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HomeMy WebLinkAbout2010-07-12 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 JULY 12, 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, Moran, Robertson, Hargadine, Davidson, O'Malley, Panos. The Mayor proclaimed Americans with Disabilities Week - July 18-24, 2010, Keith Ruff, Access 2 Independence accepting. A presentation was made by Mayor Hayek to Coach Mike Parker and members of the West High State Champions Girls Track & Field Team; and to Coach Brad Stiles and members of the West High State Champion Boys Soccer Team. Mayor Hayek also congratulated the soccer teams from City High and Regina on their great seasons. Moved by Champion, seconded by Dickens, 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. June 14, Special Council Formal Official and Complete; June 14, Special Council Work Session; June 15, Regular Council Formal Official and Complete; June 15, Special Council Work Session; June 30, Joint Meeting, Special Council Work Session. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). Human Rights Commission -May 18, 2010; Senior Center Commission -April 22, 2010; Board of Adjustment -May 12, 2010; Parks and Recreation Commission - May 12, 2010; Airport Commission -May 20, 2010; Telecommunications Commission - May 24, 2010; Housing and Community Development Commission -April 15, 2010; Planning and Zoning Commission -May 20, 2010; Public Art Advisory Committee - May 6, 2010; Public Art Advisory Committee -June 4, 2010. Permit Motions and Resolutions as recommended by the City Clerk. New: Class C Liquor License for Hildago, Inc., dba EI Cactus Authentic Mexican Cuisine, 1921 Keokuk St. (Revised staff memo recommending approval distributed.) Renewal: Class C Liquor License for Firewater, LLC, dba Firewater, 347 S. Gilbert St.; Class C Liquor License for Weekes-Van Eck Post #3949 Veterans of Foreign Wars dba Weekes-Van Eck Post #3949, 609 Highway 6 East; Class C Beer Permit for Walgreen Co., dba Walgreens #5077, 2214 Muscatine Ave.; Class C Liquor License for Dublin Underground, Inc., dba Dublin Underground, 5 S. Dubuque St.; Special Class C Liquor License for D & E Restaurant, Inc., dba Z'Mariks Noodle Cafe, 19 S. Dubuque St.; Class E Liquor License for John's Grocery, Inc., dba John's Grocery, Inc., 401 E. Market St.; Class C Beer Permit for WEMCOR, LLC, dba La Reyna Grocery Store, 1937 Keokuk St.; Class C Liquor License for Roy L. Chopek/Walter L. Bud Ott, Post #17, dba American Legion, Roy L. Chopek Post #17, 3016 Muscatine Avenue; Class B Beer Permit for Jimmy Jack's, Inc., dba Jimmy Jack's Rib Shack, Complete Description July 12, 2010 Page 2 1940 Lower Muscatine Rd.; Outdoor Service Area for Jimmy Jack's, Inc., dba Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd. Class E Liquor License for Hartig Drug Co., Inc., dba Hartig Drug Store #10, 701 Mormon Trek Blvd.; Class C Liquor License for David L. Alberhasky dba Dave's Foxhead Tavern, 402 E. Market St.; Special Class C Liquor License for P & M Restaurant, Inc., dba Sushi Popo, 725 Mormon Trek Blvd.; Class C Liquor License for Pub Gal, Inc., dba IC Uglys, 210 N. Linn St.; Class C Liquor License for I.C. Mill Associates, LLC, Mill Restaurant, 120 E. Burlington St.; Outdoor Service Area for I.C. Mill Associates, LLC, Mill Restaurant, 120 E. Burlington St.; RES. 10-324, TO ISSUE DANCING PERMIT for I.C. Mill Associates, LLC, Mill Restaurant, 120 E. Burlington St.; Class C Beer Permit for Kmart Corporation, dba Big Kmart #4315, 901 Hollywood Blvd. Motions. Approve disbursements in the amount of $9,463,299.36 for the period of May 1 through May 31, 2010, as recommended by the Finance Director subject to audit. Public Hearing: Set a public hearing for August 17, 2010 regarding an amendment to 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). Resolutions: RES. 10-325, 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 207 BRENTWOOD DRIVE, IOWA CITY, IOWA; RES. 10-326, 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 3 THISTLE COURT, IOWA CITY, IOWA; RES. 10-327, 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 2440 TOWNCREST DRIVE, IOWA CITY, IOWA; RES 10-328, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2035 WESTERN ROAD, IOWA CITY, IOWA; RES. 10-329, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 718 WALNUT STREET, IOWA CITY, IOWA; RES. 10-330, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE, A REHABILITATION AGREEMENT, AND A STATEMENT OF LIFE LIEN FOR THE PROPERTY LOCATED AT 416 DOUGLAS COURT, IOWA CITY, IOWA; RES. 10- 331,AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2409 ASTER AVENUE, IOWA CITY, IOWA; RES. 10-332, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RESALE AND OCCUPANCY AGREEMENT REGARDING THE PROPERTY LOCATED AT 2409 ASTER AVENUE, IOWA CITY, IOWA; RES. 10-333, Complete Description July 12, 2010 Page 3 ACCEPTING THE WORK FOR THE 404 HAZARD MITIGATION PROPERTY ACQUISITION DEMOLITIONS PROJECT; RES. 10-334, ACCEPTING THE WORK FOR THE SALT STORAGE FACILITY OAKLAND CEMETERY PROJECT; RES. 10- 335, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND THE UNITED WAY OF JOHNSON COUNTY; RES. 10- 336, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND THE CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY; RES. 10-337, ACCEPTING TWO SCULPTURES CREATED BY VALERY KOVALEV OF ANTON CHEKHOV AND ANNA AKMATOVA AS A GIFT FROM HOWARD HORAN AND STEPHEN DEWEY TO THE CITY OF IOWA CITY, IOWA; RES. 10-338, ACCEPTING TWO SCULPTURES CREATED BY VALERY KOVALEV OF ARTHUR AND MARY JO SMALL AND FAMILY AS A GIFT FROM ARTHUR SMALL TO THE CITY OF IOWA CITY, IOWA; RES. 10-339, AUTHORIZING THE CITY MANAGER TO SIGN A MEMORANDUM OF AGREEMENT WITH THE IOWA DEPARTMENT OF HUMAN SERVICES FOR A SUMMER SUBSIDIZED EMPLOYMENT PROGRAM AT THE ANIMAL CONTROL AND ADOPTION CENTER. Correspondence. Acting Traffic Engineering Planner regarding Removal of (1) NO PARKING HERE TO CORNER sign and installation of (1) STOP sign on the northeast corner of the intersection of South Linn Street and East Harrison Street; Acting Traffic Engineering Planner regarding Installation of (1) STOP sign at the northeast corner of the intersection of Highland Court and South Gilbert Court; JCCOG Traffic Engineering Planner regarding Installation of (2) STOP signs on the northwest and southeast corners of the easternmost intersection of Wintergreen Drive and Jamie Lane, (1) STOP sign on the southeast corner of Wintergreen Drive and Richmond Lane, and (1) STOP sign on the southeast corner of the westernmost intersection of Wintergreen Drive and Jamie Lane; JCCOG Traffic Engineering Planner regarding Establishment of a 6 AM - 12 PM Farmer's Market Saturday TOW- AWAY ZONE for the metered parking spaces on the north side of the 400 block of East Washington Street; Mike Heilman regarding Gnat Complaint [staff response included]; Brad McCusker regarding Traffic Noise; Mitchell Swanson regarding Refueling assistance for drivers with disabilities [staff response included]; Beatrice Boltz regarding Boy's & Girl's Club for South East Side of Iowa City; Jim Surratt regarding 9-5 shift steadily vanishes; Kate Coyle regarding Nuclear Weapons Free Zone; Caroline Dieterle regarding City of Ann Arbor Phosphorus Ordinance and Lawn Fertilizers; Ron Fournier regarding NWS Cedar River @ Cedar Rapids River Forecast; Claire Perlman regarding Interview for the Daily Iowan; Mary Kay Adams regarding Properly tax issue; Theodore Lensing regarding Ped Mall Smoking Ban. The Mayor declared the motion carried. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Cindy Roberts, 2034 Grantwood St., thanked Council for efforts in dealing with neighborhood issues and concerns. Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at Complete Description July 12, 2010 Page 4 which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 10-4396, REZONING APPROXIMATELY 24.35 ACRES LOCATED. WEST OF MORMON TREK BOULEVARD, SOUTH OF HIGHWAY 1, AND ADJACENT TO THE CITY VIEW DRIVE FROM HIGHWAY COMMERCIAL (CH-1) TO INTENSIVE COMMERCIAL (CI- 1) (REZ10-00008 Billion), be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by Mims, 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. The Mayor asked for any ex parte communications and none were reported. Moved by Wilburn, seconded by Wright, to accept correspondence from David Larsen. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, 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. 10-4397, AMENDING THE IOWA CITY ZONING CODE, SECTION 14-4E-8, NONCONFORMING DEVELOPMENT, 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 Bailey, 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 Wright, seconded by Bailey, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 10-4398, 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, 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 Champion, seconded by Bailey, to defer indefinitely 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. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Dickens, to defer indefinitely the resolution approving the preliminary plat of Moss Green Urban Village, Iowa City, Iowa, (SUB10-00005). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description July 12, 2010 Page 5 A public hearing was held on a resolution instituting proceedings to take additional action for the issuance of not to exceed $5,405,000 General Obligation Bonds, Series 2010. Finance Director O'Malley present for discussion. Moved by Wilburn, seconded by Wright, to adopt RES. 10-340, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $5,405,000 GENERAL OBLIGATION BONDS, SERIES 2010. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds, Series 2010. Finance Director O'Malley present for discussion. Moved by Bailey, seconded by Wilburn, to adopt RES. 10-341, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS, SERIES 2010. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds, Series 2010. Finance Director O'Malley present for discussion. Moved by Wright, seconded by Mims, to adopt RES. 10-342, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS, SERIES 2010. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution instituting proceedings to take additional action for the issuance of not to exceed $665,000 General Obligation Bonds, Series 2010. No one appeared. Moved by Bailey, seconded by Wilburn, to adopt RES. 10-343, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $665,000 GENERAL OBLIGATION BONDS, SERIES 2010. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Wright, to adopt RES. 10-344, DIRECTING SALE OF $7,420,000 GENERAL OBLIGATION BONDS, SERIES 20106. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Bailey, to approve a Tax Exemption Certificate authorizing and providing for the issuance of $7,420,000 General Obligation Bonds, Series 20106, and levying a tax to pay said bonds. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wright, seconded by Dickens, to approve a Continuing Disclosure Certificate authorizing and providing for the issuance of $7,420,000 General Obligation Bonds, Series 20106, and levying a tax to pay said bonds. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Mims, seconded by Champion, to adopt RES. 10-345, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $7,420,000 GENERAL OBLIGATION BONDS, Complete Description July 12, 2010 Page 6 SERIES 20106, AND LEVYING A TAX TO PAY SAID BONDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on an ordinance amending Title 3, entitled "City Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the City Code to increase or change certain solid waste charges. Finance Director O'Malley present for discussion. Moved by Wright, seconded by Mims, that the ordinance amending Title 3, entitled "City Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the City Code to increase or change certain solid waste charges, 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 approving plans, specifications, form of contract, and estimate of cost for the construction of the Parks Department Maintenance Facility 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 Champion, seconded by Mims, to adopt RES. 10-346, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PARKS DEPARTMENT MAINTENANCE FACILITY 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. Moved by Bailey, seconded by Champion, to consider repeal of referred measure as proposed by citizen referendum: Now, therefore be it resolved that Ordinance No. 10-4388, which amended the bar entry age from nineteen (19) years of age to the "legal age", which is currently twenty-one (21) years of age, be repealed. The Mayor declared the motion defeated, 1/6, with the following division of roll call vote: Ayes: Bailey. Nays: Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Moved by Champion, seconded by Wilburn, to accept correspondence from John Deeth, Brandt Heitman, Elizabeth Kopriva. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Mims, seconded by Dickens, to adopt RES. 10-347, AUTHORIZING AND DIRECTING THE JOHNSON COUNTY AUDITOR TO PLACE THE QUESTION OF WHETHER TO REPEAL ORDINANCE NO. 10-4388, WHICH AMENDED THE BAR ENTRY AGE FROM NINETEEN (19) YEARS OF AGE TO THE "LEGAL AGE", WHICH IS CURRENTLY TWENTY-ONE (21) YEARS OF AGE, BEFORE THE QUALIFIED ELECTORS OF THE CITY OF IOWA CITY, IOWA AT THE GENERAL ELECTION ON NOVEMBER 2, 2010. Affirmative roll call vote unanimous, 7/0, all Council Members present. Moved by Bailey, 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. 10-4399 AMENDING TITLE 3, "FINANCES, TAXATION AND FEES", CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES", SECTION 3, "POTABLE WATER USE AND SERVICE", be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. Complete Description July 12, 2010 Page 7 The Mayor declared the motion carried. Moved by Bailey, seconded by Mims, 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 Champion, seconded by Mims, that ORD. 10-4400, 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 passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wright, seconded by Bailey, to adopt RES. 10-348, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY DOGPAC FOR JOINT MAINTENANCE OF AND SHARING REVENUES GENERATED FROM THE THORNBERRY AND RITA'S RANCH OFF-LEASH DOG PARKS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Dickens, to defer indefinitely 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 Mims, to adopt RES. 10-349, APPROVING A CONTRACT WITH THE NATIONAL DEVELOPMENT COUNCIL (NDC) FOR SERVICES TO ENABLE REDEVELOPMENT PROJECTS IN IOWA CITY. 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. 10-350, RESCINDING THE 2007 COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM FOR DRUGS AND ALCOHOL AND ESTABLISHING A NEW COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Wright, to adopt RES. 10-351, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A COMMERCIAL PROPERTY LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SOUTHGATE DEVELOPMENT SERVICES LLC FOR THE LEASE AND OCCUPATION OF PROPERTY LOCATED AT SUITE 1067 HIGHWAY 6 EAST (PEPPERWOOD PLAZA), IOWA CITY, IOWA FOR THE PURPOSE OF INSTALLING AND OPERATING AN IOWA CITY POLICE DEPARTMENT SUBSTATION. Police Chief Hargadine present for discussion. The following individuals appeared: Joelyn Brandon, 1102 Hollywood Blvd # 15; Theresa McKenzie, 2511 Aster Ave.; Kenya Badgett, 1929 Lakeside Dr.; and Henri Harper. 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 Bailey, seconded by Dickens, to adopt RES. 10-352, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A TRANSFER AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE JOINT EMERGENCY COMMUNICATION SERVICES ASSOCIATION OF JOHNSON COUNTY (JECSA) FOR THE TRANSFER OF ACCRUED VACATION AND SICK LEAVE OF FORMER IOWA CITY EMPLOYEES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Complete Description July 12, 2010 Page 8 Moved by Wright, seconded by Champion, to adopt RES. 10-353, CONCERNING MEDIACOM COMMUNICATIONS CORPORATIONS' 2010 UPDATING OF RATES FOR BASIC CABLE SERVICES. 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. 10-354, AUTHORIZING THE CITY MANAGER TO SIGN AN APPLICATION FOR I-JOBS II GRANT FUNDS TO BUILD A LEVEE BETWEEN MCCOLLISTER BOULEVARD AND CRANDIC RAILROAD ALONG THE WEST SIDE OF THE IOWA RIVER. 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. 10-355, AWARDING CONTRACT to Feldman Concrete for $152,926.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FY 2010 SIDEWALK INFILL PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Wright, to adopt RES. 10-356, AWARDING CONTRACT to LL Pelting Company for $2,199,318.22 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FY 2011 ASPHALT RESURFACING PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Bailey, to adopt RES. 10-357, AWARDING CONTRACT to Price Industrial Electric for $737,130.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE PENINSULA FLOOD MITIGATION IMPROVEMENTS PROJECT. 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. 10-358, AWARDING CONTRACT to All American Concrete for $192,410.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE BOWERY STREET BRICK REPAIR PROJECT. 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. 10-359, AWARDING CONTRACT Minger Construction, Inc. for $4,455,234.80 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 420T" STREET IMPROVEMENT PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Bailey, to adopt RES. 10-360, 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 SHOEMAKER & HAALAND PROFESSIONAL ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE BUTLER BRIDGE PEDESTRIAN TRAIL 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. 10-361, ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING Complete Description July 12, 2010 Page 9 THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES, as amended. Moved by Wright, seconded by Dickens, to defer until August 17 the assessments for 808 E. Davenport St. and 2360 Willowbrooke Ln. The Mayor declared the motion to defer 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 as amended. Moved by Wright, seconded by Wilburn, to accept correspondence from Robert Crane and Sorauyah Hamilton, Fern Davis. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Dickens, to make the following appointments to Boards and Commissions: reappoint Holly Hart, 228 S Summit, #C-6 and appoint Scott Dragoo, 910 S. Dodge Street, #1, for two vacancies to the Housing and Community Development Commission for three-year terms September 1, 2010 -September 1, 2013; appoint Harry Olmstead, 1951 Hannah Jo Court, to the Human Rights Commission for an unexpired term, effective August 1, 2010 -January 1, 2013. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] The Mayor noted the remaining vacancy for the Housing and Community Development Commission for three-year term September 1, 2010 -September 1, 2013, will be readvertised. The Mayor noted the previously announced vacancies: Airport Zoning Brd of Adjustment for an unexpired term, effective upon appointment, plus afive-year term January 1, 2007 -December 31, 2011; Airport Zoning Brd of Adjustment for afive-year term January 1, 2009 -December 31, 2013; Airport Zoning Commission for asix-year term January 1, 2006 -December 31, 2011; Airport Zoning Commission for asix-year term January 1, 2010 -December 31, 2015; Appeals, Board for afive-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Police Citizens Review Board for an unexpired term, effective upon appointment, ending September 1, 2012; Youth Advisory Commission for a two-year term, January 1, 2009 -December 31, 2010 for (1) person from Tate High. Applications must be received by 5:00 p.m., Wednesday, August 11, 2010. Moved by Wright, seconded by Dickens, to reappoint Connie Champion to the Seats Paratransit Advisory Committee for atwo-year term July 1, 2010 -June 30, 2012, 2008. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Dickens reported he hosted the Friends of Hickory Hill and the Johnson County Heritage Trust who were trying to raise $40,000 to repair damage at Hickory Hill Park because of recent rains, and encouraged interested citizens to visit their website for details on helping; noting an individual had promised matching funds. Council Member Bailey thanked volunteers and staff for the great Jazz Festival and fireworks over the fourth of July week-end; and encouraged people to visit the Iowa City Book Festival website for details on events planned for Sunday, July 18. Mayor Pro tem Wilburn welcomed the new Iowa City School Supt Steve Murley and encouraged people to attend the welcome reception scheduled for July 13. Complete Description July 12, 2010 Page 10 Council Member Wright noted the Joint Emergency Communications Center went live on June 29. Council Member Champion referenced an article in the Des Moines Register regarding the Regency Trailer Park and stated the Park was in Johnson County and not in the City, and requested information on how the City does inspect trailer parks within the city limits. Mayor Hayek reported on a Metropolitan Coalition meeting /retreat he attended July 8 with Mayor Pro tem Wilburn and Interim City Manager Helling, noting Mayor Pro tem Wilburn is chair, and stated he felt Iowa City should continue to play a strong role in the group. Moved by Mims, seconded by Wilburn, to adjourn meeting 8:20 p.m. and return to work session. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Matthew J. Hay yor Mar K. Karr, City Clerk 4a 1 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost of this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 6/14/10 Iowa City City Council special meeting, 6:30 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 6:55 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 Jerk Subm~t d for /ublication - 6/16/2010. p ~~.®~r CITY OF IOWA CITY 4a(2 ~E Date: June 14, 2010 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, June 14, 2010, 6:55 PM in Emma J. Harvat Hall Council: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright UISG: Higgins Staff: Helling, Fosse, Dilkes, Karr, Davidson, Howard, Morris, O'Malley (After special formal meeting and executive session) (A complete transcription is available in the City Clerk's Office and the City website) LOCATION OF AFFORDABLE HOUSING [IP#2] Mayor Hayek reported that the City Attorney's office had received a document last Friday (material distributed in 6/7 Information Packet) from the Greater Housing Fellowship alleging illegal activity and discrimination with the City's housing decisions. After discussions with the City Attorney, and fellow Councilors, it has been decided the agenda item will not be discussed. City Atty. Dilkes noted that given the threat of litigation she advised members to not discuss the allegations with the Housing Fellowship or the community. LATE ADDITIONS Council agreed to the following revisions and/or additions to the formal agenda: - # 13a - (revision) awarding contract of the Senior Center Building Envelope Roof Repairs & membrane Replacement Project 2010 to Jim Giese Commercial Roofing, Inc. of Dubuque, la. - # 13b - (addition) approving and authorizing a short term lease agreement with the Horace Mann Before and After School Program (BASP) for the use of 435 South Linn Street for their Summer Program - # 13c - (addition) authorizing the City Manager and the Mayor to execute....all documents necessary to purchase two homes in the Parkview Terrace Subdivision with Community Disaster Grant Funds METROPOLITIAN COALITION LOBBYIST DAVID ADELMAN Mayor Pro tem Wilburn introduced Metropolitan Coalition Lobbyist David Adelman. Mr. Adelman presented information on his work with the Coalition and distributed the following: Legislative Report -End of Session Report Metropolitan Coalition 2010 Legislative Priorities (as of 11/17/09) David Adelman (Biography) Council Work Session June 14, 2010 Page 2 PLANNING AND ZONING ITEMS [b,c,f] PCD Dir. Davidson presented information on the following items: b) AMENDING THE IOWA CITY ZONING CODE, SECTION 14-4E-8, NONCONFORMING DEVELOPMENT. Associate Planner Howard presented an overview of the proposed amendment and a power point. c) 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. d) CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF MOSS GREEN URBAN VILLAGE, IOWA CITY, IOWA. (SUB10-00005) (DEFERRED FROM 6/1) COUNCIL APPOINTMENTS Historic Preservation Commission -Andrew Litton Senior Center -Rosamond Hanson AGENDA ITEMS 1. (Consent Calendar # 2c (7) -resolution approving cigarette permits) City Clerk Karr noted that all the establishments listed have made formal application for renewal. 2. (Consent Calendar # 2f (2) -letter from Shiela Knoploh-Odole re street maintenance) Council Members questioned street maintenance of bicycle lanes. PW Dir. & Interim Asst. City Manager Fosse outlined current practice and procedures, noting that streets are swept the entire year with two street sweepers; noting he was checking into the possibility renting, rather than purchasing, a sweeper. The matter will be discussed again at budget time. INFORMATION PACKET DISCUSSION [June 3 & 10] June 3~d Information Packet no discussion June 10th Information Packet 1. (IP19) Council Member Mims noted the May 12 Parks & Recreation Commission draft minutes and discussion of three parcels of land being considered for donating to the City; and questioned the process for acceptance of donated land. PCD Director Davidson present for discussion. 2. (IP18) Mayor Hayek questioned the substance of the request from John Mikelson.. Interim City Manager Helling will follow up with Mr. Mikelson and follow up with Mayor Hayek. Mayor Pro tem Wilburn cited a request to sign the Mayors Climate Protection Agreement when he was Mayor, and noted Council feedback and direction to proceed. Council Work Session June 14, 2010 Page 3 COUNCIL TIME None CITY MANAGER SEARCH Mayor Hayek noted the 6/7/10 "Recruitment Profile" distributed loose in Packet, and asked if Council would like to discuss that evening or wait session scheduled at 6:15 PM the following evening. Majority agreed to evening; and agreed to modify as follows: he 6/10 Information until a special work try and finalize that - Rewrite page 3 paragraph re Iowa City shops; mention vibrant downtown not stress shopping - Shorten entire document - Mention UNESCO City of Literature - Correct inaccuracies re School District - Correct misspelling of Procter & Gamble; delete General Mills - Page 3 mentions Iowa City Community Theater, have a number of community theaters, maybe use wording of "vibrant community theater scene" or "several community theaters" - Reword Jazz Festival description - Under "Issues and Opportunities", page 5, remove reference to review of zoning and building codes (third bullet); done every three years and carry over from last Profile - Add reference to state and federal dollars under flood control - Remove "tenured" under sixth bullet on page 8, replace with highly qualified and cohesive or established Majority agreed to have Council Member Bailey rewrite the Profile, submit to City Clerk Karr for other minor corrections and punctuation review, and then have copies distributed at the formal meeting on 6/15. The special work session scheduled for 6:15 will be rescheduled to after the formal meeting starting at 7PM. ACTION: Cancel 6:15 start time for special work session and adjourn to special work session at the end of the formal meeting. (Karr) BUDGET PRIORITIES None JOINT AGENDA ITEMS Council Member Champion stated she would not be present. Council Member Wright stated he was returning from a trip and was dependent on United Airlines on whether he would be attending. UISG Rep. Higgins expressed an interest in attending. No agenda items submitted. SUMMARY OF PENDING WORK SESSION ISSUES [IP#4] Majority agreed to add discussion of Economic Development Projects Update (Crossings / Towncrest) prior to budget discussion. City Atty. Dilkes stated she would try and have a memo prepared re affordable housing in July that mean an executive session be scheduled. Council Work Session June 14, 2010 Page 4 UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS 1. Council Member Dickens invited everyone to attend a Pathways fundraiser hosted by his daughter, Saturday evening, June 26 at the Elks. 2. Mayor Pro tem Wilburn noted the Metro Coalition (retreat) meeting scheduled for July 8 in Ames. DISCUSSION OF MEETING SCHEDULES [IP#5] City Clerk Karr stated she was preparing a draft meeting schedule for the remained of the year (September -December) and encouraged Council Members to provide Monday /Tuesday dates that would not work for meetings, or anytime they would be out of town. In addition to the regular meeting schedule she noted the special meeting to discuss the City Manager search on August 20, City Manager interviews the week of September 20th, and meeting with area legislators prior to the beginning of the session. The Parks & Recreation Commission has requested a joint meeting with the City Council to discuss affiliate agencies fees and August 16th was agreed upon. Council agreed to the following schedule for the KXIC Wednesday morning radio show: June 23 -Champion & Elliott June 30 -Dickens July 7 -Hayek July 14 -Mims July 21-Champion or Wright July 28 -Champion or Wright August 4 -Hayek Meeting adjourned 8:25 PM. 4a 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 for this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 6/15/10 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Staff members present: Helling, Fosse, Dilkes, Karr, Davidson, O'Brien, D. Brotherton, Morris, Scott. 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: June 1, Special Council Work Session; June 1, Regular Council Formal Official and Complete; June 4, Special Council Work Session. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Airport Commission -April 29, 2010; Airport Commission -April 15, 2010; Historic Preservation Commission -May 13, 2010; Parks and Recreation Commission -April 7, 2010. Permit Motions and Resolutions as Recommended by the City Clerk: Renewal: Class C Beer Permit for Kum & GO # 422, 513 S. Riverside Dr.; Class B Beer Permit for Pizza Hut # 4358, 1926 Keokuk St.; Class C Beer Permit for EI Paso the Mexican Store, 609 Hollywood Blvd.; Class C Liquor License for Wig & Pen Pizza Pub, 1220 Highway 6 West; Outdoor Service Area for Wig & Pen Pizza Pub, 1220 Highway 6 West; Class E Liquor License for CVS/Pharmacy #8547, 2425 Muscatine Ave; RES. 10-303, TO ISSUE CIGARETTE PERMITS. Public Hearings: RES. 10-304, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $5,405,000 GENERAL OBLIGATION BONDS, SERIES 2010, (FOR AN ESSENTIAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 10-305, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS, SERIES 2010, (FOR A GENERAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 10-306, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS, SERIES 2010, (FOR A GENERAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 10-307, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $665,000 GENERAL OBLIGATION BONDS, SERIES 2010, (FOR A GENERAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 10-308, DIRECTING THE ADVERTISEMENT FOR SALE OF $7,420,000 GENERAL OBLIGATION BONDS, SERIES 20106, AND APPROVING ELECTRONIC BIDDING PROCEDURES; RES. 10-309, SETTING A PUBLIC HEARING FOR JULY 12, 2010, Official Actions June 15, 2010 Page 2 ON AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," ARTICLE 5 ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE RESIDENTIAL SOLID WASTE COLLECTION FEES; RES. 10-310, SETTING A PUBLIC HEARING ON JULY 12, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PARKS DEPARTMENT MAINTENANCE FACILITY 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. Resolutions: RES. 10-311, ACCEPTING THE WORK FOR THE COMMUNITY DISASTER GRANT DEMOLITIONS PROJECT -CONTRACT 2; RES. 10-312, ACCEPTING THE WORK FOR THE 404 HAZARD MITIGATION PROPERTY ACQUISITION DEMOLITIONS PROJECT -CONTRACT 2; RES. 10-313, ACCEPTING THE WORK FOR THE COMMUNITY DISASTER GRANT DEMOLITIONS PROJECT -CONTRACT 1; RES. 10-314, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A RESALE AGREEMENT FOR THE PROPERTY LOCATED AT 2449 ASTER AVENUE, IOWA CITY, IOWA; RES. 10-315, 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 237 BRENTWOOD DRIVE, IOWA CITY, IOWA; RES. 10-316, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 101 LINDEMANN DRIVE, IOWA CITY, IOWA. Correspondence: Letter from the DTA regarding solicitation ordinance (This letter was included in the June 3, 2010 Information Packet); Sheila Knoploh-Odole regarding Street maintenance; Cindy Roberts regarding Thank you from the Iowa City Neighborhood Council; Jim Knapp (X2) regarding Storm sewer; Patrick Dolan regarding Cameras on ped mall; Joyce Barker, Jane Klitzka regarding Affordable Housing [Distributed at 6/14 Work Session]. The Mayor declared the motion carried. Caleb Brown, 5 S. Johnson St., expressed concerns about downtown Iowa City / Pedestrian Mall as a result of the recently passed panhandler and smoking ordinances. A public hearing was held on an ordinance rezoning approximately 24.35 acres located West of Mormon Trek Boulevard, South of Highway 1, and adjacent to the City View Drive from Highway Commercial (CH-1) to Intensive Commercial (CI-1) (REZ10-00008). Dave Larsen, representing the applicant, appeared. Moved and seconded that the ordinance rezoning approximately 24.35 acres located west of Mormon Trek Boulevard, South of Highway 1, and adjacent to the City View Drive from Highway Commercial (CH-1) to Intensive Commercial (CI-1), be given first vote. The Mayor declared the motion carried. A public hearing was held on an ordinance amending the Iowa City Zoning Code, Section 14-4E-8, Nonconforming Development. Official Actions June 15, 2010 Page 3 Moved and seconded that the ordinance amending the Iowa City Zoning Code, Section 14-4E-8, Nonconforming Development, be given first vote. The Mayor declared the motion carried. A public hearing was held 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. Moved and seconded that the 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, be given first vote. The Mayor declared the motion carried. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote to be waived, and that ORD. 10- 4395, REZONING APPROXIMATELY 1.66 -ACRES OF LAND FROM COUNTY AGRICULTURAL (C-AG) TO INSTITUTIONAL PUBLIC (P2) ZONE FOR PROPERTY LOCATED AT 4265 OAK CREST HILL ROAD SE (REZ10-00002), be voted for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to accept correspondence from Sandra Steil. The Mayor declared the motion carried. Moved and seconded to defer to July 12 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). The Mayor declared the motion carried. Moved and seconded to defer to July 12 the resolution approving the preliminary plat of Moss Green Urban Village, Iowa City, Iowa (SU610-00005). The Mayor declared the motion carried. A hearing was held on renewal of a Class C Liquor License for 808 Restaurant & Night Club, Inc. dba 808 Restaurant & Night Club, Inc., 121 Iowa Avenue. The following individuals appeared: Atty. Matthew Adam, representing 808 Restaurant & Night Club; Owner Robert Uchida, 808 Restaurant & Night Club. Moved and seconded to deny in accordance with staff recommendation Class C Liquor License for 808 Restaurant & Night Club, Inc. dba 808 Restaurant & Night Club, Inc. 121 Iowa Avenue. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 3, "Finances, Taxation and Fees", Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties", Section 3, "Potable Water Use and Service". Moved and seconded that the ordinance amending Title 3, "Finances, Taxation and Fees", Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties", Section 3, "Potable Water Use and Service", be given first vote. The Mayor declared the motion carried. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the 420th Street 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. Official Actions June 15, 2010 Page 4 Moved and seconded to adopt RES. 10-317, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 420TH STREET 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 Peninsula Flood Mitigation 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. 10-318, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PENINSULA FLOOD MITIGATION 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 Bowery Street Brick Repair Project - Summit Street to Clark Street, 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. 10-319, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BOWERY STREET BRICK REPAIR PROJECT -SUMMIT STREET TO CLARK STREET, 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 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 second vote. The Mayor declared the motion carried. Moved and seconded to defer to July 12 the 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. Moved and seconded to adopt RES. 10-320, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE LANDFILL STAGE 1 CELL CONSTRUCTION PROJECT. Moved and seconded to adopt RES. 10-321, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SENIOR CENTER BUILDING ENVELOPE ROOF REPAIRS AND MEMBRANE REPLACEMENT PROJECT 2010. Moved and seconded to adopt RES. 10-322, APPROVING AND AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A SHORT TERM LEASE AGREEMENT WITH THE HORACE MANN BEFORE AND AFTER SCHOOL PROGRAM (BASP) FOR THE USE OF 435 SOUTH LINN STREET FOR THEIR SUMMER PROGRAM. Moved and seconded to adopt RES. 10-323, AUTHORIZING THE CITY MANAGER AND THE MAYOR TO EXECUTE, AND THE CITY CLERK TO ATTEST, ALL DOCUMENTS NECESSARY TO PURCHASE TWO HOMES IN THE PARKVIEW TERRACE SUBDIVISION WITH COMMUNITY DISASTER GRANT FUNDS. Official Actions June 15, 2010 Page 5 Moved and seconded to make the following appointments to Boards and Commissions: appoint Andrew Litton, 331 N. Van Buren, to the Historic Preservation Commission for an At-Large position, to fill an unexpired term, effective upon appointment, ending March 29, 2011; appoint Rosamond Hanson, 320 E. Washington Street, #8C, to the Senior Center Commission to fill an unexpired term, effective upon appointment, ending December 31, 2011. The Mayor declared the motion carried. The Mayor noted no applications were received for the following Boards and Commissions and all will be readvertised: Airport Zoning Brd of Adjustment for an unexpired term, effective upon appointment, plus afive-year term January 1, 2007 -December 31, 2011; Airport Zoning Brd of Adjustment for afive-year term January 1, 2009 -December 31, 2013; Airport Zoning Commission for asix-year term January 1, 2006 -December 31, 2011; Airport Zoning Commission for asix-year term January 1, 2010 -December 31, 2015; Appeals, Board of for afive-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Youth Advisory Commission for Tate High for atwo-year term January 1, 2009 -December 31, 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 previously announced vacancies: Housing and Community Development Commission for three vacancies for 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. The Mayor announced the current vacancy: Police Citizens Review Board for an unexpired term, effective upon appointment, ending September 1, 2012. Applications must be received by 5:00 p.m., Wednesday, August 11, 2010. Moved and seconded to accept correspondence from Janie Braverman. The Mayor declared the motion carried. Moved and seconded to adjourn meeting 8:00 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 Attes : s/Marian K. K rr, ity Clerk ~~- `~"~ ~~~~ ~ y~~ Submitted for publication - 6/23/10. r ~~~„®~~ CITY OF IOWA CITY 4a4 E~C)RA Date: June 15, 2010 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, June 15, 2010, 8:00 PM in Emma J. Harvat Hall Council: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright UISG Rep: Higgins Staff: Helling, Dilkes, Fosse, Karr (A complete transcription is available in the City Clerk's Office and the City website) CITY MANAGER SEARCH Hand out • Draft 6/15/10 Iowa City -City Manager Recruitment Profile Council reviewed the draft submitted by Council Member Bailey and City Clerk Karr. After discussion, majority agreed to the version submitted with one change. On page 5, Job Requirements, adding "preferred" after "....a graduate degree in public administration or related field". STAFF ACTION: Revise and send to Bob Slavin for distribution. (Karr) Meeting adjourned 8:20 PM. 4a 5 Joint Meeting Johnson County Board of Supervisors City of Iowa City City of Coralville City of North Liberty Iowa City Community School Board Wednesday, June 30, 2010 North Liberty Community Center Minutes Introductions. Elected officials present: Johnson County Supervisors - Janelle Rettig, Rod Sullivan, Terrence Neuzil, Pat Harney, Sally Stutsman; City of Iowa City - Ross Wilburn, Matt Hayek, Terry Dickens, Susan Mims, Regenia Bailey, Elliott Higgins; City of Coralville - Jim Fausett, Bill Hoeft; City of North Liberty -Tom Salm, Gerry Kuhl, Coleen Chipman BrianWayson; Iowa City Community School Board -Patti Fields, Tuyet Dorau; and city of Tiffin -Royce Phillips. Others present included Dale Helling, Ryan Heiar, Ellen Habel, Rick Fosse, Marian Karr, Nick Bergus, John Yapp, Andy Johnson and other interested parties. Redistricting Summary. ~ICCSDI. School Board member Fields presented an update regarding the year of redistricting. A third high school of some fashion will be constructed when the sixth grade class reaches 925-950 students. Garner Elementary is opening this fall. In 2012, students that attend Lincoln and Hills Elementary will attend City High unless they have siblings at West High or are already students at West. Camp Cardinal Road school boundaries will be determined in the next year. A committee regarding elementary equity has been formed. A committee regarding the repurposing of Roosevelt Elementary has been created. The opening of the Camp Cardinal school has been put off one year. Incoming Superintendent. (ICCSD) Superintendent Plugge's last day was last Friday. Superintendent Steve Murley starts tomorrow. On July 13, 2010, a welcome reception will be held at the Central Administration Office from 4 - 6 p.m. Summer Programming for at Risk Children. (ICCSD) Pearson and ACT put together a pilot program for this summer. Roosevelt, Kirkwood, Grant Wood and Twain were all included in the pilot for summer programming and transitioning back to school in the fall. North Liberty Road. ~,Tohnson County) Supervisor Stutsman stated that North Liberty Road north of Dubuque Street needs to be upgraded. She asked if there would be any cooperation from North Liberty to address the road. It is the County's policy to not upgrade roads when they abut a city. Mayor Salm reported that the city's street plan considers this an arterial. There are no City plans to upgrade the road at this time. Stutsman asked if there could be a cooperative effort between the City and County to upgrade the road like Oakdale Boulevard with Coralville. Salm asked Stutsman to contact Ryan Heiar to begin the conversation. Neuzil stated it looked like there was some progress with North Liberty and Coralville coming up with a fringe area agreement. John Yapp of JCCOG was asked about the study of the roadway (south of Dubuque Street). Yapp reported that the data was all gathered, but JCCOG is waiting for the settlement of the annexation issue for determination of development density. The School Board was asked about the building of an elementary. The School owns the land, but does not have plans to develop. If the school is not built, the land can go back to the Scanlons. A County resident presented the elected officials with census and traffic volume information and asked for the City of North Liberty to participate in the upgrade of the roadway. Consideration of~joint~urchasinS for local governmental entities. (Tohnson Countvl. Supervisor Sullivan reported that Linn County has a purchasing manager on staff that makes bulk purchases for several entities. He asked if there was interest in pursuing joint purchasing in Johnson County. State contracts were discussed. Expansion to all communities in Johnson County was presented. Iowa City School District and the City of Iowa City both expressed interest. Sullivan encouraged any other interested entity to contact him. Tustice Center update. .Tohnson Countvl. Supervisor Neuzil presented a Justice Center update. The County is looking to acquire property adjacent to the existing courthouse to construct a new Justice Center, courthouse and jail, that would be connected either on the side or behind. Over 200 inmates are the responsibility of Johnson County each day. Of that 200, 116 are housed out of county. The cost is X4,700 per day or X1.735 million per year. The county is composing a committee of police, elected officials, and staff to put together a plan for the Justice Center. TIGER II grant for trails. (.Tohnson County). Supervisor Rettig indicated the County is interested in creating a bicycle trail from Coralville through Tiffin to Kent Park and eventually to the Iowa County line. The County is working with JCCOG and Sherri Proud (Coralville) to draft a TIGER II grant application for funds to construct the trail halfway to Kent Park on land already owned/available to Coralville, Tiffin and Johnson County. She reported that for every $1 spent installing trails, the immediate economic impact is a ~3 return. Iowa City is a Bronze in Bike Friendly Communities. Coralville is applying this year. Councilor Wilburn thanked the Supervisors for expanding the trail system. With the connection to Linn County, Johnson County trails will be a part of the Cedar Valley Trail system. Toint Emergency Communications Center update. (.Tohnson Countvl. Supervisor Harney reported that the JECC is operational. There are glitches that are being worked out. The entire system will be fully functional and operational in October. The Chamber's Local Government Affairs committee will be meeting there on 2nd Tuesday of July at 7:30 a.m. Small tours with notice can be provided. With the new system, storm sirens will be tested on the first Wednesday of each month instead of Monday. Next Meeting Date & Host. Iowa City will host the next meeting on October 20, 2010 at 4:30 p.m. The group discussed expanding the group to include the Clear Creek Amana School Board and Tiffin. Adjourn. The meeting was adjourned at 5:30 p.m. 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 JUNE 14, 2010 Iowa City City Council special meeting, 6:30 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Staff present: Davidson, Dilkes, Karr, Morris, Howard, Fosse. Moved by Mims, seconded by Wright, 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 6:32 p.m. Council returned to open session 6:54 p.m. Moved by Champion, seconded by Mims to adjourn special meeting 6:55 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 JUNE 15, 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, O'Brien, D. Brotherton, Morris, Scott. 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: June 1, Special Council Work Session; June 1, Regular Council Formal Official and Complete; June 4, Special Council Work Session. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Airport Commission -April 29, 2010; Airport Commission -April 15, 2010; Historic Preservation Commission -May 13, 2010; Parks and Recreation Commission -April 7, 2010. Permit Motions and Resolutions as Recommended by the City Clerk: Renewal: Class C Beer Permit for Kum & Go, LC, dba Kum & GO # 422, 513 S. Riverside Dr.; Class B Beer Permit for NPC International, Inc., dba Pizza Hut # 4358, 1926 Keokuk St.; Class C Beer Permit for EI Paso Tienda y Taqueria, Inc., dba EI Paso the Mexican Store, 609 Hollywood Blvd.; Class C Liquor License for GFP, Inc., dba Wig & Pen Pizza Pub, 1220 Highway 6 West; Outdoor Service Area for GFP, Inc., dba Wig & Pen Pizza Pub, 1220 Highway 6 West; Class E Liquor License for Iowa CVS Pharmacy, LLC, dba CVS/Pharmacy #8547, 2425 Muscatine Ave; RES. 10-303, TO ISSUE CIGARETTE PERMITS. Public Hearings: RES. 10-304, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $5,405,000 GENERAL OBLIGATION BONDS, SERIES 2010, (FOR AN ESSENTIAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 10-305, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS, SERIES 2010, (FOR A GENERAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 10-306, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS, SERIES 2010, (FOR A GENERAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 10-307, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $665,000 GENERAL OBLIGATION BONDS, SERIES 2010, (FOR A GENERAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF Complete Description June 15, 2010 Page 2 IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 10-308, DIRECTING THE ADVERTISEMENT FOR SALE OF $7,420,000 GENERAL OBLIGATION BONDS, SERIES 20106, AND APPROVING ELECTRONIC BIDDING PROCEDURES; RES. 10-309, SETTING A PUBLIC HEARING FOR JULY 12, 2010, ON AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," ARTICLE 5 ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE RESIDENTIAL SOLID WASTE COLLECTION FEES; RES. 10-310, SETTING A PUBLIC HEARING ON JULY 12, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PARKS DEPARTMENT MAINTENANCE FACILITY 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. Resolutions: RES. 10-311, ACCEPTING THE WORK FOR THE COMMUNITY DISASTER GRANT DEMOLITIONS PROJECT -CONTRACT 2; RES. 10-312, ACCEPTING THE WORK FOR THE 404 HAZARD MITIGATION PROPERTY ACQUISITION DEMOLITIONS PROJECT -CONTRACT 2; RES. 10-313, ACCEPTING THE WORK FOR THE COMMUNITY DISASTER GRANT DEMOLITIONS PROJECT -CONTRACT 1; RES. 10-314, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A RESALE AGREEMENT FOR THE PROPERTY LOCATED AT 2449 ASTER AVENUE, IOWA CITY, IOWA; RES. 10-315, 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 237 BRENTWOOD DRIVE, IOWA CITY, IOWA; RES. 10-316, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 101 LINDEMANN DRIVE, IOWA CITY, IOWA. Correspondence: Letter from the DTA regarding solicitation ordinance (This letter was included in the June 3, 2010 Information Packet); Sheila Knoploh-Odole regarding Street maintenance; Cindy Roberts regarding Thank you from the Iowa City Neighborhood Council; Jim Knapp (X2) regarding Storm sewer; Patrick Dolan regarding Cameras on ped mall; Joyce Barker, Jane Klitzka regarding Affordable Housing [Distributed at 6/14 Work Session]. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Caleb Brown, 5 S. Johnson St., expressed concerns about downtown Iowa City / Pedestrian Mall as a result of the recently passed panhandler and smoking ordinances. A public hearing was held on an ordinance rezoning approximately 24.35 acres located West of Mormon Trek Boulevard, South of Highway 1, and adjacent to the City View Drive from Highway Commercial (CH-1) to Intensive Commercial (CI-1) (REZ10-00008 Billion). PCD Dir. Davidson presented a power point. Dave Larsen, representing the Complete Description June 15, 2010 Page 3 applicant, appeared. The Mayor asked Council Members to disclose any ex parte communications, and none were reported. Moved by Bailey, seconded by Dickens, that the ordinance rezoning approximately 24.35 acres located west of Mormon Trek Boulevard, South of Highway 1, and adjacent to the City View Drive from Highway Commercial (CH-1) to Intensive Commercial (CI-1 ), be given first vote (Billion). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance amending the Iowa City Zoning Code, Section 14-4E-8, Nonconforming Development. PCD Dir. Davidson present for discussion. No one appeared. Moved by Champion, seconded by Bailey, that the ordinance amending the Iowa City Zoning Code, Section 14-4E-8, Nonconforming Development, 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 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. PCD Dir. Davidson present for discussion. No one appeared. Moved by Mims, seconded by Wright, that the 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, 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 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 to be waived, and that ORD. 10-4395, REZONING APPROXIMATELY 1.66 -ACRES OF LAND FROM COUNTY AGRICULTURAL (C-AG) TO INSTITUTIONAL PUBLIC (P2) ZONE FOR PROPERTY LOCATED AT 4265 OAK CREST HILL ROAD SE (REZ10-00002), be voted 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 Bailey, seconded by Wright, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wilburn, seconded by Bailey, to accept correspondence from Sandra Steil. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Wilburn, to defer to July 12 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). PCD Dir. Davidson present for discussion, and noted item should also be deferred later in the agenda. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description June 15, 2010 Page 4 Moved by Wright, seconded by Bailey, to defer to July 12 the resolution approving the preliminary plat of Moss Green Urban Village, Iowa City, Iowa (SUB10-00005). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A hearing was held on renewal of a Class C Liquor License for 808 Restaurant & Night Club, Inc. dba 808 Restaurant & Night Club, Inc., 121 Iowa Avenue. The following individuals appeared: Atty. Matthew Adam, representing 808 Restaurant & Night Club; Owner Robert Uchida, 808 Restaurant & Night Club; and Police Sgt. Brotherton. Moved by Wright, seconded by Champion, to deny in accordance with staff recommendation Class C Liquor License for 808 Restaurant & Night Club, Inc. dba 808 Restaurant & Night Club, Inc. 121 Iowa Avenue. 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 an ordinance amending Title 3, "Finances, Taxation and Fees", Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties", Section 3, "Potable Water Use and Service". Public Works Dir. & Acting Asst. City Manager Fosse presented information. Moved by Mims, seconded by Wright, that the ordinance amending Title 3, "Finances, Taxation and Fees", Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties", Section 3, "Potable Water Use and Service", 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 approving plans, specifications, form of contract, and estimate of cost for the construction of the 420th Street 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 Mims, to adopt RES. 10-317, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 420T" STREET 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 Peninsula Flood Mitigation 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 Wilburn, seconded by Wright, to adopt RES. 10-318, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PENINSULA FLOOD MITIGATION 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. Complete Description June 15, 2010 Page 5 A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Bowery Street Brick Repair Project - Summit Street to Clark Street, 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. 10-319, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BOWERY STREET BRICK REPAIR PROJECT -SUMMIT STREET TO CLARK STREET, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. 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 second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Mims, to defer to July 12 the 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 Wilburn, seconded by Dickens, to adopt RES. 10-320, AWARDING CONTRACT to Connolly Construction, Inc. for $4,690,386.48 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE LANDFILL STAGE 1 CELL CONSTRUCTION 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. 10-321, AWARDING CONTRACT to Jim Giese Commercial Roofing, Inc. for $ 122,800.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SENIOR CENTER BUILDING ENVELOPE ROOF REPAIRS AND MEMBRANE REPLACEMENT PROJECT 2010. 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. 10-322, APPROVING AND AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A SHORT TERM LEASE AGREEMENT WITH THE HORACE MANN BEFORE AND AFTER SCHOOL PROGRAM (BASP) FOR THE USE OF 435 SOUTH LINN STREET FOR THEIR SUMMER PROGRAM. 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. 10-323, AUTHORIZING THE CITY MANAGER AND THE MAYOR TO EXECUTE, AND THE CITY CLERK TO ATTEST, ALL DOCUMENTS NECESSARY TO PURCHASE TWO HOMES IN THE PARKVIEW TERRACE SUBDIVISION WITH COMMUNITY DISASTER GRANT FUNDS. Affirmative roll Complete Description June 15, 2010 Page 6 call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Dickens, to make the following appointments to Boards and Commissions: appoint Andrew Litton, 331 N. Van Buren, to the Historic Preservation Commission for an At-Large position, to fill an unexpired term, effective upon appointment, ending March 29, 2011; appoint Rosamond Hanson, 320 E. Washington Street, #8C, to the Senior Center Commission to fill an unexpired term, effective upon appointment, ending December 31, 2011. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted no applications were received for the following Boards and Commissions and all will be readvertised: Airport Zoning Brd of Adjustment for an unexpired term, effective upon appointment, plus afive-year term January 1, 2007 -December 31, 2011; Airport Zoning Brd of Adjustment for afive-year term January 1, 2009 -December 31, 2013; Airport Zoning Commission for asix-year term January 1, 2006 -December 31, 2011; Airport Zoning Commission for asix-year term January 1, 2010 -December 31, 2015; Appeals, Board of for afive-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Youth Advisory Commission for Tate High for atwo-year term January 1, 2009 -December 31, 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 previously announced vacancies: Housing and Community Development Commission for three vacancies for 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. The Mayor announced the current vacancy: Police Citizens Review Board for an unexpired term, effective upon appointment, ending September 1, 2012. Applications must be received by 5:00 p.m., Wednesday, August 11, 2010. Moved by Champion, seconded by Wilburn, to accept correspondence from Janie Braverman. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Mayor Hayek congratulated area soccer teams on their seasons and state championships; and announced that Iowa City was recently ranked as the community with the second highest volunteerism rate in the country. Mayor Pro Tem Wilburn encouraged citizens to attend the June teeth ceremony planned for Saturday, June 19 at the Old Capitol Town Center commemorating the end of slavery. Council Member Wright reminded everyone of the community open house planned at the Joint Emergency Communication Center on Saturday, June 19. Council Member Bailey congratulated area soccer teams, and the Summer of the Arts for a terrific Arts Fest; and reminded everyone to attend the Pride Festival June 19-20. Council Member Dickens noted Herteen & Stocker was sponsoring the Friday Night Concert Series starting at 6:30 in front of the Sheraton. Complete Description June 15, 2010 Page 7 Interim City Manager Helling noted media reports regarding the School of Music relocating and stated City representatives are meeting regularly with the developer and the University and more information will be provided as details become available. Moved by Wilburn, seconded by Mims, to adjourn meeting 8:00 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk