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HomeMy WebLinkAbout2011-11-22 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 22, 2011 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Staff members present: Markus, Helling, Dilkes, Karr, Davidson, Bentley, Andrew, Moran, Hargadine, Yapp, O'Malley. The Mayor presented Outstanding Student Citizenship Awards to Lincoln Elementary students: Bihotza James - Lejarcegui and Ryan Braverman. The Mayor and Council presented retiring Asst. City Manager Helling a plaque in recognition of his 36 years of service to the City. 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: November 1 Special Council Work Session; November 1 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 - September 15, 2011; Historic Preservation Commission - October 13, 2011; Historic Preservation Commission - October 17, 2011; Human Rights Commission - October 18, 2011; Planning & Zoning Commission - October 20, 2011; Police Citizens Review Board - October 25, 2011; Senior Center Commission - September 15, 2011. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Perries, LLC, dba Perries, 18 Y2 S. Clinton St.; Renewal: Class C Beer Permit for Aldi, Inc., dba Aldi, Inc. #6, 1534 S. Gilbert St.; Class E Liquor License for Fareway Stores, Inc., dba Fareway Stores, Inc. #950, 2530 Westwinds Dr.; Class E Liquor License for Fareway Stores, Inc., dba Fareway Stores, Inc. #034, 2765 Commerce Dr.; Class B Beer Permit for Pit Smokehouse, LLC, dba Pit Smokehouse, 130 N. Dubuque St.; Special Class C Liquor License for India Cafe Corp., dba India Cafe, 227 E. Washington St.; Class B Liquor License for Posh Hotel, LLC, dba Clarion Highlander Hotel & Conference Center, 2525 N. Dodge St.; Class C Liquor License for Suzster, Inc., dba Club Car, 122 Wright St.; Class C Liquor License for Lusati, Inc., dba Quinton's Bar & Deli, 215 E. Washington St.; Class C Beer Permit for Sector, Inc., dba Creekside Market, 2601 Hwy 6 E.; RES. 11 -354, TO ISSUE DANCE PERMIT to Posh Hotel, LLC, dba Clarion Highlander Hotel & Conference Center, 2525 N. Dodge St. Resolutions: RES. 11 -355, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED IN JOHNSON COUNTY, IOWA; RES. 11 -356, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1425 SYCAMORE STREET, IOWA CITY, IOWA; RES. 11 -357, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTY LOCATED AT 214 CHURCH STREET, IOWA CITY, IOWA; RES. 11 -358, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A November 22, 2011 Complete Description Page 2 MORTGAGE FOR THE PROPERTY LOCATED AT 114 AMHURST STREET, IOWA CITY, IOWA; RES. 11 -359, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING AN AGREEMENT, A CONDITIONAL LOAN AGREEMENT, AND FIVE MORTGAGES FOR THE PROPERTIES LOCATED AT 1717 FLATIRON AVENUE, 1017 DOVER STREET, 2600 WAYNE AVENUE, 1206 DIANA STREET AND 114 AMHURST STREET, IOWA CITY, IOWA; RES. 11 -360, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND KERNDT BROTHERS SAVINGS BANK, CEDAR RAPIDS, IOWA FOR PROPERTY LOCATED AT 358 WESTSIDE DRIVE, IOWA CITY, IOWA; RES. 11 -361, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2442 WHISPERING MEADOW DRIVE, IOWA CITY, IOWA; RES. 11 -362, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1542 DICKENSON LANE, IOWA CITY, IOWA; RES. 11 -363, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND MOKA JAVA LLC; RES. 11 -364, RESOLUTION ACCEPTING THE WORK FOR THE 2011 SUMMER SIDEWALK REPAIR PROJECT; RES. 11 -365, ACCEPTING THE WORK FOR THE SANITARY SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR PENINSULA NEIGHBORHOOD SECOND ADDITION, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. Setting Public Hearings: RES. 11 -366, SETTING A PUBLIC HEARING FOR DECEMBER 6, 2011 TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA VALLEY HABITAT FOR HUMANITY FOR 1443 PRAIRIE DU CHIEN ROAD AND TO CONSIDER A PROPOSAL TO CONVEY SAID PROPERTY; setting a public hearing for December 6, 2011 regarding an amendment to Iowa City's 2011 -2015 Consolidated Plan (a.k.a. City Steps); RES. 11 -367, SETTING A PUBLIC HEARING FOR DECEMBER 6, 2011 TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND DEERY DEERY AND DEERY LLC FOR LOTS 16 AND 17 WITH AN OPTION ON LOTS 13, 14, and 15 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION AND TO CONSIDER A PROPOSAL TO CONVEY SAID PROPERTY; RES. 11 -368, SETTING PUBLIC HEARING FOR DECEMBER 6, 2011 ON A PROPOSAL TO DISCLAIM ANY INTEREST IN THE IOWA CITY COMMUNITY SCHOOL DISTRICT'S CENTRAL ADMINISTRATIVE OFFICE LOCATED AT 509 SOUTH DUBUQUE STREET, IOWA CITY, JOHNSON COUNTY, IOWA. Motions: Approve disbursements in the amount of $15,083,826.10 for the period of October 1 through October 31, 2011, as recommended by the Finance Director subject to audit. Correspondence: Traffic Engineering Planner regarding Installation of (2) NO PARKING BETWEEN SIGNS signs with ARROWS on Swisher Lane; Traffic Engineering Planner regarding Installation of NO PARKING 6 PM — 6 AM signs for northbound traffic on Freedom Court; Traffic Engineering Planner regarding Installation of (1) NO PARKING ANY November 22, 2011 Complete Description Page 3 TIME sign with ARROW at the cul -de -sac on the west terminus of Haywood Drive; Traffic Engineering Planner regarding Installation of (1) NO PARKING ANY TIME sign with ARROW for westbound Otto Street traffic near the intersection with Lee Street; Tim Nuccio regarding Metered Sewer [staff response included]; Robert Peterson regarding Scooter /bicycle parking [staff response included]; Stephen Clark regarding City Council Oversight on Expenditures [staff response included]; Steve Ward regarding Disappointed; Nate Mims regarding Recent Vote and meeting 11.1.11 [staff response included]; Charles & Karen McGuire; Kristy Hartsgrove regarding Occupy Iowa City; Tia Smith regarding Iowa City Animal Shelter; Anthony Browne regarding Ambulatory vs. mobile vending carts; Elias Zaharias regarding Federal Law on Illegal Immigration; Rod Sullivan (X2) regarding JECC Timothy Grady: 2305 — 2307 Catskill Court; Celie Butler regarding levee /dike on Taft Speedway (Email of same letter received by individual Council Members); Emily Busse regarding Do you know an interesting UI graduate ?; Curtis Jasa regarding Carousel Motors Crossing My Path ... Again (X2); Nathan Kibby regarding Fundraiser to Benefit Pediatrics at the University of Iowa Leon Hemphill, 1100 Arthur, appeared regarding Section 8 Housing and City services. Kevin Perez, 161 Columbia Drive, appeared regarding proposed amendment to the local liquor regulations, and possible elimination of regulations that are not working or no longer needed. Kenneth Longden, 1940 S. Ridge Drive, thanked Council for all they are doing and encouraged them to do better in the future. Moved by Mims, seconded by Dickens, to set a public hearing for December 6 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 Bailey, seconded by Champion, to set a public hearing for December 6 on an ordinance conditionally rezoning approximately .88 -acres of land located at 2218 Rochester Avenue from Low Density Single - Family Residential (RS -5) to Low Density Multi- Family Residential (RM -12) (REZ11- 00009). A public hearing was held on an ordinance conditionally rezoning approximately 1. 15 acres of property located 911 N. Governor Street, from Commercial Office (CO -1) to Low Density Multi - Family Residential (RM -12) (REZ 11- 00016). The Mayor asked Council Members to report any ex parte communications, and Council Member Wright reported a conversation with the Mayor. PCD Dir. Davidson presented a power point and present for discussion. Applicant Mark Holtkamp appeared. Individual Council Members expressed their views Moved by Bailey, seconded by Champion, that the ordinance conditionally rezoning approximately 1. 15 acres of property located 911 N. Governor Street, from Commercial Office (CO -1) to Low Density Multi - Family Residential (RM -12) (REZ 11- 00016), be given first vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 4/3, with Hayek, Champion, and Wright voting "no ". 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 -4456, 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 November 22, 2011 Complete Description Page 4 MULTI - FAMILY ZONES EXCEPT THE NEIGHBORHOOD STABILIZATION RESIDENTIAL ZONE (RNS -20), be voted on for final passage at this time. Moved by Wilburn, seconded by Bailey, that the ordinance be finally adopted at this time. Moved by Mims, seconded by Champion, that ORD. 11 -4457, 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 passed and adopted. Moved by Bailey, seconded by Mims, to adopt RES. 11 -369, APPROVING THE FINAL PLAT OF SADDLEBROOK MEADOWS PART 2, IOWA CITY, IOWA (SUB11- 00014). PCD Dir. Davidson presented a power point. Moved by Bailey, seconded by Champion, to send a letter to the Johnson County Board of Supervisors recommending approval of a rezoning from County Public (P) Zone to County Residential (R) Zone for .93 acres of property located at 3920 Kansas Avenue SW (CZ11- 00001). PCD Dir. Davidson presented a power point. A public hearing was held on a resolution authorizing conveyance of a single family home located at 1025 East Bloomington Street. No one appeared. Moved by Wright, seconded by Bailey, to adopt RES. 11 -370, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1025 EAST BLOOMINGTON STREET. A public hearing was held on a resolution authorizing conveyance of a single family home located at 1208 East Burlington Street and rescinding Resolution No. 11 -333. No one appeared. Moved by Bailey, seconded by Mims, to adopt RES. 11 -371, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1208 EAST BURLINGTON STREET AND RESCINDING RESOLUTION NO. 11 -333. A public hearing was held on a resolution amending the FY2012 Operating Budget. Finance Dir. O'Malley present for discussion. Moved by Wright, seconded by Mims, to adopt RES. 11 -372, AMENDING THE FY2012 OPERATING BUDGET. Moved by Bailey, 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 -4458, 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 voted on for final passage at this time. Moved by Bailey, seconded by Champion, that the ordinance be finally adopted at this time. 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 -4459, AMENDING TITLE 1, "ADMINISTRATION ", CHAPTER 8, "ADMINISTRATIVE SERVICE DEPARTMENTS ", SECTION 1 -8 -1, "ADMINISTRATIVE SERVICE DEPARTMENTS ORGANIZED" TO UPDATE THE TITLES OF DEPARTMENTS November 22, 2011 Complete Description Page 5 AND THE HEADS THEREOF AND AMENDING SECTION 1 -8 -3 "DEPARTMENT HEADS" TO ESTABLISH A RESIDENCY REQUIREMENT FOR DEPARTMENT HEADS, be voted on for final passage at this time. Moved by Wilburn, seconded by Bailey, that the ordinance be finally adopted at this time. Mayor Hayek and Council Members Champion and Dickens left the meeting due to a conflict of interest on the next item. Mayor Pro tem Wilburn presiding. Moved by Bailey, seconded by Wright, 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 second vote. Economic Development Coordinator Ford present for discussion. Joe Murphy, 2050 N. Dubuque and Judy Pfohl, 2229 Abbey Lane appeared. Individual Council Members expressed their views. The Mayor Pro tem declared the motion carried unanimously, 4/0/3, with the following division of roll call vote. Ayes: Bailey, Champion, Mims, Wright. Abstaining: Hayek, Champion, Dickens. Moved by Mims, seconded by Bailey, to accept petitions opposing SSMID. Mayor Hayek and Council Members Champion and Dickens returned. Mayor Hayek now presiding. Moved by Champion, seconded by Mims, to defer consideration of an ordinance amending Title 9, "Motor Vehicles and Traffic ", Chapter 1, "Definitions, Administration and Enforcement of Traffic Provisions ", Section 1, "Definitions "; and amending Title 9, "Motor Vehicles and Traffic ", to add a new Chapter 11, Automatic Traffic Enforcement, to allow for red light automated traffic enforcement, until after the first of the year. The Mayor declared the motion carried unanimously, 6/1, Wright voting "no ". Moved by Wilburn, seconded by Mims, to accept correspondence from James Walker. Moved by Bailey, seconded by Wright, to adopt RES. 11 -373, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE SEVENTH AMENDMENT TO THE PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND PENINSULA DEVELOPMENT COMPANY, L.L.C. (PDC). Moved by Wilburn, seconded by Mims, to accept correspondence from Patrick Steward (X2). Moved by Bailey, seconded by Wilburn, to defer until December 6 a resolution approving Economic Development Process and Policies. Moved by Wright, seconded by Mims, to defer indefinitely a resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Court Hill Trail — Phase Three project. Moved by Champion, seconded by Mims, to adopt RES. 11 -375, 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 SNYDER AND ASSOCIATES PROFESSIONAL ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE TERRY TRUEBLOOD RECREATION AREA PHASE FOUR IMPROVEMENT PROJECT. Moved by Champion, seconded by Wright, to adopt RES. 11 -376, ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS. Parks & Rec. Dir. Moran present for discussion. November 22, 2011 Complete Description Page 6 Moved by Wright, seconded by Mims, to adopt RES. 11 -377, REPEALING RESOLUTION Nos. 07 -261, 07 -202, 96 -59, 09 -196, 99-379,11-66 AND 11 -231 AND CONSOLIDATING THE CONTRACTUAL AUTHORITY DELEGATED FROM THE CITY COUNCIL TO THE CITY MANAGER IN SAID EARLIER RESOLUTIONS INTO ONE RESOLUTION AND MAKING CHANGES TO THE AUTHORITY GRANTED TO THE CITY MANAGER TO SIGN CONTRACTS AND AUTHORIZE EXPENDITURES FOR CAPITAL OUTLAY, COMMODITIES AND OPERATING SERVICES. The Mayor noted the current vacancies: 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 Adjustment for a five -year term January 1, 2012 - January 1, 2017; Planning & Zoning Commission for an unexpired term, effective upon appointment, ending May 1, 2015; 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 Tate High for a two -year term January 1, 2011 - December 31, 2012. Applications must be received by 5:00 p.m., Wednesday, November 30, 2011. 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. Applications must be received by 5:00 p.m., Wednesday, December 7, 2011. The Mayor noted the current vacancy: Planning & Zoning Commission for an unexpired term, effective upon appointment - May 1, 2015. Applications must be received by 5:00 p.m., Wednesday, December 28, 2011. Moved by Wright, seconded by Champion, to accept correspondence from Michelle Payne. Council Member Dickens invited everyone to "Celebrate the Seasons" in downtown Iowa City starting Friday night and all day Saturday; and congratulated Regina High School on their second straight Class 2 -A state football title. Council Member Bailey presented gifts from the Mayor of Seoul to Mayor Hayek, stated she had distributed a memo regarding her attendance at the UNESCO Creative Cities Conference and would include copies in the next packet, and thanked the Convention and Visitors Bureau Board for allowing her to attend the conference. Mayor Pro tem Wilburn congratulated the American Cancer Society for the successful "Dancing with the Stars" fundraiser. Council Member Wright wished everyone a Happy Thanksgiving, and safe travels. Council Member Champion echoed Council Member Wright's comments, and reminded everyone to properly cook the turkey. Council Member Mims thanked volunteer Linda Schreiber for all her planting efforts in the downtown and ped mall and the thousands of plants donated over the years; and congratulated Dale on his retirement. Mayor Hayek echoed the comments regarding Linda Schreiber, and stated the downtown holiday decorations are looking good. November 22, 2011 Complete Description Page 7 City Manager Markus wished Dale the best in his retirement. Asst. City Manager Helling reported that Linda Schreiber had given Dale a pair of heavy gardening gloves as a retirement gift hoping he might be downtown in the spring working in the planters. City Atty. Dilkes thanked Dale for all his efforts, and stated he would be missed. Moved by Bailey, seconded by Mims, to adjourn to executive session to evaluate the professional competency of individuals whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individuals' reputations and those individuals requested a closed session (City Manager, City Attorney, and City Clerk). The Mayor adjourned into executive session 8:30 p.m. Council returned to open session 8:45 p.m. Moved by Mims, seconded by Bailey, to adjourn special meeting 8:46 p.m. Matthew J. Hay-e , Mayor Marian K. Karr, City Clerk I -- ff �= -4 CITY OF IOWA CITY 3a(1) Mo 4w MEMORANDUM Date: November 1, 2011 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, November 1, 2011, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Hayek, Mims, Wilburn, Wright. Absent: Dickens UISG: Graham Staff: Markus, Helling, Dilkes, Karr, Bentley, Andrew, Davidson, Knoche, Howard, Jennings, Holecek, Bollinger, Slattery, Craig (A complete transcription is available in the City Clerk's Office and the City website) COUNCIL APPOINTMENTS Airport Zoning Board of Adjustment — no applicants, readvertise Airport Zoning Board of Adjustment — no applicants, readvertise Airport Zoning Commission — no applicants, readvertise Airport Zoning Commission — no applicants, readvertise Board of Adjustment — no applicants, readvertise Board of Appeals (Mechanical Professional) — readvertise (in accordance w/ bylaw changes) Board of Appeals (Building Design Professional)— readvertise (in accordance w/ bylaw changes) Human Rights Commission — Shams Ghoneim, Henri Harper, Kim Hanrahan Parks & Recreation Commission — Cara Hamann Public Art Advisory Committee — no applicants, readvertise Senior Center Commission — no applicants, readvertise Youth Advisory Commission — Katherine Rapp, readvertise two Youth Advisory Commission (Tate) - no applicants, readvertise JOINT MEETING /CONSULT WITH PLANNING & ZONING COMMISSION — REZONING 221 N LINN 225 N LINN, & 223 E BLOOMINGTON [IP#3] P &Z Commissioners Freerks, Koppes, Stewart Dyer, Eastham and Weitzel present for joint meeting with City Council. PCD Dir. Davidson presented a power point. ACTION: Staff to work with applicant on possible setting of new hearing and City Council action. (Davidson) HIGHWAY 1 BIKE TRAIL: MILLER ORCHARD SIDEWALKS [IP#4 & Agenda #4g(9)] Neighborhood Services Coordinator Bollinger and City Engr. Knoche presented for discussion. ACTION: Directed staff to proceed with installing sidewalks along the connector streets in the Miller Orchard neighborhood and reduce the sidewalks along Hudson and Miller from 5 foot to 4 foot wherever possible. (Knoche & Bollinger) Council Work Session November 1, 2011 Page 2 AGENDA ITEMS 1. (Item # 10 — Resolution ..... establishing amended personnel policies) City Atty. Dilkes introduced Asst. City Atty. Holecek and Personnel Administrator Jennings. In response to Mayor Hayek, Asst. CA Holecek confirmed changes reflected present practice and did comply with federal and state law. 2. (Item # 12 — Resolution approving contract .... Johnson County for library services to rural residents) In response to Mayor Hayek, Library Dir. Craig reported the Library Board reluctantly approved the agreement, noting the last contract done in 2007 contained a 5 cent cap increase but tracking the contract no increase exceeded the present suggested cap of 3 cents. Mayor Hayek and City Mgr. Markus raised concerns re the cap and the cost of City services to non - residents. INFORMATION PACKET DISCUSSION [October 20 & 27] Packet of 10/20 — No discussion Packet of 10/27 1. (IP8 — KXIC Radio Show) Council Member Wright asked to switch dates with Council Member Champion. City Clerk Karr will revise the schedule for the 23rd and 30th to reflect the change. 2. (IP15 — Flood Mitigation work proposed by Coralville) In response to Council Member Mims, City Engr. Knoche responded to questions about flood mitigation work being done upstream and impact if other projects are not done. COUNCIL TIME 1. Council Member Wright requested Council schedule an upcoming work session to discuss the retention of RM -44 Zoning Classification. Majority agreed to add to the pending list. SUMMARY OF PENDING WORK SESSION ISSUES [IP#2] After discussion Council agreed to leave items scheduled for November 21 on the agenda for that meeting. In addition a majority requested action on the economic development policy and hiring of a lobbyist by the end of the year. MEETING SCHEDULE [IP#5] Council made the following adjustments to the schedule: ➢ Monday, December 5, 3:15 -6:30, Special Work Session (2 "d strategic planning meeting) ➢ Tuesday, December 6, 6:00 -7:00, Special Work Session (routine business) A reception for outgoing Council Members will be held from 4:30 -6:00 on Tuesday, December 6. UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS Mayor Hayek noted he would be attending the Veterans Day Banquet on November 11, and encouraged others to attend as well. Meeting adjourned 6:45 PM. 3a(2) Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS — 11/01/11 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. 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 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: 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 Gilbert Street Piano Lounge, 374 S. Gilbert St.; Class C Liquor License for Ridge Pub Lounge, 1095 Silvercrest Circle; Renewal: Class C Liquor License for Old Capitol Brew Works and Public House, 525 S. Gilbert St.; Outdoor Service Area for 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 LOCATED AT 1025 EAST BLOOMINGTON STREET; RES. 11 -349 SETTING PUBLIC Official Actions November 1, 2011 Page 2 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 and seconded 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 -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). Kay Sunderberg appeared. Moved and seconded 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. 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 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. 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 Official Actions November 1, 2011 Page 3 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 and seconded 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 and seconded 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. 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 and seconded to accept correspondence from Darian Curry (2), Nathan Morton, Thomas Hudson, Mike Mooney, Eva Roethler, Kim Edge, Charles Eicher, Eric Lee Klein. Moved and seconded 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 and seconded 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 and seconded to accept correspondence from Pam Alawneh. Moved and seconded 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 and seconded 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. Moved and seconded to adopt RES. 11 -351, 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 PROJECT. Moved and seconded 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. Official Actions November 1, 2011 Page 4 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 and seconded to accept correspondence from Nolan Klouda. Applications must be received by 5:00 p.m., Wednesday, December 7, 2011. Moved and seconded 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, 513'2 2nd 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 and seconded 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.] Moved and seconded to adjourn meeting 10:05 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 Clek Sub�j�. ter% mitted fotr publication - 11/9/11. 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 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 -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). 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 -2B -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 '/2 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. Hayek, Mayor Marian K. Karr, City Clerk