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HomeMy WebLinkAbout2011-10-04 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 OCTOBER 4, 2011 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: Markus, Helling, Bentley, Andrew, Dilkes, Karr, Howard, Miklo, Ford, Nagle -Gamm, Howard. The Mayor presented Outstanding Student Citizenship Awards to Weber Elementary students: Meg Moreland, Dillon Doyle, Austin West. The Mayor proclaimed Fire Prevention Week — October 9 -15, 2011. Fire Lt. Tinnes accepting. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Wright, seconded by Bailey, that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as amended and to delete from the Consent Calendar and consider as a separate Item 4d(2) setting a hearing for a Self - Supporting Municipal Improvement District (SSMID): Approval of Council Actions, subject to corrections, as recommended by the City Clerk: September 19, Regular Council Work Session; September 20, Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Airport Commission - June 16, 2011; Airport Commission - July 21, 2011; Airport Commission - August 4, 2011; Airport Commission - August 25, 2011; Board of Adjustment - August 10, 2011; Housing and Community Development Commission - June 16, 2011; Human Rights Commission - August 16, 2011; Planning & Zoning Commission - September 1, 2011; Police Citizens Review Board - July 12, 2011. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Beer Permit for ND Express, Inc., dba North Dodge Express, 2790 N. Dodge St.; Class C Liquor License for Saloon of Iowa City, LC, dba The Saloon, 112 E. College St.; Class C Liquor License for Bread Garden of Iowa City, LC, dba Bread Garden Market and Bakery, 225 S. Linn St.; Outdoor Service Area for Bread Garden of Iowa City, LC, dba Bread Garden Market and Bakery, 225 S. Linn St.; Class C Liquor License for Blue Moose, Inc., dba Blue Moose, 211 Iowa Ave.; Class C Liquor License for Givanni's of Iowa City, Inc., dba Givanni's, 109 E College St.; Class C Liquor License for Mondo's of Iowa City, Inc., dba Joseph's Steakhouse, 212 S. Clinton St.; Class C Beer Permit for On the Go Convenience Stores, Inc., dba On the Go Convenience Stores, Inc., 2315 Muscatine Ave.; Class E Liquor License for Jason Caylor dba Liquor Downtown, 315 S. Gilbert St.; Class C Liquor License for Micky's of Iowa City, Inc., dba Micky's Irish Pub, 11 S. Dubuque St.; Class C Liquor License for Hilltop Tavern, Ltd., dba Hilltop Lounge, 1100 N. Dodge St.; Special Class C Liquor License for Angela, Inc., dba Masala, 9 S. Dubuque St.; Class C Beer Permit for HWZ, LLC, dba RJ'Z Express, 2 Escort Ln; RES. 11 -316 TO ISSUE CIGARETTE PERMIT. Setting Public Hearings: RES. 11 -317 SETTING PUBLIC HEARING FOR OCTOBER 18, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1208 EAST BURLINGTON STREET; RES. 11 -318, SETTING PUBLIC Complete Description October 4, 2011 Page 2 HEARING FOR OCTOBER 18, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 329 DOUGLASS COURT. RES. 11 -319, SETTING A PUBLIC HEARING ON OCTOBER 18, 2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COURT HILL TRAIL — PHASE THREE 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. 11 -320, ACCEPTING THE WORK FOR THE 420x" STREET IMPROVEMENTS PROJECT; RES. 11 -321, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2705 WHISPERING MEADOWS, IOWA CITY, IOWA; RES. 11 -322, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1107 CLARK COURT, IOWA CITY, IOWA; RES. 11 -323, ACCEPTING THE WORK FOR THE 2011 WALES STREET WATER MAIN IMPROVEMENTS PROJECT. Motions: Approve disbursements in the amount of $13,673,133.03 for the period of August 1 through August 31, 2011, as recommended by the Finance Director subject to audit. Correspondence: Traffic Engineering Planner regarding Installation of NO PARKING CORNER TO HERE signs on the south side of Market Street (300 Block); Traffic Engineering Planner regarding Installation of temporary traffic signals at the intersection of Melrose Avenue and the driveway located southwest of Kinnick Stadium; City Engr. regarding Final Acceptance of Public Improvements; City Engr. regarding Competitive Quotation Results; Letters from Nick Arp; Caroline Dieterle (x2) regarding Downtown Survey; Larry Aschbrenner regarding Sanctuary City; Frank Williams regarding Von Maur; Holly Bodin regarding Oakcrest Sidewalk Request; Bonnie Nolan regarding SGB Holdings, LLC [Staff response included]; Mary Knudson - Dion regarding Miller- Orchard Neighborhood Meeting with Superintendent Murley. Mayor Hayek stated he and Council Members Champion and Dickens would be abstaining due to a conflict of interest. Mayor Pro tem Wilburn now presiding. Moved by Bailey, seconded by Mims, to set a public hearing for November 1, 2011, on an ordinance creating a Self- Supporting Municipal Improvement District (SSMID) according to Iowa Code Chapter 386 for downtown Iowa City. The Mayor Pro tem declared the motion carried, 4/0/3, with the following division of roll call vote. Ayes: Bailey, Mims, Wilburn, Wright. Absent: None. Abstaining: Champion, Dickens, Hayek. Mayor Hayek now presiding. Anna Buss, 525 W. Benton, appeared regarding a neighborhood meeting where all neighbors were not notified concerning the sidewalk project on Miller /Hudson; and requested another meeting be scheduled and all neighbors affected be asked to attend. Staff will follow up. Moved by Bailey, seconded by Champion, to set a public hearing for October 18 on a resolution amending the Comprehensive Plan to change the land use designation from single family residential stabilization to Urban Commercial for property located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street and the MidAmerican substation located on the west side of Linn Street (CPA11- 0003). Complete Description October 4, 2011 Page 3 Moved by Champion, seconded by Dickens, to set a public hearing for October 18 on an ordinance conditionally rezoning approximately .34 -acres of land located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street and the MidAmerican substation located on the west side of Linn Street from neighborhood residential stabilization (RNS -12) to Central Business Service (CB -2) (REZ11- 00012). Moved by Wright, seconded by Mims, to set a public hearing for October 18 on an ordinance amending the Planned Development Overlay High Density Single Family (OPD /RS -12) Plan for 2.73 -acres of land located at 2785, 2829 and 2871 Heinz Road (REZ11- 00013). A public hearing was held on a resolution amending the Comprehensive Plan to adopt the Riverfront Crossings District - Sub -Area Plan. Sr. Planner Miklo presented a power point, and individual Council Members expressed their views. Moved by Bailey, seconded by Dickens, to adopt RES. 11 -325, AMENDING THE COMPREHENSIVE PLAN TO ADOPT THE RIVERFRONT CROSSINGS DISTRICT - SUB- AREA PLAN. A public hearing was held on an ordinance amending Title 14, Zoning Code, Paragraph 14- 4B- 4B -23, to modify the standards for vehicle repair uses in the Intensive Commercial Zone when located adjacent to a residential zone. Planner Howard present for discussion. Moved by Champion, seconded by Mims, that the ordinance amending Title 14, Zoning Code, Paragraph 14- 4B- 4B -23, to modify the standards for vehicle repair uses in the Intensive Commercial Zone when located adjacent to a residential zone, be given first vote. A public hearing was held on an ordinance amending Title 14, Zoning Code, Subsection 14 -4C -1 D, to clarify a cross - reference regarding off - street parking located on a separate lot from the use served and to delete Subparagraph 14- 2C- 413-3A., an obsolete provision regarding side and rear building setbacks in commercial zones. Planner Howard present for discussion. Moved by Mims, seconded by Dickens, that the ordinance amending Title 14, Zoning Code, Subsection 144C -1 D, to clarify a cross - reference regarding off - street parking located on a separate lot from the use served and to delete Subparagraph 14- 2C- 4B -3A., an obsolete provision regarding side and rear building setbacks in commercial zones, be given first vote. A public hearing was held on an ordinance amending Title 14, Zoning Code, Table 2c- 2(a), Section 14 -2C -6, Section 14 -2C -8, and Paragraph 14- 4B -4A -7, to establish dimensional and commercial site development standards in the Central Business Service (CB -2) Zone similar to standards applied in the other Central Business Zones, and to clarify and establish setback and entrance requirements, provide additional flexibility for parking location, and modify construction standards to accommodate upper floor commercial uses in mixed -use buildings in the Central Business Zones. Planner Howard present for discussion and individual Council Members expressed their views. Moved by Bailey, seconded by Mims, that the ordinance amending Title 14, Zoning Code, Table 2C -2(a), Section 14 -2C -6, Section 14 -2C -8, and Paragraph 14- 4B -4A -7, to establish dimensional and commercial site development standards in the Central Business Service (CB -2) Zone similar to standards applied in the other Central Business Zones, and to clarify and establish setback and entrance requirements, provide additional flexibility for parking location, and modify construction standards to accommodate upper floor commercial Complete Description October 4, 2011 Page 4 uses in mixed -use buildings in the Central Business Zones, be given first vote. Planner Howard present for discussion. A public hearing was held on an ordinance amending Title 14, Zoning Code, Paragraphs 2A -6C -4 and 4B -1A, to allow an applicant to seek a minor modification to the single family site development standard that establishes minimum driveway length. Planner Howard present for discussion. Moved by Wright, seconded by Mims, that the ordinance amending Title 14, Zoning Code, Paragraphs 2A -6C -4 and 4B -1A, to allow an applicant to seek a minor modification to the single family site development standard that establishes minimum driveway length, be given second vote. A public hearing was held on an ordinance amending Title 14, Zoning Code, Article 4A, Use Categories, to add a new use category entitled, "Building Trade Uses, "; and associated amendments to allow said building trade uses in the CI -1, 1 -1, and 1 -2 Zones as permitted uses and in the CC -2 Zone as provisional uses and to establish approval criteria for said provisional uses in Article 14 -413. Planner Howard present for discussion. Moved by Bailey, seconded by Mims, that the ordinance amending Title 14, Zoning Code, Article 4A, Use Categories, to add a new use category entitled, "Building Trade Uses, "; and associated amendments to allow said building trade uses in the CI -1, 1 -1, and 1 -2 Zones as permitted uses and in the CC -2 Zone as provisional uses and to establish approval criteria for said provisional uses in Article 14 -413, be given first vote. Moved by Bailey, seconded by Mims, that ORD. 11 -4445, REZONING APPROXIMATELY 10 ACRES OF LAND LOCATED AT 350 DUBLIN DRIVE FROM PLANNED DEVELOPMENT OVERLAY 8 (OPD -8) TO PLANNED DEVELOPMENT OVERLAY LOW DENSITY MULTI - FAMILY 12 (OPD -RM12) (REZ11- 00005), be passed and adopted. The Mayor asked for any ex parte communications, and none was reported. Moved by Champion, seconded by Dickens, that ORD. 11 -4446, AMENDING TITLE 14, ZONING CODE, ARTICLE 9A, GENERAL DEFINITIONS, TO CLARIFY THE DEFINITION OF ENLARGEMENT /EXPANSION AS IT RELATES TO ALCOHOL SALES - ORIENTED USES, be passed and adopted. Moved by Bailey, seconded by Mims, that ORD. 11 -4447, AMENDING TITLE 14: ZONING CODE, PARAGRAPH 14- 413- 413-17, SALES - ORIENTED RETAIL IN THE CI -1 ZONE, TO ALLOW PET SUPPLY STORES, be passed and adopted. Moved by Wright, seconded by Dickens, to adopt RES. 11 -326, APPROVING THE PRELIMINARY OF SADDLEBROOK MEADOWS, IOWA CITY, IOWA (SUB011- 00013). A public hearing was held on a resolution authorizing conveyance of a single family home located at 336 Douglass Court. Moved by Champion, seconded by Bailey, to adopt RES. 11 -327, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 336 DOUGLASS COURT. A public hearing was held on a resolution determining the Riverfront Crossings Urban Renewal Area of the city to have conditions of blight and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the city; designating such area as appropriate for an urban renewal project; and adopting the Riverfront Crossings Urban Renewal Plan therefor. Economic Dev. Coordinator Ford presented a power point. Moved by Bailey, seconded by Wright to continue public hearing to October 18. Complete Description October 4, 2011 Page 5 Moved by Bailey, seconded by Wilburn, to defer to October 18 a resolution determining the Riverfront Crossings Urban Renewal Area of the city to have conditions of blight and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the city; designating such area as appropriate for an urban renewal project; and adopting the Riverfront Crossings Urban Renewal Plan therefor. Moved by Champion, seconded by Mims, that the ordinance amending City Code Title 17, entitled "Building and Housing," Chapter 12, entitled "Appeals," to eliminate the composition requirements of the Board of Appeals, be given first vote. Moved by Bailey, seconded by Dickens, that the ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Subsection B, entitled "Exceptions ", be given first vote. Moved by Bailey, seconded by Mims, that the ordinance providing that general property taxes levied and collected each year on all property located within the Towncrest Urban Renewal Area, in the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, rebates, grants, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with said urban renewal redevelopment project, be given second vote. Economic Dev. Coordinator Ford present for discussion. The Mayor declared the motion carried, 6/0/1, Champion abstaining due to a conflict of interest. Moved by Wright, seconded by Mims, to grant a 45 -day extension to the Police Citizens Review Board for the filing of the public report with the City Council on Complaint #11 -01. The Mayor noted the previously announced vacancies to Boards and Commissions: Board of Adjustment for a five -year term January 1, 2012 - January 1, 2017; Human Rights Commission for three vacancies to fill three -year terms January 1, 2012 - January 1, 2015; Parks & Recreation Commission for a four -year term January 1, 2012 - January 1, 2016; Public Art Advisory Committee for two vacancies to fill three -year terms January 1, 2012 - January 1, 2015; Senior Center Commission for two vacancies to fill three -year terms January 1, 2012 - December 31, 2014; Youth Advisory Commission for three vacancies for two -year terms January 1, 2012 - December 31, 2013. Applications must be received by 5:00 p.m., Wednesday, October 26, 2011. Moved by Champion, seconded by Mims, to appoint Daniel Benton, 729 N. Linn Street, to the Senior Center Commission for an unexpired term, effective upon appointment, ending December 31, 2012. The Mayor noted no applications were received for the following appointments and all will be readvertised: Airport Zoning Brd of Adjustment for an unexpired term, effective upon appointment, plus a five -year term January 1, 2007 - December 31, 2011; Airport Zoning Brd of Adjustment for a five -year term January 1, 2009 - December 31, 2013; Airport Zoning Commission for a six -year term January 1, 2006 - December 31, 2011; Airport Zoning Commission for a six -year term January 1, 2010 - December 31, 2015; Appeals, Board of - for a five -year term January 1, 2009 - December 31, 2013, for a Mechanical Professional; Appeals, Board of for an unexpired term, effective upon appointment, ending December 31, 2014, for a Building Design Professional; Youth Advisory Commission for a two -year term Complete Description October 4, 2011 Page 6 January 1, 2011 — December 31, 2012 for Tate High. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council Members Champion, Bailey, and Mayor Hayek complimented the quick response to the fire at 225 Iowa Avenue the previous week -end. Mayor Pro tem Wilburn noted the welcome to the newest City of Literature, Reykjavik, Iceland posted on the City website by Mayor Hayek. Mayor Hayek noted the dedication of the Northside Literary Walk and the Oktoberfest celebration the previous week -end. City Manager Markus stated Fire Station # 4 began operations on October 3, and a ribbon cutting is scheduled for November 6; and the investigation of the Bruegger's Fire (225 Iowa Avenue) is continuing. Moved by Wilburn, seconded by Bailey, to adjourn meeting 8:15 p.m. K#O,,A- k6 Matthew J. Hayek, Mayor Ma Kan K. Karr, City Clerk r CITY OF IOWA CITY 4a(1) MEMORANDUM Date: September 19, 2011 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, September 19, 2011, 5:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright Staff: Helling, Dilkes, Karr, Bentley, Andrew, Hargadine, Davidson, Fosse, Dulek, O'Brien, Bowers (A complete transcription is available in the City Clerk's Office and the City website) COUNCIL APPOINTMENTS Parks & Recreation Commission — Joe Younker JOINT MEETING WITH HUMAN RIGHTS COMMISSION /SANCTUARY CITY /IMMIGRATION & BUILDING SAFE COMMUNITIES [IP2 of September 8] Human Rights Commission members attending: Dianne Day, Harry Olmstead, Diane Finnerty, Orville Townsend, Howard Cowen, Martha Lubaroff, and Wangui Gathua. Commission Members provided a summary of each recommendation, and responded to questions. The Council requested input from staff and stated further discussion would be scheduled after staff input had been received. Council was asked to send additional questions to be addressed by staff on the recommendations to City Clerk Karr. Human Rights Commission requested that each of the recommendations be addressed by members of the current Council. STAFF ACTION: Staff to meet and provide response; and schedule for work session on November 21. (Markus) AGENDA ITEMS 1. (Agenda item # 16 — resolution authorizing application ... IDOT ... development of landscaped median on Burlington Street from the Iowa River to Capitol Street) In response to Council Member Mims, Public Works Dir. Fosse stated the entire project was in the $2 million range; $750,000 from the University of Iowa; and if successful in getting this grant the gap in the FY13 -FY14 budget would be $250,000. INFORMATION PACKET DISCUSSION [September 8, September 15] No discussion COUNCIL TIME 1. Council Member Wright encouraged Council to look at the University of Iowa arrest log, under the Public Safety website, prior to further discussions on the 21 ordinance. Council Work Session September 19, 2011 Page 2 2. In response to Council Member Dickens regarding the status of further discussion on PAS recommendations, Mayor Hayek reported on a meeting he attended with City staff and University representatives the previous week regarding merging the arrest data from the City and University; and indicated a willingness to look into the six month grace period issue. BUDGET PRIORITIES Asst. City Manager Helling reported departments were preparing their FY13 budget requests. SUMMARY OF PENDING WORK SESSION ISSUES Mayor Hayek noted the immigration/ building safe communities and 21 ordinance items. UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS Mayor Hayek reported he has been asked to attend a meeting in Des Moines in October on the passenger rail and freight issues hosted by Metro Area group. UISG Rep. Graham noted the UISG would be hosting "Meet Your Neighbors" event in College Green Park on Sunday, September 25. DISCUSSION OF MEETING SCHEDULES No discussion Meeting adjourned 6:55 PM. 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 SEPTEMBER 20, 2011 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, Dilkes, Karr, Davidson, Fosse, Kopping, Havel, O'Brien, Yapp. The Mayor presented Outstanding Student Citizenship Awards to Roosevelt Elementary students: Ana Crespo, Isabelle Grey, Sadie Widmer. The Mayor proclaimed World Habitat Day — October 3, 2011, Mark Patton, Habitat for Humanity accepting; Active Aging Week — last week in September, Linda Kopping, Senior Center Coordinator accepting. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Champion, seconded by Mims, that the 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: September 6, Special Council Work Session; September 6, Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Civil Service Commission - September 1, 2011; Planning & Zoning Commission - August 18, 2011; Public Art Advisory Committee - July 7, 2011; Youth Advisory Commission - July 16, 2011. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Beer Permit for Hy -Vee, Inc., dba Hy -Vee Gas #1, 260 Stevens Dr.; Class C Liquor License for Atlas World Grill, Inc., dba Atlas World Grill, Inc., 127 Iowa Ave.; Special Class C Liquor License for Prairie Lights Books, Ltd., dba Times Club at Prairie Lights, 15 S. Dubuque St.; Class C Beer Permit for Kum & Go, LC, dba Kum & Go #52, 25 W. Burlington St.; Class C Beer Permit for Kum & Go, LC, dba Kum & Go #51, 323 E. Burlington St.; Class C Liquor License for Etre Restaurant Group, LLC, dba Takanami, 219 Iowa Ave.; Class C Beer Permit for Hawkeye Oil Company, dba Scott Blvd. Hawkeye Convenience Store, 2875 Commerce Dr.; Class C Liquor License for I.C.B.B., Ltd, dba Brown Bottle, 115 E. Washington St.; Class C Liquor License for Chipotle Mexican Grill, Inc., dba Chipotle Mexican Grill, 201 S. Clinton St. Suite 112; Outdoor Service Area for Chipotle Mexican Grill, Inc., dba Chipotle Mexican Grill, 201 S. Clinton St. Suite 112; Class C Beer Permit for Dan's Short Stop Corporation, dba Dan's Short Stop Corporation, 2221 Rochester Ave. Setting Public Hearings: RES. 11 -305, SETTING PUBLIC HEARING FOR OCTOBER 4, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 336 DOUGLASS COURT. Resolutions: RES. 11 -306, ACCEPTING THE WORK FOR THE SENIOR CENTER BOILER AND CHILLER REPLACEMENT PROJECT; RES. 11 -307, 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 1909 DELWOOD DRIVE, IOWA CITY, IOWA. Complete Description September 20, 2011 Page 2 Correspondence: Ronald Knoche regarding Competitive Quotation Results; Cindy Roberts regarding Thank you from the Grant Wood Neighborhood Association; Mary Sullivan regarding Restricted Time Parking [staff response included]; MurphyGeerdes regarding Letter to Editor from Idyllwild resident against Taft Speedway levee; Rusty Hansen, Dale Wilhelm, Lee Iben regarding Excessive noise at Regina Fall Fun Festival [staff response included]; Alice McCormack & Tena Kincaid regarding Women's Air Race Classic Thank you; Raj Patel regarding Thank You (UISG Liaison); Cody Graham regarding Letter of Introduction (UISG Liaison); Dorothy Whiston regarding Immigration and Safe Communities. New UISG Liaison Cody Graham introduced himself to Council and the community. Moved by Wright, seconded by Bailey, to set a public hearing for October 4, 2011 on a resolution amending the Comprehensive Plan to adopt the Riverfront Crossings District - Sub -Area Plan. Moved by Bailey, seconded by Champion, to set a public hearing for October 4, 2011 on an ordinance amending Title 14, Zoning Code, Paragraph 14- 413- 413-23, to modify the standards for vehicle repair uses in the Intensive Commercial Zone when located adjacent to a Residential Zone. Moved by Mims, seconded by Dickens, to set a public hearing for October 4, 2011 on an ordinance amending Title 14, Zoning Code, Subsection 14 -4C -1 D, to clarify a cross - reference regarding off - street parking located on a separate lot from the use served and to delete Subparagraph 14- 2C- 413-3A., an obsolete provision regarding side and rear building setbacks in Commercial Zones. Moved by Bailey, seconded by Mims, to set a public hearing for October 4, 2011 on an ordinance amending Title 14, Zoning Code, Table 2C -2(A), Section 14 -2C -6, Section 14 -2C- 8, and Paragraph 14- 4B -4A -7, to establish dimensional and commercial site development standards in the Central Business Service (CB -2) Zone similar to standards applied in the other Central Business Zones, and to clarify and establish setback and entrance requirements, provide additional flexibility for parking location, and modify construction standards to accommodate upper floor commercial uses in mixed -use buildings in the Central Business Zones. Moved by Mims, seconded by Bailey, to set a public hearing for October 4, 2011 on an ordinance amending Title 14, Zoning Code, Paragraph 14- 2A -6C -4, to allow an applicant to seek a minor modification to the Single Family Site Development Standard that establishes minimum driveway length. Moved by Champion, seconded by Mims, to set a public hearing for October 4, 2011 on an ordinance amending Title 14, Zoning Code, Article 4A, Use Categories, to add a new use category entitled, "Building Trade Uses, "; and associated amendments to allow said Building Trade Uses in the CI -1, 1 -1, and 1 -2 Zones as permitted uses and in the CC -2 Zone as provisional uses and to establish approval criteria for said provisional uses in Article 14- 46. Moved by Bailey, seconded by Wright, that the ordinance rezoning approximately 10 acres of land located at 350 Dublin Drive from Planned Development Overlay Medium Density Single Family (OPD -8) to Planned Development Overlay Low Density Multi - Family (OPD -RM12) (REZ11- 00005), be given second vote. The Mayor requested Council Members disclose any ex parte communications, and none were reported. Complete Description September 20, 2011 Page 3 Moved by Champion, seconded by Mims, that the ordinance amending Title 14, Zoning Code, Article 9A, General Definitions, to clarify the definition of enlargement/expansion as it relates to alcohol sales- oriented uses, be given second vote. Moved by Bailey, seconded by Mims, that the ordinance amending paragraph 14 -46- 46-17, Sales- Oriented Retail in the CI -1 Zone, to allow Pet Supply Stores, be given second vote. Moved by Bailey, seconded by Mims, to adopt RES. 11 -308, APPROVING THE FINAL PLAT OF ROCHESTER RIDGE PART TWO, IOWA CITY, IOWA (SUB11- 00009). PCD Dir. Davidson presented a power point. Moved by Wright, seconded by Champion, to adopt RES. 11 -309, APPROVING THE FINAL PLAT OF STONE BRIDGE ESTATES, PART SEVEN, IOWA CITY, IOWA (SUB011- 00011). PCD Dir. Davidson presented a power point. A public hearing was held on plans, specifications, form of contract, and estimate of cost for the construction of the Water Works Prairie Park 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 Bailey, seconded by Mims, to adopt RES. 11 -310, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATER WORKS PRAIRIE PARK 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 Phase 1 of the First Avenue Storm Sewer Improvements Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, and fixing time and place for receipt of bids. No one appeared. Moved by Wright, seconded by Dickens, to adopt RES. 11 -311, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PHASE 1 OF THE FIRST AVENUE STORM SEWER IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the 2011 Parking Ramp Repair Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, and fixing time and place for receipt of bids. No one appeared. Moved by Mims, seconded by Champion, to adopt RES. 11 -312, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE 2011 PARKING RAMP REPAIR 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. A public hearing was held on a resolution approving the Mayor to sign and the City Clerk to attest a lease agreement with Wells Fargo Company for limited occupation and possession of the kiosk located in the College Street Pedestrian Mall along the Clinton Street frontage for installation of an ATM machine and necessary equipment for the sum of $500 per Complete Description September 20, 2011 Page 4 month for an initial five year terms with provisions for four subsequent renewal periods of five years each. No one appeared. Moved by Bailey, seconded by Dickens, to adopt RES. 11 -313, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE AGREEMENT WITH WELLS FARGO COMPANY FOR LIMITED OCCUPATION AND POSSESSION OF THE KIOSK LOCATED IN THE COLLEGE STREET PEDESTRIAN MALL ALONG THE CLINTON STREET FRONTAGE FOR INSTALLTION OF AN ATM MACHINE AND NECESSARY EQUIPMENT FOR THE SUM OF $500 PER MONTH FOR AN INTITIAL FIVE YEAR TERMS WITH PROVISIONS FOR FOUR SUBSEQUENT RENEWAL PERIODS OF FIVE YEARS EACH. City Atty. Dilkes reported that staff would be making minor tweaks that are non - substantive provided for in the resolution. Moved by Bailey, seconded by Mims, to authorize the City Manager to sign a letter of support and commitment for Iowa City to participate in the Linn County / Johnson County Sustainable Communities planning grant and planning process. MPOJC Executive Dir. Yapp; ECICOG Dir. Elliott and Linn County Supervisor Langston present for discussion. Moved by Wilburn, seconded by Bailey, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 11 -4444, AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 3, OUTDOOR SERVICE AREAS; SEASONAL, FIVE DAY OR FOURTEEN DAY LICENSES AND PERMITS, SECTION A, LOCATION TO ESTABLISH NEW LOCATION STANDARDS FOR TEMPORARY OUTDOOR SERVICE AREAS WHEN REQUESTED IN NOW RESIDENTIAL ZONES, be voted on for final passage at this time. Moved by Wilburn, seconded by Bailey, that the ordinance be adopted at this time. Moved by Wright, seconded by Mims, that the ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions ", Subsection B, entitled "Exceptions ", be given second vote. Moved by Bailey, seconded by Dickens, that the ordinance providing that general property taxes levied and collected each year on all property located within the Towncrest Urban Renewal Area, in the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, rebates, grants, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Towncrest Urban Renewal plan, be given first vote. The Mayor declared the motion carried, 6/0/1, Champion abstaining due to a conflict of interest. Moved by Mims, seconded by Wright, to adopt RES. 11 -314, 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 KUENY ARCHITECTS, LLC TO PROVIDE CONSULTANT SERVICES FOR THE PUBLIC WORKS FUEL FACILITY AND VEHICLE WASH PROJECT. Moved by Wright, seconded by Bailey, to adopt RES. 11 -315, AUTHORIZING APPLICATION FOR FUNDING ASSISTANCE FROM THE IOWA DEPARTMENT OF TRANSPORTATION (IDOT) FOR DEVELOPMENT OF A LANDSCAPED MEDIAN ON BURLINGTON STREET FROM THE IOWA RIVER TO CAPITOL STREET. Complete Description September 20, 2011 Page 5 The Mayor noted the previously announced vacancies to Boards and Commissions: Airport Zoning Board of Adjustment for an unexpired term, effective upon appointment, plus a five -year term January 1, 2007 - December 31, 2011; Airport Zoning Brd of Adjustment for a five -year term January 1, 2009 - December 31, 2013; Airport Zoning Commission for a six - year term January 1, 2006 - December 31, 2011; Airport Zoning Commission for a six -year term January 1, 2010 - December 31, 2015; Appeals, Board of for a five -year term January 1, 2009 - December 31, 2013, for a Mechanical Professional; Appeals, Board of for an unexpired term, effective upon appointment, ending December 31, 2014, for a Building Design Professional; Senior Center Commission for an unexpired term, effective upon appointment, ending December 31, 2012; Youth Advisory Commission for a Tate High representative for a two -year term, January 1, 2011 - December 31, 2012. Applications must be received by 5:00 p.m., Wednesday, September 28, 2011. The Mayor noted the current vacancies: Board of Adjustment for a five -year term January 1, 2012 - January 1, 2017; Human Rights Commission for three vacancies to fill three -year terms January 1, 2012 - January 1, 2015; Parks & Recreation Commission for a four -year term January 1, 2012 - January 1, 2016; Public Art Advisory Committee for two vacancies to fill three -year terms January 1, 2012 - January 1, 2015; Senior Center Commission for two vacancies to fill three -year terms January 1, 2012 - December 31, 2014; Youth Advisory Commission for three vacancies to fill two -year terms January 1, 2012 - December 31, 2013. Applications must be received by 5:00 p.m., Wednesday, October 26, 2011. Moved by Wright, seconded by Mims, to accept correspondence from John Westefeld. Moved by Bailey, seconded by Dickens, to appoint Joe Younker, 1011 6t" Avenue, to Parks & Recreation Commission for an unexpired term, effective upon appointment, plus a four -year term January 1, 2012 - January 1, 2016. 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.] Caroline Dieterle appeared re the Downtown Survey. Moved by Wilburn, seconded by Wright, to accept correspondence. Council Member Wright highlighted the University of Iowa Government picnic in College Green Park on September 25. Mayor Pro tem Wilburn noted the Walks to End Alzheimer's at City Park on September 24; and the Out of Darkness Walk scheduled September 25. Moved by Bailey, seconded by Mims, to adjourn meeting 8:00 p.m. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk Clerk's Office 356 -5040. 4a(2) For a final official copy, contact the City The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS — 9/20/11 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. The Mayor presented Outstanding Student Citizenship Awards to Roosevelt Elementary students: Ana Crespo, Isabelle Grey, Sadie Widmer. The Mayor proclaimed World Habitat Day — October 3, 2011, Mark Patton, Habitat for Humanity accepting; Active Aging Week — last week in September, Linda Kopping, Senior Center Coordinator accepting. Unless otherwise noted, all actions were affirmative and unanimous. Moved and seconded that the 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: September 6, Special Council Work Session; September 6, Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Civil Service Commission - September 1, 2011; Planning & Zoning Commission - August 18, 2011; Public Art Advisory Committee - July 7, 2011; Youth Advisory Commission - July 16, 2011. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Beer Permit for Hy -Vee Gas #1, 260 Stevens Dr.; Class C Liquor License for Atlas World Grill, Inc., 127 Iowa Ave.; Special Class C Liquor License for Times Club at Prairie Lights, 15 S. Dubuque St.; Class C Beer Permit for Kum & Go #52, 25 W. Burlington St.; Class C Beer Permit for Kum & Go #51, 323 E. Burlington St.; Class C Liquor License for Takanami, 219 Iowa Ave.; Class C Beer Permit for Scott Blvd. Hawkeye Convenience Store, 2875 Commerce Dr.; Class C Liquor License for Brown Bottle, 115 E. Washington St.; Class C Liquor License for Chipotle Mexican Grill, 201 S. Clinton St. Suite 112; Outdoor Service Area for Chipotle Mexican Grill, 201 S. Clinton St. Suite 112; Class C Beer Permit for Dan's Short Stop Corporation, 2221 Rochester Ave. Setting Public Hearings: RES. 11 -305, SETTING PUBLIC HEARING FOR OCTOBER 4, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 336 DOUGLASS COURT. Resolutions: RES. 11 -306, ACCEPTING THE WORK FOR THE SENIOR CENTER BOILER AND CHILLER REPLACEMENT PROJECT; RES. 11 -307, 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 1909 DELWOOD DRIVE, IOWA CITY, IOWA. Official Actions September 20, 2011 Page 2 Correspondence: Ronald Knoche regarding Competitive Quotation Results; Cindy Roberts regarding Thank you from the Grant Wood Neighborhood Association; Mary Sullivan regarding Restricted Time Parking [staff response included]; MurphyGeerdes regarding Letter to Editor from Idyllwild resident against Taft Speedway levee; Rusty Hansen, Dale Wilhelm, Lee Iben regarding Excessive noise at Regina Fall Fun Festival [staff response included]; Alice McCormack & Tena Kincaid regarding Women's Air Race Classic Thank you; Raj Patel regarding Thank You (UISG Liaison); Cody Graham regarding Letter of Introduction (UISG Liaison); Dorothy Whiston regarding Immigration and Safe Communities. New UISG Liaison Cody Graham introduced himself to Council and the community. Moved and seconded to set a public hearing for October 4, 2011 on a resolution amending the Comprehensive Plan to adopt the Riverfront Crossings District - Sub -Area Plan. Moved and seconded to set a public hearing for October 4, 2011 on an ordinance amending Title 14, Zoning Code, Paragraph 14- 413- 413-23, to modify the standards for vehicle repair uses in the Intensive Commercial Zone when located adjacent to a Residential Zone. Moved and seconded to set a public hearing for October 4, 2011 on an ordinance amending Title 14, Zoning Code, Subsection 14 -4C -1 D, to clarify a cross - reference regarding off - street parking located on a separate lot from the use served and to delete Subparagraph 14- 2C- 413-3A., an obsolete provision regarding side and rear building setbacks in Commercial Zones. Moved and seconded to set a public hearing for October 4, 2011 on an ordinance amending Title 14, Zoning Code, Table 2C -2(A), Section 14 -2C -6, Section 14 -2C -8, and Paragraph 14- 4B -4A -7, to establish dimensional and commercial site development standards in the Central Business Service (CB -2) Zone similar to standards applied in the other Central Business Zones, and to clarify and establish setback and entrance requirements, provide additional flexibility for parking location, and modify construction standards to accommodate upper floor commercial uses in mixed -use buildings in the Central Business Zones. Moved and seconded to set a public hearing for October 4, 2011 on an ordinance amending Title 14, Zoning Code, Paragraph 14- 2A -6C -4, to allow an applicant to seek a minor modification to the Single Family Site Development Standard that establishes minimum driveway length. Moved and seconded to set a public hearing for October 4, 2011 on an ordinance amending Title 14, Zoning Code, Article 4A, Use Categories, to add a new use category entitled, "Building Trade Uses, "; and associated amendments to allow said Building Trade Uses in the CI -1, 1 -1, and 1 -2 Zones as permitted uses and in the CC -2 Zone as provisional uses and to establish approval criteria for said provisional uses in Article 14 -4B. Moved and seconded that the ordinance rezoning approximately 10 acres of land located at 350 Dublin Drive from Planned Development Overlay Medium Density Single Family (OPD -8) to Planned Development Overlay Low Density Multi - Family (OPD -RM12) (REZ11- 00005), be given second vote. Moved and seconded that the ordinance amending Title 14, Zoning Code, Article 9A, General Definitions, to clarify the definition of enlargement/expansion as it relates to alcohol sales- oriented uses, be given second vote. Moved and seconded that the ordinance amending paragraph 14- 413- 413-17, Sales - Oriented Retail in the CI -1 Zone, to allow Pet Supply Stores, be given second vote. Official Actions September 20, 2011 Page 3 Moved and seconded to adopt RES. 11 -308, APPROVING THE FINAL PLAT OF ROCHESTER RIDGE PART TWO, IOWA CITY, IOWA (SUB11- 00009). Moved and seconded to adopt RES. 11 -309, APPROVING THE FINAL PLAT OF STONE BRIDGE ESTATES, PART SEVEN, IOWA CITY, IOWA (SUB011- 00011). A public hearing was held on plans, specifications, form of contract, and estimate of cost for the construction of the Water Works Prairie Park 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. 11 -310, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATERWORKS PRAIRIE PARK 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 Phase 1 of the First Avenue Storm Sewer Improvements Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, and fixing time and place for receipt of bids. Moved and seconded to adopt RES. 11 -311, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PHASE 1 OF THE FIRST AVENUE STORM SEWER IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the 2011 Parking Ramp Repair 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. 11 -312, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE 2011 PARKING RAMP REPAIR 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 the Mayor to sign and the City Clerk to attest a lease agreement with Wells Fargo Company for limited occupation and possession of the kiosk located in the College Street Pedestrian Mall along the Clinton Street frontage for installation of an ATM machine and necessary equipment for the sum of $500 per month for an initial five year terms with provisions for four subsequent renewal periods of five years each. Moved and seconded to adopt RES. 11 -313, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE AGREEMENT WITH WELLS FARGO COMPANY FOR LIMITED OCCUPATION AND POSSESSION OF THE KIOSK LOCATED IN THE COLLEGE STREET PEDESTRIAN MALL ALONG THE CLINTON STREET FRONTAGE FOR INSTALLTION OF AN ATM MACHINE AND NECESSARY EQUIPMENT FOR THE SUM OF $500 PER MONTH FOR AN INTITIAL FIVE YEAR TERMS WITH PROVISIONS FOR FOUR SUBSEQUENT RENEWAL PERIODS OF FIVE YEARS EACH. Official Actions September 20, 2011 Page 4 Moved and seconded to authorize the City Manager to sign a letter of support and commitment for Iowa City to participate in the Linn County / Johnson County Sustainable Communities planning grant and planning process. MPOJC Executive Dir. Yapp; ECICOG Dir. Elliott and Linn County Supervisor Langston present for discussion. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 11- 4444, AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 3, OUTDOOR SERVICE AREAS; SEASONAL, FIVE DAY OR FOURTEEN DAY LICENSES AND PERMITS, SECTION A, LOCATION TO ESTABLISH NEW LOCATION STANDARDS FOR TEMPORARY OUTDOOR SERVICE AREAS WHEN REQUESTED IN NON - RESIDENTIAL ZONES, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded that the ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions ", Subsection B, entitled "Exceptions ", be given second vote. Moved and seconded that the ordinance providing that general property taxes levied and collected each year on all property located within the Towncrest Urban Renewal Area, in the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, rebates, grants, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Towncrest Urban Renewal plan, be given first vote. The Mayor declared the motion carried, 6/0/1, Champion abstaining due to a conflict of interest. Moved and seconded to adopt RES. 11 -314, 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 KUENY ARCHITECTS, LLC TO PROVIDE CONSULTANT SERVICES FOR THE PUBLIC WORKS FUEL FACILITY AND VEHICLE WASH PROJECT. Moved and seconded to adopt RES. 11 -315, AUTHORIZING APPLICATION FOR FUNDING ASSISTANCE FROM THE IOWA DEPARTMENT OF TRANSPORTATION (IDOT) FOR DEVELOPMENT OF A LANDSCAPED MEDIAN ON BURLINGTON STREET FROM THE IOWA RIVER TO CAPITOL STREET. The Mayor noted the previously announced vacancies to Boards and Commissions: Airport Zoning Board of Adjustment for an unexpired term, effective upon appointment, plus a five -year term January 1, 2007 - December 31, 2011; Airport Zoning Brd of Adjustment for a five -year term January 1, 2009 - December 31, 2013; Airport Zoning Commission for a six - year term January 1, 2006 — December 31, 2011; Airport Zoning Commission for a six -year term January 1, 2010 — December 31, 2015; Appeals, Board of for a five -year term January 1, 2009 — December 31, 2013, for a Mechanical Professional; Appeals, Board of for an unexpired term, effective upon appointment, ending December 31, 2014, for a Building Design Professional; Senior Center Commission for an unexpired term, effective upon appointment, ending December 31, 2012; Youth Advisory Commission for a Tate High representative for a two -year term, January 1, 2011 — December 31, 2012. Applications must be received by 5:00 p.m., Wednesday, September 28, 2011. Official Actions September 20, 2011 Page 5 The Mayor noted the current vacancies: Board of Adjustment for a five -year term January 1, 2012 — January 1, 2017; Human Rights Commission for three vacancies to fill three -year terms January 1, 2012 — January 1, 2015; Parks & Recreation Commission for a four -year term January 1, 2012 — January 1, 2016; Public Art Advisory Committee for two vacancies to fill three -year terms January 1, 2012 — January 1, 2015; Senior Center Commission for two vacancies to fill three -year terms January 1, 2012 — December 31, 2014; Youth Advisory Commission for three vacancies to fill two -year terms January 1, 2012 — December 31, 2013. Applications must be received by 5:00 p.m., Wednesday, October 26, 2011. Moved and seconded to accept correspondence from John Westefeld. Moved and seconded to appoint Joe Younker, 1011 6t" Avenue, to Parks & Recreation Commission for an unexpired term, effective upon appointment, plus a four -year term January 1, 2012 - January 1, 2016. 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.] Caroline Dieterle appeared re the Downtown Survey. Moved and seconded to accept correspondence. Moved and seconded to adjourn meeting 8:00 p.m. A more complete description of Council Activities is on file in the office of the City Clerk. s /Matthew J. Hayek, Mayor s /Mariann K. Karr, City Clerk SubmAte for pucation — 9/28/11. 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 OCTOBER 4, 2011 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: Markus, Helling, Bentley, Andrew, Dilkes, Karr, Howard, Miklo, Ford, Nagle -Gamm, Howard. The Mayor presented Outstanding Student Citizenship Awards to Weber Elementary students: Meg Moreland, Dillon Doyle, Austin West. The Mayor proclaimed Fire Prevention Week — October 9 -15, 2011. Fire Lt. Tinnes accepting. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Wright, seconded by Bailey, that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as amended and to delete from the Consent Calendar and consider as a separate Item 4d(2) setting a hearing for a Self - Supporting Municipal Improvement District (SSMID): Approval of Council Actions, subject to corrections, as recommended by the City Clerk: September 19, Regular Council Work Session; September 20, Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Airport Commission - June 16, 2011; Airport Commission - July 21, 2011; Airport Commission - August 4, 2011; Airport Commission - August 25, 2011; Board of Adjustment - August 10, 2011; Housing and Community Development Commission - June 16, 2011; Human Rights Commission - August 16, 2011; Planning & Zoning Commission - September 1, 2011; Police Citizens Review Board - July 12, 2011. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Beer Permit for ND Express, Inc., dba North Dodge Express, 2790 N. Dodge St.; Class C Liquor License for Saloon of Iowa City, LC, dba The Saloon, 112 E. College St.; Class C Liquor License for Bread Garden of Iowa City, LC, dba Bread Garden Market and Bakery, 225 S. Linn St.; Outdoor Service Area for Bread Garden of Iowa City, LC, dba Bread Garden Market and Bakery, 225 S. Linn St.; Class C Liquor License for Blue Moose, Inc., dba Blue Moose, 211 Iowa Ave.; Class C Liquor License for Givanni's of Iowa City, Inc., dba Givanni's, 109 E College St.; Class C Liquor License for Mondo's of Iowa City, Inc., dba Joseph's Steakhouse, 212 S. Clinton St.; Class C Beer Permit for On the Go Convenience Stores, Inc., dba On the Go Convenience Stores, Inc., 2315 Muscatine Ave.; Class E Liquor License for Jason Caylor dba Liquor Downtown, 315 S. Gilbert St.; Class C Liquor License for Micky's of Iowa City, Inc., dba Micky's Irish Pub, 11 S. Dubuque St.; Class C Liquor License for Hilltop Tavern, Ltd., dba Hilltop Lounge, 1100 N. Dodge St.; Special Class C Liquor License for Angela, Inc., dba Masala, 9 S. Dubuque St.; Class C Beer Permit for HWZ, LLC, dba RJ'Z Express, 2 Escort Ln; RES. 11 -316 TO ISSUE CIGARETTE PERMIT. Setting Public Hearings: RES. 11 -317 SETTING PUBLIC HEARING FOR OCTOBER 18, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1208 EAST BURLINGTON STREET; RES. 11 -318, SETTING PUBLIC Complete Description October 4, 2011 Page 2 HEARING FOR OCTOBER 18, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 329 DOUGLASS COURT. RES. 11 -319, SETTING A PUBLIC HEARING ON OCTOBER 18, 2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COURT HILL TRAIL — PHASE THREE 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. 11 -320, ACCEPTING THE WORK FOR THE 420x" STREET IMPROVEMENTS PROJECT; RES. 11 -321, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2705 WHISPERING MEADOWS, IOWA CITY, IOWA; RES. 11 -322, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1107 CLARK COURT, IOWA CITY, IOWA; RES. 11 -323, ACCEPTING THE WORK FOR THE 2011 WALES STREET WATER MAIN IMPROVEMENTS PROJECT. Motions: Approve disbursements in the amount of $13,673,133.03 for the period of August 1 through August 31, 2011, as recommended by the Finance Director subject to audit. Correspondence: Traffic Engineering Planner regarding Installation of NO PARKING CORNER TO HERE signs on the south side of Market Street (300 Block); Traffic Engineering Planner regarding Installation of temporary traffic signals at the intersection of Melrose Avenue and the driveway located southwest of Kinnick Stadium; City Engr. regarding Final Acceptance of Public Improvements; City Engr. regarding Competitive Quotation Results; Letters from Nick Arp; Caroline Dieterle (x2) regarding Downtown Survey; Larry Aschbrenner regarding Sanctuary City; Frank Williams regarding Von Maur; Holly Bodin regarding Oakcrest Sidewalk Request; Bonnie Nolan regarding SGB Holdings, LLC [Staff response included]; Mary Knudson - Dion regarding Miller- Orchard Neighborhood Meeting with Superintendent Murley. Mayor Hayek stated he and Council Members Champion and Dickens would be abstaining due to a conflict of interest. Mayor Pro tem Wilburn now presiding. Moved by Bailey, seconded by Mims, to set a public hearing for November 1, 2011, on an ordinance creating a Self- Supporting Municipal Improvement District (SSMID) according to Iowa Code Chapter 386 for downtown Iowa City. The Mayor Pro tem declared the motion carried, 4/0/3, with the following division of roll call vote. Ayes: Bailey, Mims, Wilburn, Wright. Absent: None. Abstaining: Champion, Dickens, Hayek. Mayor Hayek now presiding. Anna Buss, 525 W. Benton, appeared regarding a neighborhood meeting where all neighbors were not notified concerning the sidewalk project on Miller /Hudson; and requested another meeting be scheduled and all neighbors affected be asked to attend. Staff will follow up. Moved by Bailey, seconded by Champion, to set a public hearing for October 18 on a resolution amending the Comprehensive Plan to change the land use designation from single family residential stabilization to Urban Commercial for property located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street and the MidAmerican substation located on the west side of Linn Street (CPA11- 0003). Complete Description October 4, 2011 Page 3 Moved by Champion, seconded by Dickens, to set a public hearing for October 18 on an ordinance conditionally rezoning approximately .34 -acres of land located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street and the MidAmerican substation located on the west side of Linn Street from neighborhood residential stabilization (RNS -12) to Central Business Service (CB -2) (REZ11- 00012). Moved by Wright, seconded by Mims, to set a public hearing for October 18 on an ordinance amending the Planned Development Overlay High Density Single Family (OPD /RS -12) Plan for 2.73 -acres of land located at 2785, 2829 and 2871 Heinz Road (REZ11- 00013). A public hearing was held on a resolution amending the Comprehensive Plan to adopt the Riverfront Crossings District - Sub -Area Plan. Sr. Planner Miklo presented a power point, and individual Council Members expressed their views. Moved by Bailey, seconded by Dickens, to adopt RES. 11 -325, AMENDING THE COMPREHENSIVE PLAN TO ADOPT THE RIVERFRONT CROSSINGS DISTRICT - SUB- AREA PLAN. A public hearing was held on an ordinance amending Title 14, Zoning Code, Paragraph 14- 4B- 4B -23, to modify the standards for vehicle repair uses in the Intensive Commercial Zone when located adjacent to a residential zone. Planner Howard present for discussion. Moved by Champion, seconded by Mims, that the ordinance amending Title 14, Zoning Code, Paragraph 14- 4B- 4B -23, to modify the standards for vehicle repair uses in the Intensive Commercial Zone when located adjacent to a residential zone, be given first vote. A public hearing was held on an ordinance amending Title 14, Zoning Code, Subsection 144C -1 D, to clarify a cross - reference regarding off - street parking located on a separate lot from the use served and to delete Subparagraph 14- 2C- 413-3A., an obsolete provision regarding side and rear building setbacks in commercial zones. Planner Howard present for discussion. Moved by Mims, seconded by Dickens, that the ordinance amending Title 14, Zoning Code, Subsection 144C -1 D, to clarify a cross - reference regarding off - street parking located on a separate lot from the use served and to delete Subparagraph 14- 2C- 4B -3A., an obsolete provision regarding side and rear building setbacks in commercial zones, be given first vote. A public hearing was held on an ordinance amending Title 14, Zoning Code, Table 2c- 2(a), Section 14 -2C -6, Section 14 -2C -8, and Paragraph 14- 4134A -7, to establish dimensional and commercial site development standards in the Central Business Service (CB -2) Zone similar to standards applied in the other Central Business Zones, and to clarify and establish setback and entrance requirements, provide additional flexibility for parking location, and modify construction standards to accommodate upper floor commercial uses in mixed -use buildings in the Central Business Zones. Planner Howard present for discussion and individual Council Members expressed their views. Moved by Bailey, seconded by Mims, that the ordinance amending Title 14, Zoning Code, Table 2C -2(a), Section 14 -2C -6, Section 14 -2C -8, and Paragraph 14- 4B -4A -7, to establish dimensional and commercial site development standards in the Central Business Service (CB -2) Zone similar to standards applied in the other Central Business Zones, and to clarify and establish setback and entrance requirements, provide additional flexibility for parking location, and modify construction standards to accommodate upper floor commercial Complete Description October 4, 2011 Page 4 uses in mixed -use buildings in the Central Business Zones, be given first vote. Planner Howard present for discussion. A public hearing was held on an ordinance amending Title 14, Zoning Code, Paragraphs 2A -6C -4 and 4B -1A, to allow an applicant to seek a minor modification to the single family site development standard that establishes minimum driveway length. Planner Howard present for discussion. Moved by Wright, seconded by Mims, that the ordinance amending Title 14, Zoning Code, Paragraphs 2A -6C -4 and 4B -1A, to allow an applicant to seek a minor modification to the single family site development standard that establishes minimum driveway length, be given second vote. A public hearing was held on an ordinance amending Title 14, Zoning Code, Article 4A, Use Categories, to add a new use category entitled, "Building Trade Uses, "; and associated amendments to allow said building trade uses in the CI -1, 1 -1, and 1 -2 Zones as permitted uses and in the CC -2 Zone as provisional uses and to establish approval criteria for said provisional uses in Article 14 -413. Planner Howard present for discussion. Moved by Bailey, seconded by Mims, that the ordinance amending Title 14, Zoning Code, Article 4A, Use Categories, to add a new use category entitled, "Building Trade Uses, "; and associated amendments to allow said building trade uses in the CI -1, 1 -1, and 1 -2 Zones as permitted uses and in the CC -2 Zone as provisional uses and to establish approval criteria for said provisional uses in Article 14 -413, be given first vote. Moved by Bailey, seconded by Mims, that ORD. 11 -4445, REZONING APPROXIMATELY 10 ACRES OF LAND LOCATED AT 350 DUBLIN DRIVE FROM PLANNED DEVELOPMENT OVERLAY 8 (OPD -8) TO PLANNED DEVELOPMENT OVERLAY LOW DENSITY MULTI - FAMILY 12 (OPD -RM12) (REZ11- 00005), be passed and adopted. The Mayor asked for any ex parte communications, and none was reported. Moved by Champion, seconded by Dickens, that ORD. 11 -4446, AMENDING TITLE 14, ZONING CODE, ARTICLE 9A, GENERAL DEFINITIONS, TO CLARIFY THE DEFINITION OF ENLARGEMENT /EXPANSION AS IT RELATES TO ALCOHOL SALES - ORIENTED USES, be passed and adopted. Moved by Bailey, seconded by Mims, that ORD. 11 -4447, AMENDING TITLE 14: ZONING CODE, PARAGRAPH 14- 413- 413-17, SALES - ORIENTED RETAIL IN THE CI -1 ZONE, TO ALLOW PET SUPPLY STORES, be passed and adopted. Moved by Wright, seconded by Dickens, to adopt RES. 11 -326, APPROVING THE PRELIMINARY OF SADDLEBROOK MEADOWS, IOWA CITY, IOWA (SUB011- 00013). A public hearing was held on a resolution authorizing conveyance of a single family home located at 336 Douglass Court. Moved by Champion, seconded by Bailey, to adopt RES. 11 -327, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 336 DOUGLASS COURT. A public hearing was held on a resolution determining the Riverfront Crossings Urban Renewal Area of the city to have conditions of blight and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the city; designating such area as appropriate for an urban renewal project; and adopting the Riverfront Crossings Urban Renewal Plan therefor. Economic Dev. Coordinator Ford presented a power point. Moved by Bailey, seconded by Wright to continue public hearing to October 18. Complete Description October 4, 2011 Page 5 Moved by Bailey, seconded by Wilburn, to defer to October 18 a resolution determining the Riverfront Crossings Urban Renewal Area of the city to have conditions of blight and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the city; designating such area as appropriate for an urban renewal project; and adopting the Riverfront Crossings Urban Renewal Plan therefor. Moved by Champion, seconded by Mims, that the ordinance amending City Code Title 17, entitled "Building and Housing," Chapter 12, entitled "Appeals," to eliminate the composition requirements of the Board of Appeals, be given first vote. Moved by Bailey, seconded by Dickens, that the ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Subsection B, entitled "Exceptions ", be given first vote. Moved by Bailey, seconded by Mims, that the ordinance providing that general property taxes levied and collected each year on all property located within the Towncrest Urban Renewal Area, in the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, rebates, grants, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with said urban renewal redevelopment project, be given second vote. Economic Dev. Coordinator Ford present for discussion. The Mayor declared the motion carried, 6/0/1, Champion abstaining due to a conflict of interest. Moved by Wright, seconded by Mims, to grant a 45 -day extension to the Police Citizens Review Board for the filing of the public report with the City Council on Complaint #11 -01. The Mayor noted the previously announced vacancies to Boards and Commissions: Board of Adjustment for a five -year term January 1, 2012 - January 1, 2017; Human Rights Commission for three vacancies to fill three -year terms January 1, 2012 - January 1, 2015; Parks & Recreation Commission for a four -year term January 1, 2012 - January 1, 2016; Public Art Advisory Committee for two vacancies to fill three -year terms January 1, 2012 - January 1, 2015; Senior Center Commission for two vacancies to fill three -year terms January 1, 2012 - December 31, 2014; Youth Advisory Commission for three vacancies for two -year terms January 1, 2012 - December 31, 2013. Applications must be received by 5:00 p.m., Wednesday, October 26, 2011. Moved by Champion, seconded by Mims, to appoint Daniel Benton, 729 N. Linn Street, to the Senior Center Commission for an unexpired term, effective upon appointment, ending December 31, 2012. The Mayor noted no applications were received for the following appointments and all will be readvertised: Airport Zoning Brd of Adjustment for an unexpired term, effective upon appointment, plus a five -year term January 1, 2007 - December 31, 2011; Airport Zoning Brd of Adjustment for a five -year term January 1, 2009 - December 31, 2013; Airport Zoning Commission for a six -year term January 1, 2006 - December 31, 2011; Airport Zoning Commission for a six -year term January 1, 2010 - December 31, 2015; Appeals, Board of - for a five -year term January 1, 2009 - December 31, 2013, for a Mechanical Professional; Appeals, Board of for an unexpired term, effective upon appointment, ending December 31, 2014, for a Building Design Professional; Youth Advisory Commission for a two -year term Complete Description October 4, 2011 Page 6 January 1, 2011 — December 31, 2012 for Tate High. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council Members Champion, Bailey, and Mayor Hayek complimented the quick response to the fire at 225 Iowa Avenue the previous week -end. Mayor Pro tem Wilburn noted the welcome to the newest City of Literature, Reykjavik, Iceland posted on the City website by Mayor Hayek. Mayor Hayek noted the dedication of the Northside Literary Walk and the Oktoberfest celebration the previous week -end. City Manager Markus stated Fire Station # 4 began operations on October 3, and a ribbon cutting is scheduled for November 6; and the investigation of the Bruegger's Fire (225 Iowa Avenue) is continuing. Moved by Wilburn, seconded by Bailey, to adjourn meeting 8:15 p.m. 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. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS — 10/4/11 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. The Mayor presented Outstanding Student Citizenship Awards to Weber Elementary students: Meg Moreland, Dillon Doyle, Austin West. The Mayor proclaimed Fire Prevention Week — October 9 -15, 2011. Fire Lt. Tinnes accepting. Unless otherwise noted, all actions were affirmative and unanimous. Moved and seconded that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as amended and to delete from the Consent Calendar and consider as a separate Item 4d(2) setting a hearing for a Self- Supporting Municipal Improvement District (SSMID): Approval of Council Actions, subject to corrections, as recommended by the City Clerk: September 19, Regular Council Work Session; September 20, Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Airport Commission - June 16, 2011; Airport Commission - July 21, 2011; Airport Commission - August 4, 2011; Airport Commission - August 25, 2011; Board of Adjustment - August 10, 2011; Housing and Community Development Commission - June 16, 2011; Human Rights Commission - August 16, 2011; Planning & Zoning Commission - September 1, 2011; Police Citizens Review Board - July 12, 2011. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Beer Permit for ND Express, Inc., dba North Dodge Express, 2790 N. Dodge St.; Class C Liquor License for Saloon of Iowa City, LC, dba The Saloon, 112 E. College St.; Class C Liquor License for Bread Garden of Iowa City, LC, dba Bread Garden Market and Bakery, 225 S. Linn St.; Outdoor Service Area for Bread Garden of Iowa City, LC, dba Bread Garden Market and Bakery, 225 S. Linn St.; Class C Liquor License for Blue Moose, Inc., dba Blue Moose, 211 Iowa Ave.; Class C Liquor License for Givanni's of Iowa City, Inc., dba Givanni's, 109 E College St.; Class C Liquor License for Mondo's of Iowa City, Inc., dba Joseph's Steakhouse, 212 S. Clinton St.; Class C Beer Permit for On the Go Convenience Stores, Inc., dba On the Go Convenience Stores, Inc., 2315 Muscatine Ave.; Class E Liquor License for Jason Caylor dba Liquor Downtown, 315 S. Gilbert St.; Class C Liquor License for Micky's of Iowa City, Inc., dba Micky's Irish Pub, 11 S. Dubuque St.; Class C Liquor License for Hilltop Tavern, Ltd., dba Hilltop Lounge, 1100 N. Dodge St.; Special Class C Liquor License for Angela, Inc., dba Masala, 9 S. Dubuque St.; Class C Beer Permit for HWZ, LLC, dba RJ'Z Express, 2 Escort Ln; RES. 11 -316 TO ISSUE CIGARETTE PERMIT. Setting Public Hearings: RES. 11 -317 SETTING PUBLIC HEARING FOR OCTOBER 18, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1208 EAST BURLINGTON STREET; RES. 11 -318, SETTING PUBLIC Complete Description October 4, 2011 Page 2 HEARING FOR OCTOBER 18, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 329 DOUGLASS COURT. RES. 11 -319, SETTING A PUBLIC HEARING ON OCTOBER 18, 2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COURT HILL TRAIL — PHASE THREE 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. 11 -320, ACCEPTING THE WORK FOR THE 420T" STREET IMPROVEMENTS PROJECT; RES. 11 -321, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2705 WHISPERING MEADOWS, IOWA CITY, IOWA; RES. 11 -322, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1107 CLARK COURT, IOWA CITY, IOWA; RES. 11 -323, ACCEPTING THE WORK FOR THE 2011 WALES STREET WATER MAIN IMPROVEMENTS PROJECT. Motions: Approve disbursements in the amount of $13,673,133.03 for the period of August 1 through August 31, 2011, as recommended by the Finance Director subject to audit. Correspondence: Traffic Engineering Planner regarding Installation of NO PARKING CORNER TO HERE signs on the south side of Market Street (300 Block); Traffic Engineering Planner regarding Installation of temporary traffic signals at the intersection of Melrose Avenue and the driveway located southwest of Kinnick Stadium; City Engr. regarding Final Acceptance of Public Improvements; City Engr. regarding Competitive Quotation Results; Letters from Nick Arp; Caroline Dieterle (x2) regarding Downtown Survey; Larry Aschbrenner regarding Sanctuary City; Frank Williams regarding Von Maur; Holly Bodin regarding Oakcrest Sidewalk Request; Bonnie Nolan regarding SGB Holdings, LLC [Staff response included]; Mary Knudson - Dion regarding Miller- Orchard Neighborhood Meeting with Superintendent Murley. Moved and seconded to set a public hearing for November 1, 2011, on an ordinance creating a Self- Supporting Municipal Improvement District (SSMID) according to Iowa Code Chapter 386 for downtown Iowa City. The Mayor Pro tern declared the motion carried, 4/0/3, with the following division of roll call vote. Ayes: Bailey, Mims, Wilburn, Wright. Absent: None. Abstaining: Champion, Dickens, Hayek. Mayor Hayek now presiding. Anna Buss, 525 W. Benton, appeared regarding a neighborhood meeting where all neighbors were not notified concerning the sidewalk project on Miller /Hudson; and requested another meeting be scheduled and all neighbors affected be asked to attend. Staff will follow up. Moved and seconded to set a public hearing for October 18 on a resolution amending the Comprehensive Plan to change the land use designation from single family residential stabilization to Urban Commercial for property located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street and the MidAmerican substation located on the west side of Linn Street (CPA11- 0003). Moved and seconded to set a public hearing for October 18 on an ordinance conditionally rezoning approximately .34 -acres of land located at 221 N. Linn Street, 225 N. Complete Description October 4, 2011 Page 3 Linn Street and 223 E. Bloomington Street and the MidAmerican substation located on the west side of Linn Street from neighborhood residential stabilization (RNS -12) to Central Business Service (CB -2) (REZ11- 00012). Moved and seconded to set a public hearing for October 18 on an ordinance amending the Planned Development Overlay High Density Single Family (OPD /RS -12) Plan for 2.73 -acres of land located at 2785, 2829 and 2871 Heinz Road (REZ11- 00013). A public hearing was held on a resolution amending the Comprehensive Plan to adopt the Riverfront Crossings District - Sub -Area Plan. Moved and seconded to adopt RES. 11 -325, AMENDING THE COMPREHENSIVE PLAN TO ADOPT THE RIVERFRONT CROSSINGS DISTRICT - SUB -AREA PLAN. A public hearing was held on an ordinance amending Title 14, Zoning Code, Paragraph 14- 413- 413-23, to modify the standards for vehicle repair uses in the Intensive Commercial Zone when located adjacent to a residential zone. Moved and seconded that the ordinance amending Title 14, Zoning Code, Paragraph 14- 413- 413-23, to modify the standards for vehicle repair uses in the Intensive Commercial Zone when located adjacent to a residential zone, be given first vote. A public hearing was held on an ordinance amending Title 14, Zoning Code, Subsection 14 -4C -1 D, to clarify a cross - reference regarding off - street parking located on a separate lot from the use served and to delete Subparagraph 14- 2C- 413-3A., an obsolete provision regarding side and rear building setbacks in commercial zones. Moved and seconded that the ordinance amending Title 14, Zoning Code, Subsection 14 -4C -1 D, to clarify a cross - reference regarding off - street parking located on a separate lot from the use served and to delete Subparagraph 14- 2C- 413-3A., an obsolete provision regarding side and rear building setbacks in commercial zones, be given first vote. A public hearing was held on an ordinance amending Title 14, Zoning Code, Table 2c- 2(a), Section 14 -2C -6, Section 14 -2C -8, and Paragraph 14- 4B -4A -7, to establish dimensional and commercial site development standards in the Central Business Service (CB -2) Zone similar to standards applied in the other Central Business Zones, and to clarify and establish setback and entrance requirements, provide additional flexibility for parking location, and modify construction standards to accommodate upper floor commercial uses in mixed -use buildings in the Central Business Zones. Moved and seconded that the ordinance amending Title 14, Zoning Code, Table 2C- 2(a), Section 14 -2C -6, Section 14 -2C -8, and Paragraph 14- 4B -4A -7, to establish dimensional and commercial site development standards in the Central Business Service (CB -2) Zone similar to standards applied in the other Central Business Zones, and to clarify and establish setback and entrance requirements, provide additional flexibility for parking location, and modify construction standards to accommodate upper floor commercial uses in mixed -use buildings in the Central Business Zones, be given first vote. A public hearing was held on an ordinance amending Title 14, Zoning Code, Paragraphs 2A -6C -4 and 4B -1A, to allow an applicant to seek a minor modification to the single family site development standard that establishes minimum driveway length. Moved and seconded that the ordinance amending Title 14, Zoning Code, Paragraphs 2A -6C -4 and 4B -1A, to allow an applicant to seek a minor modification to the single family site development standard that establishes minimum driveway length, be given second vote. A public hearing was held on an ordinance amending Title 14, Zoning Code, Article 4A, Use Categories, to add a new use category entitled, "Building Trade Uses, "; and Complete Description October 4, 2011 Page 4 associated amendments to allow said building trade uses in the CI -1, 1 -1, and 1 -2 Zones as permitted uses and in the CC -2 Zone as provisional uses and to establish approval criteria for said provisional uses in Article 14 -413. Moved and seconded that the ordinance amending Title 14, Zoning Code, Article 4A, Use Categories, to add a new use category entitled, "Building Trade Uses, "; and associated amendments to allow said building trade uses in the CI -1, 1 -1, and 1 -2 Zones as permitted uses and in the CC -2 Zone as provisional uses and to establish approval criteria for said provisional uses in Article 14 -413, be given first vote. Moved and seconded that ORD. 11 -4445, REZONING APPROXIMATELY 10 ACRES OF LAND LOCATED AT 350 DUBLIN DRIVE FROM PLANNED DEVELOPMENT OVERLAY 8 (OPD -8) TO PLANNED DEVELOPMENT OVERLAY LOW DENSITY MULTI - FAMILY 12 (OPD -RM12) (REZ11- 00005), be passed and adopted. Moved and seconded that ORD. 11 -4446, AMENDING TITLE 14, ZONING CODE, ARTICLE 9A, GENERAL DEFINITIONS, TO CLARIFY THE DEFINITION OF ENLARGEMENT /EXPANSION AS IT RELATES TO ALCOHOL SALES - ORIENTED USES, be passed and adopted. Moved and seconded that ORD. 11 -4447, AMENDING TITLE 14: ZONING CODE, PARAGRAPH 14- 413- 413-17, SALES - ORIENTED RETAIL IN THE CI -1 ZONE, TO ALLOW PET SUPPLY STORES, be passed and adopted. Moved and seconded to adopt RES. 11 -326, APPROVING THE PRELIMINARY OF SADDLEBROOK MEADOWS, IOWA CITY, IOWA (SUB011- 00013). A public hearing was held on a resolution authorizing conveyance of a single family home located at 336 Douglass Court. Moved and seconded to adopt RES. 11 -327, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 336 DOUGLASS COURT. A public hearing was held on a resolution determining the Riverfront Crossings Urban Renewal Area of the city to have conditions of blight and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the city; designating such area as appropriate for an urban renewal project; and adopting the Riverfront Crossings Urban Renewal Plan therefor. Moved and seconded to continue public hearing to October 18. Moved and seconded to defer to October 18 a resolution determining the Riverfront Crossings Urban Renewal Area of the city to have conditions of blight and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the city; designating such area as appropriate for an urban renewal project; and adopting the Riverfront Crossings Urban Renewal Plan therefor. Moved and seconded that the ordinance amending City Code Title 17, entitled "Building and Housing," Chapter 12, entitled "Appeals," to eliminate the composition requirements of the Board of Appeals, be given first vote. Moved and seconded that the ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Subsection B, entitled "Exceptions ", be given first vote. Moved and seconded that the ordinance providing that general property taxes levied and collected each year on all property located within the Towncrest Urban Renewal Area, in Complete Description October 4, 2011 Page 5 the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, rebates, grants, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with said urban renewal redevelopment project, be given second vote. The Mayor declared the motion carried, 6/0/1, Champion abstaining due to a conflict of interest. Moved and seconded to grant a 45 -day extension to the Police Citizens Review Board for the filing of the public report with the City Council on Complaint #11 -01. The Mayor noted the previously announced vacancies to Boards and Commissions: Board of Adjustment for a five -year term January 1, 2012 - January 1, 2017; Human Rights Commission for three vacancies to fill three -year terms January 1, 2012 - January 1, 2015; Parks & Recreation Commission for a four -year term January 1, 2012 - January 1, 2016; Public Art Advisory Committee for two vacancies to fill three -year terms January 1, 2012 - January 1, 2015; Senior Center Commission for two vacancies to fill three -year terms January 1, 2012 - December 31, 2014; Youth Advisory Commission for three vacancies for two -year terms January 1, 2012 - December 31, 2013. Applications must be received by 5:00 p.m., Wednesday, October 26, 2011. Moved and seconded to appoint Daniel Benton, 729 N. Linn Street, to the Senior Center Commission for an unexpired term, effective upon appointment, ending December 31, 2012. The Mayor noted no applications were received for the following appointments and all will be readvertised: Airport Zoning Brd of Adjustment for an unexpired term, effective upon appointment, plus a five -year term January 1, 2007 - December 31, 2011; Airport Zoning Brd of Adjustment for a five -year term January 1, 2009 - December 31, 2013; Airport Zoning Commission for a six -year term January 1, 2006 - December 31, 2011; Airport Zoning Commission for a six -year term January 1, 2010 - December 31, 2015; Appeals, Board of - for a five -year term January 1, 2009 - December 31, 2013, for a Mechanical Professional; Appeals, Board of for an unexpired term, effective upon appointment, ending December 31, 2014, for a Building Design Professional; Youth Advisory Commission for a two -year term January 1, 2011 - December 31, 2012 for Tate High. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Moved and seconded to adjourn meeting 8:15 p.m. A more complete description of Council Activities and disbursements is on file in the office of the City Clerk and Finance Department. s /Matthew J. Hayek, Mayor s /Marian K. Karr, City Clerk Submitted for publication - 10/11/11.