council Work Session May10, 2010 Page 3 SUMMARY OF PENDING WORK SESSION ISSUES [IP#5] Majority agreed to add "Affordable Housing" to the June 1 work session to identify discussion items for the June 14 work session. COUNCIL TIME None BUDGET PRIORITIES None UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS 1. Council Member Bailey noted the invitation from CD staffer David Purdy regarding an event with I-JOBS representatives on June 2, and stated Council should make a point of attending. Mayor Hayek and Council Members Mims and Bailey are available. 2. Mayor Pro tem Wilburn stated he will be discussing Council representation on June 3 with eleven African women leaders. DISCUSSION OF MEETING SCHEDULE A majority agreed not to schedule a special formal meeting to consider the final reading of the Moss Green Urban Village Urban Renewal Area, and confirmed it would appear on the June 1 regular agenda along with the rezoning for the property. City Atty. Dilkes stated the agenda is scheduled to also include consideration of a development agreement. Meeting adjourned 10:35 PM. 2a 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 - 5/10/10 Iowa City City Council special meeting, 6:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Moved and seconded to adjourn to executive session to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. The minutes and the tape recording of a session closed under this paragraph (Real Estate) shall be available for public examination when the transaction discussed is completed. The Mayor declared the motion carried and adjourned into executive session. Moved and seconded to adjourn special meeting 6:09 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 Sum ed for publication - 5/18/10. 2a(3) Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost of this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 5/10/10 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 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 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 26, Special Council Work Session; April 27, Special Council Formal Official and Complete; and May 3, 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: 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, 215 Iowa Avenue. (Arts Fest: June 4, 2010 -June 6, 2010); Temporary Five-Day Class B Beer Permit for Summer of the Arts, N. Clinton Street, East of McBride Hall. (Jazz Fest: July 2, 2010 -July 4, 2010); Class C Beer Permit for North Dodge Sinclair, 2153 ACT Circle.; Renewal: Special Class C Liquor License for Riverside Theatre 213 N. Gilbert St.; Transfer of Special Class C Liquor License for Riverside Theatre 213 N. Gilbert St. ( Shakespeare Festival Stage /City Park June 10 -July 11); Class C Liquor License for 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. Resolutions: RES. 10-249, ACCEPTING THE WORK FOR THE 2009 SUMMER SIDEWALK REPAIR PROJECT; RES. 10-250, ACCEPTING THE WORK Official Actions May 10, 2010 Page 2 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. 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 and seconded to accept correspondence from Porter and Lenoch. The Mayor declared the motion carried. Jeanette 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. Official Actions May 10, 2010 Page 3 Moved and seconded 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). The Mayor declared the motion carried. Moved and seconded 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). The Mayor declared the motion carried. 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). 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 and seconded 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), be given first vote. The Mayor declared the motion carried. A public hearing was held on a resolution amending the FY2010 Operating Budget. Moved and seconded to adopt RES. 10-257, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2010. Moved and seconded 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 .5FTE. A public hearing was held on a resolution authorizing conveyance of a single family home located at 1516 Sheridan Avenue. Moved and seconded to adopt RES. 10-259, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1516 SHERIDAN AVENUE. 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. Moved and seconded 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. Official Actions May 10, 2010 Page 4 A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the 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. Moved and seconded 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. 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. Moved and seconded 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. 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. Moved and seconded 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. 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. Moved and seconded 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, Official Actions May 10, 2010 Page 5 Housing Fellowship, appeared. Moved and seconded 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. Moved and seconded 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. Moved and seconded to amend Exhibit A by removing (under Housing Projects) funding for the Isis Investment LLC -Rental of $208,000. The Mayor declared the motion to amend carried. 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 and seconded 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. 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. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. The Mayor declared the motion carried. 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 second vote. The following individuals appeared: Garry Klein, 628 - 2"d Ave.; Wally Pelds, ECO 4 Partners and Pelds Engineering; Tom Fiegen. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Jared Vincent, ECO 4 Partners. 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 second vote. The following individuals appeared: Garry Klein, 628 - 2"d Ave.; Libris Fidelis, Official Actions May 10, 2010 Page 6 Capitol House Apts.; Davis Smithers, Wellman; Sarah Clark, 509 Brown St.; Darcy Bennett, Ex. Dir. of Dance Marathon; and Tom Fiegen. The Mayor declared the motion carried. Moved and seconded to accept correspondence from: Garry Klein; and 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 second vote. The Mayor declared the motion carried. Moved and seconded that that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 10-4389, 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. Moved and seconded to adopt RES. 10-270, ESTABLISHING CLASSIFICATION/COMPENSATION PLANS FOR CONFIDENTIAUADMINISTRATIVE EMPLOYEES AND EXECUTIVE EMPLOYEES FOR FY11 AND FY12. Moved and seconded 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. Moved and seconded to accept correspondence from Donald G. Thompson. The Mayor declared the motion carried. Official Actions May 10, 2010 Page 7 Moved and seconded to adopt RES. 10-272, AWARDING CONTRACT 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. Moved and seconded to adopt RES. 10-273, AWARDING CONTRACT 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. Moved and seconded 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. 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 and seconded to accept correspondence from Charlotte Walker; Jay Honohan. The Mayor declared the motion carried. Moved and seconded 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 31, 2011 for Regina representative. The Mayor declared the motion carried. Moved and seconded to appoint Jose Assouline, 814 Camp Cardinal Road, to the Airport Commission to fill an unexpired term, effective upon appointment, ending March 1, 2012; appoint Holly Carver, 2301 E. Washington St., to fill an unexpired term, effective upon appointment, ending June 30, 2013; appoint Peter Jochimsen, 1010 Woodlawn, to fill an unexpired term, effective July 1, 2010, ending September 1, 2013; and appoint Matt Lincoln, 715 Caroline Ave., to fill atwo-year term January 1, 2010 -December 31, 2011 for Regina representative. The Mayor declared the motion carried. The Mayor noted no applications were received for the following Boards and Commissions and all will be readvertised: Airport Zoning Brd of Adjustment -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 Official Actions May 10, 2010 Page 8 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.] Moved and seconded to adjourn meeting 9:45 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Matthew J. Hayek, Mayor s/Marian K. Ka~rr/, City Clerk ~~,; c~~ Submitted for publica ion - 5/18/10. 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 MAY 10, 2010 Iowa City City Council special meeting, 6:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Staff members present: Helling, Dilkes, Karr, Fosse, Long, Davidson, Morris, Hightshoe. Moved by Wright, seconded by Champion, to adjourn to executive session to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. The minutes and the tape recording of a session closed under this paragraph (Real Estate) shall be available for public examination when the transaction discussed is completed. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried and adjourned into executive session 6:02 p.m. Council returned to open session 6:09 p.m. Moved by Wilburn, seconded by Wright, to adjourn special meeting 6:09 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 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 File 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. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk