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HomeMy WebLinkAbout2012-04-17 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 APRIL 17, 2012 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. Staff members present: Markus, Fruin, Dilkes, Karr, O'Brien, Moran, Bentley, Andrew, Davidson, Hegwood, Howard, Miklo, Boelk, Slattery, O'Malley. The Mayor proclaimed Arbor Day — April 27, Mike Moran, Parks and Recreation Director accepting; Week of the Young Child — April 22 -28, Susan Gray, 4C's accepting. The Mayor stated that Outstanding Student Citizenship Awards for Grant Wood Elementary students will be rescheduled. The Youth Advisory Commission Recognition Grant Awards were presented to: Matilda Mackey and Eleanor Mildenstein. Youth Commission Member Leah Murray and Edgar Thornton present. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Throgmorton, seconded by Dickens, 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: April 3 Special Council Formal Official and Complete; April 3 Council Work Session; April 3 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). Board of Adjustment — February 8; Civil Service Commission — March 27; Planning & Zoning Commission — March 15. Permit Motions and Resolutions as Recommended by the City Clerk. (Renewal) Class C Liquor License for First Avenue Productions, Inc., dba First Avenue Club, 1550 S. First Ave.; Class C Beer Permit for KLB Bauer, Inc., dba Gasby's #1, 1310 S. Gilbert St.; Class C Beer Permit for KLB Bauer, Inc., dba Gasby's #4, 2303 Muscatine Ave.; Class C Beer Permit for ND Express, Inc., dba North Dodge Sinclair, 2153 ACT Circle; Class A Liquor License for Iowa City Lodge #1096 Loyal Order of Moose, dba Loyal Order of Moose Lodge #1096, 3151 Hwy 6 E.; Class C Liquor License for Kennedy Investments, Inc., dba Vine Tavern & Eatery, 330 E. Prentiss St.; Class C Liquor License for Sam's Pizza IC, Inc., dba Sam's Pizza IC, Inc., dba 441 S. Gilbert St. RES. 12 -158, TO ISSUE DANCING PERMIT to First Avenue Productions, Inc., dba First Avenue Club, 1550 S. First Ave. and Iowa City Lodge #1096 Loyal Order of Moose, dba Loyal Order of Moose Lodge #1096, 3151 Hwy 6 E. Resolutions: RES. 12 -159, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK FOR PROPERTY LOCATED AT 1702 GRYN DRIVE; RES. 12 -160, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A TWO -MONTH EXTENSION OF THE AGREEMENT WITH PUBLIC ACCESS TELEVISION, INC. RES. 12 -161, ACCEPTING PAYMENT OF A $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM WALGREENS 507; RES. 12 -162, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 2813 Complete Description April 17, 2012 Page 2 FRIENDSHIP STREET, IOWA CITY, IOWA; RES. 12 -163, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1112 WYLDE GREEN ROAD, IOWA CITY, IOWA; RES. 12 -164, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 2001 SHERMAN DRIVE, IOWA CITY, IOWA; RES. 12- 165, ACCEPTING THE WORK FOR THE CDBG DEMOLITIONS PROJECT - CONTRACT #3; RES. 12 -166, ACCEPTING THE WORK FOR THE CDG DEMOLITIONS PROJECT - CONTRACT #3; RES. 12 -167, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER THREE GUYS HOLDINGS LLP, AND TENANT CORNER OF THE MEADOW, INC., D /B /A MOTLEY COW CAFE, FOR A SIDEWALK CAFE; RES. 12 -168, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER THREE GUYS HOLDINGS, LLP, AND TENANT THAI SPICE INC. D /B /A THAI SPICE CAFE, FOR A SIDEWALK CAFE; RES. 12 -169, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER WILLIAM AND JOAN GILPIN REV. TRUST, AND TENANT 2 -TONE, INC. D /B /A BLUE BIRD DINER, FOR A SIDEWALK CAFE; RES. 12 -170, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER DLSIC LC, AND TENANT MORROWCO LLC D /B /A PITA PIT, FOR A SIDEWALK CAFE. Setting Public Hearings: Set a public hearing for May 15, 2012 regarding Iowa City's FY13 Annual Action Plan, that is a sub -part of Iowa City's 2011 -2015 Consolidated Plan (a.k.a. City Steps); RES. 12 -171, SETTING A PUBLIC HEARING ON MAY 1, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRE AND POLICE DEPARTMENT INTERIOR REMODELING PROJECT 2012, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 12 -172, SETTING A PUBLIC HEARING FOR MAY 1, 2012 TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ROBERT AND DORIS SWARTZENDRUBER FOR AUDITOR'S PARCEL 2011092, CONSISTING OF APPROXIMATELY .99 ACRES, LOCATED IMMEDIATELY TO THE SOUTH OF THEIR HOME, ADJACENT TO THE IOWA CITY LANDFILL, AND TO CONSIDER A PROPOSAL TO CONVEY SAID PROPERTY; RES. 12 -173, OF INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF A CONCRETE FLUME DRAINAGE EASEMENT IN THE VACATED ALLEY ADJACENT TO LOTS 10 AND 11, MANVILLE HEIGHTS ADDITION, IOWA CITY, IOWA, AND SETTING A PUBLIC HEARING ON SAID PROPOSED CONVEYANCE FOR MAY 1, 2012. Complete Description April 17, 2012 Page 3 Revised 4/26/12 Correspondence: Traffic Engineering Planner Installation of one (1) HANDICAP PARKING space on the north side of G Street, adjacent to the 1906 G Street property; City Engineer regarding Competitive Quotation Results — Court Hills Park Public Restroom Building; Ann Campbell regarding Suggested savings on newspaper publication costs [Staff response included]; Mari (Martha) Struxness regarding City Council Noise Complaint; Dorothy Whiston regarding Resolution Before Council re. Trayvon Martin. Mari Struxness, 320 E. Washington St. presented a petition regarding noise pollution in the downtown area. Moved by Mims, seconded by Champion, to accept the petition. Coalition for Racial Justice members Dorothy Whiston, Charlie Eastham, Diane Finnerty, and Royceann Porter appeared regarding the proposed resolution concerning Trayvon Martin, and updated Council on upcoming events in the community. Moved by Mims, seconded by Dobyns, to set a public hearing for May 1 on an ordinance vacating .27 -acres of street right -of -way adjacent to lots 1 -8 Melrose Place. (VAC12- 00001/ University of Iowa Hospitals). A public hearing was held on an ordinance rezoning approximately 2.43 acres of land from Intensive Commercial (CI -1) to Community Commercial (CC -2) for properties located east of West Side Drive and north of Mormon Trek Boulevard near its intersection with Highway 1 West (REZ12 -00003 / McDonald's). PCD Dir. Davidson presented a power point. Moved by Dobyns, seconded by Mims, that the ordinance rezoning approximately 2.43 acres of land from Intensive Commercial (CI -1) to Community Commercial (CC -2) for properties located east of West Side Drive and north of Mormon Trek Boulevard near its intersection with Highway 1 West (REZ12 -00003 / McDonald's), be given first vote. A public hearing was held on an ordinance amending Title 14, Zoning, Articles 2B and 2C, and Paragraph 14- 4B -4A -7 to establish three as the maximum number of bedrooms allowed within a multi - family dwelling unit in Multi- Family Zones and in commercial zones that allow multi - family uses and to establish new residential density formulas for multi - family uses located in Multi - Family Zones and in Commercial Zones that allow multi - family uses. Senior Planner Miklo presented a power point. The *following individuals appeared: Mike Bails, Affiliate Member of the Home Builder's Association; Carl Christel, 1002 E. Jefferson St.; Karen Hopp, 26 N. Governor St.; Moved by Payne, seconded by Dobyns, to accept correspondence from Mark Holtkamp, *Mark Bails, and protest petitions representing 2.2 acres (RM44); 0.3 acres (PRM); 4.5 acres (RNS20); .47 (CO1). Moved by Mims, seconded by Champion, that the ordinance amending Title 14, Zoning, Articles 2B and 2C, and Paragraph 14- 4B -4A -7 to establish three as the maximum number of bedrooms allowed within a multi - family dwelling unit in multi - family zones and in commercial zones that allow multi - family uses and to establish new residential density formulas for multi - family uses located in multi - family zones and in commercial zones that allow multi - family uses, be given first vote. Individual Council Members expressed their views, and requested a staff response to the written suggested changes from the Home Builder's Association. A public hearing was held on an ordinance amending Title 14, Zoning, Article 5A, Off - Street Parking and Loading Standards, to increase the number of required parking spaces for certain multi - family dwelling units when located within a designated Complete Description April 17, 2012 Page 3 Correspondence: Traffic Engineering Planner Installation one (1) HANDICAP PARKING space on the north side of G Street, adjacent to the 906 G Street property; City Engine r regarding Competitive Quotation Resul s — Court Hills Park Public Restroom Buildi g; Ann Campbell regarding Suggeste savings on newspaper publication costs [Staff esponse included]; Mari (Martha) Str xness regarding City Council Noise Complain - Dorothy Whiston regarding Resol tion Before Council re. Trayvon Martin. Mari Struxness, 320 E. shington St. presented a pet" ion regarding noise pollution in the downtown area. Moved y Mims, seconded by Ch pion, to accept the petition. Coalition for Racial Justice me bers Dorothy Whiston, arlie Eastham, Diane Finnerty, and Royceann Porter peared regarding th proposed resolution concerning Trayvon Martin, and updated Co cil on upcoming a nts in the community. Moved by Mims, seconded by obyns, to set a blic hearing for May 1 on an ordinance vacating .27 -acres of stre t right -of -way djacent to lots 1 -8 Melrose Place. (VAC12- 00001/ University of Iowa H pitals). A public hearing was held on an or inance r zoning approximately 2.43 acres of land from Intensive Commercial (CI -1) t Co unity Commercial (CC -2) for properties located east of West Side Drive and nort of ormon Trek Boulevard near its intersection with Highway 1 West (REZ12 003 / McDonald's). PCD Dir. Davidson presented a power point. Moved by Dobyns, seconded by ms, that the ordinance rezoning approximately 2.43 acres of land from Intensive Com ercial CI -1) to Community Commercial (CC -2) for properties located east of West Si Drive d north of Mormon Trek Boulevard near its intersection with Highway 1 est (REZ -00003 / McDonald's), be given first vote. A public hearing was held on ordinance ame ding Title 14, Zoning, Articles 2B and 2C, and Paragraph 14 -413-4 -7 to establish thr a as the maximum number of bedrooms allowed within a mu i- family dwelling unit Multi- Family Zones and in commercial zones that allow ulti- family uses and to stablish new residential density formulas for multi - family us s located in Multi- Family Z nes and in Commercial Zones that allow multi - family use . Senior Planner Miklo prese ted a power point. The following individuals app ared: Mike Bales, Affiliate Mem er of the Home Builder's Association; Carl Chr' tel, 1002 E. Jefferson St.; Karen pp, 26 N. Governor St.; Moved by Payne, se nded by Dobyns, to accept correspo dence from Mark Holtkamp, Mark Bales, and pr, est petitions representing 2.2 acres (R 4); 0.3 acres (PRM); 4.5 acres (RNS20); .4 (CO1). Moved by Mi s, seconded by Champion, that the ordinance mending Title 14, Zoning, Articles 2B and 2C, and Paragraph 14- 4134A -7 to estab ' h three as the maximum number of bedrooms allowed within a multi - family dwel g unit in multi - family zones and in commercial zones that allow multi - family uses and to stablish new residential density formulas for multi - family uses located in multi -fam zones and in commercial zones that allow multi - family uses, be given first vote. Individual Council Members expressed their views, and requested a staff response to the written suggested changes from the Home Builder's Association. A public hearing was held on an ordinance amending Title 14, Zoning, Article 5A, Off - Street Parking and Loading Standards, to increase the number of required parking spaces for certain multi - family dwelling units when located within a designated Complete Description April 17, 2012 Page 4 * Revised 4/26/12 University Impact Area (UTA). Sr. Planner Miklo presented a power point. The following *individuals appeared: Mike Bails, Affiliate Member of the Home Builder's Association; Nancy Carlson, 1002 E. Jefferson St.; Mike McLaughlin, Coralville; Mike Wright, 225 N. Lucas; Jack Tank, (owner) 514 N. Dubuque St.; Moved by Payne, seconded by Dobyns, to accept correspondence from Mark Holtkamp, Mike McLaughlin, and protest petitions representing 14.8 acres. Individual Council Members expressed their views, and requested a staff response to the written suggested changes from the Home Builder's Association. Moved by Mims, seconded by Champion, that the ordinance amending Title 14, Zoning, Article 5A, Off - Street Parking and Loading Standards, to increase the number of required parking spaces for certain multi - family dwelling units when located within a designated University Impact Area (UTA), be given first vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Hayek, Mims, Payne, Throgmorton, Champion, Dobyns. Nays: Dickens. Moved by Champion, seconded by Throgmorton, that the ordinance amending Title 14, Zoning, Article 9A, General Definitions, Changing the Definition of "Household" as it applies in the RM -44, PRM, RNS -20, RM -20, and CO -1 Zones, be given second vote. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek. Nays: Dickens. Moved by Mims, seconded by Payne, to accept correspondence from Mark Holtkamp. Moved by Mims, seconded by Payne, that the ordinance designating 1.25 -acres of land located at 108 McLean Street as an Iowa City Historic Landmark (REZ12- 00004), be given second vote. The Mayor requested Council Members disclose any ex parte communications and none were reported. Moved by Champion, seconded by Dickens, that the ordinance amending Title 14, Zoning, Subsection 14- 2C -8Q, Bonus Provisions, adding a floor area bonus for constructing Class A Office Space on upper floors within a multi -story building in a Central Business (CB -10) Zone, be given first vote. A public hearing was held on a resolution authorizing the filing of an application with the Iowa Department of Transportation for FY2013 Iowa DOT State Transit Assistance and Federal Transit Administration Funding. No one appeared. Moved by Payne, seconded by Mims, to adopt RES. 12 -174, AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY2013 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING. Moved by Mims, seconded by Champion, to adopt RES. 12 -175, ACCEPTING PAYMENT OF A $1500 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM THE DEN. Moved by Mims, seconded by Payne, to adopt RES. 12 -176, ACCEPTING PAYMENT OF A $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM FAREWAY 950. Moved by Champion, seconded by Payne, to ACCEPTI NG PAYMENT OF A $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM LIQUOR DOWNTOWN. A hearing was held on a resolution assessing a $300.00 civil penalty against Red Poppy pursuant to Iowa Code Section 453A.22(2) (2011). Andy Chappell, Johnson County Attorney's Office, appeared. Complete Description April 17, 2012 Page 4 University Impact Area (UTA). Sr. Planner Miklo presented a power point. The following individuals appeared: Mike Bales, Affiliate Member of the Home Builder's Association; Nancy arlson, 1002 E. Jefferson St.; Mike McLaughlin, Coralville; Mike Wright, 225 N. Lucas, Jack Tank, (owner) 514 N. Dubuque St.; Moved by Payne, seconded by Dobyns, o accept correspondence from Mark H tkamp, Mike McLaughlin, and protest petitions re resenting 14.8 acres. Individual Col I Members expressed their views, and request a staff response to the written sugg ted changes from the Home Builder's Associati n. Moved by Mims, secon ed by Champion, that the ordinan a amending Title 14, Zoning, Article 5A, Off-Stye t Parking and Loading Standar , to increase the number of required parking spaces for ertain multi - family dwelling u s when located within a designated University Impact rea (UTA), be given first vo e. The Mayor declared the motion carried, 6/1, with the fo owing division of roll call ote: Ayes: Hayek, Mims, Payne, Throgmorton, Champio , Dobyns. Nays: Dicke s. Moved by Champion, secon d by Throgmorton, t at the ordinance amending Title 14, Zoning, Article 9A, General D finitions, Changing he Definition of "Household" as it applies in the RM -44, PRM, RNS- 0, RM -20, and C -1 Zones, be given second vote. The Mayor declared the motion car' d, 6/1, with t following division of roll call vote: Ayes: Mims, Payne, Throgmorton, C ampion, Dic ens, Dobyns, Hayek. Nays: Dickens. Moved by Mims, seconded by Payne, o accept rrespondence from Mark Holtkamp. Moved by Mims, seconded by Payn , that th ordinance designating 1.25 -acres of land located at 108 McLean Street as a Iowa ity Historic Landmark (REZ12- 00004), be given second vote. The Mayor reque ed ouncil Members disclose any ex parte communications and none were reported. Moved by Champion, seconded by Dick ns, that the ordinance amending Title 14, Zoning, Subsection 14- 2C -8Q, Bonus Prov s ns, adding a floor area bonus for constructing Class A Office Space on upp r fl ors within a multi -story building in a Central Business (CB -10) Zone, be give first te. A public hearing was held on a resol tion au orizing the filing of an application with the Iowa Department of Transport ation or FY20 Iowa DOT State Transit Assistance and Federal Transit Administration Fu ding. No o e appeared. Moved by Payne, seconded by Mi s, to adopt ES. 12 -174, AUTHORIZING THE FILING OF AN APPLICATION WIT THE IOWA D ARTMENT OF TRANSPORTATION FOR FY2013 WA DOT STA TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINIST ION FUNDING. Moved by Mims, seconded by hampion, to adopt ES. 12 -175, ACCEPTING PAYMENT OF A $1500 CIVIL P NALTY AND WAIVER F RIGHT TO HEARING FROM THE DEN. Moved by Mims, seconded y Payne, to adopt RES. 1 -176, ACCEPTING PAYMENT OF A $300 CIVIL ENALTY AND WAIVER OF IGHT TO HEARING FROM FAREWAY 950. Moved by Champion, se onded by Payne, to ACCEPTI NG PAYMENT OF A $300 CIVIL PENALTY AND W ER OF RIGHT TO HEARING FROM LIQUOR DOWNTOWN. A hearing was held on a resolution assessing a $300.00 civil penalty against Red Poppy pursuant to Iowa Code Section 453A.22(2) (2011). Andy Chappell, Johnson County Attorney's Office, appeared. Complete Description April 17, 2012 Page 5 Moved by Mims, seconded by Dickens, to adopt RES. 12 -178, ASSESSING A $300.00 CIVIL PENALTY AGAINST RED POPPY PURSUANT TO IOWA CODE SECTION 453A.22(2) (2011). A hearing was held on a resolution assessing a $300.00 Civil Penalty against Russ' Northside pursuant to Iowa Code Section 453A.22(2) (2011). Andy Chappell, Johnson County Attorney's Office, appeared. Moved by Champion, seconded by Payne, to adopt RES. 12 -179, ASSESSING A $300.00 CIVIL PENALTY AGAINST RUSS' NORTHSIDE PURSUANT TO IOWA CODE SECTION 453A.22(2) (2011). A hearing was held on a resolution assessing a $300.00 Civil Penalty against Zombies Tobacco pursuant to Iowa Code Section 453A.22(2) (2011). Andy Chappell, Johnson County Attorney's Office, appeared. Moved by Dobyns, seconded by Payne, to adopt RES. 12 -180, ASSESSING A $300.00 CIVIL PENALTY AGAINST ZOMBIES TOBACCO PURSUANT TO IOWA CODE SECTION 453A.22(2) (2011). Moved by Mims, seconded by Payne, that ORD. 12 -4475, AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 6, " STORMWATER UTILITY FEE" AND AMENDING TITLE 16 ENTITLED "PUBLIC WORKS," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," SECTION 10(F)(3) TO CHANGE THE RATE OF THE STORMWATER UTILITY FEE, be passed and adopted. Moved by Mims, seconded by Champion, that the 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. 12 -4476, AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED, "COMMERCIAL USE OF SIDEWALKS," SECTION 3, ENTITLED "USE FOR SIDEWALK CAFES," TO ALLOW SIDEWALK CAFES AGREEMENTS TO BE APPROVED ADMINISTRATIVELY AND TO DECREASE THE ALLEY SETBACK, be voted on for final passage at this time. Moved by Mims, seconded by Champion, that the ordinance be finally adopted at this time. Moved by Payne, seconded by Mims, that the ordinance amending Title 2 of the City Code, entitled "Human Rights," Chapter 4, entitled "Enforcement," to provide that the Human Rights Office make the probable cause determination, be given first vote. Moved by Mims, seconded by Champion, to adopt RES. 12 -181, APPROVING REVISION TO THE PROPOSED EXTERIOR DESIGN OF 114 S. DUBUQUE STREET IN ACCORDANCE WITH THE AGREEMENT FOR PRIVATE REDEVELOPMENT BETWEEN THE CITY AND CENTRAL PARK L.L.C. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote: Ayes: Mims, Payne, Champion, Dickens, Dobyns. Nays: Hayek, Throgmorton. Correspondence was received from Pam Michaud. Majority directed staff to develop potential procedures and /or policies related to requests for habitable private spaces constructed over public right -of -way; and agreed to amend the resolution to reflect the underside would start at 17 feet. Moved by Mims, seconded by Throgmorton, to adopt RES. 12 -182, AUTHORIZING THE ISSUANCE OF $5,376,250 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF IOWA CITY, IOWA, MIDWESTERN DISASTER AREA REVENUE BONDS (IOWA Complete Description April 17, 2012 Page 6 CANCER CURE PROJECT) SERIES 2012, WITH THE PROCEEDS FROM THE SALE OF THE BONDS TO BE LOANED TO IOWA CANCER CURE, L.L.C., AN IOWA LIMITED LIABILITY COMPANY; THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT AND ASSIGNMENT TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND IOWA CANCER CURE, L.L.C.; THE ASSIGNMENT BY THE CITY TO THE ORIGINAL PURCHASER OF THE RIGHTS AND INTEREST OF THE CITY IN AND TO SAID LOAN AGREEMENT; THE SALE OF SAID BONDS; AND RELATED MATTERS. Moved by Mims, seconded by Dobyns, to adopt RES. 12 -183, APPROVING THE PURCHASE OF 2229 MUSCATINE AVENUE, (FORMER KERR MCGEE SERVICE STATION), A.199 ACRE PARCEL OF PROPERTY ON THE CORNER OF MUSCATINE AND FIRST AVENUE FOR NEIGHBORHOOD IMPROVEMENT WITHIN THE AREA. Moved by Payne, seconded by Dickens, to adopt RES. 12 -184, OF INTENT TO APPROVE AN ECONOMIC DEVELOPMENT GRANT IN THE FORM OF 4 YEARS OF TAX INCREMENT FINANCING REBATES NOT TO EXCEED $170,000, SHOULD ALPLA, 2258 HEINZ RD., IOWA CITY SELECT IOWA CITY FOR ITS EXPANSION PROJECT. Moved by Payne, seconded by Mims, to adopt RES. 12 -185, AWARDING CONTRACT to Tricon Construction for $3,341,000 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA - PHASE 3 IMPROVEMENTS PROJECT. Moved by Mims, seconded by Dobyns, to adopt RES. 12 -186, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE HIGHWAY 1 TRAIL PROJECT - ORCHARD STREET TO SUNSET STREET. Moved by Champion, seconded by Dickens, to adopt RES. 12 -187, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER IOWA AVENUE PROPERTY LLC, AND TENANT JIMMY JACK MAC, INC., D /B /A BASTA, FOR A SIDEWALK CAFE. Moved by Payne, seconded by Dobyns, to adopt RES. 12 -188, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MOKA JAVA LLC, AND TENANT IOWA CITY COFFEE COMPANY D /B /A THE HEIRLOOM SALAD COMPANY, FOR A SIDEWALK CAFE. Moved by Mims, seconded by Payne, to adopt RES. 12 -189, AMENDING THE BUDGETED POSTIONS IN THE FINANCE DEPARTMENT AND THE ADMININISTRATIVE AND CONFIDENTIAL PAY PLAN BY ELIMINATING THE POSITIONS OF SENIOR DOCUMENT SPECIALIST AND DOCUMENT SERVICES SUPERVISOR FROM THE DOCUMENT SERVICES DIVISION AND ELIMINATING THE WEB DEVELOPER POSITION FROM THE INFORMATION TECHNOLOGY SERVICES DIVISION AND AMENDING THE BUDGET POSITIONS IN THE CITY MANAGER'S OFFICE AND THE ADMINISTRATIVE AND CONFIDENTIAL PAY PLAN BY ADDING THE POSITIONS OF COMMUNICATIONS COORDINATOR, COMMUNICATIONS ASSISTANT, AND ELECTRONIC COMMUNICATIONS SPECIALIST AND ELIMINATING THE DOCUMENT SERVICES DIVISION OF THE FINANCE DEPARTMENT. Complete Description April 17, 2012 Page 7 Moved by Champion, seconded by Payne, to adopt RES. 12 -190, APPROVING AND ADOPTING THE NEW PURCHASING MANUAL FOR CITY PROCUREMENT, as amended by with minor changes outlined in Asst. City Atty. memo. David Bywater, 211 Post Road & President and CEO of The Economy Advertising Company, appeared. Moved by Champion, seconded by Dickens, to adopt RES. 12 -191, REPEALING RESOLUTION NO. 11 -377 TO ADD AUTHORITY FOR THE CITY MANAGER AS COMTEMPLATED BY AND CONSISTENT WITH THE NEW PURCHASING MANUAL. Moved by Payne, seconded by Dickens, to adopt RES. 12 -192, FIXING DATE of May 1, 2012 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $6,000,000 WATER REVENUE REFUNDING BONDS, SERIES 2012C, OF THE CITY OF IOWA CITY, STATE OF IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Moved by Throgmorton, seconded by Dickens, to adopt RES. 12 -193, FIXING DATE of May 1, 2012 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $7,950,000 GENERAL OBLIGATION BONDS, SERIES 2012, (FOR AN ESSENTIAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Moved by Mims, seconded by Dickens, to adopt RES. 12 -194, FIXING DATE of May 1, 2012 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS, SERIES 2012 (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Moved by Dickens, seconded by Payne, to adopt RES. 12 -195, FIXING DATE of May 1, 2012 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS, SERIES 2012 (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Moved by Dobyns, seconded by Champion, to adopt RES. 12 -196, FIXING DATE of May 1, 2012 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $650,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012 OF THE CITY OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Moved by Dobyns, seconded by Payne, to adopt RES. 12 -197, AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION REFUNDING BONDS, SERIES 2002, DATED NOVEMBER 1, 2002, AND GENERAL OBLIGATION BONDS, SERIES 2003, DATED DECEMBER 15, 2003, OF THE CITY OF IOWA CITY, STATE OF IOWA, AND DIRECTING NOTICE BE GIVEN. Finance Dir. O'Malley present for discussion. Moved by Mims, seconded by Payne, to adopt RES. 12 -198, APPROVING POST - ISSUANCE COMPLIANCE POLICY. Finance Dir. O'Malley present for discussion. The Mayor noted the previously announced vacancies to Boards and Commissions: Airport Commission for an unexpired term, effective upon appointment - March 1, 2014; Airport Zoning Brd of Adjustment for a five -year term January 1, 2012 - December 31, 2016. (New full term); 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, 2010 - December 31, 2015; Airport Zoning Commission for a six -year term January 1, 2012 - December 31, 2017 (New full term); Police Citizens Review Board for an Complete Description April 17, 2012 Page 8 unexpired term, effective upon appointment, ending September 1, 2013. Applications must be received by 5:00 p.m., Wednesday, April 25, 2012. The Mayor noted the current vacancies: Historic Preservation Commission for an unexpired term, effective upon appointment, ending March 29, 2013; Human Rights Commission for an unexpired term, effective upon appointment, ending January 1, 2015. See correspondence included in Council packet. Moved by Champion, seconded by Mims, to accept correspondence from Alicia Trimble and Henri Harper. Moved by Dobyns, seconded by Dickens, to make the following appointments: appoint T. Gene Chrischilles, 1020 Deerfield Drive, to the Board of Adjustment for an unexpired term, effective upon appointment, ending January 1, 2014; appoint Tom Carsner to the Metropolitan Planning Organization (MPO- formerly JCCOG) Community Climate Action Taskforce (formerly Cool Cities Taskforce) for At- Large /Public vacancy to fill a one -year term, effective upon appointment, ending March 2013. The Mayor stated no applications were received for the Youth Advisory Commission for a two -year term January 1, 2011 — December 31, 2012 for Tate High, and will be readvertised. (Shall not be more than 18 years of age at the time of application; and currently enrolled in an Iowa City high school or high school equivalent). Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] The Mayor noted that Council Member Dickens had agreed to serve as alternate to Council Member Throgmorton on the East Central Iowa Council of Governments Board (ECOCOG). Mayor Pro tem Mims reported that Council Member Payne has been asked to submit her name for an appointment on the - - -- Board, and Council Member Payne indicated she had sent the necessary information. UISG Rep. Graham thanked Council for the experience as being the Student Government Liaison and introduced Matt Uttermark as his successor. Uttermark thanked Cody for his service and stated he was excited to begin his tenure as UISG liaison. Council Member Dickens noted the Olympic Trials scheduled for Iowa City April 21- 22, and welcomed visitors. Mayor Hayek also reminded citizens of the East Side Recycling ribbon cutting on Sunday, April 22 at 1 PM. Moved by Mims, seconded by Payne, to adjourn meeting 9:25 p.m. qq-z�t 4 Matthew J. H ye Mayor Marlan K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS — 4/3/12 Iowa City City Council special meeting, 5:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Throgmorton. Absent: Payne. Unless otherwise noted, all actions were affirmative and unanimous. Moved and seconded to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried and adjourned into executive session 5:02 p.m. Moved and seconded to adjourn special meeting 5:10 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, City Cl rk Submitt'�or publication - 4/6/12. 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 — 4/3/12 Iowa City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Throgmorton. Absent: Payne. The Mayor proclaimed Fair Housing Month — April 2012, Dee Miller, Fair Housing Ambassadors accepting. The Mayor and Council Member Dickens presented Outstanding Student Citizenship Awards to Regina Elementary students: Nourah Abusada and Patrick McMillan. 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 presented: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: March 20 Council Work Session; March 20 Regular Council Formal Official and Complete; March 21 Joint Meeting — Work Session. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Airport Commission — February 16; Human Rights Commission — February 21; Planning & Zoning Commission — February 27; Planning & Zoning Commission — March 1; Police Citizens Review Board — February 22; Senior Center Commission — February 16. Permit Motions and Resolutions as Recommended by the City Clerk. Class C Liquor License for Trumpet Blossom Cafe, 310 E. Prentiss St.; Outdoor Service Area for Trumpet Blossom Cafe, 310 E. Prentiss St.; Class C Liquor License for Chef's Table, 223 E. Washington St.; Special Class C Liquor License for Panchero's Mexican Grill, 32 S. Clinton St.; Special Class C Liquor License for Panchero's Mexican Grill, 965 S. Riverside Dr.; Class C Liquor License for Deadwood, 6 S. Dubuque St.; Outdoor Service Area for Deadwood, 6 S. Dubuque St. Resolutions: RES. 12 -124, ACCEPTING THE WORK FOR THE EECBG WATER PLANT IMPROVEMENT PROJECTS 2011; RES. 12 -125, ACCEPTING THE WORK FOR THE TERRY TRUEBLOOD RECREATION AREA - PHASE 2 IMPROVEMENTS PROJECT; RES. 12 -126, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF- WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER BILL MIHALOPOULOS, AND TENANT ATLAS WORLD GRILL, INC D /B /A ATLAS WORLD GRILL, FOR A SIDEWALK CAFE; RES. 12 -127, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MOKA JAVA LLC, AND TENANT LUSATI, INC. D /B /A QUINTON'S BAR & DELI, FOR A SIDEWALK CAFE; RES. 12 -128, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF- WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN ET AL, AND TENANT LINN STREET CAFE INC. D /B /A LINN STREET CAFE, FOR A SIDEWALK CAFE; RES. 12 -129, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF- Official Actions April 3, 2012 Page 2 WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MAUREEN MONDANARO, AND TENANT SALOON OF IOWA CITY, L.C. D /B /A SALOON, FOR A SIDEWALK CAFE; RES. 12 -130, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF- WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MAUREEN MONDANARO, AND TENANT GIVANNI'S OF IOWA CITY D /B /A GIVANNI'S, FOR A SIDEWALK CAFE; RES. 12- 131, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF- WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MIDWESTONE BANK, AND TENANT ICBB, LTD D /B /A BROWN BOTTLE, FOR A SIDEWALK CAFE; RES. 12 -132, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER EVELYN OAKES, AND TENANT CHACKALACKAL, INC D /B /A ONE TWENTY SIX, FOR A SIDEWALK CAFE; RES. 12 -133, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1232 E. COURT STREET, IOWA CITY, IOWA; RES. 12 -134, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 520 MANOR DRIVE, IOWA CITY, IOWA; RES. 12 -135, ACCEPTING THE WORK FOR THE CDBG ASBESTOS ABATEMENT PACKAGE NO. 6 PROJECT; RES. 12 -136, ACCEPTING THE WORK FOR THE CDBG ASBESTOS ABATEMENT PACKAGE NO. 7 PROJECT; RES. 12 -137, ACCEPTING THE WORK FOR THE HMGP ASBESTOS ABATEMENT PACKAGE NO. 4 PROJECT; RES. 12 -138, ACCEPTING THE WORK FOR THE HMGP ASBESTOS ABATEMENT PACKAGE NO. 5 PROJECT. Correspondence: Traffic Engineering Planner regarding Installation of a LANE ASSIGNMENT sign and a LEFT TURN ONLY pavement marking for interior lane of the northbound leg of the Highway 1 / Orchard Street intersection; Traffic Engineering Planner regarding Installation of an on- street metered parking space and establishment of parking meter terms on the 200 block of East Washington Street; Traffic Engineering Planner regarding Installation of NO PARKING ANY TIME signs on the west side of Algonquin Road; Norma Lee Balmer regarding Lexington Avenue [Staff response included]; H. Lenz regarding Red Light Cameras. Senior Center Commissioner Michael Lensing updated Council on activities at the Center. A public hearing was held on an ordinance designating 1.25 -acres of land located at 108 McLean Street as an Iowa City Historic Landmark (REZ12- 00004). Moved and seconded to accept correspondence from Barry Bender. Moved and seconded that the ordinance designating 1.25 -acres of land located at 108 McLean Street as an Iowa City Historic Landmark (REZ12- 00004), be given first vote. Moved and seconded to set a public hearing for April 17 on an ordinance rezoning approximately 2.43 acres of land from Intensive Commercial (CI -1) to Community Commercial (CC -2) for properties located east of West Side Drive and north of Mormon Trek Boulevard near its intersection with Highway 1 West (REZ12- 00003). Official Actions April 3, 2012 Page 3 Moved and seconded to set a public hearing for April 17 on an ordinance amending Title 14, Zoning, Articles 2B and 2C, and Paragraph 14- 4B -4A -7 to establish three as the maximum number of bedrooms allowed within a multi - family dwelling unit in Multi - Family Zones and in Commercial Zones that allow multi - family uses and to establish new residential density formulas for multi - family uses located in Multi - Family Zones and in Commercial Zones that allow multi- family uses. The Mayor declared the motion carried, 5/1/1, with the following division of roll call vote. Ayes: Hayek, Mims, Throgmorton, Champion, Dobyns. Nays: Dickens. Absent: Payne. Moved and seconded to set a public hearing for April 17 on an ordinance amending Title 14, Zoning, Article 5A, Off - Street Parking and Loading Standards, to increase the number of required parking spaces for certain multi - family dwelling units when located within a designated University Impact Area (UTA). The Mayor declared the motion carried, 5/1/1, with the following division of roll call vote. Ayes: Mims, Throgmorton, Champion, Dobyns, Hayek. Nays: Dickens. Absent: Payne. Moved and seconded that the ordinance amending Title 14, Zoning, Article 9A, General Definitions, changing the definition of "Household" as it applies in the RM -44, PRM, RNS -20, RM- 20, AND CO -1 Zones, be given first vote. The Mayor declared the motion carried, 5/1/1, with the following division of roll call vote. Ayes: Dobyns, Hayek, Mims, Throgmorton, Champion. Nays: Dickens. Absent: Payne. Moved and seconded to accept correspondence from Mike Wright and Casey Cook. Moved and seconded that the ordinance amending Title 14, Zoning, Subsection 14- 2C -8Q, Bonus Provisions, adding a floor area bonus for constructing Class A Office Space on upper floors within a multi -story building in a Central Business (CB -10) Zone, be given second vote. Moved and seconded that ORD. 12 -4472, AMENDING TITLE 14, ZONING, ARTICLE 4E, NONCONFORMING SITUATIONS, REGARDING THE REGULATION OF NON - CONFORMING DEVELOPMENT, be passed and adopted. 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. 12 -4473, AMENDING THE PLANNED DEVELOPMENT OVERLAY PLAN AND SENSITIVE AREAS DEVELOPMENT PLAN FOR THE PENINSULA NEIGHBORHOOD PHASES 3,4 AND 5 LOCATED ON FOSTER ROAD (REZ11- 00017), 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 accept correspondence from Mark Danielson. Moved and seconded to adopt RES. 12 -139, APPROVING THE PRELIMINARY PLAT OF THE PENINSULA NEIGHBORHOOD PHASE 3 AND 4, IOWA CITY, IOWA. Moved and seconded to adopt RES. 12 -140, APPROVING THE PRELIMINARY PLAT OF THE PENINSULA NEIGHBORHOOD PHASE 5, IOWA CITY, IOWA. Moved and seconded to adopt RES. 12 -141, WAIVING THE EXTRATERRITORIAL REVIEW OF WOODLAND RIDGE ESTATES, JOHNSON COUNTY, IOWA. A public hearing was held on a resolution for plans, specifications, form of contract, and estimate of cost for the construction of the Iowa City Industrial Campus Railroad Siding and Spur Improvements Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, and fixing time and place for receipt of bids. Moved and seconded to adopt RES. 12 -142, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY INDUSTRIAL CAMPUS RAILROAD SIDING AND SPUR IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY Official Actions April 3, 2012 Page 4 CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. A public hearing was held on a resolution for plans, specifications, form of contract, and estimate of cost for the construction of the Lower Muscatine Road Reconstruction Project (Kirkwood Ave. to 1St Ave.) [STP -U- 3715(37)-- 70 -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 to adopt RES. 12 -143, PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT (KIRKWOOD AVE. TO 1ST AVE.) [STP -U- 3715(37)--70-52], 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 ordinance amending Title 3, entitled "Finances, Taxation & Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 6, "Stormwater Utility Fee" and amending Title 16 entitled "Public Works," Chapter 3, "City Utilities," Article G, "Storm Water Collection, Discharge and Runoff," Section 10(F)(3) to change the rate of the Stormwater Utility Fee, be given second vote. Moved and seconded that the ordinance amending Title 10 of the City Code, entitled "Use of Public Ways and Property," Chapter 3, entitled, "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," to allow sidewalk cafes agreements to be approved administratively and to decrease the alley setback, be given first vote. Moved and seconded that ORD. 12 -4474, AMENDING TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES, SECTION 7, PUBLIC TRANSPORTATION TO AMEND FEES, be passed and adopted. Moved and seconded to adopt RES. 12 -144, INTENT TO BUDGET ANNUAL FUNDING FOR IOWA CITY AREA DEVELOPMENT GROUP FOR THE FIVE FISCAL YEARS 2013 THROUGH 2017 AND FOR ADDITIONAL FUNDING OF THE CO -LAB INITIATIVE. Moved and seconded to adopt RES. 12 -145, 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 NRT- 3715(649)- -9G -52 PROJECT. Moved and seconded to adopt RES. 12 -146, AWARDING AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WASTEWATER TREATMENT FACILITIES CONSOLIDATION PROJECT CONTRACT Moved and seconded to adopt RES. 12 -147, RESCINDING RESOLUTION NO. 12 -100 WHICH INCLUDED APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE U.S. HIGHWAY 6 AND SYCAMORE STREET INTERSECTION IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID PLAN, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Moved and seconded to adopt RES. 12 -148, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA RIVER WATER MAIN CROSSINGS PROJECT. Official Actions April 3, 2012 Page 5 Moved and seconded to adopt RES. 12 -149, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHIVE- HATTERY, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE HIGHWAY 1 TRAIL PROJECT - ORCHARD STREET TO SUNSET STREET PROJECT. Moved and seconded to adopt RES. 12 -150, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 2012 THROUGH JUNE 30, 2015. Moved and seconded to adopt RES. 12 -151, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES LOCAL #183, TO BE EFFECTIVE JULY 1, 2012 THROUGH JUNE 30, 2017. Moved and seconded to adopt RES. 12 -152, ESTABLISHING CLASSIFICATION/ COMPENSATION PLANS FOR CONFIDENTIAL /ADMINISTRATIVE EMPLOYEES AND EXECUTIVE EMPLOYEES FOR FY13, FY14, AND FY15. Moved and seconded to adopt RES. 12 -153, DEDICATING BLACKHAWK MINIPARK IN IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC RIGHT -OF -WAY. Moved and seconded to adopt RES. 12 -154, APPROVING AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA, AND CENTRAL PARK L.L.C. Moved and seconded to adopt RES. 12 -155, INTENT FOR DESIGN WORK FOR A NEW ANIMAL CARE AND ADOPTION CENTER, COST SHARING AGREEMENTS WITH NEIGHBORING JURISDICTIONS FOR SAID FACILITY, AND INTERIM ANIMAL SERVICES WITH NEIGHBORING JURISDICTIONS. Moved and seconded to adopt RES. 12 -156, REPEALING RES. 04 -117 AND ADOPTING A NEW POLICY FOR DISTRIBUTION OF ELECTRONIC PACKETS; ESTABLISHING A POLICY FOR COUNCIL MEMBER USE OF CITY iPAD, AND PROVIDING FOR REIMBURSMENT FOR THE EXPENSE OF PURCHASING PERSONAL EQUIPMENT TO ACCESS ELECTRONIC PACKET; PROCEDURES FOR E -MAIL CORRESPONDENCE AND DISTRIBUTION OF WEEKLY ELECTRONIC COUNCIL PACKETS; AND REMOVING THE STIPEND FOR SUPPLIES. Moved and seconded to adopt RES. 12 -157, RATIFYING THE PARTIAL SETTLEMENT OF PENDING LITIGATION. The Mayor noted the previously announced vacancies to Boards and Commissions: Board of Adjustment for an unexpired term, effective upon appointment, ending January 1, 2014; Metropolitan Planning Organization (MPO- formerly JCCOG) Community - Climate Action Taskforce (formerly Cool Cities Taskforce) for an At- Large /Public vacancy to fill a one -year term, effective upon appointment, ending March 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, April 11, 2012. Police Citizens Review Board for an unexpired term, effective upon appointment, ending September 1, 2013. Applications must be received by 5:00 p.m., Wednesday, April 25, 2012. Moved and seconded to appoint Phoebe Martin, 1824 G Street, to the Planning & Zoning Commission for a five -year term May 1, 2012 — May 1, 2017. The Mayor noted no applications were received for the following Boards and Commissions and all will be readvertised: Airport Commission for an unexpired term, effective upon appointment — Official Actions April 3, 2012 Page 6 March 1, 2014; Airport Zoning Brd of Adjustment for a five -year term January 1, 2012 - December 31, 2016. (New full term); 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, 2010 — December 31, 2015; Airport Zoning Commission for a six -year term January 1, 2012 — December 31, 2017. (New full term). 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 at 8:20 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, Cit Clerk'' �� Subm' publication — 4/10/12. 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 APRIL 3, 2012 Iowa City City Council special meeting, 5:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Throgmorton. Absent: Payne. Staff members present: Markus, Fruin, Dilkes, Karr, Andrew, Bentley. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Dobyns, seconded by Mims, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried and adjourned into executive session 5:02 p.m. Council returned to open session 5:09 p.m. Moved by Mims, seconded by Dobyns, to adjourn special meeting 5:10 p.m. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES APRIL 3, 2012 Iowa City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Throgmorton. Absent: Payne. Staff members present: Markus, Fruin, Dilkes, Karr, Andrew, Moran, Fosse, O'Brien, Howard, Boelk, Davidson, Clark. The Mayor proclaimed Fair Housing Month — April 2012, Dee Miller, Fair Housing Ambassadors accepting. The Mayor and Council Member Dickens presented Outstanding Student Citizenship Awards to Regina Elementary students: Nourah Abusada and Patrick McMillan. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Dobyns, seconded by Mims, that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as presented: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: March 20 Council Work Session; March 20 Regular Council Formal Official and Complete; March 21 Joint Meeting — Work Session. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Airport Commission — February 16; Human Rights Commission — February 21; Planning & Zoning Commission — February 27; Planning & Zoning Commission — March 1; Police Citizens Review Board — February 22; Senior Center Commission — February 16. Permit Motions and Resolutions as Recommended by the City Clerk. Class C Liquor License for Katy, LLC, dba Trumpet Blossom Cafe, 310 E. Prentiss St.; Outdoor Service Area for Katy, LLC, dba Trumpet Blossom Cafe, 310 E. Prentiss St.; Class C Liquor License for L & M Iowa City Investments, LLC, dba Chef's Table, 223 E. Washington St.; Special Class C Liquor License for Little Donkey's , Inc., dba Panchero's Mexican Grill, 32 S. Clinton St.; Special Class C Liquor License for Freshmex Iowa City, LLC, dba Panchero's Mexican Grill, 965 S. Riverside Dr.; Class C Liquor License for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St.; Outdoor Service Area for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St. Resolutions: RES. 12 -124, ACCEPTING THE WORK FOR THE EECBG WATER PLANT IMPROVEMENT PROJECTS 2011; RES. 12 -125, ACCEPTING THE WORK FOR THE TERRY TRUEBLOOD RECREATION AREA - PHASE 2 IMPROVEMENTS PROJECT; RES. 12 -126, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF- WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER BILL MIHALOPOULOS, AND TENANT ATLAS WORLD GRILL, INC D /B /A ATLAS WORLD GRILL, FOR A SIDEWALK CAFE; RES. 12 -127, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MOKA JAVA LLC, AND TENANT LUSATI, INC. D /B /A QUINTON'S BAR & DELI, FOR A SIDEWALK CAFE; RES. 12 -128, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF- WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN ET AL, AND TENANT LINN STREET CAFE INC. D /B /A LINN STREET CAFE, FOR A SIDEWALK CAFE; Complete Description April 3, 2012 Page 2 RES. 12 -129, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF- WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MAUREEN MONDANARO, AND TENANT SALOON OF IOWA CITY, L.C. D /B /A SALOON, FOR A SIDEWALK CAFE; RES. 12 -130, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF- WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MAUREEN MONDANARO, AND TENANT GIVANNI'S OF IOWA CITY D /B /A GIVANNI'S, FOR A SIDEWALK CAFE; RES. 12- 131, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF- WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MIDWESTONE BANK, AND TENANT ICBB, LTD D /B /A BROWN BOTTLE, FOR A SIDEWALK CAFE; RES. 12 -132, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER EVELYN OAKES, AND TENANT CHACKALACKAL, INC D /B /A ONE TWENTY SIX, FOR A SIDEWALK CAFE; RES. 12 -133, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1232 E. COURT STREET, IOWA CITY, IOWA; RES. 12 -134, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 520 MANOR DRIVE, IOWA CITY, IOWA; RES. 12 -135, ACCEPTING THE WORK FOR THE CDBG ASBESTOS ABATEMENT PACKAGE NO. 6 PROJECT; RES. 12 -136, ACCEPTING THE WORK FOR THE CDBG ASBESTOS ABATEMENT PACKAGE NO. 7 PROJECT; RES. 12 -137, ACCEPTING THE WORK FOR THE HMGP ASBESTOS ABATEMENT PACKAGE NO. 4 PROJECT; RES. 12 -138, ACCEPTING THE WORK FOR THE HMGP ASBESTOS ABATEMENT PACKAGE NO. 5 PROJECT. Correspondence: Traffic Engineering Planner regarding Installation of a LANE ASSIGNMENT sign and a LEFT TURN ONLY pavement marking for interior lane of the northbound leg of the Highway 1 / Orchard Street intersection; Traffic Engineering Planner regarding Installation of an on- street metered parking space and establishment of parking meter terms on the 200 block of East Washington Street; Traffic Engineering Planner regarding Installation of NO PARKING ANY TIME signs on the west side of Algonquin Road; Norma Lee Balmer regarding Lexington Avenue [Staff response included]; H. Lenz regarding Red Light Cameras. Senior Center Commissioner Michael Lensing updated Council on activities at the Center. A public hearing was held on an ordinance designating 1.25 -acres of land located at 108 McLean Street as an Iowa City Historic Landmark (REZ12- 00004). Planner Howard presented a power point. The Mayor requested Council report any ex parte communications and none were reported. Moved by Champion, seconded by Dickens, to accept correspondence from Barry Bender. Moved by Dobyns, seconded by Mims, that the ordinance designating 1.25 -acres of land located at 108 McLean Street as an Iowa City Historic Landmark (REZ12- 00004), be given first vote. Complete Description April 3, 2012 Page 3 Moved by Mims, seconded by Throgmorton, to set a public hearing for April 17 on an ordinance rezoning approximately 2.43 acres of land from Intensive Commercial (CI -1) to Community Commercial (CC -2) for properties located east of West Side Drive and north of Mormon Trek Boulevard near its intersection with Highway 1 West (REZ12- 00003). Moved by Dobyns, seconded by Mims, to set a public hearing for April 17 on an ordinance amending Title 14, Zoning, Articles 2B and 2C, and Paragraph 14- 4B -4A -7 to establish three as the maximum number of bedrooms allowed within a multi - family dwelling unit in Multi - Family Zones and in Commercial Zones that allow multi - family uses and to establish new residential density formulas for multi - family uses located in Multi - Family Zones and in Commercial Zones that allow multi - family uses. The Mayor declared the motion carried, 5/1/1, with the following division of roll call vote. Ayes: Hayek, Mims, Throgmorton, Champion, Dobyns. Nays: Dickens. Absent: Payne. Moved by Champion, seconded by Throgmorton, to set a public hearing for April 17 on an ordinance amending Title 14, Zoning, Article 5A, Off - Street Parking and Loading Standards, to increase the number of required parking spaces for certain multi - family dwelling units when located within a designated University Impact Area (UTA). The Mayor declared the motion carried, 5/1/1, with the following division of roll call vote. Ayes: Mims, Throgmorton, Champion, Dobyns, Hayek. Nays: Dickens. Absent: Payne. Moved by Champion, seconded by Dobyns, that the ordinance amending Title 14, Zoning, Article 9A, General Definitions, changing the definition of "Household" as it applies in the RM -44, PRM, RNS -20, RM -20, AND CO -1 Zones, be given first vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 5/1/1, with the following division of roll call vote. Ayes: Dobyns, Hayek, Mims, Throgmorton, Champion. Nays: Dickens. Absent: Payne. Moved by Mims, seconded by Dickens, to accept correspondence from Mike Wright and Casey Cook. Moved by Mims, seconded by Dobyns, that the ordinance amending Title 14, Zoning, Subsection 14- 2C -8Q, Bonus Provisions, adding a floor area bonus for constructing Class A Office Space on upper floors within a multi -story building in a Central Business (CB -10) Zone, be given second vote. Moved by Champion, seconded by Throgmorton, that ORD. 12 -4472, AMENDING TITLE 14, ZONING, ARTICLE 4E, NONCONFORMING SITUATIONS, REGARDING THE REGULATION OF NON - CONFORMING DEVELOPMENT, be passed and adopted. Moved by Mims, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 12 -4473, AMENDING THE PLANNED DEVELOPMENT OVERLAY PLAN AND SENSITIVE AREAS DEVELOPMENT PLAN FOR THE PENINSULA NEIGHBORHOOD PHASES 3,4 AND 5 LOCATED ON FOSTER ROAD (REZ11- 00017), be voted on for final passage at this time. Moved by Mims, seconded by Dobyns, that the ordinance be finally adopted at this time. Moved by Throgmorton, seconded by Dobyns, to accept correspondence from Mark Danielson. Moved by Mims, seconded by Champion, to adopt RES. 12 -139, APPROVING THE PRELIMINARY PLAT OF THE PENINSULA NEIGHBORHOOD PHASE 3 AND 4, IOWA CITY, IOWA. Moved by Champion, seconded by Dickens, to adopt RES. 12 -140, APPROVING THE PRELIMINARY PLAT OF THE PENINSULA NEIGHBORHOOD PHASE 5, IOWA CITY, IOWA. Complete Description April 3, 2012 Page 4 Moved by Throgmorton, seconded by Mims, to adopt RES. 12 -141, WAIVING THE EXTRATERRITORIAL REVIEW OF WOODLAND RIDGE ESTATES, JOHNSON COUNTY, IOWA. A public hearing was held on a resolution for plans, specifications, form of contract, and estimate of cost for the construction of the Iowa City Industrial Campus Railroad Siding and Spur Improvements Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, and fixing time and place for receipt of bids. No one appeared. Moved by Dobyns, seconded by Mims, to adopt RES. 12 -142, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY INDUSTRIAL CAMPUS RAILROAD SIDING AND SPUR IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. A public hearing was held on a resolution for plans, specifications, form of contract, and estimate of cost for the construction of the Lower Muscatine Road Reconstruction Project (Kirkwood Ave. to 1St Ave.) [STP -U- 3715(37)-- 70 -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. No one appeared. Moved by Dobyns, seconded by Mims, to adopt RES. 12 -143, PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT (KIRKWOOD AVE. TO 1ST AVE.) [STP -U- 3715(37)-- 70 -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 Champion, seconded by Dickens, that the ordinance amending Title 3, entitled "Finances, Taxation & Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 6, "Stormwater Utility Fee" and amending Title 16 entitled "Public Works," Chapter 3, "City Utilities," Article G, "Storm Water Collection, Discharge and Runoff," Section 10(F)(3) to change the rate of the Stormwater Utility Fee, be given second vote. Moved by Mims, seconded by Dickens, that the ordinance amending Title 10 of the City Code, entitled "Use of Public Ways and Property," Chapter 3, entitled, "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," to allow sidewalk cafes agreements to be approved administratively and to decrease the alley setback, be given first vote. Moved by Champion, seconded by Dickens, that ORD. 12 -4474, AMENDING TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES, SECTION 7, PUBLIC TRANSPORTATION TO AMEND FEES, be passed and adopted. Moved by Mims, seconded by Dobyns, to adopt RES. 12 -144, INTENT TO BUDGET ANNUAL FUNDING FOR IOWA CITY AREA DEVELOPMENT GROUP FOR THE FIVE FISCAL YEARS 2013 THROUGH 2017 AND FOR ADDITIONAL FUNDING OF THE CO -LAB INITIATIVE. City Manager Markus and PCD Dir. Davidson present for discussion. Moved by Mims, seconded by Dobyns, to adopt RES. 12 -145, 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 NRT- 3715(649)- -9G -52 PROJECT to J & L Construction for $488,775.50. Parks & Rec. Dir. Moran present for discussion. Complete Description April 3, 2012 Page 5 Moved by Champion, seconded by Mims, to adopt RES. 12 -146, AWARDING AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WASTEWATER TREATMENT FACILITIES CONSOLIDATION PROJECT CONTRACT to Joseph J. Henderson & Son Inc. for $43,787,000.00. Public Works Dir. Fosse present for discussion. Moved by Mims, seconded by Champion, to adopt RES. 12 -147, RESCINDING RESOLUTION NO. 12 -100 WHICH INCLUDED APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE U.S. HIGHWAY 6 AND SYCAMORE STREET INTERSECTION IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID PLAN, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Moved by Dobyns, seconded by Dickens, to adopt RES. 12 -148, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA RIVER WATER MAIN CROSSINGS PROJECT to Vieth Construction Corp. for $273,481.00. Moved by Champion, seconded by Dobyns, to adopt RES. 12 -149, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHIVE- HATTERY, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE HIGHWAY 1 TRAIL PROJECT - ORCHARD STREET TO SUNSET STREET PROJECT. Moved by Dobyns, seconded by Mims, to adopt RES. 12 -150, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 2012 THROUGH JUNE 30, 2015. Moved by Dobyns, seconded by Mims, to adopt RES. 12 -151, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES LOCAL #183, TO BE EFFECTIVE JULY 1, 2012 THROUGH JUNE 30, 2017. Moved by Champion, seconded by Dobyns, to adopt RES. 12 -152, ESTABLISHING CLASSIFICATION /COMPENSATION PLANS FOR CONFIDENTIAUADMINISTRATIVE EMPLOYEES AND EXECUTIVE EMPLOYEES FOR FY13, FY14, AND FY15. Moved by Mims, seconded by Dobyns, to adopt RES. 12 -153, DEDICATING BLACKHAWK MINIPARK IN IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC RIGHT -OF -WAY. PCD Dir. Davidson presented a power point. Moved by Mims, seconded by Dobyns, to adopt RES. 12 -154, APPROVING AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA, AND CENTRAL PARK L.L.C. PCD Dir. Davidson presented a power point. Developer Moen present for discussion. Individual Council Members expressed their views. Moved by Dobyns, seconded by Dickens, to adopt RES. 12 -155, INTENT FOR DESIGN WORK FOR A NEW ANIMAL CARE AND ADOPTION CENTER, COST SHARING AGREEMENTS WITH NEIGHBORING JURISDICTIONS FOR SAID FACILITY, AND INTERIM ANIMAL SERVICES WITH NEIGHBORING JURISDICTIONS. Moved by Mims, seconded by Dobyns, to adopt RES. 12 -156, REPEALING RES. 04 -117 AND ADOPTING A NEW POLICY FOR DISTRIBUTION OF ELECTRONIC PACKETS; ESTABLISHING A POLICY FOR COUNCIL MEMBER USE OF CITY iPAD, AND PROVIDING FOR REIMBURSMENT FOR THE EXPENSE OF PURCHASING PERSONAL EQUIPMENT TO ACCESS ELECTRONIC PACKET; PROCEDURES FOR E -MAIL CORRESPONDENCE AND Complete Description April 3, 2012 Page 6 DISTRIBUTION OF WEEKLY ELECTRONIC COUNCIL PACKETS; AND REMOVING THE STIPEND FOR SUPPLIES. Moved by Mims, seconded by Dickens, to adopt RES. 12 -157, RATIFYING THE PARTIAL SETTLEMENT OF PENDING LITIGATION, from HARRIS for $30,000, and litigation against INNOPRISE will continue. The Mayor noted the previously announced vacancies to Boards and Commissions: Board of Adjustment for an unexpired term, effective upon appointment, ending January 1, 2014; Metropolitan Planning Organization (MPO- formerly JCCOG) Community - Climate Action Taskforce (formerly Cool Cities Taskforce) for an At- Large /Public vacancy to fill a one -year term, effective upon appointment, ending March 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, April 11, 2012. Police Citizens Review Board for an unexpired term, effective upon appointment, ending September 1, 2013. Applications must be received by 5:00 p.m., Wednesday, April 25, 2012. Moved by Champion, seconded by Dickens, to appoint Phoebe Martin, 1824 G Street, to the Planning & Zoning Commission for a five -year term May 1, 2012 — May 1, 2017. The Mayor noted no applications were received for the following Boards and Commissions and all will be readvertised: Airport Commission for an unexpired term, effective upon appointment — March 1, 2014; Airport Zoning Brd of Adjustment for a five -year term January 1, 2012 - December 31, 2016. (New full term); 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, 2010 — December 31, 2015; Airport Zoning Commission for a six -year term January 1, 2012 — December 31, 2017. (New full term). 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 Throgmorton reported he would be guiding a Jane Jacobs Walk and more information would be coming on the event; stated he had attended an advance screening of a documentary concerning the City of Literature and to watch for more details on other viewings. Council Member Champion commented on the beautiful spring, blooming flowers and trees. Council Member Dobyns thanked Council Member Dickens for having the paper agenda packet handy if needed, as he was using computer and going paperless for the first time. Mayor Hayek confirmed Council would be scheduling a work session to discuss neighborhood stabilization in a more general fashion; and wished his daughter Greta a Happy 5th Birthday. Moved by Dobyns, seconded by Mims, to adjourn meeting at 8:20 p.m. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk r �- 1 CITY OF IOWA CITY 5a(2) MEMORANDUM wmm�� Date: April 10, 2012 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, April 3, 2012, 5:00 PM in Emma J. Harvat Hall Council: Champion, Dickens, Dobyns, Hayek, Mims, Throgmorton. Absent: Payne UISG Rep.: Graham Staff: Markus, Fruin, Dilkes, Karr, Andrew, Bentley, O'Brien, Jennings, O'Malley, Miklo, Howard, Goodman, Moran, Fosse, Davidson, Havel (A complete transcription is available in the City Clerk's Office and the City website) Mayor Hayek stated Council Member Payne was ill and would not be attending the meetings that evening. COUNCIL APPOINTMENTS [Agenda #27] Airport Commission (1) — Readvertise Airport Zoning Brd of Adjustment (2) — Readvertise Airport Zoning Brd of Adjustment (1) — Readvertise Airport Zoning Commission (1) — Readvertise Planning & Zoning Commission (1) — Phoebe Martin PLANNING & ZONING ITEMS PCD Dir. presented a power point [archived in the City Clerk's office] of the following items: ITEM 6i CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PENINSULA NEIGHBORHOOD PHASE 3 AND 4, IOWA CITY, IOWA. (SUB11- 00017) ITEM 6j CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PENINSULA NEIGHBORHOOD PHASE 5, IOWA CITY, IOWA. (SUB12- 00001) ITEM 6k CONSIDER A RESOLUTION WAIVING THE EXTRATERRITORIAL REVIEW OF WOODLAND RIDGE ESTATES, JOHNSON COUNTY, IOWA. Planner Howard and Senior Planner Miklo presented a power point [archived in the City Clerk's office] of the following item: ITEM 6e CONSIDER AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLE 9A, GENERAL DEFINITIONS, CHANGING THE DEFINITION OF "HOUSEHOLD" AS IT APPLIES IN THE RM -44, PRM, RNS -20, RM -20, AND CO -1 ZONES. (FIRST CONSIDERATION) In response to Mayor Hayek a majority indicated support for the ordinance. Council Work Session April 3, 2012 Page 2 AGENDA ITEMS 1. (Agenda item # 22 — resolution approving an agreement ... private redevelopment ... Central Park L.L.C.) PCD Dir. Davidson, City Manager Markus, and City Atty. Dilkes responded to questions. Majority requested staff provide a shadow analysis of the project at the formal meeting. 2. In response to Council Member Dobyns, City Clerk Karr and City Manager Markus stated it was common to have the consent calendar at the front of the meeting but Council could adjust the order permanently by resolution, or pull items from the Consent Calendar for separate consideration. 3. (Agenda item # 13 — resolution of intent to budget annual funding ... Co -Lab Initiative) PCD Dir. Davidson present for discussion. City Manager Markus confirmed performance measures were in the enabling agreement and discretion provided to the City Manager. RECAPPING FARMER'S MARKET STRATEGIC PLANNING EFFORT [IP #3] Chair Clay Claussen introduced other strategic planning committee members (Vendor Kristin Kromray, Vendor and Commission Member Alli Gnade, Vice -Chair Maggie Elliott, Parks & Rec. Dir. Moran). Other members not in attendance included: Vendor Martha Boyson, Commission Member Lucie Laurian, and Market Coordinator Neumann. Two handouts were distributed: ➢ Recommendations: ➢ Farmers Market Expansion 2 -5 Years STAFF ACTION: Park & Recreation Commission to adopt the Report and schedule for Council approval. (Moran) ANIMAL SHELTER PROJECT UPDATE [Agenda #23] City Manager Management Intern Andrew presented a power point [archived in the City Clerk's office], and City Manager Markus responded to questions. Majority agreed to proceed. INFORMATION PACKET DISCUSSION [March 291 / COUNCIL TIME 1. Council Member Throgmorton indicated he had a question regarding the elevation of Dubuque Street and would follow up with Public Works Dir. Fosse. 2. (IP5 — Memo from the City Clerk re KXIC Radio Show) After discussion a majority agreed to the following schedule: April 18 - Mims April 25 - Champion May 2 - Throgmorton May 9 - Hayek May 16 - Rick Dobyns May 23 - Champion May 30 - Hayek 3. Mayor Hayek noted that Council Member Throgmorton had been appointed to the ECICOG and UNESCO Board and meeting times conflict. The item will be scheduled for the next Council meeting for discussion and possible reappointments. Council Work Session April 3, 2012 Page 3 4. Mayor Hayek that Council Member Dobyns has been asked to participate in the Partnership for Alcohol Safety meetings and there is no formal appointment necessary. 5. Council Member Throgmorton distributed copies of a proposed resolution relating to the Death of Trayvon Martin and asked Council to consider placing it on an agenda for adoption. A majority agreed to schedule discussion at the April 17 work session. PENDING WORK SESSION TOPICS [IP#4] None MEETING SCHEDULE /UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS [IP #5] Council Member Throgmorton thanked staff for their efforts in supporting and coordinating the Jane Jacobs walk on May 5th, noting the route from the ped. mall down Clinton Street to the old train depot and back up Linn and Gilbert Streets. The event is co- sponsored by the City of Iowa City, School of Urban & Regional Planning at the University, City of Literature, and the Center for the living City. He stated more information would be coming. 2. Council Member Dobyns asked that Council consider moving the August meeting date from August 21 to August 14. Staff will schedule for April 17 work session to allow Members to check their calendars regarding re- scheduling. 3. Mayor Hayek noted upcoming events for Earth Day at the Recycling Center, and Olympic Trials. Meeting adjourned 6:32 PM.