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HomeMy WebLinkAbout2012-06-19 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 JUNE 19, 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, Bentley, Davidson, Knoche, Rackis, Craig, Moran, Slattery, O'Brien, Bollinger. The Mayor proclaimed Juneteenth — June 19. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Mims, seconded by Champion, 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: June 5 Special Council Formal Official and Complete; June 5 Council Work Session; June 5 Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). Civil Service Commission — June 5; Planning & Zoning Commission — May 3; Planning & Zoning Commission — May 17; Senior Center Commission — April 26. Permit Motions and Resolutions as Recommended by the City Clerk. (New): Class C Liquor License for AKA White, Inc., dba The Summit Restaurant & Bar,10 S. Clinton St.; (Renewal) Class E Liquor License for Walgreen Co., dba Walgreens #05077, 2214 Muscatine Ave.; Class C Liquor License for Dublin Underground, Inc., dba Dublin Underground, 5 S. Dubuque St.; Class C Liquor License for David L. Alberhasky, dba Dave's Foxhead Tavern, 402 E. Market St. Class E Liquor License for Kum & Go, LC, dba Kum & Go #422, 513 S. Riverside Dr.; Class E Liquor License for Kum & Go, LC, dba Kum & Go #53, 955 Mormon Trek Blvd.; Class E Liquor License for John's Grocery, Inc., dba John's Grocery, Inc., 401 E. Market St.; Class C Liquor License for Iowa City Aerie #695 Fraternal Order of Eagles, dba Fraternal Order of Eagles #695, 225 Highway 1 W. Class C Liquor License for I.C. Raw, Inc., dba Summit Restaurant & Bar, 10 S. Clinton St.; RES. 12 -290, TO ISSUE DANCING PERMITS to Iowa City Aerie #695 Fraternal Order of Eagles, dba Fraternal Order of Eagles #695, 225 Highway 1 W. and AKA White, Inc., dba The Summit Restaurant & Bar, 10 S. Clinton St.; RES. 12- 291, TO ISSUE CIGARETTE PERMITS. Resolutions: RES. 12 -292, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1813 G STREET, IOWA CITY, IOWA; RES. 12 -293, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1083 WALKER CIRCLE, IOWA CITY, IOWA; RES. 12 -294, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2013 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS; RES. 12 -295, AUTHORIZING THE MAYOR TO Complete Description June 19, 2012 Page 2 EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 305 TAFT SPEEDWAY, IOWA CITY, IOWA; RES. 12 -296, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 1863 RICHMOND LANE, IOWA CITY, IOWA; RES. 12- 297, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE AGREEMENT WITH JOSEPH J. HENDERSON & SON, INC. Setting Public Hearings: RES. 12 -298, SETTING A PUBLIC HEARING ON JULY 10, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE S. DUBUQUE STREET STORM SEWER AND WATER MAIN IMPROVEMENTS PROJECT, 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 -299, SETTING A PUBLIC HEARING ON JULY 10, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE RENOVATION OF FIELDS 1, 2, 3, AND 4 AT NAPOLEON PARK GIRLS SOFTABLL COMPLEX PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Correspondence: Asst. Transportation Planner regarding Installation of NO PARKING ANY TIME signs on the east side of Dublin Drive from Melrose Avenue to Tipperary Road; Gary Sanders regarding My Actual Comment for Press - Citizen Article; James Danuser regarding Burning Tires and the police; Arc of Southeast Iowa regarding Cable TV Division and City Channel 4; James J. White regarding Idyllwild — U of Iowa Student Housing ? ?; Barb Lewis regarding Eastside Express Bus [Staff response included]; Jerry Bokassa regarding Forest View Trailer Court; Janelle Roberts regarding "Living in Iowa City" books [Staff response included]; E. Porter regarding t -shirt. A public hearing was held on an ordinance vacating air rights within the public right - of -way located adjacent to the property at 114 South Dubuque Street, Iowa City, Iowa. PCD Dir. Davidson presented a power point. Moved by Mims, seconded by Payne, that the ordinance vacating and conveying air rights within the public right -of -way located adjacent to the property at 114 South Dubuque Street, Iowa City, Iowa, be given first vote. Individual Council Members expressed their views. The Mayor declared the motion carried on first consideration, 5/2, with the following division of roll call vote. Ayes: Dickens, Dobyns, Mims, Payne, Champion. Nays: Hayek, Throgmorton. A public hearing was held on an ordinance conditionally rezoning approximately 4.29 acres of land located on Walden Road, west of Mormon Trek Boulevard from Medium Density Single Family Residential (RS -8) Zone to High Density Single Family Residential (RS -12) Zone (REZ09- 00003). The Mayor stated that the hearing would have to be continued as the conditional zoning agreement had not been signed. PCD Complete Description June 19, 2012 Page 3 Dir. Davidson presented a power point. The Mayor asked Council Members to disclose any ex parte discussions and Dobyns, Payne and Hayek reported. The following individuals appeared: Glenn Siders, Southgate Development Services; Brian Fink, 44 Coll Court; Kevin Den Adel, 54 Coll Court; Jason Mascher. City Engr. Knoche present for discussion. Individual Council Members expressed their views. Moved by Mims, seconded by Throgmorton, that the public hearing be continued and that the first consideration of ordinance conditionally rezoning approximately 4.29 acres of land located on Walden Road, west of Mormon Trek Boulevard from Medium Density Single Family Residential (RS -8) Zone to High Density Single Family Residential (RS -12) Zone (REZ09- 00003), be deferred to July 10. 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 -4485, REZONING APPROXIMATELY 1.3 ACRES OF LAND LOCATED SOUTH OF HARRISON STREET BETWEEN CLINTON AND DUBUQUE STREETS FROM PUBLIC (P -1) TO INSTITUTIONAL PUBLIC /CENTRAL BUSINESS SERVICE (P- 2/CB -2) (REZ12- 00007), be voted on for final passage at this time. The Mayor asked Council Members to disclose any ex parte discussions and none were reported. Moved by Mims, seconded by Dickens, that the ordinance be finally adopted at this time. A public hearing was held on a resolution of conveyance of a single family home located at 702 Giblin Drive. No one appeared. Moved by Champion, seconded by Dickens, to adopt RES. 12 -300, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 702 GIBLIN DRIVE. A public hearing was held on a resolution of conveyance of a single family home located at 648 South Lucas Street. No one appeared. Moved by Champion, seconded by Dickens, to adopt RES. 12 -301, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 648 SOUTH LUCAS STREET. A public hearing was held on a resolution of a single family home located at 437 South Governor Street. No one appeared. Moved by Champion, seconded by Payne, to adopt RES. 12 -302, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 437 SOUTH GOVERNOR STREET. A public hearing was held on a resolution adopting Iowa City's FY11 Annual Action Plan Amendment #5, which is a sub -part of Iowa City's 2011 -2015 Consolidated Plan (City Steps), authorizing the City Manager to submit said plan and all necessary certifications to the U.S. Department of Housing and Urban Development. No one appeared. Moved by Dobyns, seconded by Mims, to adopt RES. 12 -303, ADOPTING IOWA CITY'S FY11 ANNUAL ACTION PLAN AMENDMENT #5, WHICH IS A SUB -PART OF IOWA CITY'S 2011 -2015 CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Complete Description June 19, 2012 Page 4 A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Highway 1 Trail Project - Orchard Street to Sunset Street, establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, and fixing time and place for receipt of bids. No one appeared. Moved by Mims, seconded by Dobyns, to adopt RES. 12 -304, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHWAY 1 TRAIL PROJECT - ORCHARD STREET TO SUNSET STREET, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the 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 to bidders, and fixing time and place for receipt of bids. No one appeared. Moved by Dobyns, seconded by Dickens, to adopt RES. 12 -305, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF 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 TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Public Works Complex — Warm Storage Building 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 Dickens, seconded by Payne, to adopt RES. 12 -306, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PUBLIC WORKS COMPLEX — WARM STORAGE BUILDING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the 2012 Muscatine Avenue Water Main 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 Payne, seconded by Mims, to adopt RES. 12 -307, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2012 MUSCATINE AVENUE WATER MAIN 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. Complete Description June 19, 2012 Page 5 Moved by Mims, seconded by Champion, to adopt RES. 12 -308, AWARDING CONTRACT TO Carter & Associates for $258,061.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE J STREET & SYCAMORE VIEW WATER MAIN - SOUTHEAST JUNIOR HIGH SANITARY SEWER PROJECT. Moved by Champion, seconded by Dobyns, to adopt RES. 12 -309, AWARDING CONTRACT to North Construction for $137,892.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE ROBERT A. LEE RECREATION CENTER IMPROVEMENTS - EAST ENTRY REMODELING PROJECT. Moved by Mims, seconded by Payne, to adopt RES. 12 -310, ADOPTING THE IOWA CITY HOUSING AUTHORITY'S PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY POLICY (ACOP). Moved by Dickens, seconded by Champion, to adopt RES. 12 -311, ADOPTING THE IOWA CITY HOUSING AUTHORITY'S HOUSING CHOICE VOUCHER (HCV) ADMINISTRATIVE PLAN. Moved by Mims, seconded by Dickens, to adopt RES. 12 -312, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FIRST AMENDMENT TO THE AGREEMENT FOR THE IMPROVEMENT OF LAND FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND MARC MOEN FOR 118 EAST COLLEGE STREET, IOWA CITY, IOWA. Individual Council Members expressed their views. Moved by Mims, seconded by Dickens, to adopt RES. 12 -313, APPROVING FUNDING FOR IBLITZ BOXING AND FITNESS, LLC FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT — ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. PCD Dir. Davidson present for discussion. Moved by Champion, seconded by Throgmorton, to adopt RES. 12 -314, APPROVING AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA, AND MDK DEVELOPMENT, L.L.C. PCD Dir. Davidson presented a power point. Motion by Throgmorton to defer the item until July 10 failed for lack of a second. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Mims, Payne, Champion, Dickens, Dobyns, Hayek. Nays: Throgmorton. Moved by Mims, seconded by Payne, to adopt RES. 12 -315, APPROVING DISTRIBUTION OF THE "PROGRAM FOR IMPROVING NEIGHBORHOODS" ( "PIN ") GRANT FUNDS. The following individuals appeared: Cindy Roberts, Grant Wood Neighborhood Association, 2034 Grant Wood St.; Alicia Trimble, Grant Wood Neighborhood Association, 2232 California Ave.; Henri Harper, Grant Wood Neighborhood Association; Jean Walker, Melrose Neighborhood Association, 335 Lucon Dr.; Sarah Clark, Northside Neighborhood Association, 509 Brown St.; Wendy Stevenson, Goosetown Neighborhood Association, 1016 Bloomington St.; Pam Complete Description June 19, 2012 Page 6 Michaud, College Green Neighborhood Association; and Will Thomson, Longfellow Neighborhood Association, 516 Grant St. Individual Council Members expressed their views. Moved by Mims, seconded by Dickens, to adopt RES. 12 -316, FIXING DATE of July 10, 2012 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $2,800,000 TAXABLE GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2012, OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Individual Council Members expressed their views. Moved by Dickens, seconded by Payne, to adopt RES. 12 -317, FIXING DATE of July 10, 2012 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $3,100,000 TAXABLE URBAN RENEWAL REVENUE BONDS, SERIES 2012, OF THE CITY OF IOWA CITY, STATE OF IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Moved by Dobyns, seconded by Payne, to adopt RES. 12 -318, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND KOBRIN DEVELOPMENT COMPANY INC., FORMERLY KNOWN AS SOUTHGATE DEVELOPMENT COMPANY, INC., REGARDING THE FINANCING OF THE CAMP CARDINAL ROAD CONSTRUCTION COSTS. Moved by Payne, seconded by Dobyns, to adopt RES. 12 -319, AMENDING THE BUDGETED POSITIONS AT THE IOWA CITY PUBLIC LIBRARY. Moved by Dobyns, seconded by Payne, to adopt RES. 12 -320, ESTABLISHING AN AD HOC DIVERSITY COMMITTEE TO STUDY CITY OPERATIONS AS THEY RELATE TO MINORITY POPULATIONS. Individual Council Members expressed their views. The Mayor noted the current vacancies to Boards and Commissions: Ad Hoc Diversity Committee for seven vacancies for six -month terms beginning September 1, 2012 — March 10, 2013' Applications must be received by 5:00 p.m., Wednesday, July 25, 2012. The Mayor noted previously announced vacancies: Housing and Community Development Commission for three vacancies for three -year terms September 1, 2012 — September 1, 2015; Police Citizens Review Board for two vacancies to fill four -year terms September 1, 2012 — September 1, 2016. Applications must be received by 5:00 p.m., Wednesday, June 27, 2012. 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); Human Rights Commission for an unexpired term, effective upon appointment, ending January 1, 2014; Youth Advisory Commission for a two -year term (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) January 1, 2011 — December 31, 2012 Complete Description June 19, 2012 Page 7 One (1) person — Tate High. Applications must be received by 5:00 p.m., Wednesday, July 25, 2012. 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 by Champion, seconded by Throgmorton, to appoint Jay Semel, 331 S. Summit St., to the Board of Library Trustees for an unexpired term, effective upon appointment, ending June 30, 2013. Council Members wished Council Member Dobyns a happy 30th wedding anniversary. Council Member Payne stated the Johnson County emergency sirens would be tested on July 5 due to the normal testing date hitting the July 4th holiday. Moved by Mims, seconded by Dobyns, to adjourn meeting 8:55 p.m. ?�" A Matthew J. Rayek, Mayor g - 2sgj Madan K. Karr, City Clerk 3a(1) 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 — 6/5/12 Iowa City City Council special meeting, 5:00 p.m. at City Hall. Mayor Matt Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None 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. Moved and seconded to adjourn special meeting 5:25 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 Clerk Submittec' for publication — 6/12/12 1 to CITY OF IOWA CITY 3 MEMORANDUM Date: June 11, 2012 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, June 5, 2012, 5:00 PM in Emma J. Harvat Hall Council: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton UISG: Uttermark Staff: Markus, Fruin, Bentley, Dulek, Goers, Karr, Davidson, O'Malley, Hargadine, Long, Yapp, Boothroy, Havel, Morris, Howard (A complete transcription is available in the City Clerk's Office and the City website) COUNCIL APPOINTMENTS [Agenda #21] Historic Preservation Commission — Shannon Gassman Human Rights Commission — Jessie Harper PLANNING & ZONING ITEMS None AGENDA ITEMS 1. (Item # 7 — utility easements ... 1807 and 2001 Lower Muscatine Road) Council Member Payne stated she had a conflict of interest and would be abstaining. 2. (Consent Calendar # 4f(8) — Tony Barino correspondence) In response to Council Member Throgmorton, City Clerk Karr reported that signed correspondence addressed to City Council is included in the Council packet regardless of size, residency, or local jurisdiction. 3. (Consent Calendar # 4f(14) — correspondence from Steve Cooper re Towncrest) In response to Council Member Throgmorton, PCD Dir. Davidson reported that the Council Economic Development Committee discussed the area at a meeting earlier in the day. EC Member Mims and City Manager Markus stated staff has worked on the area and is making progress. 4. (Item # 7 — utility easements ... 1807 and 2001 Lower Muscatine Road) Civil Engr. Havel Havel stated the project wouldn't impact existing trees and was installing underground utilities for a minimal impact. DISCUSS PUBLIC ACCESS to the WEST OF THE PEARSON PROPERTY [AGENDA # 6Fl City Planner Howard presented a power point. Majority of Council agreed to proceed with the resolution. Council Work Session June 5, 2012 Page 2 DISCUSS COMPOSITION AND CHARGE OF THE PROPOSED AD -HOC DIVERSITY COMMITTEE fIP # 31 City Manager Markus reviewed the memo contained in the 5/31 info packet and agreed to the following items: • Membership of 7 • Vacancies to be announced, advertised, and application taken as with other Boards and Commissions • Council will appoint Chair and Vice Chair • Beginning scope identified as transit (including the Downtown interchange) and Police (including Police Citizens Review Board) • Six (6) month duration • Once a month regular meetings and additional meetings scheduled as needed Staff Action: Proceed as outlined and prepare resolution for Council consideration at the June 19 meeting. (Markus) REVIEW OF THE STRATEGIC PLAN STATUS REPORT (NEIGHBORHOOD STABILIZATION) rIP # 41 Asst. to the City Manager Fruin reviewed the Plan (distributed in the Info Packet) starting on Page 15. Further discussion will continue at future meetings. DISCUSSION OF JOINT AGENDA ITEMS [IP # 51 After discussion no agenda items were submitted, and Council Members asked to contact JC or City Clerk Karr with preferred tour times. STAFF ACTION: Notify Johnson County no agenda items will be submitted from Iowa City. (Karr) INFORMATION PACKET DISCUSSION [MAY 17,24 AND 311 (IP7 — May 17) Mayor Hayek reminded Council Members of the KXIC schedule. COUNCIL TIME 1. Council Member Throgmorton reported on meeting he and Council Member Payne attended regarding the regional workforce investment system. Council Member Payne clarified earlier discussions regarding the appointment process by reporting that Jim is appointed by the Council and she was appointed by the Governor. 2. In response to Council Member Dickens, City Clerk Karr stated she does not receive copies of the SEATS Paratransit Advisory Committee and that if he provided them she would include in the information packet. PENDING WORK SESSION TOPICS fIP # 61 Mayor Hayek clarified that the review of the Strategic Plan would remain on the list for routine updates. MEETING SCHEDULE /UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS In response to Council Member Payne, City Clerk Karr stated she would be coming back to Council re the fall schedule in July. Meeting adjourned 6:40 PM. 3a(3) 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 — 6/5/12 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. The Mayor proclaimed Pride Month — June, Bridget Malone accepting. An update and power point presentation of the Landfill Fire was given by Fire Chief Rocca, Public Work Dir. Fosse, and Johnson County Health Dept. Dir. Doug Beardsley. 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: May 15 Council Work Session; May 15 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 — April 19; Board of Adjustment — March 28; Board of Adjustment — April 11; Historic Preservation Commission —April 12; Housing & Community Development Commission —April 19; Human Rights Commission —April 17. Permit Motions and Resolutions as Recommended by the City Clerk. (New): Class C Liquor License for ARAMARK Corporation, dba ARAMARK @ACT, 500 ACT Drive; Special Class C Liquor License for Mexico Waynes, LLC., dba Mexico Waynes, 521 Westbury Drive; Outdoor Service Area for Mexico Waynes, LLC., dba Mexico Waynes, 521 Westbury Drive; Class B Beer Permit for Maria Gonzalez dba Taqueria Acapulco, 1937 Keokuk St.; Five -Day Special Class C Liquor Licenses for Prairie Lights Books, Inc., dba The Times Club at Prairie Lights, 26 E. Market St.(lowa Summer Writing Festival June 14; 21; 28 and July 12; 19; 26.); Class C Liquor License for Cactus Mexican Grill & Cantina, LLC., dba Cactus Mexican Grill & Cantina, 245 S. Gilbert St.; Outdoor Service Area for Cactus Mexican Grill & Cantina, LLC., dba Cactus Mexican Grill & Cantina, 245 S. Gilbert St. (Renewal): Class C Liquor License for Jimmy Jack Mac, Inc., dba Basta, 121 Iowa Ave.; Class C Liquor License for Weekes -Van Eck Post #3949 Veterans of Foreign Wars, dba Weekes -Van Eck Post #3949 Veterans of Foreign Wars, 609 Highway 6 East; Class C Liquor License for GFP, Inc. dba Wig & Pen Pizza Pub, 1220 Highway 6 West; Outdoor Service Area for GFP, Inc., dba Wig & Pen Pizza Pub, 1220 Highway 6 West; Class B Beer Permit for NPC International, Inc., dba Pizza Hut #4358, 1926 Keokuk St.; Class C Beer Permit for Kwik Trip, Inc., dba Tobacco Outlet Plus #537, 923 S. Riverside Dr.; Class E Liquor License for The Outlet, Inc. dba Cigarette Outlet #18, 1901 Broadway St.; Class E Liquor License for Iowa CVS Pharmacy, LLC, dba CVS Pharmacy #8547, 2425 Muscatine Ave. Resolutions and Motions: RES. 12 -262, CONCERNING MEDIACOM COMMUNICATIONS CORPORATION'S 2012 UPDATING OF RATES FOR BASIC CABLE SERVICES; Approve disbursements in the amount of $9,764,040.39 for the Official Actions June 5, 2012 Page 2 period of April 1 through April 30, 2012, as recommended by the Finance Director subject to audit; RES. 12 -263, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 1115 ROCHESTER AVENUE, IOWA CITY, IOWA; RES. 12 -264, ACCEPTING THE WORK FOR THE FY2011 ASPHALT RESURFACING PROJECT; RES. 12 -265, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT #1 TO THE OCTOBER 6, 2009 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R GREEN COMPANY (H.R. GREEN) TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA RIVER WATER MAIN CROSSINGS PROJECT; RES. 12 -266, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA HEALTH SYSTEM AND BROADBAND, INC., TO USE CERTAIN PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK; RES. 12 -267, APPROVING THE RELEASE OF A TILE AND DRAINAGE EASEMENT AND THE ESTABLISHMENT OF A MINIMUM LOW OPENING ON LOT 99 OF VILLAGE GREEN -PART 23 AND THE DEDICATION OF A REPLACEMENT DRAINAGE EASEMENT ON LOT 105 OF VILLAGE GREEN -PART 24. Setting Public Hearings: RES. 12 -268, SETTING PUBLIC HEARING FOR JUNE 19, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 648 SOUTH LUCAS STREET; RES. 12 -269, SETTING PUBLIC HEARING FOR JUNE 19, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 437 SOUTH GOVERNOR STREET; RES. 12 -270, SETTING PUBLIC HEARING FOR JUNE 19, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 702 GIBLIN DRIVE; RES. 12 -271, SETTING A PUBLIC HEARING ON JUNE19, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2012 MUSCATINE AVENUE WATER MAIN IMPROVEMENTS PROJECT, 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 -272, SETTING A PUBLIC HEARING ON JUNE 19, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHWAY 1 TRAIL PROJECT - ORCHARD STREET TO SUNSET STREET, 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 -273, SETTING A PUBLIC HEARING ON JUNE 19, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PUBLIC WORKS COMPLEX — WARM STORAGE BUILDING PROJECT, 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 -274, SETTING A PUBLIC HEARING ON JUNE 19, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE U.S. HIGHWAY 6 AND SYCAMORE STREET INTERSECTION IMPROVEMENT PROJECT, DIRECTING CITY CLERK TO Official Actions June 5, 2012 Page 3 PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Correspondence: Asst. Transportation Planner regarding Installation of (2) NO PARKING HERE TO CORNER signs at the southwest and northeast corners of the Lucas Street / Iowa Avenue intersection; Traffic Engineering Planner regarding Removal of NO PARKING ANY TIME signs on the west side of Union Place, south of the alley; Traffic Engineering Planner regarding Installation of NO PARKING ANY TIME signs on the west side of Hickory Court; Traffic Engineering Planner regarding Installation of NO PARKING ANY TIME signs on one side of selected Peninsula Neighborhood streets. Installation of NO PARKING HERE TO CORNER sign and NO PARKING CORNER TO HERE signs immediately preceding and proceeding the Swisher Street curve; Traffic Engineering Planner regarding Conversion of existing on- street metered parking space 431S to a DISABLED PERSONS ONLY parking space on the northwest corner of the intersection of Capitol Street and Harrison Street; Phyllis Pinzon regarding (open) Burning; Brian Richman regarding Municipal Procurement Questions [Staff response included]; Tony Barino (x3) regarding Trillionaire Communications; Cindy Roberts regarding City Bus and Rider Behavior Concerns; James Dreier regarding Concerns about who hauls our garbage [Staff response included]; Kurt Kimmerling regarding Flood White Paper; Sara Rynes- Weller regarding An interesting article about how to run a city when funds are tight; Pastor Robert Dotzel and the Executive Committee of the Consultation of Religious Communities regarding Sanctuary City Committee proposed resolution; Steve Cooper regarding Towncrest Area; Jean Walker regarding 711 Melrose Response; Pastor Dorothy Whiston, re. Coalition for Racial Justice: Ad Hoc Committee On Racial Diversity. The following individuals appeared regarding passage of a resolution regarding safety and status of immigrants [Consent Calendar # 4f(13)]: Pastor Robert Dotzel, Gloria Dei Lutheran Church; Pastor Karla Stoltzfus Detweiler, First Mennonite Church; Pastor Sam Massey, First Presbyterian Church; Irund "Sergio" A -Wan, Immigrant Voice Project; Shams Ghoneom, Mosque Executive Committee ; Pastor Dorothy Whiston, First Baptist Church; and Fr. Rudolph Juarez, St. Patrick's Catholic Church. K.T. Labadie, 708 Woodside Dr., presented information re [-CLUCK (Iowa City Citizens for the Legalization of Backyard Chicken Keeping). Moved and seconded to accept correspondence from Ms. Labadie. Charlie Eastham, 37 Colwyn Court, invited Council and the public to a community forum "Trauma and the Human Side of Racial Disparity" on June 14. Moved and seconded to set a public hearing for June 19 on an ordinance vacating air rights within the public right -of -way located adjacent to the property at 114 South Dubuque Street, Iowa City, Iowa (VAC12- 00003). Moved and seconded to set a set a public hearing for June 19 on an ordinance conditionally rezoning approximately 4.29 acres of land located on Walden Road, west of Mormon Trek Boulevard from Medium Density Single Family Residential (RS -8) Zone to High Density Single Family Residential (RS -12) Zone (REZ09- 00003). A public hearing was held on an ordinance rezoning approximately 1.3 acres of land located south of Harrison Street between Clinton and Dubuque Streets from Public (P- 1) to Institutional Public /Central Business Service (P- 2/CB -2) (REZ12- 00007). Dan Black, Director of Facilities for Midwest One Bank, appeared. Official Actions June 5, 2012 Page 4 Moved and seconded that the ordinance rezoning approximately 1.3 acres of land located south of Harrison Street between Clinton and Dubuque Streets from Public (P- 1) to Institutional Public /Central Business Service (P- 2/CB -2) (REZ12- 00007), be given first vote. Moved and seconded to adopt RES. 12 -275, APPROVING FINAL PLAT OF FIRST AMERICAN BANK SECOND ADDITION, IOWA CITY, IOWA. (SUB012- 00007). Moved and seconded to send a letter to the Johnson County Board of Adjustment recommending approval of a conditional use permit for a temporary, portable concrete batch plant to be located at 5085 Herbert Hoover Highway NE, Johnson County (CU12- 00001). Moved and seconded to adopt RES. 12 -276, DETERMINING THE NEED FOR STREET ACCESS ACROSS PROPERTY OWNED BY NCS PEARSON, INC AT 2510 NORTH DODGE STREET TO PROVIDE FOR THE ORDERLY GROWTH OF THE CITY TO THE WEST. Steve Gage, R &R Realty, appeared. A public hearing was held on a resolution of conveyance of utility easements on and over portions of 1807 and 2001 Lower Muscatine Road. Moved and seconded to adopt RES. 12 -277, AUTHORIZING THE CONVEYANCE OF UTILITY EASEMENTS ON AND OVER PORTIONS OF 1807 AND 2001 LOWER MUSCATINE ROAD. The Mayor declared the resolution adopted, 6/0/1, with Payne abstaining due to a conflict of interest. A public hearing was held on a resolution of conveyance of a single family home located at 332 South Governor Street. Phillip Gander appeared. Moved and seconded to adopt RES. 12 -278, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 332 SOUTH GOVERNOR STREET. A public hearing was held on a resolution approving conveyance of a single family home located at 928 Longfellow Court. Moved and seconded to adopt RES. 12 -279, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 928 LONGFELLOW COURT. A public hearing was held on a resolution authorizing plans, specifications, form of contract, and estimate of cost for the construction of the J Street & Sycamore View Water Main - Southeast Junior High Sanitary Sewer 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 -280, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE J STREET & SYCAMORE VIEW WATER MAIN - SOUTHEAST JUNIOR HIGH SANITARY SEWER 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 authorizing conveyance of property known as the Peninsula Neighborhood, Fourth Addition, in Iowa City, Iowa, to Peninsula Development Company. Moved and seconded to adopt RES. 12 -281, AUTHORIZING THE CONVEYANCE OF PROPERTY KNOWN AS THE PENINSULA NEIGHBORHOOD, FOURTH ADDITION, IN IOWA CITY, IOWA, TO PENINSULA DEVELOPMENT COMPANY. Official Actions June 5, 2012 Page 5 Moved and seconded to adopt RES. 12 -282, ADOPTING SCHEDULE OF MEMBERSHIP AND PARKING FEES FOR THE SENIOR CENTER AND RESCINDING RESOLUTION NO. 03 -140. Senior Center Commissioner Jay Honohan present for discussion Moved and seconded to adopt RES. 12 -283, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A GRANT AGREEMENT WITH JOHNSON COUNTY FOR FUNDS TO SUPPORT THE IOWA CITY /JOHNSON COUNTY SENIOR CENTER. The Mayor declared the resolution approved, 6/1, with the following division of roll call vote: Ayes: Hayek, Mims, Payne, Throgmorton, Dickens, Dobyns. Nays: Champion. Moved and seconded to approve a tax exemption certificate authorizing and providing for the issuance of $9,070,000 General Obligation Bonds, Series 2012A, and levying a tax to pay said bonds. Moved and seconded to approve a Continuing Disclosure Certificate authorizing and providing for the issuance of $9,070,000 General Obligation Bonds, Series 2012A, and levying a tax to pay said bonds. Moved and seconded to adopt RES. 12 -284, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $9,070,000 GENERAL OBLIGATION BONDS, SERIES 2012A, AND LEVYING A TAX TO PAY SAID BONDS. Moved and seconded to approve a Continuing Disclosure Certificate for authorizing and providing for the issuance of $620,000 Taxable General Obligation Bonds, Series 2012B, and levying a tax to pay said bonds. Moved and seconded to adopt RES. 12 -285, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $620,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012B, AND LEVYING A TAX TO PAY SAID BONDS. Moved and seconded to approve a Tax Exemption Certificate for authorizing and providing for the issuance and securing the payment of $4,950,000 Water Revenue Refunding Bonds, Series 2012C, of the City of Iowa City, State of Iowa, under the provisions of the City Code of Iowa, and providing for a method of payment of the bonds. Moved and seconded to approve a Continuing Disclosure Certificate authorizing and providing for the issuance and securing the payment of $4,950,000 Water Revenue Refunding Bonds, Series 2012C, of the City of Iowa City, State of Iowa, under the provisions of the City Code of Iowa, and providing for a method of payment of the bonds. Moved and seconded to adopt RES. 12 -286, AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $4,950,000 WATER REVENUE REFUNDING BONDS, SERIES 2012C, OF THE CITY OF IOWA CITY, STATE OF IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF THE BONDS. Moved and seconded to adopt RES. 12 -287, AWARDING CONTRACT to City Construction Group for $212,150.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FIRE AND POLICE INTERIOR REMODELING PROJECTS 2012. Moved and seconded to adopt RES. 12 -288, AMENDING THE BUDGETED POSTIONS IN THE HOUSING AND INSPECTION DEPARTMENT AND THE AFSCME Official Actions June 5, 2012 Page 6 PAY PLAN BY RECLASSIFYING THE HOUSING INSPECTOR POSITIONS, AFSCME GRADE 10, TO BUILDING INSPECTOR POSITIONS, AFSCME GRADE 12, AND ELIMINATING THE POSITION OF HOUSING /DEVELOPMENT REGULATION INSPECTOR, AFSCME GRADE 12. Moved and seconded to adopt RES. 12 -289, AMENDING THE BUDGETED POSITIONS IN THE HOUSING AUTHORITY OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT BY ELIMINATING ONE FULL -TIME HOUSING PROGRAM ASSISTANT POSITION. The Mayor noted the previous vacancies on Boards and Commissions: Board of Library Trustees for an unexpired term, effective upon appointment, ending June 30, 2013. Applications must be received by 5:00 p.m., Wednesday, June 13, 2012. Housing and Community Development Commission for three vacancies for three -year terms September 1, 2012 — September 1, 2015; Police Citizens Review Board for two vacancies for four -year terms September 1, 2012 — September 1, 2016. Applications must be received by 5:00 p.m., Wednesday, June 27, 2012. The Mayor noted the current vacancy: Human Rights Commission for an unexpired term, effective upon appointment, ending January 1, 2014. Applications must be received by 5:00 p.m., Wednesday, July 25, 2012. Moved and seconded to appoint Shannon Gassman to the Historic Preservation Commission for an unexpired term, effective upon appointment, ending March 29, 2013; and Jessie Harper to the Human Rights Commission for an unexpired term, effective upon appointment, ending January 1, 2015. The Mayor noted that no applications were received for the following vacancies and all will be re- advertised: 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. (Term expires for Dennis Keitel); 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); Youth Advisory Commission for a two -year term (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) January 1, 2011 — December 31, 2012 For Tate High. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Moved and seconded to adjourn meeting at 9:15 p.m. A more complete description of Council Activities and disbursements is on file in the office of the City Clerk and Finance Department. s /Matthew J. Hayek, Mayor s/M rian K. Karr, �y Clerk SubmItted for publication — 6/13/12. 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 JUNE 5, 2012 Iowa City City Council special meeting, 5:00 p.m. at City Hall. Mayor Matt Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. Staff members present: Fruin, Dulek, Karr, Long, Howard, Davidson, Boothroy, Yapp. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Champion, seconded by Dickens, 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 5:01 p.m. Council returned to open session 5:25 p.m. Moved by Mims, seconded by Dobyns, to adjourn special meeting 5:25 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 JUNE 5, 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, Bentley, Dulek, Karr, Rocca, Fosse, O'Malley, Goers, Kopping, Davidson, Morris, Boothroy, Boelk„ Havel, Long. The Mayor proclaimed Pride Month — June, Bridget Malone accepting. An update and power point presentation of the Landfill Fire was given by Fire Chief Rocca, Public Work Dir. Fosse, and Johnson County Health Dept. Dir. Doug Beardsley. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Payne, 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: May 15 Council Work Session; May 15 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 — April 19; Board of Adjustment — March 28; Board of Adjustment — April 11; Historic Preservation Commission —April 12; Housing & Community Development Commission — April 19; Human Rights Commission — April 17. Permit Motions and Resolutions as Recommended by the City Clerk. (New): Class C Liquor License for ARAMARK Corporation, dba ARAMARK @ACT, 500 ACT Drive; Special Class C Liquor License for Mexico Waynes, LLC., dba Mexico Waynes, 521 Westbury Drive; Outdoor Service Area for Mexico Waynes, LLC., dba Mexico Waynes, 521 Westbury Drive; Class B Beer Permit for Maria Gonzalez dba Taqueria Acapulco, 1937 Keokuk St.; Five -Day Special Class C Liquor Licenses for Prairie Lights Books, Inc., dba The Times Club at Prairie Lights, 26 E. Market St.(lowa Summer Writing Festival June 14; 21; 28 and July 12; 19; 26.); Class C Liquor License for Cactus Mexican Grill & Cantina, LLC., dba Cactus Mexican Grill & Cantina, 245 S. Gilbert St.; Outdoor Service Area for Cactus Mexican Grill & Cantina, LLC., dba Cactus Mexican Grill & Cantina, 245 S. Gilbert St. (Renewal): Class C Liquor License for Jimmy Jack Mac, Inc., dba Basta, 121 Iowa Ave.; Class C Liquor License for Weekes -Van Eck Post #3949 Veterans of Foreign Wars, dba Weekes -Van Eck Post #3949 Veterans of Foreign Wars, 609 Highway 6 East; Class C Liquor License for GFP, Inc. dba Wig & Pen Pizza Pub, 1220 Highway 6 West; Outdoor Service Area for GFP, Inc., dba Wig & Pen Pizza Pub, 1220 Highway 6 West; Class B Beer Permit for NPC International, Inc., dba Pizza Hut #4358, 1926 Keokuk St.; Class C Beer Permit for Kwik Trip, Inc., dba Tobacco Outlet Plus #537, 923 S. Riverside Dr.; Class E Liquor License for The Outlet, Inc. dba Cigarette Outlet #18, 1901 Broadway St.; Class E Liquor License for Iowa CVS Pharmacy, LLC, dba CVS Pharmacy #8547, 2425 Muscatine Ave. Resolutions and Motions: RES. 12 -262, CONCERNING MEDIACOM COMMUNICATIONS CORPORATION'S 2012 UPDATING OF RATES FOR BASIC CABLE SERVICES; Approve disbursements in the amount of $9,764,040.39 for the Complete Description June 5, 2012 Page 2 period of April 1 through April 30, 2012, as recommended by the Finance Director subject to audit; RES. 12 -263, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 1115 ROCHESTER AVENUE, IOWA CITY, IOWA; RES. 12 -264, ACCEPTING THE WORK FOR THE FY2011 ASPHALT RESURFACING PROJECT; RES. 12 -265, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT #1 TO THE OCTOBER 6, 2009 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R GREEN COMPANY (H.R. GREEN) TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA RIVER WATER MAIN CROSSINGS PROJECT; RES. 12 -266, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA HEALTH SYSTEM AND BROADBAND, INC., TO USE CERTAIN PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK; RES. 12 -267, APPROVING THE RELEASE OF A TILE AND DRAINAGE EASEMENT AND THE ESTABLISHMENT OF A MINIMUM LOW OPENING ON LOT 99 OF VILLAGE GREEN -PART 23 AND THE DEDICATION OF A REPLACEMENT DRAINAGE EASEMENT ON LOT 105 OF VILLAGE GREEN -PART 24. Setting Public Hearings: RES. 12 -268, SETTING PUBLIC HEARING FOR JUNE 19, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 648 SOUTH LUCAS STREET; RES. 12 -269, SETTING PUBLIC HEARING FOR JUNE 19, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 437 SOUTH GOVERNOR STREET; RES. 12 -270, SETTING PUBLIC HEARING FOR JUNE 19, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 702 GIBLIN DRIVE; RES. 12 -271, SETTING A PUBLIC HEARING ON JUNE19, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2012 MUSCATINE AVENUE WATER MAIN IMPROVEMENTS PROJECT, 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 -272, SETTING A PUBLIC HEARING ON JUNE 19, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHWAY 1 TRAIL PROJECT - ORCHARD STREET TO SUNSET STREET, 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 -273, SETTING A PUBLIC HEARING ON JUNE 19, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PUBLIC WORKS COMPLEX — WARM STORAGE BUILDING PROJECT, 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 -274, SETTING A PUBLIC HEARING ON JUNE 19, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE U.S. HIGHWAY 6 AND SYCAMORE STREET INTERSECTION IMPROVEMENT PROJECT, DIRECTING CITY CLERK TO Complete Description June 5, 2012 Page 3 PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Correspondence: Asst. Transportation Planner regarding Installation of (2) NO PARKING HERE TO CORNER signs at the southwest and northeast corners of the Lucas Street / Iowa Avenue intersection; Traffic Engineering Planner regarding Removal of NO PARKING ANY TIME signs on the west side of Union Place, south of the alley; Traffic Engineering Planner regarding Installation of NO PARKING ANY TIME signs on the west side of Hickory Court; Traffic Engineering Planner regarding Installation of NO PARKING ANY TIME signs on. one side of selected Peninsula Neighborhood streets. Installation of NO PARKING HERE TO CORNER sign and NO PARKING CORNER TO HERE signs immediately preceding and proceeding the Swisher Street curve; Traffic Engineering Planner regarding Conversion of existing on- street metered parking space 431S to a DISABLED PERSONS ONLY parking space on the northwest corner of the intersection of Capitol Street and Harrison Street; Phyllis Pinzon regarding (open) Burning; Brian Richman regarding Municipal Procurement Questions [Staff response included]; Tony Barino (x3) regarding Trillionaire Communications; Cindy Roberts regarding City Bus and Rider Behavior Concerns; James Dreier regarding Concerns about who hauls our garbage [Staff response included]; Kurt Kimmerling regarding Flood White Paper; Sara Rynes- Weller regarding An interesting article about how to run a city when funds are tight; Pastor Robert Dotzel and the Executive Committee of the Consultation of Religious Communities regarding Sanctuary City Committee proposed resolution; Steve Cooper regarding Towncrest Area; Jean Walker regarding 711 Melrose Response; Pastor Dorothy Whiston, re. Coalition for Racial Justice: Ad Hoc Committee On Racial Diversity. The following individuals appeared regarding passage of a resolution regarding safety and status of immigrants [Consent Calendar # 4f(13)]: Pastor Robert Dotzel, Gloria Dei Lutheran Church; Pastor Karla Stoltzfus Detweiler, First Mennonite Church; Pastor Sam Massey, First Presbyterian Church; Irund "Sergio" A -Wan, Immigrant Voice Project; Shams Ghoneom, Mosque Executive Committee ; Pastor Dorothy Whiston, First Baptist Church; and Fr. Rudolph Juarez, St. Patrick's Catholic Church. K.T. Labadie, 708 Woodside Dr., presented information re I -CLUCK (Iowa City Citizens for the Legalization of Backyard Chicken Keeping). Moved by Mims, seconded by Payne, to accept correspondence from Ms. Labadie. Charlie Eastham, 37 Colwyn Court, invited Council and the public to a community forum "Trauma and the Human Side of Racial Disparity" on June 14. Moved by Mims, seconded by Dickens, to set a public hearing for June 19 on an ordinance vacating air rights within the public right -of -way located adjacent to the property at 114 South Dubuque Street, Iowa City, Iowa (VAC12- 00003). Moved by Payne, seconded by Dobyns, to set a set a public hearing for June 19 on an ordinance conditionally rezoning approximately 4.29 acres of land located on Walden Road, west of Mormon Trek Boulevard from Medium Density Single Family Residential (RS -8) Zone to High Density Single Family Residential (RS -12) Zone (REZ09- 00003). A public hearing was held on an ordinance rezoning approximately 1.3 acres of land located south of Harrison Street between Clinton and Dubuque Streets from Public (P- 1) to Institutional Public /Central Business Service (P- 2/CB -2) (REZ12- 00007). The Mayor asked Council Members to disclose any ex parte discussions and none were Complete Description June 5, 2012 Page 4 reported. PCD Dir. Davidson present power point. Dan Black, Director of Facilities for Midwest One Bank, appeared. Moved by Dobyns, seconded by Payne, that the ordinance rezoning approximately 1.3 acres of land located south of Harrison Street between Clinton and Dubuque Streets from Public (P -1) to Institutional Public /Central Business Service (P- 2 /CB -2) (REZ12- 00007), be given first vote. Individual Council Members expressed their views. Moved by Payne, seconded by Dickens, to adopt RES. 12 -275, APPROVING FINAL PLAT OF FIRST AMERICAN BANK SECOND ADDITION, IOWA CITY, IOWA. (SUB012- 00007). Moved by Mims, seconded by Throgmorton, to send a letter to the Johnson County Board of Adjustment recommending approval of a conditional use permit for a temporary, portable concrete batch plant to be located at 5085 Herbert Hoover Highway NE, Johnson County (CU12- 00001). PCD Dir. Davidson present for discussion. Moved by Mims, seconded by Dickens, to adopt RES. 12 -276, DETERMINING THE NEED FOR STREET ACCESS ACROSS PROPERTY OWNED BY NCS PEARSON, INC AT 2510 NORTH DODGE STREET TO PROVIDE FOR THE ORDERLY GROWTH OF THE CITY TO THE WEST. PCD Dir. Davidson present for discussion. Steve Gage, R &R Realty, appeared. Individual Council Members expressed their views. A public hearing was held on a resolution of conveyance of utility easements on and over portions of 1807 and 2001 Lower Muscatine Road. No one appeared. Moved by Mims, seconded by Dickens, to adopt RES. 12 -277, AUTHORIZING THE CONVEYANCE OF UTILITY EASEMENTS ON AND OVER PORTIONS OF 1807 AND 2001 LOWER MUSCATINE ROAD. The Mayor declared the resolution adopted, 6/0/1, with Payne abstaining due to a conflict of interest. A public hearing was held on a resolution of conveyance of a single family home located at 332 South Governor Street. Phillip Gander appeared. Moved by Mims, seconded by Dobyns, to adopt RES. 12 -278, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 332 SOUTH GOVERNOR STREET. A public hearing was held on a resolution approving conveyance of a single family home located at 928 Longfellow Court. No one appeared. Moved by Champion, seconded by Payne, to adopt RES. 12 -279, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 928 LONGFELLOW COURT. A public hearing was held on a resolution authorizing plans, specifications, form of contract, and estimate of cost for the construction of the J Street & Sycamore View Water Main - Southeast Junior High Sanitary Sewer 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 -280, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE J STREET & SYCAMORE VIEW WATER MAIN - SOUTHEAST JUNIOR HIGH SANITARY SEWER 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. Complete Description June 5, 2012 Page 5 A public hearing was held on a resolution authorizing conveyance of property known as the Peninsula Neighborhood, Fourth Addition, in Iowa City, Iowa, to Peninsula Development Company. No one appeared. Moved by Mims, seconded by Dickens, to adopt RES. 12 -281, AUTHORIZING THE CONVEYANCE OF PROPERTY KNOWN AS THE PENINSULA NEIGHBORHOOD, FOURTH ADDITION, IN IOWA CITY, IOWA, TO PENINSULA DEVELOPMENT COMPANY. Moved by Mims, seconded by Throgmorton, to adopt RES. 12 -282, ADOPTING SCHEDULE OF MEMBERSHIP AND PARKING FEES FOR THE SENIOR CENTER AND RESCINDING RESOLUTION NO. 03 -140. Senior Center Commissioner Jay Honohan and Senior Center Coordinator Kopping present for discussion. Individual Council Members expressed their views. Moved by Mims, seconded by Payne, to adopt RES. 12 -283, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A GRANT AGREEMENT WITH JOHNSON COUNTY FOR FUNDS TO SUPPORT THE IOWA CITY /JOHNSON COUNTY SENIOR CENTER. Individual Council Members expressed their views. The Mayor declared the resolution approved, 6/1, with the following division of roll call vote: Ayes: Hayek, Mims, Payne, Throgmorton, Dickens, Dobyns. Nays: Champion. Moved by Mims, seconded by Dickens, to approve a tax exemption certificate authorizing and providing for the issuance of $9,070,000 General Obligation Bonds, Series 2012A, and levying a tax to pay said bonds. Moved by Mims, seconded by Payne, to approve a Continuing Disclosure Certificate authorizing and providing for the issuance of $9,070,000 General Obligation Bonds, Series 2012A, and levying a tax to pay said bonds. Moved by Mims, seconded by Dickens, to adopt RES. 12 -284, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $9,070,000 GENERAL OBLIGATION BONDS, SERIES 2012A, AND LEVYING A TAX TO PAY SAID BONDS. Moved by Champion, seconded by Payne, to approve a Continuing Disclosure Certificate for authorizing and providing for the issuance of $620,000 Taxable General Obligation Bonds, Series 2012B, and levying a tax to pay said bonds. Moved by Dickens, seconded by Dobyns, to adopt RES. 12 -285, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $620,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 20128, AND LEVYING A TAX TO PAY SAID BONDS. Moved by Payne, seconded by Mims, to approve a Tax Exemption Certificate for authorizing and providing for the issuance and securing the payment of $4,950,000 Water Revenue Refunding Bonds, Series 2012C, of the City of Iowa City, State of Iowa, under the provisions of the City Code of Iowa, and providing for a method of payment of the bonds. Moved by Dobyns, seconded by Throgmorton, to approve a Continuing Disclosure Certificate authorizing and providing for the issuance and securing the payment of $4,950,000 Water Revenue Refunding Bonds, Series 2012C, of the City of Iowa City, State of Iowa, under the provisions of the City Code of Iowa, and providing for a method of payment of the bonds. Moved by Payne, seconded by Dickens, to adopt RES. 12 -286, AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $4,950,000 WATER REVENUE REFUNDING BONDS, SERIES 2012C, OF THE CITY Complete Description June 5, 2012 Page 6 OF IOWA CITY, STATE OF IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF THE BONDS. Moved by Dobyns, seconded by Mims, to adopt RES. 12 -287, AWARDING CONTRACT to City Construction Group for $212,150.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FIRE AND POLICE INTERIOR REMODELING PROJECTS 2012. Moved by Mims, seconded by Payne, to adopt RES. 12 -288, AMENDING THE BUDGETED POSTIONS IN THE HOUSING AND INSPECTION DEPARTMENT AND THE AFSCME PAY PLAN BY RECLASSIFYING THE HOUSING INSPECTOR POSITIONS, AFSCME GRADE 10, TO BUILDING INSPECTOR POSITIONS, AFSCME GRADE 12, AND ELIMINATING THE POSITION OF HOUSING /DEVELOPMENT REGULATION INSPECTOR, AFSCME GRADE 12. Housing & Inspection Services Dir. Boothroy Present for discussion. Moved by Champion, seconded by Payne, to adopt RES. 12 -289, AMENDING THE BUDGETED POSITIONS IN THE HOUSING AUTHORITY OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT BY ELIMINATING ONE FULL -TIME HOUSING PROGRAM ASSISTANT POSITION. The Mayor noted the previous vacancies on Boards and Commissions: Board of Library Trustees for an unexpired term, effective upon appointment, ending June 30, 2013. Applications must be received by 5:00 p.m., Wednesday, June 13, 2012. Housing and Community Development Commission for three vacancies for three -year terms September 1, 2012 — September 1, 2015; Police Citizens Review Board for two vacancies for four -year terms September 1, 2012 — September 1, 2016. Applications must be received by 5:00 p.m., Wednesday, June 27, 2012. The Mayor noted the current vacancy: Human Rights Commission for an unexpired term, effective upon appointment, ending January 1, 2014. Applications must be received by 5:00 p.m., Wednesday, July 25, 2012. Moved by Mims, seconded by Dickens, to appoint Shannon Gassman to the Historic Preservation Commission for an unexpired term, effective upon appointment, ending March 29, 2013; and Jessie Harper to the Human Rights Commission for an unexpired term, effective upon appointment, ending January 1, 2015. The Mayor noted that no applications were received for the following vacancies and all will be re- advertised: 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. (Term expires for Dennis Keitel); 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); Youth Advisory Commission for a two -year term (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) January 1, 2011 — December 31, 2012 For Tate High. . Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six Complete Description June 5, 2012 Page 7 publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council Member Dickens thanked the volunteers and everyone who attended the Arts Fest the past week -end, noting the crowds and weather was fantastic. Mayor Pro tem Mims noted the letter from the University of Iowa supporting the UniverCity Neighborhood Partnership program, and thanked the University for their continued support of the program; and thanked everyone for their assistance with the Landfill fire. Council Member Throgmorton stated he welcomed Dean Greg Crawford from the University of Notre Dame who is biking across the country to draw attention to certain rare diseases and needed research; and wished Gary Sanders a Happy 65th Birthday. Mayor Hayek echoed comments re a job well done with the Landfill fire and the Arts Fest. City Manager Markus acknowledged the efforts of Asst. City Manager Fruin and Adm. Asst. Bentley in his absence with the Landfill fire; and stated the Arts Fest and weather were wonderful. Moved by Mims, seconded by Payne, to adjourn meeting at 9:15 p.m. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk