HomeMy WebLinkAbout2010-10-26 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040.
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City Council Agenda cIT o iOWAcITY
Special Formal
October 26, 2010 - 7:00 p.m.
City Hall - Harvat Hall
410 E. Washington Street
www.icgov.org
ITEM 1. CALL TO ORDER. ~ c~•a~ T I/n~a~
ROLL CALL.
ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS -Mark Twain Elementary
a) Ricardo Corrales
b) Bradley Greenlee
c) Dashun Jordan
ITEM 3. PROCLAMATIONS.
a) Extra Mile Day -November 1, 2010
b) }Hunger and Homelessness Awareness Week - Nov 4-20, 2010
~~~~ ~~
ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
a) Approval of Council Actions, subject to corrections, as recommended by
the City Clerk.
1. October 11, Special Council Work Session
2. October 11, Special Council Formal Official and Complete
3. October 11, Special Council Formal Official and Complete
b) Receive and File Minutes of Boards and Commissions (any
recommendations contained in minutes become effective only upon
separate Council action).
1. Police Citizens Review Board: September 14, 2010
2. Board of Adjustment: September 8, 2010
3. Historic Preservation Commission: September 9, 2010
4. Planning and Zoning Commission: September 16, 2010
5. Senior Center Commission: July 15, 2010
6. Airport Commission: September 23, 2010
7. Airport Commission: September 16, 2010
8. Airport Commission: August 19, 2010
9. Human Rights Commission: September 21, 2010
~~;,®,~ CITY OF IOWA CITY
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TO: Mayor, City Council, General Public
FROM: City Clerk
RE: October 26 Agenda -Additions 8~ R__ evision
ITEM 3c Proclamation (Addition)
Change Your Clock, Change Your Battery Day -November 7, 2010
Consent Calendar
ITEM 4g (11) (Addition) MaryAnn Dennis: Location of Affordable Housing
*~****
ITEM 6j (Addition) CONSIDER A RECOMMENDATION TO THE JOHNSON COUNTY BOARD OF
ADJUSTMENT FOR APPROVAL OF A TEMPORARY CONDITIONAL USE PERMIT FORS &
G MATERIALS TO ALLOW ASPHALT AND CONCRETE RECYCLING AND STORAGE AT
THEIR EXISTING SAND MINING SITE LOCATED GENERALLY WEST OF THE IOWA RIVER
AND EAST OF OAK CREST HILL ROAD (CU10-00001).
Comment: At its October 21, 2010 meeting, by a vote of 5-0 (Freerks absent, Busard recused),
the Planning and Zoning Commission recommended approval of this temporary conditional use
permit, with the conditions noted in the staff memo. Staff recommended approval in a memo
dated October 21, 2010.
ITEM 19 (Revised) CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION
OF THE TERRY TRUEBLOOD RECREATION AREA PHASE 2 IMPROVEMENTS PROJECT.
Comment: Bids for this project were opened on Thursday, October 21, 2010 and the following
bids were received:
Base Bid Alternate 1
Tricon General Construction Dubuque,lA $ 1,187,000.00 $ 5,089.00
McComas Lacina Const. Iowa City, IA $ 1,233,277.00 $ 10,000.00
Wendler Construction South Amana, IA $ 1,305,317.00 $ 21,545.00
Engineer's Estimate $ 1,330,500.00
Parks & Recreation recommend awarding the contract; including Alternate 1, to Tricon General
Construction of Dubuque, Iowa in the amount of $1,192,089.00. The project will be funded with a
REAP grant of $200,000 and the remainder from General Obligation bond proceeds.
October 26, 2010 City of Iowa City Page 2
c) Permit Motions and Resolutions as Recommended by the City Clerk.
Renewal:
1. Class C Liquor License for HMDS, Inc., dba Grizzly's South Side Pub,
1210 Highland Ct.
2. Class C Liquor License for Old Capitol Brew Works and Public House,
LLC, dba Old Capitol Brew Works and Public House, 525 S. Gilbert St.
3. Outdoor Service area for Old Capitol Brew Works and Public House,
LLC, dba Old Capitol Brew Works and Public House, 525 S. Gilbert St.
4. Class C Liquor License for Jobsite, LLC, dba Jobsite, 928 Maiden Ln.
5. Class C Liquor License for Caffrey, Inc., dba DC's, 124 S. Dubuque St.
6. Class E Liquor License for Wal-Mart Stores, Inc., dba Wal-Mart Store
#1721, 1001 Hwy 1 W.
7. Class C Liquor License for Christian Retirement Services, Inc., dba
Oaknoll Retirement Residence, 1 Oaknoll Ct.
8. Class B Beer Permit for Pit Smokehouse, LLC, dba Pit Smokehouse,
130 N. Dubuque St.
d) Motions.
CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT
OF $13,168,704.67 FOR THE PERIOD OF SEPTEMBER 1 THROUGH
SEPTEMBER 30, 2010, AS RECOMMENDED BY THE FINANCE DIRECTOR
SUBJECT TO AUDIT. DISBURSEMENTS ARE PUBLISHED AND
PERMANENTLY RETAINED IN THE CITY CLERK'S OFFICE IN
ACCORDANCE WITH STATE CODE.
October 26, 2010 City of Iowa City Page 3
e)
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Public Hearing.
1. CONSIDER A RESOLUTION RELATING TO THE ISSUANCE OF NOT
TO EXCEED $2,400,000 IN AGGREGATE PRINCIPAL AMOUNT OF
MIDWESTERN DISASTER AREA REVENUE BONDS (EPS
PROPERTIES LLC PROJECT) SERIES 2010, OF THE CITY OF IOWA
CITY, IOWA; AND SPECIFICALLY (1) DECLARING INTENT TO
REIMBURSE EXPENDITURES FROM PROCEEDS OF SAID BONDS;
(2) FIXING A DATE FOR A PUBLIC HEARING ON NOVEMBER 30,
2010 ON THE PROPOSAL TO ISSUE SAID BONDS; AND
(3) DIRECTING PUBLICATION OF NOTICE OF INTENTION TO
ISSUE SAID BONDS.
Comment: Under Iowa Code chapter 419, a city may issue a special
limited obligation revenue bond and agree to loan the proceeds of the
bond to a private business for a qualifying project. The obligation of the
Issuer is limited and the obligation on the bond is not an indebtedness
of the Issuer within the meaning of any debt limit, nor does it constitute
or give rise to a pecuniary liability of the Issuer or become a charge
against its general credit or taxing powers. By participating in a
Midwestern Disaster Area bond financing, the City of Iowa City provides
an opportunity for a business project to be realized at a lower cost of
financing. Any expense of the City with respect to a bond financing is
paid by the borrower, in this case, EPS Properties LLC. The building
will be occupied by Eye Physicians and Surgeons, L.L.P. in the
Northgate Corporate Park. Staff memorandum and additional
correspondence included in Council packet.
ic_ ~ 4y 2. CONSIDER A RESOLUTION SETTING PUBLIC HEARING FOR
NOVEMBER 16, 2010, ON A PROPOSAL TO CONVEY A SINGLE
FAMILY HOME LOCATED AT 416 DOUGLASS COURT.
Comment: The grant for the UniverCity Neighborhood Partnership
Program allows the City to purchase twenty-five rental units located in
designated neighborhoods surrounding the University, rehabilitate them
with up to $50,000 in grant funds, and then sell them to income-eligible
buyers. Under the UniverCity Neighborhood Partnership Program, the
City proposes to sell 416 Douglass Court. The amount of the sale will be
$84,500 (this is what the City paid to purchase the home) plus the
"carrying costs," which are all costs incurred by the City to acquire the
home, maintain it and sell it, including abstracting and recording fees,
interest on the loan to purchase the home, mowing and snow removal,
utilities, real estate taxes, and any costs in excess of $50,000 to repair
and rehabilitate the home.
October 26, 2010 City of Iowa City Page 4
. f) Resolutions.
~~ - ~~}~ 1. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
2010 SUMMER SIDEWALK REPAIR PROJECT.
Comment: The project has been completed in substantial accordance
with the plans and specifications. The Engineer's Report and
Performance and Payment bonds are on file with the City Engineer.
Staff memorandum included in Council packet.
~~ - ~ ~1 b 2. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
PEDESTRIAN MALL BRICK REPAIR PROJECT.
Comment: The project has been completed in substantial accordance
with the plans and specifications. The Engineer's Report and
Performance and Payment bonds are on file with the City Clerk.
Reference staff memorandum included with previous item.
o -- ~ ~- ~ 3. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
SANITARY SEWER AND WATER MAIN PUBLIC IMPROVEMENTS
FOR JJR DAVIS ADDITION.
Comment: See Engineer's Report.
i~%--- y ~} z~ 4. CONSIDER A RESOLUTION 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 1042 OXEN LANE, IOWA CITY, IOWA.
Comment: Hills Bank and Trust Company has requested that the City
approve a Subordination Agreement for property at 1042 Oxen Lane. In
2009, the owner of the property received a Mortgage from the City of
Iowa City. The property has enough equity to cover the City's lien
position.
i~-- y ~-I `~ 5. CONSIDER A RESOLUTION 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 309 COLLEGE
COURT, IOWA CITY, IOWA.
Comment: University of Iowa Community Credit Union has requested
that the City approve a Subordination Agreement for property at 309
College Court. In 2010, the owner of the property received a Mortgage
from the City of Iowa City. The property has enough equity to cover the
City's lien position.
October 26, 2010 City of Iowa City Page 5
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6. CONSIDER A RESOLUTION 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 1346 SHANNON
DRIVE, IOWA CITY, IOWA.
Comment: University of Iowa Community Credit Union has requested
that the City approve a Subordination Agreement for property at 1346
Shannon Drive. In 2010, the owner of the property received a Mortgage
from the City of Iowa City. The property has enough equity to cover the
City's lien position.
~ ~~ - ~ ~ I 7. CONSIDER A RESOLUTION 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 424 NORTH VAN
BUREN STREET, IOWA CITY, IOWA.
Comment: University of Iowa Community Credit Union has requested
that the City approve a Subordination Agreement for property at 424
North Van Buren Street. In 2000, the owners of the property received a
Mortgage from the City of Iowa City. The property has enough equity to
cover the City's lien position.
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8. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND IOWA VALLEY HABITAT FOR HUMANITY, AN IOWA
NONPROFIT CORPORATION FOR PROPERTY LOCATED AT 2449
ASTER, IOWA CITY, IOWA.
Comment: The City provided Iowa Valley Habitat for Humanity
(Habitat) funds to purchase a vacant lot at 2449 Aster Ave., and the
funding is secured by a mortgage. Habitat, in turn, has built a home
and sold it and also has provided a loan to the owners, which is secured
by a mortgage. Before the Iowa Finance Authority will release
additional funds to Habitat, the mortgage held by the City must be
subordinated to Habitat's mortgage. There is sufficient value in the
above-described real estate to secure the City as a second lien.
f C; ~ `f S3 9. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN
REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT
1909 DELWOOD DRIVE, IOWA CITY, IOWA.
Comment: The owner of the property located at 1909 Delwood Drive
received assistance through the City of Iowa City's Housing
Rehabilitation Program. The terms of the loan have been satisfied; thus
the lien needs to be released.
October 26, 2010 City of Iowa City Page 6
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10. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN
REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT
923 HIGHLAND AVENUE, IOWA CITY, IOWA.
Comment: The owner of the property located at 923 Highland Avenue
received assistance through the City of Iowa City's General
Rehabilitation and Improvement Program (GRIP). The loan has been
paid off; thus the lien needs to be released.
/~._ r~.~ra 11. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN
REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT
619 4th AVENUE, IOWA CITY, IOWA.
Comment: The owner of the property located at 619 4th Avenue
received assistance through the City of Iowa City's General
Rehabilitation and Improvement Program (GRIP). A loan has been paid
off; thus the lien needs to be released.
is _ '-} S b 12. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN
REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT
2458 ASTER AVENUE, IOWA CITY, IOWA.
Comment: The Iowa Valley Habitat for Humanity owns the property
located at 2458 Aster Avenue and received assistance though the City
of Iowa City's HOME Investment Partnership Funds. The HOME
assistance is secured by a mortgage on this property. Habitat is
conveying this property to a family. Because the family has executed a
mortgage in favor of the City to secure the HOME assistance, the City
can release this particular lot.
~ o - .t ~ ~r 13. CONSIDER A RESOLUTION TO APPROVE PAYMENT OF $1,500 TO
SHELTER HOUSE COMMUNITY SHELTER AND TRANSITIONAL
SERVICES FROM THE AID-TO -AGENCIES CONTINGENCY FUND
FOR AN UNPLANNED EXPENSE.
Comment: The annual budget for the fiscal year ending June 30,
2011 for Human Services Aid-to-Agencies was adopted on March 2,
2010 totaling $425,268, of which $9,318 was placed in a contingency
fund to be used for unexpected/unplanned expenses. Shelter House
Community Shelter and Transition Services has requested $1,500 to
help cover the cost (estimated at $7,000) of bed bug elimination at 331
North Gilbert Street and this resolution approves the allocation of
$1,500.
October 26, 2010 City of Iowa City Page ~
g) Correspondence.
1. Acting Traffic Engineering Planner: Installation of (2) NO PARKING
ANY TIME signs on the north side of the 600 block of Whiting
Avenue
2. City Engineer: Competitive Quotation Results
3. Cynthia Jewell: Taxes
4. Lonnie Bartel: Stoplight for Mormon Trek/Riverside [staff response
5. included]
Libris Fidelis: 21 only controversy filled with irrationality ~
6. Russell Haught: Olde Towne Village
7. Amber Miller: Patio dining area for The Hideaway Tavern & Grill CS~,FE r~r~ry
8. ~
Rev. Rudolph Juarez: Sanctuary City Ordinance ~~~ata3
9. Jennifer Price: Emma Goldman Clinic payment in lieu of taxes
10. Amy Correia: Juvenile Justice Youth Development Policy Board
END OF CONSENT CALENDAR.
-- ~~ir~,6~r7 /
ITEM 5. COM UNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] a~,~`~
Community Comment will be continued, if necessary, prior to "City Council Information"
item.
~~
ITEM 6. PLANNING AND ZONING MATTERS. (Items "b,d,f,h" will proceed as outlined in the
City Attorney's memo of 2/28/07 entitled "Rezonings, Due process and Ex parte
communications.")
a) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR NOVEMBER 30
ON A RESOLUTION FOR A VOLUNTARY ANNEXATION OF
APPROXIMATELY 1.85 ACRES OF PROPERTY LOCATED AT 4764 420T"
ST SE, JOHNSON COUNTY (ANN10-00004)
Comment: At its October 7 meeting, by a vote of 6-0 (Payne absent), the
Planning and Zoning Commission recommended approval of the proposed
annexation. Staff recommended approval in a report dated October 7, 2010.
Annexation of this property will allow the property to be incorporated into the
City of Iowa City for future industrial development.
Action:
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~! r®~ CITY OF 14WA CITY
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TO: Mayor, City Council, General Public
FROM: City Clerk
RE: October 26 Agenda -Additions 8~ Revision
ITEM 3c Proclamation (Addition)
Change Your Clock, Change Your Battery Day -November 7, 2010
Consent Calendar
ITEM 4g (11) (Addition) MaryAnn Dennis: Location of Affordable Housing
ITEM 6j (Addition) CONSIDER A RECOMMENDATION TO THE JOHNSON COUNTY BOARD OF
ADJUSTMENT FOR APPROVAL OF A TEMPORARY CONDITIONAL USE PERMIT FOR S 8~
G MATERIALS TO ALLOW ASPHALT AND CONCRETE RECYCLING AND STORAGE AT
THEIR EXISTING SAND MINING SITE LOCATED GENERALLY WEST OF THE IOWA RIVER
AND EAST OF OAK CREST HILL ROAD (CU10-00001).
Comment: At its October 21, 2010 meeting, by a vote of 5-0 (Freerks absent, Busard recused),
the Planning and Zoning Commission recommended approval of this temporary conditional use
permit, with the conditions noted in the staff memo. Staff recommended approval in a memo
dated October 21, 2010.
ITEM 19 (Revised) CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION
OF THE TERRY TRUEBLOOD RECREATION AREA PHASE 2 IMPROVEMENTS PROJECT.
Comment: Bids for this project were opened on Thursday, October 21, 2010 and the following
bids were received:
Base Bid Alternate 1
Tricon General Construction Dubuque,lA $ 1,187,000.00 $ 5,089.00
McComas Lacina Const. Iowa City, IA $ 1,233,277.00 $ 10,000.00
Wendler Construction South Amana, IA $ 1,305,317.00 $ 21,545.00
Engineer's Estimate
$ 1,330,500.00
Parks & Recreation recommend awarding the contract, including Alternate 1, to Tricon General
Construction of Dubuque, Iowa in the amount of $1,192,089.00. The project will be funded with a
REAP grant of $200,000 and the remainder from General Obligation bond proceeds.
October 26, 2010
City of Iowa City Page 8
b) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR NOVEMBER 30
ON AN ORDINANCE REZONING APPROXIMATELY 1.85 ACRES OF LAND
LOCATED AT 4764 420th STREET SE FROM COUNTY HEAVY INDUSTRIAL
(MH) TO GENERAL INDUSTRIAL(I-1 ). (REZ10-00012)
Comment: At its October 7 meeting, by a vote of 6-0 (Payne absent), the
Planning and Zoning Commission recommended approval of the proposed
rezoning. Staff recommended approval in a report dated October 7, 2010. The
proposed rezoning will allow the property to be developed for industrial uses.
Action:
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c) FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 207 ACRES OF
PROPERTY LOCATED EAST OF IOWA RIVER, SOUTH OF MCCOLLISTER
BOULEVARD, AND WEST OF SAND ROAD SE. (ANN10-00003)
Comment: At its October 7 meeting, by a vote of 6-0 (Payne absent), the
Planning and Zoning Commission recommended approval of the proposed
annexation. Staff recommended approval in a report dated October 7, 2010.
The land proposed for annexation is the Sand Lake area to be developed as a
public park-the Terry Trueblood Recreation Area. Staff report included in
Council packet.
1. PUBLIC HEARING
Action: ~~ GX'f~ ~ -
/U _ ¢~,~ 2. CONSIDER A RESOLUTION
Action:
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October 26, 2010 City of Iowa City Page
d) REZONING APPROXIMATELY 207 ACRES OF LAND LOCATED EAST OF
IOWA RIVER, SOUTH OF MCCOLLISTER BOULEVARD, AND WEST OF
SAND ROAD FROM COUNTY AGRICULTURAL RESIDENTIAL (AR) TO
NEIGHBORHOOD PUBLIC (P-1 ). (REZ10-00010)
Comment: At its October 7 meeting, by a vote of 6-0 (Payne absent), the
Planning and Zoning Commission recommended approval of the proposed
rezoning. Staff recommended approval in a report dated October 7, 2010. The
land proposed for rezoning is the Sand Lake area to be developed as a public
park-the Terry Trueblood Recreation Area. Please see staff report included
with previous item.
1. PUBLIC HEARING
Action: d ~~ c~-tc
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
e) AMENDING TITLE 14, CHAPTER 5, ARTICLE J. FLOODPLAIN
MANAGEMENT STANDARDS TO REGULATE THE 100 AND 500 YEAR
FLOODPLAIN AND ASSOCIATED CHANGES TO 14-9F FLOOD PLAIN
MANAGEMENT DEFINITIONS, 14-4B-2 VARIANCES AND 14-8B-5 FLOOD
PLAIN DEVELOPMENT PERMIT.
Comment: At its September 2 meeting, by a vote of 5-1 (Payne voting no,
Koppes absent), the Planning and Zoning Commission recommended approval
of these amendments. Staff recommended approval in a memorandum dated
June 14. Council continued the public hearing to the October 26 meeting to
provide time for the Iowa Department of Natural Resources (DNR) to comment
on the proposed amendments. Since Council's last meeting, Staff have
received comments from the DNR and have incorporated several minor
changes into the proposed ordinance amendments. The revised ordinance and
a staff memo explaining these minor changes are included in the packet.
PUBLIC HEARING (CONTINUED FROM 10/11)
Action:
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)(DEFERRED
FROM 10/11)
Action:
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October 26, 2010 City of Iowa City Page 10
f) CONSIDER AN ORDINANCE REZONING 175-ACRES OF LAND LOCATED
~D --yy o 8 ON 420TH STREET WEST OF TAFT AVENUE FROM GENERAL
INDUSTRIAL (11) AND INTERIM DEVELOPMENT -INDUSTRIAL (ID-I) TO
PLANNED DEVELOPMENT OVERLAY -GENERAL INDUSTRIAL (OPD-11 ).
(REZ10-00007/SUB10-00004) (SECOND CONSIDERATION)
Comment: At its September 2 meeting, by a vote of 6-0 (Koppes absent), the
Planning and Zoning Commission recommended approval of this rezoning.
Staff recommended approval in a report dated August 5. Approval will allow
this property to be developed with the Iowa City Industrial Campus, a 9-lot, 175-
acre industrial subdivision located along 420th Street, west of Taft Avenue.
Staff recommends expedited action.
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;;~ _ ,.~Sq g) CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF
THE IOWA CITY INDUSTRIAL CAMPUS, IOWA CITY, IOWA (SU610-00004).
Comment: At its September 2 meeting, by a vote of 6-0 (Koppes absent), the
Planning and Zoning Commission recommended approval. Staff recommended
approval in a report dated August 5 and a memo dated August 27, 2010.
Approval will allow development of a 9-lot, 175-acre industrial subdivision
located along 420th Street, west of Taft Avenue.
Action:
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October 26, 2010
City of Iowa City Page 11
h) CONSIDER AN ORDINANCE CONDITIONALLY REZONING
~~ ~ ~~aq 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) (SECOND CONSIDERATION)
Comment: At its April 15 meeting, by a vote of 6-0 (Koppes absent), the
Planning and Zoning Commission recommended approval of this rezoning for
Moss Green Urban Village. Staff recommended approval in reports dated April
1 and 9. Approval will allow this property to be developed with a mix of office,
residential and research development uses. The City Council held a public
hearing on this matter on May 10, 2010. (The staff report and associated
memos were included in the May 10 agenda packet). Subsequent to this
hearing, but before adoption of the proposed rezoning, additional wetlands
were identified on the site, so the item was deferred indefinitely by the City
Council pending appropriate revisions to the sensitive areas development plan,
preliminary planned development plan and plat. The applicant has made
substantive revisions and has submitted the new plans and plat for review and
approval. Staff recommended approval of these revisions in a memo dated
September 10, 2010. At its September 16 meeting, by a vote of 6-0 (Eastham
absent), the Planning and Zoning Commission recommended approval.
Applicant requests expedited action.
. Action: P .!/~G ~~G ®4~l// ~ ~~
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(p.- ,~.~- ~ ~ i) CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF
MOSS GREEN URBAN VILLAGE, IOWA CITY, IOWA. (SUB10-00005)
Comment: At its September 16 meeting, by a vote of 6-0 (Eastham absent), the
Planning and Zoning Commission recommended approval of the plat. Staff
recommended approval in a memo dated September 10, 2010. Approval will
allow development of a 18-lot subdivision, with 6 outlots, one of which will be
used for wetland mitigation, and 12 building lots for office research park and
mixed use development.
Action:
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~.!h®,~,~ CITY OF IOWA CITY
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TO: Mayor, City Council, General Public
FROM: City Clerk
RE: October 26 Agenda -Additions & Revision
ITEM 3c Proclamation (Addition)
Change Your Clock, Change Your Battery Day -November 7, 2010
Consent Calendar
ITEM 4g (11) (Addition) MaryAnn Dennis: Location of Affordable Housing
ITEM 6j (Addition) CONSIDER A RECOMMENDATION TO THE JOHNSON COUNTY BOARD~QF
ADJUSTMENT FOR APPROVAL OF A TEMPORARY CONDITIONAL USE PERMIT FORS
G MATERIALS TO ALLOW ASPHALT AND CONCRETE RECYCLING AND STORAGE AT
THEIR EXISTING SAND MINING SITE LOCATED GENERALLY WEST OF THE IOWA RIVER
AND EAST OF OAK CREST HILL ROAD (CU10-00001).
Comment: At its October 21, 2010 meeting, by a vote of 5-0 (Freerks absent, Busard recused),
the Planning and Zoning Commission recommended approval of this temporary conditional use
permit, with the conditions noted in the staff memo. Staff recommended approval in a memo
dated October 21, 2010. ~i r-1.5 ~/c ~J~ /O
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ITEM 19 (Revised) CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION
OF THE TERRY TRUEBLOOD RECREATION AREA PHASE 21MPROVEMENTS PROJECT.
Comment: Bids for this project were opened on Thursday, October 21, 2010 and the following
bids were received:
Base Bid Alternate 1
Tricon General Construction Dubuque,lA $ 1,187,000.00 $ 5,089.00
McComas Lacina Const. Iowa City, IA $ 1,233,277.00 $ 10,000.00
Wendler Construction South Amana, IA $ 1,305,317.00 $ 21,545.00
Engineer's Estimate $ 1,330,500.00
Parks & Recreation recommend awarding the contract, including Alternate 1, to Tricon General
Construction of Dubuque, Iowa in the amount of $1,192,089.00. The project will be funded with a
REAP grant of $200,000 and the remainder from General Obligation bond proceeds.
October 26, 2010 City of Iowa City Page 12
ITEM 7. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
ID - bbl 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
Comment: By Resolution No. 10-137, adopted on April 27, 2010, the City Council
approved and adopted an urban renewal plan for the area designated as the "Moss
Green Urban Village Urban Renewal Plan Area"; with stated objectives including the
revitalization and development of an economic development area in the City of Iowa
City. The City has received a proposal from Moss Green Development Corporation (the
Developer), in -the form of a proposed Agreement for Private Redevelopment (the
"Agreement") by and between the City and the Developer, pursuant to which, among
other things, the Developer would agree to construct certain Minimum Improvements on
certain real property located within the Moss Green Urban Village Urban Renewal Area ,
and upon completion of said Minimum Improvements, the Developer will be eligible for
Economic Development Grants. The Agreement further proposes that the City provide
up to twenty (20) consecutive annual Economic Development Grant payments, the total,
aggregate amount not to exceed the lesser of $15.3 million, fifty percent (50%) per fiscal
year of the Tax Increments collected by the City on the Development Property or the
actual evidenced costs of said minimum improvements, with said grants to commence
no later than June 1, 2015 and end on June 1, 2034, under the terms and following
satisfaction of the conditions set forth in the Agreement. This Resolution finds said
Development Agreement to be in the public interest and authorizes and directs the
Mayor and City Clerk to execute and record same. Staff memorandum included in
Council packet.
Action:
ITEM 8. AUTHORIZING THE CONVEYANCE OF A UTILITY EASEMENT TO TVfI[
ENERGY ACROSS THE WEST 10' OF THE VACATED BELDON AVENUE.
~~~
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ERICAN
Comment: MidAmerican Energy has asked for an underground utility easement across
the west 10' of the vacated Beldon Avenue, between Oakridge Avenue and Willis Drive.
MidAm has offered to pay $1,000 for this easement.
a) PUBLIC HEARING
Action:
tb~' ~{ b~ b) CONSIDER A RESOLUTION
Action:
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October 26, 2010 City of Iowa City Page 13
ITEM 9. RENEWAL OF A CLASS E LIQUOR LICENSE FOR SAUCE, INC. DBA SAUCE,
108 E. COLLEGE STREET.
Comment: In accordance with City Code sections 4-2-3 and 4-2-4 staff is
recommending the denial of the renewal application for the above mentioned
establishment for reasons identified in the memorandum from the Police Department.
The memo from the Police Chief providing information on the violations and
recommendation for denial is included in the Council Packet along with copies of
correspondence sent to the applicant /owner from the City Clerk's office.
a) HEARING(CONTINUED FROM 10/11)
Action:
b) CONSIDER A MOTION TO DENY IN ACCORDANCE WITH STAFF
RECOMMENDATION (D/EFERRED FROM 10/11) J
Action: ~ ~ X~S~ ~~ ~/,C~~-c:' ~~/~,
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ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH
AND SAFETY," CHAPTER 10, ENTITLED "SMOKE FREE PLACES," TO CHANGE
ID - ~.'~ I o _ THE VIOLATION FROM A MUNICIPAL INFRACTION TO A SIMPLE MISDEMEANOR.
(SECOND CONSIDERATION)
Comment: Smoking is currently prohibited in specific areas, such as City Plaza, aka
the ped mall, park areas, and the Farmers Market. The ordinance currently provides
that a violation is a municipal infraction. The Police Department has issued these
citations but would prefer to make the violation a simple misdemeanor. The impetus to
change from a civil to a criminal penalty is a practical one. Municipal citations require
the police to carry different forms with them and require the City to prepay the $85.00
filing fee. With simple misdemeanors the forms are the same as used for PAULAs and
non-traffic tickets and the $60.00 filing fee does not need to be prepaid. This
ordinance makes the penalty a scheduled $50.00 fine which is the same as the civil
penalty provided in the state code. Staff recommends expedited action.
Action:
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October 26, 2010 City of Iowa City Page 14
ITEM 11. CONSIDER AN ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES,
CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS
«- `f~'/ UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS,
SUBSECTION B, TO ADD A NEW SUBPARAGRAPH 6, AND TITLE 4, ALCOHOLIC
BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8,
PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED
ESTABLISHMENTS, SUBSECTION C, TO ADD A NEW SUBPARAGRAPH 5, TO
ALLOW THE CHIEF OF POLICE TO APPROVE SPLIT-PREMISES SPECIAL
EVENTS IN LIQUOR LICENSE ESTABLISHMENTS, PERMITTING ENTRY BY
THOSE UNDER LEGAL AGE INTO AN ALCOHOL-FREE PORTION OF THE
ESTABLISHMENT, WHILE STILL ALLOWING THE SERVICE AND POSSESSION
OF ALCOHOL TO THOSE OF LEGAL AGE IN A SEPARATE ALCOHOL-
PERMITTED PORTION OF THE ESTABLISHMENT. (SECOND CONSIDERATION)
Comment: Allows for the chief of police to approve special events whereby the
premises is split into alcohol-free and alcohol-permitted portions of the establishment.
The ordinance was amended to include a provision to allow for automatic repealing of
the ordinance if the 21 ordinance is repealed on November 2. Staff recommends
expedited action.
Action: i ~k-S ~ ~ ~Q ~ r ~ ~ O
„~ ~` 100
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ITEM 12. CONSIDER AN ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES,
,~~ - ~y~~. CHAPTER 1, DEFINITIONS, SECTION 1, DEFINITIONS, TO ADD DEFINITIONS FOR
THE TERMS "PERFORMER", "PROFESSIONAL LIGHT AND SOUND", AND
"SHOW", TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND
RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED
OR PERMITTED ESTABLISHMENTS, SUBSECTION B, TO ADD A NEW
SUBPARAGRAPH 7, AND TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5,
PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL
AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION C, TO ADD
A NEW SUBPARAGRAPH 6, TO ALLOW THE CHIEF OF POLICE TO CONSIDER
APPLICATIONS FOR ENTERTAINMENT VENUE STATUS AND ISSUE
ENTERTAINMENT VENUE EXCEPTION CERTIFICATES. (SECOND
CONSIDERATION)
Comment: Allows for the chief of police, or designee, to approve or deny applications
for "entertainment venue" status, based on criteria established by ordinance. The
ordinance was amended to include a provision to allow for automatic repealing of the
ordinance if the 21 ordinance is repealed on November 2. Staff recommends
expedited action.
Action:
SeG G,C9~"~r/ als« y
October 26, 2010 City of Iowa City Page 15
ITEM 13. CONSIDER A RESOLUTION APPROVING THE PROFESSIONAL LIGHT AND
Ib ~ ~~ 3 SOUND SPECIFICATION SHEET FOR ENTERTAINMENT VENUES.
Comment: As part of the new Entertainment Venue ordinance, Council must approve a
specification sheet for Professional Light and Sound. Entertainment Venues must meet
the minimum specifications for Professional Light and Sound as defined on the
Professional Light and Sound Specification Sheet.
Action:
ITEM 14. CONSIDER A RESOLUTION APPROVING PAULA RATIO STANDARDS FOR
~~ .._ ~.~ ,~ ENTERTAINMENT VENUES.
Comment: As part of the new Entertainment Venue ordinance, Council must approve a
PAULA ratio standard which must be met by all Entertainment Venues. Initially, the
standard will be set for .50 for the trailing twelve months, based on at least 10 bar
checks.
Action:
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ITEM 15. CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE
r`t`e- ~-Fb5 ACCOUNTING DIVISION OF THE FINANCE DEPARTMENT AND THE AFSCME
PAY PLAN BY ADDING ONE FULL-TIME GRANT ACCOUNTANT POSITION
(AFSCME GRADE 13).
Comment: This resolution recommends the addition of a full-time Grant Accountant
position in the Accounting Division. This position will accommodate the increased
work load due to the additional financial reporting requirements that are associated
with the multiple grants the City has been awarded through ARRA and I-JOBS stimulus
funding, flood related CDBG funds, as well as Economic Development assistance.
Staff memorandum included in Council packet.
Action:
ITEM 16. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
i.p - ~ b b CLERK TO ATTEST THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING
AGREEMENT FOR THE FIRST AVENUE GRADE SEPARATION PROJECT [STP-U
-3715(636)--70-52].
Comment: This agreement is for the Iowa Department of Transportation Surface
Transportation Program. This allows for the reimbursement of a maximum of either
80% of eligible project costs or $2,424,000, whichever is less.
Action:
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October 26, 2010 City of Iowa City Page 16
ITEM 17. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
~n_ :.~-~, 7 CLERK TO ATTEST THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING
AGREEMENT FOR THE LOWER MUSCATINE ROAD RECONSTRUCTION
PROJECT [STP-U-3715(637)--70-52].
Comment: This project will reconstruct Lower Muscatine Road from Kirkwood Avenue
to First Avenue and includes the installation of new pavement, intersection
signalization at Sycamore Street, sanitary sewer repairs, storm sewer, water main and
sidewalk. The agreement provides for Iowa DOT Surface Transportation Program
(STP) funding of $1.72 million, with a total estimated construction cost of $6.15 million.
The City's local share will be funded with a combination of General Obligation bond
and Road Use tax proceeds, water and wastewater user fees, and TIF funding.
Action: ~a/~~l ~ /%~
ITEM 18. CONSIDER A RESOLUTION AUTHORIZING THE
Ir ~- ~- bg INTERESTS NECESSARY FOR CONSTRUCTION
ROAD RECONSTRUCTION PROJECT.
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ACQUISITION OF PROPERTY
OF THE LOWER MUSCATINE
Comment: The City of Iowa City must acquire right-of-way, fee title, permanent
easements and/or temporary construction easements to construct the Lower
Muscatine Road Reconstruction Project. This project will reconstruct Lower Muscatine
Road from Kirkwood Avenue to First Avenue and includes the installation of new
pavement, intersection signalization at Sycamore Street, sanitary sewer repairs, storm
sewer, water main and sidewalk.
Action:
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ITEM 19. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA PHASE
TWO IMPROVEMENTS PROJECT.
~, Comment: ~ Bids for this oject will b opened on Thursday, October 21, 2010.
~° Parks & Recre ion will review a bids and a recommendation' ill be made to Council
~ ~~~ at their work ses 'on on Monda ,October 25, 010. The estim ed construction cost
`~~ is $1,330,500 and ill be funded ~th a REAP rant of $200,00 and the remainder
from General Obligati \ d procee
Action:
r
^~l~®r~ir~ CITY OF IOWA CITY
~'~`~ '~~~ N D U M
E~ORA
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: October 26 Agenda -Additions 8~ Revision
ITEM 3c Proclamation (Addition)
Change Your Clock, Change Your Battery Day -November 7, 2010
Consent Calendar
ITEM 4g (11) (Addition) MaryAnn Dennis: Location of Affordable Housing
******
ITEM 6j (Addition) CONSIDER A RECOMMENDATION TO THE JOHNSON COUNTY BOARD OF
ADJUSTMENT FOR APPROVAL OF A TEMPORARY CONDITIONAL USE PERMIT FOR S 8~
G MATERIALS TO ALLOW ASPHALT AND CONCRETE RECYCLING AND STORAGE AT
THEIR EXISTING SAND MINING SITE LOCATED GENERALLY WEST OF THE IOWA RIVER
AND EAST OF OAK CREST HILL ROAD (CU10-00001).
Comment: At its October 21, 2010 meeting, by a vote of 5-0 (Freerks absent, Busard recused),
the Planning and Zoning Commission recommended approval of this temporary conditional use
permit, with the conditions noted in the staff memo. Staff recommended approval in a memo
dated October 21, 2010. ----~
ITEM 19 (Revised) CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION
OF THE TERRY TRUEBLOOD RECREATION AREA PHASE 2 IMPROVEMENTS PROJECT.
Comment: Bids for this project were opened on Thursday, October 21, 2010 and the following
hills were received:
Tricon General Construction Dubuque,lA
McComas Lacina Const. Iowa City, IA
Wendler Construction South Amana, IA
Engineer's Estimate
Base Bid Alternate 1
$ 1,187,000.00 $ 5,089.00
$ 1,233,277.00 $ 10,000.00
$ 1,305,317.00 $ 21,545.00
$ 1,330,500.00
Parks & Recreation recommend awarding the contract, including Alternate 1, to Tricon General
Construction of Dubuque, Iowa in the amount of $1,192,089.00. The project will be funded with a
REAP grant of $200,000 and the remainder from General Obligation bond proceeds.
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October 26, 2010 City of Iowa City Page 17
ITEM 20. CONSIDER A RESOLUTION RATIFYING SETTLEMENT OF PENDING LITIGATION
IG' '~ lo~
Comment: Depending on discussion during executive session scheduled for the Special
Council Meeting of October 25, 2010, the City Council may pass a Resolution
Authorizing Settlement in Pending Litigation.
Ba;l ~f
Action: ~ ~~~
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ITEM 21. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa C~and be 18 years
of age unless specific qualifications are stated.
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a) Adjustment, Board of -One vacancy to fill afive-year term January 1, 2011 -
January 1, 2016. (Term expires for Le Ann Tyson)
b) Appeals, Board of -One vacancy to fill afive-year term January 1, 2011 -
December 31, 2015, for a Licensed Electrician. (Term expires for Matt
Neumiller)
d
c) Human Rights Commission -Three vacancies to fill three-year terms January
1, 2011 -January 1, 2014. (Term expired for Corey Stoglin, Yolanda Spears,
d) Parks & Recreation Com~'hission
January 1, 2011 -January 1, 2015
Gustaveson) .
• Two vacancies to fill four-year terms
(Term expires for David Bourgeois, Craig
e) Public Art Advisory Committee -Two vacancies to fill three-year terms January
1, 2011 -January 1, 2014. (Term expires for Annadora Khan, Jan Finlayson)
f) Senior Center Commission -Two vacancies to fill three-year terms January 1,
2011 -December 31, 20,13. (Term expires for Michael Lensing, Jay Honohan)
g) Youth Advisory Commission -Two vacancies to fill two-year terms January 1,
2011 -December 31, 2012. (Term expires for Luan Heywood, Zach Wahls)
One (1) person -City High
One (1) person -West High
October 26, 2010 City of Iowa City Page 18
ITEM 22. ANNOUNCEMENT OF VACANCIES. 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.]
Previous:
a) Airport Commission -One vacancy to fill an unexpired term, effective upon
appointment, ending March 1, 2013. (Greg Farris resigned)
b) Airport Zoninq Brd of Adiustment -One vacancy to fill an unexpired term,
effective upon appointment, plus afive-year term January 1, 2007 -December
31, 2011. (Carl Williams resigned).
c) Airport Zoninq Brd of Adiustment -One vacancy to fill afive-year term January
1, 2009 -December 31, 2013. (Term expires for Dennis Keitel).
d) Airport Zoning Commission -One vacancy to fill asix-year term January 1,
2006 -December 31, 2011. (Term expires for Mark Anderson).
e) Airport Zoninq Commission -One vacancy to fill asix-year term January 1,
2010 -December 31, 2015. (Term expires for Brian Sponcil)
f) Appeals. Board of -One vacancy to fill afive-year term January 1, 2009 -
December 31, 2013, for a Mechanical Professional. (Term expires for Tim
Fehr).
g) Police Citizens Review Board -One vacancy to fill an unexpired term, effective
upon appointment, ending September 1, 2012. (Angelina Blanchard-Manning
resigned) ,
h) Telecommunications Commission -One vacancy to fill an unexpired term,
effective upon appointment, ending March 13, 2011. (Robert Kemp resigned)
i) Youth Advisory Commission -One vacancy to fill an unexpired term, effective
upon appointment, ending December 31, 2011. (Gary Black resigned)
One (1) person - At Large
j) Youth Advisory Commission -One vacancy to fill atwo-year term
January 1, 2009 -December 31, 2010
One (1) person -Tate High
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, NOVEMBER 3, 2010.
k) Youth Advisory Commission -One vacancy to fill atwo-year term
January 1, 2011 -December 31, 2012
One (1) person -Tate High
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, DECEMBER 1, 2010.
October 26, 2010 City of Iowa City Page 19
ITEM 23. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
ITEM 24. CITY COUNCIL INFORMATION.
ITEM 25. REPORT ON ITEMS FROM CITY STAFF.
a) City Manager. - O '
b) City Attorney. _ p
c) City Clerk. , p ~
ITEM 26. ADJOURNMENT
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