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HomeMy WebLinkAbout2011-11-01 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES NOVEMBER 1, 2011 Iowa City City Council regular meeting 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Bailey, Champion, Hayek, Mims, Wilburn, Wright: Absent: Dickens. Staff members present: Markus, Helling, Dilkes, Karr, Davidson, Andrew, Bentley, Moran, Boothroy, O'Malley, Ford, Steffen, Rocca, Dulek, Havel. The Mayor presented Outstanding Student Citizenship Awards to Shimek Elementary students: Cessily Hayes and Krystal Fisher. The Mayor proclaimed Hunger and Homelessness Awareness Week - November 12 -20; Chris Bartels accepting; Change Your Clock, Change Your Battery — November 6; Veterans Remembrance Day — November 11. 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: October 18, Special Council Work Session; October 18, 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): Historic Preservation Commission - September 8, 2011; Housing and Community Development Commission - September 15, 2011; Human Rights Commission - September 20, 2011; Planning and Zoning Commission - October 6, 2011; Police Citizens Review Board - September 27, 2011; Police Citizens Review Board - October 12, 2011. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Great Plains Entertainment, LC, dba Gilbert Street Piano Lounge, 374 S. Gilbert St.; Class C Liquor License for Legacy Ridge Independent Living, LLC dba Ridge Pub Lounge, 1095 Silvercrest Circle; Renewal: 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.; Outdoor Service Area for Old Capitol Brew Works and Public House, LLC, dba Old Capitol Brew Works and Public House, 525 S. Gilbert St. Resolutions: RES. 11 -341, APPROVING THE ACCEPTANCE OF THE DEDICATION OF OUTLOTS "A" AND "B" OF FIRST AND ROCHESTER, PART FOUR, IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC OPEN SPACE; RES. 11 -342, ACCEPTING THE WORK FOR THE CDG ASBESTOS ABATEMENT — CONTRACT #3 PROJECT; RES. 11 -343, ACCEPTING THE WORK FOR THE CDBG ASBESTOS ABATEMENT — CONTRACT #4 PROJECT; RES. 11 -344, ACCEPTING THE WORK FOR THE CDBG ASBESTOS ABATEMENT — CONTRACT #5 PROJECT; RES. 11 -345, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 227 N. DUBUQUE STREET, IOWA CITY, IOWA. Setting Public Hearings: RES. 11 -346, SETTING A PUBLIC HEARING ON November 22, 2011 AMENDING THE FY2012 OPERATING BUDGET; RES. 11 -347, SETTING PUBLIC HEARING FOR NOVEMBER 22, 2011, ON A PROPOSAL TO CONVEY LOT 17 IN THE NORTH AIRPORT SUBDIVISION; RES. 11 -348, SETTING PUBLIC HEARING FOR NOVEMBER 22, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME Complete Description November 1, 2011 Page 2 LOCATED AT 1025 EAST BLOOMINGTON STREET; RES. 11 -349 SETTING PUBLIC HEARING FOR NOVEMBER 22, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1208 EAST BURLINGTON STREET. Motions: Approve disbursements in the amount of $11,785,417.58 for the period of September 1 through September 30, 2011, as recommended by the finance director subject to audit; Accepting the abstract of votes for the October 11, 2011 City Primary Election. Correspondence: Letters from Mike Thayer; Joe Henderson; Carol deProsse; Marc Clark regarding Occupy Iowa Protest in park; Letters from Dianne Day, Harry Olmstead, Orville Townsend, and Diane Finnerty regarding Follow -up on ICHRC Immigration Issues Recommendations; Letters from Robin Torres, Jennifer Scanlan, and Julie Orrick regarding Thank You 2011 Air Race Classic; Denny Donovan regarding New Fire Station Landscaping [staff response included]; Brian Brandsmeier regarding Sandusky Drive [staff response included]; Letters from Bryan Steussy; Matthias Lilleg regarding Court Street traffic measures / speed barriers [staff response included]; Bonnie Nolan regarding SGB Holdings, LLC [staff response included]; Iowa City Community String Orchestra regarding Appreciation for funding; Letters from Mary Knudson; Katherine Parker Bryden; Paula Swygard; Ruth Baker; Lindsay Alan Park, Chris and Michelle Weckmann regarding Hwy. 1 Trail and Sidewalks Project — Miller- Orchard Neighborhood; Mark Hartz regarding Divaris Public survey; Kristy Hartsgrove regarding Support for Riverside Theatre. Kay Sunderberg reported she had money stolen; and supported sidewalks on Miller and Hudson . Anna Buss, 525 W. Benton and Mitch Rotman, 819 Hudson, appeared opposing installation of sidewalks on Miller & Hudson. Moved by Bailey, seconded by Wright, to set a public hearing for November 22 on an ordinance conditionally rezoning approximatley1.15 acres of property located 911 N. Governor Street, from Commercial Office (CO -1) to Low Density Multi - Family Residential (RM -12) (REZ11- 00016). A public hearing was held on an ordinance amending Title 14, Zoning Code, Article 14 -26- 8, Special Provisions, by adding a Subsection C to provide a twenty -five percent density bonus option for Elder Apartment Housing in the Multi - Family Zones except the Neighborhood Stabilization Residential Zone (RNS -20). PCD Dir. Davidson present for discussion. Kay Sunderberg appeared. Moved by Wilburn, seconded by Bailey, that the ordinance amending Title 14, Zoning Code, Article 14 -213-8, Special Provisions, by adding a Subsection C to provide a twenty -five percent density bonus option for Elder Apartment Housing in the Multi - Family Zones except the Neighborhood Stabilization Residential Zone (RNS -20), be given first vote. PCD Dir. Davidson and HIS Dir. Boothroy present for discussion. Moved by Bailey, seconded by Mims, that the 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), be given second vote. Mayor Hayek and Council Member Champion left the meeting due to a conflict of interest on the next item. Mayor Pro tem Wilburn presiding. A public hearing was held on an ordinance amending Title 3, Finance, Taxation and Fees" of the City Code to add a new chapter establishing the Iowa City Downtown Self - Supported Municipal Improvement District (SSMID) pursuant to the provisions of Chapter 386, Code of Iowa; and providing for the establishment of an operation fund and the levy of an annual tax in connection therewith. Economic Development Coordinator Ford present for Complete Description November 1, 2011 Page 3 discussion. The following individuals appeared: Karen Kubby, 1425 Ridge St., Chair of the Downtown Association's SSMID Committee; Bill Nusser, 508 River St., Hands Jewelers; Dan Black, Midwest One Bank; Rebecca Neades, Iowa City Chamber of Commerce; David Parker, Brewery Square; Scott Cray, Paul Helen Building; Holly Sanger, Anderson, Arnold and Partners; and Astrid Bennett, Iowa Artisans Gallery. Moved by Wright, seconded by Bailey, to accept correspondence from: Karen Kubby (filed October 21 & November 1 containing supplemental petitions), and email dated October 25; Doug True; Linda Schreiber; and Danielle Law (containing petitions opposing the SSMID). Moved by Mims, seconded by Bailey, that the ordinance amending Title 3, "Finance, Taxation and Fees" of the City Code to add a new chapter establishing the Iowa City Downtown Self- Supported Municipal Improvement District ( SSMID) pursuant to the provisions of Chapter 386, Code of Iowa; and providing for the establishment of an operation fund and the levy of an annual tax in connection therewith, be given first vote. Individual Council Members expressed their views. The Mayor Pro tem declared the motion carried unanimously, 4/0/2, with the following division of roll call vote. Ayes: Bailey, Champion, Mims, Wright. Absent: Dickens. Abstaining: Hayek, Champion. Mayor Hayek and Council Member Champion returned. Mayor Hayek now presiding. A hearing was held pursuant to City Code Section 10 -1 -5 on Occupy Iowa City's appeal of the terms of the permit issued for the use of College Green Park. The following people appeared: Zach Crowdes; Steve Hoffelt; Billy Zelsnach; Charles Eicher; Tom Hudson; Ant Hyde; Ozur Percy; Mauro Heck, 1 Joyfield Lane; Victoria Watson; Eva Roethler; Alison Clark; Anna Hurley; Nick Harper, 515 E. College; Sara Henryson, 1923 Kirkwood Ave.; Mary Gravitt, Dennis Tuite; Farrad Marazzi; and Andrew Alamahoe. Moved by Wilburn, seconded by Bailey, to accept correspondence from Darian Curry (2), Nathan Morton, Thomas Hudson, Mike Mooney, Eva Roethler, Kim Edge, Charles Eicher, Eric Lee Klein. Individual Council Members expressed their views. Parks & Recreation Dir. Moran and Fire Chief Moran responded to questions. Moved by Bailey, seconded by Wright, to modify the conditions of the Public Assembly Permit (subsection 5) to adding language ".....two arctic tents with a capacity of no more than 10 persons are allowed, subject to approval of the City's Fire Department.... There shall be no electric devices in the tents." Moved by Champion, seconded by Wright, that the ordinance amending Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," by adding the definition of calibrator to Section 5 -2 -1, "Definitions; amending Section 5 -2 -2 to clarify company responsibility when a vehicle is no longer operating as a taxi; amending Section 5 -2 -7 to provide provisions for one rate per company per calibration form; and Section 5 -2 -8 removing the option of owner name instead of business name, be given first vote. Moved by Wright, seconded by Wilburn, to accept correspondence from Pam Alawneh. Moved by Wright, seconded by Mims, that the ordinance amending Title 1, "Administration ", Chapter 8, "Administrative Service Departments ", Section 1 -8 -1, "Administrative Service Departments organized" to update the titles of departments and the heads thereof and amending Section 1 -8 -3 "Department Heads" to establish a residency requirement for department heads, be given first vote. Moved by Mims, seconded by Wright, to adopt RES. 11 -350, RESCINDING THE 2005 PERSONNEL POLICIES AND THE 1981 AFFIRMATIVE ACTION POLICY AND ESTABLISHING AMENDED PERSONNEL POLICIES. Kenneth Longdon, 1940 S. Ridge Dr., appeared. Complete Description November 1, 2011 Page 4 Moved by Mims, seconded by Wright, to adopt RES. 11 -351, AWARDING CONTRACT to Advanced Electrical Services, for $ 448,000.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WATER WORKS PRAIRIE PARK FLOOD MITIGATION PROJECT. Moved by Bailey, seconded by Champion, to adopt RES. 11 -352, APPROVING A CONTRACT WITH JOHNSON COUNTY FOR LIBRARY SERVICES TO RURAL RESIDENTS. The Mayor noted the previous vacancy on Planning & Zoning Commission for an unexpired term, effective upon appointment, ending May 1, 2015. Applications must be received by 5:00 p.m., Wednesday, November 30, 2011. The Mayor noted the current vacancies: Board of Appeals for a five -year term January 1, 2012 - December 31, 2016, for a Mechanical or Building Design Professional; Or a qualified trade representative, if after 3 months no professional applies or is appointed; Telecommunications Commission for an unexpired term, effective upon appointment - March 13, 2014. Moved by Champion, seconded by Mims, to accept correspondence from Nolan Klouda. Applications must be received by 5:00 p.m., Wednesday, December 7, 2011. Moved by Champion, seconded by Mims, to make the following appointments: appoint Henri Harper, 701 Chestnut Court, Shams Ghoneim, 1104 Wylde Green Road, and Kim Hanrahan, 435 Grant Street , to the Human Rights Commission for three vacancies for three - year terms January 1, 2012 - January 1, 2015; Cara Hamann, 513 Y2 2 "d Avenue to the Parks & Recreation Commission for a four -year term January 1, 2012 - January 1, 2016; Katherine Rapp, 4314 Cumberland Lane, to the Youth Advisory Commission for two -year term January 1, 2012 - December 31, 2013. The Mayor noted no applications were received for the following Boards and Commissions and all will be readvertised: Airport Zoning Brd of Adjustment for an unexpired term, effective upon appointment, plus 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 - One vacancy to fill a six -year term January 1, 2006 - December 31, 2011;. Airport Zoning Commission for a six -year term January 1, 2010 - December 31, 2015; Board of Adjustment for a five -year term January 1, 2012 - January 1, 2017; 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 two vacancies to fill two -year terms January 1, 2012 - December 31, 2013; Youth Advisory Commission for a two -year term January 1, 2011 - December 31, 2012 for Tate High. The appointments for Board of Appeals Mechanical Professional for a five -year term January 1, 2009 - December 31, 2013, and for Board of Appeals Building Design Professional for an unexpired term, effective upon appointment, ending December 31, 2014, will be readvertised in accordance with Bylaw changes approved October 18 reducing membership. Moved by Wright, seconded by Mims, to accept correspondence from John Westefeld and Katherine Rapp. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council Member Bailey reminded citizens of the open house for Fire Station # 3 planned for November 6. Complete Description November 1, 2011 Page 5 Moved by Wilburn, seconded by Mims, to adjourn meeting 10:05 p.m. Matthew J. a k, Mayor Marian K. Karr, City Clerk ^�® CITY OF IOWA CITY - - #! �m� `s 4a(1) 15 1, ®.�� EMoR A N D U M M Date: October 18, 2011 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, October 18, 2011, 6:00 PM in Emma J. Harvat Hall Council: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright UISG: Graham Staff: Markus, Helling, Dilkes, Karr, Hennes, Boothroy, Davidson, Bentley, Yapp, Havel (A complete transcription is available in the City Clerk's Office and the City website) BOARD OF APPEALS BY -LAW CHANGES [Item #14] City Clerk Karr referenced item # 14 and the request from the Board of Appeals to amend the by -laws in three areas: 1. Reduction in the number of members from seven (7) to five (5). 2. Opening up to qualified trade representatives if no professional applies or is appointed after three months 3. Opening up to non - resident if no residents apply after three months Staff recommends approval of # 1 and # 2 only. The Rules Committee recommends approval of # 1 and # 2, and was split on # 3. Sr. Bldg. Inspector Hennes present. After discussion a majority agreed to amend the resolution and not allow for non - residents to serve on City Boards and Commissions. STAFF ACTION: Resolution will be amended on the floor during the formal meeting. (Karr) AGENDA ITEMS 1. (Agenda item # 18 — Resolution amending the budgeted positions in the Cable TV Division ... Media Production Services Coordinator ...) In response to Council Member Wright, Asst. City Mgr. Helling reported that the $5000 difference in salary would be funded through the Cable budget and not the general fund. 2. (Agenda item # 9 — Determining the Riverfront Crossings Urban Renewal Area.... Public hearing .... Resolution) Council Member Mims pointed out to PCD Dir. Davidson the memo included in the packet refers to the Riverfront Crossings in the beginning but the majority of the text refers to Towncrest; suggesting it was updated from a previous document. 3. (Agenda item # 17 — resolution awarding contract ... Water Works Prairie Park Flood Mitigation Improvements Project) City Clerk Karr stated staff has requested the item be deferred to the November 1 Council meeting to allow for state review. 4. (Consent Calendar item # 4e (10) — Correspondence form Steve Smith; James & LeAnne Dreier re increased vandalism & problems in the north end) In response to Council Member Bailey, City Manager Markus stated that there has been, and will continue to be, an increased police patrol in neighborhoods. Council Work Session October 18, 2011 Page 2 5. (Consent Calendar item # 4e (8) — Correspondence from Paula Swygard; Mark Cannon re Hwy. 1 Trail and Sidewalks Project — Miller- Orchard Neighborhood) PCD Dir. Davidson, Transportation Planner Yapp, and HIS Dir. Boothroy present for questions. PCD Dir. Davidson stated the item will be reviewed at the November 1St special work session, and the neighborhood association notified. 6. (Consent Calendar item # 4e (9) — Correspondence from James Surratt re traffic light) In response to Council Member Mims, Transportation Planner Yapp reported during the wintertime when the sun shines directly into the video the camera has trouble picking up white or light gray vehicles; and transit is looking into changes that would assist in the detection. INFORMATION PACKET DISCUSSION [October 6 & 13] Packet of 10/6 — No discussion Packet of 10/13 1. (IP3 — Court Street Traffic Calming Neighborhood Meeting) City Mgr. Markus and Transportation Planner Yapp updated Council on the meeting and responded to questions. After discussion staff will offer the on street parking option again, and prepare a timeline and costs for other options for Council review. 2. (IP6 — KXIC Radio Show) Council agreed to the following schedule: November 2 - Hayek November 9 - Dickens November 16 -Mims November 23 - Champion November 30 -Wright COUNCIL TIME No discussion SUMMARY OF PENDING WORK SESSION ISSUES Council Member Champion requested that the discussion on the Partnership For Alcohol Safety (PAS) recommendations include information on statistics from the Iowa City Police and the University of Iowa Police regarding PAULA rates. UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS Mayor Hayek stated he would be attending a meeting in Des Moines on Monday, October 24, regarding passenger rail issues. Meeting adjourned 6:30 PM. 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 — 10/18/11 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 Mark Twain Elementary students: Escalade Smith, Lynn Schweer, Savannah Yauk. The Mayor proclaimed Food Day — October 24, 2011, Bethany Bender, Slow Food Iowa City accepting; Extra Mile Day — November 1, 2011; Founder's Day, November 1, 2011. Unless otherwise noted, all actions were affirmative and unanimous. Moved and by 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: October 4, Special Council Work Session; October 4, Special Council Formal Official and Complete; October 4, 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). Planning & Zoning Commission - September 15, 2011; Youth Advisory Commission - September 11, 2011. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Studio 13, 13 S. Linn St.; Renewal: Class C Liquor License for DC's, 124 S. Dubuque St.; Class C Liquor License for Oaknoll Retirement Residence, 1 Oaknoll Ct.; Class E Liquor License for Wal -Mart Store #1721, 919 Highway 1 W.; Special Class C Liquor License for Zio Johno's Iowa City, 953 S. Riverside Dr.; Class C Liquor License for Grizzly's South Side Pub, 1210 Highland Ct.; Class C Liquor License for Jobsite, 928 Maiden Ln. RES. 11 -328, TO ISSUE DANCING PERMIT to Studio 13,13 S. Linn St. Resolutions: RES. 11 -329, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF MORTGAGE FOR THE PROPERTY LOCATED AT 3410 SHAMROCK DRIVE, IOWA CITY, IOWA; RES. 11 -330, ACCEPTING THE DEDICATION OF AND AUTHORIZING THE MAYOR TO ENTER INTO A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT AND PERMANENT STORM SEWER AND DRAINAGE EASEMENT AGREEMENT FOR LOT 28, TUDOR PARK, PART TWO, IOWA CITY, JOHNSON COUNTY, IOWA. Correspondence: Traffic Engineering Planner regarding Install YIELD signs for bicycles on the wide sidewalk on the north side of the intersection of Dodge Street / ACT Circle City Engr.: Competitive Quotation Results; Letters from Occupy Iowa City; Mike Thayer regarding Occupy Protest in park; Letter from Diana Henry; Stephen Locher; Rev. Mel Schlachter and the Rev. Karla Stoltzfus Detweiler regarding Immigration and ICHRC Subcommittee Recommendations; Jennifer Terry regarding Von Maur; Jerry D. Moore regarding Puppett shows during Arts Festival [Staff response included]; C.T. Kruckeberg regarding Waterworks Park / Dubuque Street Bridge [staff response included]; Letters from Paula Swygard; Mark Cannon regarding Hwy. 1 Trail and Sidewalks Project - Miller - Orchard Neighborhood; James Surratt regarding Traffic Light; Steve Smith; James & LeAnne Dreier regarding Increased vandalism & problems in the north end; Andrew L. Official Actions October 18, 2011 Page 2 Smith regarding University Student Visit [staff response included]; Kelly Bender regarding Bar Owner and PAS Recommendations for 21 Ordinance Changes. Senior Center Commissioner Jay Honohan updated Council on activities at the Center. Moved and seconded to set a public hearing for November 1 on an ordinance amending Article 14 -213 of the Zoning Code to provide a density bonus for elder apartment housing. A public hearing was held 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); and on an ordinance rezoning the MidAmerican Substation and conditionally rezoning approximately .42 -acres of land located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street from Neighborhood Residential Stabilization (RNS -12) to Central Business Service (CB -2) (REZ11- 00012). The following individuals appeared: Jess Allen, Allen Homes; John Thomas, 509 Brown St., Northside Neighborhood Association Coordinator; Cole Swensen, 730 N. Van Buren St.; Christina Welu- Reynolds, 619 Brown St.; Jim Throgmorton, 714 N. Linn St.; Beth Rapson, 715 N. Johnson St.; Pam Michaud, 109 S. Johnson St.; and Jiyun Park. Moved and seconded to accept correspondence from Jiyun Park. Moved and seconded to adopt RES. 11 -331, 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). The Mayor declared the resolution adopted, 4/3, with the following division of roll call vote: Ayes: Bailey, Dickens, Mims, Wilburn. Nays: Champion, Hayek, Wright. Absent: None A public hearing was held on an ordinance rezoning the MidAmerican Substation and conditionally rezoning approximately .42 -acres of land located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street from Neighborhood Residential Stabilization (RNS -12) to Central Business Service (CB -2) (REZ11- 00012). Jim Throgmorton, 714 N. Linn St., appeared. The Mayor announced that all comments received under the previous item would be accepted into the record for this public hearing as well. Moved and seconded to accept correspondence from Jiyun Park. Moved and seconded that the ordinance rezoning the MidAmerican Substation and conditionally rezoning approximately .42 -acres of land located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street from Neighborhood Residential Stabilization (RNS -12) to Central Business Service (CB -2) (REZ11- 00012), be given first vote. The Mayor declared the ordinance defeated, 2/5, with the following division of roll call vote. Ayes: Dickens, Bailey. Nays: Hayek, Mims, Wilburn, Wright, Champion. Absent: None. A public hearing was held 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). Steve Gordon, AM Management, appeared. Moved and seconded that the 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), be given first vote. Moved and seconded to combine Items 6E through 61. 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 Official Actions October 18, 2011 Page 3 passed be suspended, the second consideration and vote be waived, and that ORD. 11- 4448, 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; ORD. 11 -4449, 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- 4B -3a., AN OBSOLETE PROVISION REGARDING SIDE AND REAR BUILDING SETBACKS IN COMMERCIAL ZONES; ORD. 11 -4450, 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; ORD. 11 -4451, 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; ORD. 11 -4452, 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 voted on for final passage at this time. Moved and seconded that the ordinances be finally adopted at this time. Moved and seconded to adopt RES. 11 -332, APPROVING AN AMENDMENT TO THE SUBDIVIDER'S AGREEMENT REGARDING REQUIREMENTS FOR ESCROW ACCOUNTS AND SECONDARY STREET ACCESS FOR SADDLEBROOK PART 2. PCD Dir. Davidson present for discussion. A public hearing was held on a resolution authorizing conveyance of a single family home located at 1208 East Burlington Street. Moved and seconded to adopt RES. 11 -333, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1208 EAST BURLINGTON STREET. A public hearing was held on a resolution authorizing conveyance of a single family home located at 329 Douglass Court. Moved and seconded to adopt RES. 11 -334, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 329 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 adopt RES. 11 -335, DETERMINING THE RIVERFRONT CROSSINGS URBAN RENEWAL AREA OF THE CITY TO HAVE CONDITIONS OF BLIGHT AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, Official Actions October 18, 2011 Page 4 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. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Court Hill Trail – Phase Three 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 -336, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COURT HILL TRAIL – PHASE THREE NRT- 3715(649)- 9G -52, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Moved and seconded that the 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 -4453, 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 voted on for final passage at this time. Moved and seconded that the ordinance be finally adopted at this time. Council Member Champion abstained due to a conflict of interest on the next item. Moved and seconded that ORD. 11 -4454, 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 passed and adopted. The Mayor declared the ordinance adopted, 6/0/1, with the following division of roll call vote. Ayes: Wilburn, Wright, Bailey, Dickens, Hayek, Mims. Absent: None. Abstaining: Champion. 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 -4455, AMENDING CITY CODE TITLE 17, ENTITLED "BUILDING AND HOUSING," CHAPTER 12, ENTITLED "APPEALS," TO ELIMINATE THE COMPOSITION REQUIREMENTS OF THE BOARD OF APPEALS, be voted on for final passage at this time. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to amend the resolution by removing item # 3, providing for non- residents to serve. Moved and seconded to adopt RES. 11 -337, APPROVING THE BY- LAWS OF THE BOARD OF APPEALS, as amended. Moved and seconded to adopt RES. 11 -338, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2011 PARKING RAMP REPAIRS PROJECT. Official Actions October 18, 2011 Page 5 Moved and seconded to adopt RES. 11 -339, AWARDING CONTRACT to Sulzberger Excavating for $ 281,967.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE PHASE 1 OF THE FIRST AVENUE STORM SEWER IMPROVEMENTS PROJECT. Moved and seconded to defer to November 1 a resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Water Works Prairie Park Flood Mitigation Improvements Project. Moved and seconded to adopt RES. 11 -340, AMENDING THE BUDGETED POSITIONS IN THE CABLE TV DIVISION OF THE ADMINISTRATIVE OFFICES DEPARTMENT AND THE AFSCME AND ADMINISTRATIVE PAY PLANS BY RECLASSIFYING THE COMMUNITY PROGRAMMER POSITION, AFSCME GRADE 9, TO MEDIA PRODUCTION SERVICES COORDINATOR, ADMINISTRATIVE GRADE 26. The Mayor noted the previously announced vacancies to Boards and Commissions: Airport Zoning Brd of Adjustment for an unexpired term, effective upon appointment, plus a five -year term January 1, 2007 - December 31, 2011; Airport Zoning Brd of Adjustment for a five -year term January 1, 2009 - December 31, 2013; Airport Zoning Commission for a six - year term January 1, 2006 - December 31, 2011; Airport Zoning Commission for a six -year term January 1, 2010 - December 31, 2015; Board of Appeals for a five -year term January 1, 2009 - December 31, 2013, for a Mechanical Professional; Board of Adjustment for a five - year term January 1, 2012 - January 1, 2017; Board of Appeals for an unexpired term, effective upon appointment, ending December 31, 2014, for a Building Design Professional; 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; Youth Advisory Commission for a two -year term January 1, 2011 - December 31, 2012 for Tate High. Applications must be received by 5:00 p.m., Wednesday, October 26, 2011. The Mayor noted the current vacancy: Planning & Zoning Commission for an unexpired term, effective upon appointment, ending May 1, 2015, Applications must be received by 5:00 p.m., Wednesday, November 30, 2011. Moved and seconded to accept correspondence from Wally Plahutnik (3). Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Moved and seconded to adjourn meeting 9:20 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 /Marian K._Karr, ?6tion Cler Submitted for pub - 10/26/11. 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 18, 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, Dilkes, Karr, Davidson, Bentley, O'Brien, Havel, Ford. The Mayor presented Outstanding Student Citizenship Awards to Mark Twain Elementary students: Escalade Smith, Lynn Schweer, Savannah Yauk. The Mayor proclaimed Food Day — October 24, 2011, Bethany Bender, Slow Food Iowa City accepting; Extra Mile Day — November 1, 2011; Founder's Day, November 1, 2011. 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: October 4, Special Council Work Session; October 4, Special Council Formal Official and Complete; October 4, 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). Planning & Zoning Commission: September 15, 2011; Youth Advisory Commission: September 11, 2011. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Corridor Entertainment, LC, dba Studio 13, 13 S. Linn St.; Renewal: Class C Liquor License for Caffrey, Inc., dba DC's, 124 S. Dubuque St.; Class C Liquor License for Christian Retirement Services, Inc., dba Oaknoll Retirement Residence, 1 Oaknoll Ct.; Class E Liquor License for Wal -Mart Stores, Inc., dba Wal -Mart Store #1721, 919 Highway 1 W.; Special Class C Liquor License for Zio Johno's, Inc., dba Zio Johno's Iowa City, 953 S. Riverside Dr.; Class C Liquor License for HMDS, Inc., dba Grizzly's South Side Pub, 1210 Highland Ct.; Class C Liquor License for Jobsite, LLC, dba Jobsite, 928 Maiden Ln. RES. 11 -328, TO ISSUE DANCING PERMIT to Corridor Entertainment, LC, dba Studio 13, 13 S. Linn St. Resolutions: RES. 11 -329, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF MORTGAGE FOR THE PROPERTY LOCATED AT 3410 SHAMROCK DRIVE, IOWA CITY, IOWA; RES. 11 -330, ACCEPTING THE DEDICATION OF AND AUTHORIZING THE MAYOR TO ENTER INTO A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT AND PERMANENT STORM SEWER AND DRAINAGE EASEMENT AGREEMENT FOR LOT 28, TUDOR PARK, PART TWO, IOWA CITY, JOHNSON COUNTY, IOWA. Correspondence: Traffic Engineering Planner regarding Install YIELD signs for bicycles on the wide sidewalk on the north side of the intersection of Dodge Street / ACT Circle City Engr.: Competitive Quotation Results; Letters from Occupy Iowa City; Mike Thayer regarding Occupy Protest in park; Letter from Diana Henry; Stephen Locher; Rev. Mel Schlachter and the Rev. Karla Stoltzfus Detweiler regarding Immigration and ICHRC Subcommittee Recommendations; Jennifer Terry regarding Von Maur; Jerry D. Moore regarding Puppett shows during Arts Festival [Staff response included]; C.T. Kruckeberg regarding Waterworks Park / Dubuque Street Bridge [staff response included]; Letters from Complete Description October 18, 2011 Page 2 Paula Swygard; Mark Cannon regarding Hwy. 1 Trail and Sidewalks Project - Miller - Orchard Neighborhood; James Surratt regarding Traffic Light; Steve Smith; James & LeAnne Dreier regarding Increased vandalism & problems in the north end; Andrew L. Smith regarding University Student Visit [staff response included]; Kelly Bender regarding Bar Owner and PAS Recommendations for 21 Ordinance Changes. Senior Center Commissioner Jay Honohan updated Council on activities at the Center. Moved by Bailey, seconded by Mims, setting a public hearing for November 1 on an ordinance amending Article 14 -213 of the Zoning Code to provide a density bonus for elder apartment housing. A public hearing was held 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); and on an ordinance rezoning the MidAmerican Substation and conditionally rezoning approximately .42 -acres of land located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street from Neighborhood Residential Stabilization (RNS -12) to Central Business Service (CB -2) (REZ11- 00012). PCD Dir. Davidson presented a power point. The Mayor requested Council Members discuss any ex parte communications, and Council Members Dickens, Bailey, Hayek, Wright, and Champion reported. The following individuals appeared: Jess Allen, Allen Homes; John Thomas, 509 Brown St., Northside Neighborhood Association Coordinator; Cole Swensen, 730 N. Van Buren St.; Christina Welu- Reynolds, 619 Brown St.; Jim Throgmorton, 714 N. Linn St.; Beth Rapson, 715 N. Johnson St.; Pam Michaud, 109 S. Johnson St.; and Jiyun Park. Individual Council Members expressed their views. Moved by, Mims, seconded by Champion, to accept correspondence from Jiyun Park. Moved by Bailey, seconded by Mims, to adopt RES. 11 -331, 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). The Mayor declared the resolution adopted, 4/3, with the following division of roll call vote: Ayes: Bailey, Dickens, Mims, Wilburn. Nays: Champion, Hayek, Wright. Absent: None A public hearing was held on an ordinance rezoning the MidAmerican Substation and conditionally rezoning approximately .42 -acres of land located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street from Neighborhood Residential Stabilization (RNS -12) to Central Business Service (CB -2) (REZ11- 00012). Jim Throgmorton, 714 N. Linn St., appeared. PCD Dir. Davidson present for discussion. The Mayor announced that all comments received under the previous item would be accepted into the record for this public hearing as well. Moved by Mims, seconded by Champion, to accept correspondence from Jiyun Park. Moved by Bailey, seconded by Mims, that the ordinance rezoning the MidAmerican Substation and conditionally rezoning approximately .42 -acres of land located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street from Neighborhood Residential Stabilization (RNS -12) to Central Business Service (CB -2) (REZ11- 00012), be given first vote. The Mayor declared the ordinance defeated, 2/5, with the following division of roll call Complete Description October 18, 2011 Page 3 vote. Ayes: Dickens, Bailey. Nays: Hayek, Mims, Wilburn, Wright, Champion. Absent: None. A public hearing was held 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). PCD Dir. Davidson presented a power point. Steve Gordon, AM Management, appeared. Moved by Champion, seconded by Wright, that the 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), be given first vote. Moved by Wilburn, seconded by Bailey, to combine Items 6E through 61. 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 -4448, 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; ORD. 11- 4449, 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; ORD. 11 -4450, 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; ORD. 11 -4451, 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; ORD. 11 -4452, 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 voted on for final passage at this time. Moved by Wilburn, seconded by Mims, that the ordinances be finally adopted at this time. Moved by Bailey, seconded by Champion, to adopt RES. 11 -332, APPROVING AN AMENDMENT TO THE SUBDIVIDER'S AGREEMENT REGARDING REQUIREMENTS FOR ESCROW ACCOUNTS AND SECONDARY STREET ACCESS FOR SADDLEBROOK PART 2. PCD Dir. Davidson present for discussion. A public hearing was held on a resolution authorizing conveyance of a single family home located at 1208 East Burlington Street. No one appeared. Complete Description October 18, 2011 Page 4 Moved by Wilburn, seconded by Bailey, to adopt RES. 11 -333, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1208 EAST BURLINGTON STREET. A public hearing was held on a resolution authorizing conveyance of a single family home located at 329 Douglass Court. No one appeared. Moved by Bailey, seconded by Wright, to adopt RES. 11 -334, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 329 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 Development Coordinator Ford present for discussion. Moved by Bailey, seconded by Wilburn, to adopt RES. 11 -335, 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. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Court Hill Trail – Phase Three 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 by Champion, seconded by Dickens, to adopt RES. 11 -336, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COURT HILL TRAIL – PHASE THREE NRT- 3715(649)- 9G -52, 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 by Wilburn, seconded by Wright, 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 -4453, 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 voted on for final passage at this time. Moved by Wilburn, seconded by Mims, that the ordinance be finally adopted at this time. Council Member Champion abstained due to a conflict of interest on the next item. Moved by Bailey, seconded by Dickens, that ORD. 11 -4454, 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 Complete Description October 18, 2011 Page 5 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 passed and adopted. The Mayor declared the ordinance adopted, 6/0/1, with the following division of roll call vote. Ayes.. Wilburn, Wright, Bailey, Dickens, Hayek, Mims. Absent: None. Abstaining: Champion. Moved by Wright, seconded by Mims, 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 -4455, AMENDING CITY CODE TITLE 17, ENTITLED "BUILDING AND HOUSING," CHAPTER 12, ENTITLED "APPEALS," TO ELIMINATE THE COMPOSITION REQUIREMENTS OF THE BOARD OF APPEALS, be voted on for final passage at this time. Moved by Wright, seconded by Mims, that the ordinance be finally adopted at this time. Moved by Champion, seconded by Mims, to amend the resolution by removing item # 3, providing for non - residents to serve. Moved by Mims, seconded by Wright, to adopt RES. 11 -337, APPROVING THE BY -LAWS OF THE BOARD OF APPEALS, as amended. Moved by Mims, seconded by Wright, to adopt RES. 11 -338, AWARDING CONTRACT to Western Waterproofing Co. Inc. for $ 107,000.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2011 PARKING RAMP REPAIRS PROJECT. Transportation Services Dir. O'Brien present for discussion. Moved by Wilburn, seconded by Mims, to adopt RES. 11 -339, AWARDING CONTRACT to Sulzberger Excavating for $ 281,967.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE PHASE 1 OF THE FIRST AVENUE STORM SEWER IMPROVEMENTS PROJECT. Moved by Champion, seconded by Mims, to defer to November 1 a resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Water Works Prairie Park Flood Mitigation Improvements Project. Moved by Bailey, seconded by Wright, to adopt RES. 11 -340, AMENDING THE BUDGETED POSITIONS IN THE CABLE TV DIVISION OF THE ADMINISTRATIVE OFFICES DEPARTMENT AND THE AFSCME AND ADMINISTRATIVE PAY PLANS BY RECLASSIFYING THE COMMUNITY PROGRAMMER POSITION, AFSCME GRADE 9, TO MEDIA PRODUCTION SERVICES COORDINATOR, ADMINISTRATIVE GRADE 26. The Mayor noted the previously announced vacancies to Boards and Commissions: Airport Zoning Brd of Adjustment for an unexpired term, effective upon appointment, plus a five -year term January 1, 2007 - December 31, 2011; Airport Zoning Brd of Adjustment for a five -year term January 1, 2009 - December 31, 2013; Airport Zoning Commission for a six - year term January 1, 2006 — December 31, 2011; Airport Zoning Commission for a six -year term January 1, 2010 — December 31, 2015; Board of Appeals for a five -year term January 1, 2009 — December 31, 2013, for a Mechanical Professional; Board of Adjustment for a five - year term January 1, 2012 — January 1, 2017; Board of Appeals for an unexpired term, effective upon appointment, ending December 31, 2014, for a Building Design Professional; 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 Complete Description October 18, 2011 Page 6 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; Youth Advisory Commission for a two -year term January 1, 2011 — December 31, 2012 for Tate High. Applications must be received by 5:00 p.m., Wednesday, October 26, 2011. The Mayor noted the current vacancy: Planning & Zoning Commission for an unexpired term, effective upon appointment, ending May 1, 2015, Applications must be received by 5:00 p.m., Wednesday, November 30, 2011. Moved by Wilburn, seconded by Bailey, to accept correspondence from Wally Plahutnik (3). Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council Member Champion requested a status update form the Housing Departments in terms of sales of City owner housing and rentals. Staff will follow up. Council Member Bailey wished everyone a Happy Halloween, noting this would be last Council meeting before November 1. Moved by Wilburn, seconded by Dickens, to adjourn meeting 9:20 p.m. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk