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HomeMy WebLinkAbout2012-08-21 Council minutes( *Revised 9/17/12) 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 AUGUST 21, 2012 Iowa City City Council regular meeting, 7:00 p.m. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. Staff members present: Markus, Fruin, Bentley, Dilkes, Karr, Davidson, Fosse, O'Brien, Moran, Hargadine, Knoche, Tharp, Boothroy, Sandberg, Scott, Andrew. The Mayor proclaimed Mercy Hospital Guild 50th Anniversary — 2012. Ron Reed, President and CEO and Carly Ambrisco, Mercy Guild President accepting. *Unless otherwise noted, all actions were affirmative and unanimous. Moved by Champion, seconded by Payne that the items and recommendations in the Consent Calendar be approved and /or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: July 31 Council Work Session; July 31 Special Council Formal Official & Complete (x2); August 13 Special Council Formal Official & Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Airport Commission — June 21; Historic Preservation Commission — May 10; Historic Preservation Commission — June 14; Historic Preservation Commission — July 12; Planning & Zoning Commission — July 19; Senior Center Commission — May 17. Permit Motions and Resolutions as Recommended by the City Clerk. (New): Class C Liquor License for Micky's, LLC, dba Micky's Irish Pub, 11 S. Dubuque St.; Outdoor Service Area for Micky's, LLC, dba Micky's Irish Pub, 11 S. Dubuque St.; Five -Day Class B Beer Permit for Iowa City Fall Fun Festival, Inc., dba Fall Fun Festival Tent A, 2140 Rochester Ave. (8/31/12 — 9/4/12); Five -Day Class B Beer Permit for Iowa City Fall Fun Festival, Inc., dba Fall Fun Festival Tent B, 2140 Rochester Ave. (8/31/12 — 9/4/12); Outdoor Service Area Permit for Iowa City Fall Fun Festival, Inc., dba Fall Fun Festival, 2140 Rochester Ave. (Renewal) Class C Liquor License for Chackalackal, Inc., dba One Twenty Six, 126 E. Washington St.; Class C Liquor License for Jaxco, LLC, dba BlackStone, 503 Westbury Dr. Suite 1.; Class C Liquor License for George's Buffet, Inc., dba George's Buffet, 321 E. Market St.; Class C Liquor License for Eckhardt Management dba 2 Dogs Pub, 1700 S. First Ave. Suite Q; Class C Liquor License for Etre Restaurant Group, LLC, dba Takanami, 219 Iowa Ave.; Class C Beer Permit for IC Pit Stop, LLC, dba I.C. Pit Stop, 300 Kirkwood Ave.; Class C Beer Permit for New Pioneer Cooperative Society dba New Pioneer Co Op Fresh Food Market, 22 S. Van Buren St.; Class C Liquor License for Hall Place Ventures, Corp., dba Airliner Bar, 22 S. Clinton St.; Outdoor Service Area for Hall Place Ventures, Corp., dba Airliner Bar, 22 S. Clinton St.; Class C Liquor License for Cream, LLC, dba The Union Bar, 121 E. College St.; RES. 12 -366, TO ISSUE DANCING PERMIT to Iowa City Fall Fun Festival, Inc., dba Fall Fun Festival, 2140 Rochester Ave.; Class C Liquor License for Atlas World Grill, Inc., dba Atlas World Grill, 127 Iowa Ave. Resolutions and Motions: RES. 12 -367, ABOLISHING THE YOUTH ADVISORY COMMISSION FOR THE CITY OF IOWA CITY, IOWA, AND REPEALING RESOLUTION NO. 05 -371; RES. 12 -368, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A LEASE AGREEMENT WITH BURLINGTON TRAILWAYS FOR COURT STREET TRANSPORTATION CENTER SPACE; RES. 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 AUGUST 21, 2012 Iowa City City Council regular meeting, 7:00 p.m. Mayor Hayek pfesiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Pa)lne, Throgmorton. Absent: None. tall members present: Markus, Fruin, Bentley, ilkes, Karr, Davidson, Fosse, O'Brien, oran, Hargadine, Knoche, Tharp, Boothroy, ndberg, Scott, Andrew. The Mayor pro laimed Mercy Hospital Guild 50t' At ry — 2012. Ron Reed, President and CEO nd Carly Ambrisco, Mercy Guild Presi�16nt accepting. Moved by Champi , seconded by Payne that the ite and recommendations in the Consent Calendar b approved and /or adopted as ended: Approval of Counc Actions, subject to correct[ S. as recommended by the City Clerk: July 31 Council ork Session; July 31 Sp cial Council Formal Official & Complete (x2); August 13 pecial Council For I Official & Complete. Receive and File Minute of Boards and C mmissions (any recommendations contained in minutes become ffective only on separate Council action): Airport Commission — June 21; Histori reservati n Commission —May 10; Historic Preservation Commission — June 14; His ric Preservation Commission — July 12; Planning & Zoning Commission — ly ; Senior Center Commission — May 17. Permit Motions and Resolutions Recommended by the City Clerk. (New): Class C Liquor License for i y's, LLC, dba Micky's Irish Pub, 11 S. Dubuque St.; Outdoor Service Ar for icky's, LLC, dba Micky's Irish Pub, 11 S. Dubuque St.; Five -Day Class B eer Per it for Iowa City Fall Fun Festival, Inc., dba Fall Fun Festival Tent A, 214 ochester A e. (8/31/12 — 9/4/12); Five -Day Class B Beer Permit for Iowa City F Fun Festival, 1 c., dba Fall Fun Festival Tent B, 2140 Rochester Ave. (8/31/12 /4/12); Outdoor S ice Area Permit for Iowa City Fall Fun Festival, Inc., dba F II Fun Festival, 2140 chester Ave. (Renewal) Class C Liquor License for Ch kalackal, Inc., dba One enty Six, 126 E. Washington St.; Class C Liquor Lice a for Jaxco, LLC, dba Black one, 503 Westbury Dr. Suite 1.; Class C Liquor Lic nse for George's Buffet, Inc., db George's Buffet, 321 E. Market St.; Class C Liq r License for Eckhardt Managemen dba 2 Dogs Pub, 1700S. First Ave. Suite ; Class C Liquor License for Etre Res urant Group, LLC, dba Takanami, 21 Iowa Ave.; Class C Beer Permit for IC Pi Stop, LLC, dba I.C. Pit Stop, 300 Ki wood Ave.; Class C Beer Permit for New Pi neer Cooperative Society dba New P' neer Co Op Fresh Food Market, 22 S. Van Bu n St.; Class C Liquor License f r Hall Place Ventures, Corp., dba Airliner Bar, 22 Clinton St.; Outdoor Service rea for Hall Place Ventures, Corp., dba Airliner Bar, 2 S. Clinton St.; Class Liquor License for Cream, LLC, dba The Union Bar, 1 1 E. College St.; RES. 2 -366, TO ISSUE DANCING PERMIT to Iowa City Fall F n Festival, Inc., dba Fall un Festival, 2140 Rochester Ave.; Class C Liquor License f Atlas World Grill, Inc , dba Atlas World Grill, 127 Iowa Ave. Resolutions and Motions: RES. 12 -367, ABOLISHING THE YO TH ADVISORY C MMISSION FOR THE CITY OF IOWA CITY, IOWA, AND REPEA ING SOLUTION NO. 05 -371; RES. 12 -368, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A LEASE AGREEMENT WITH BURLINGTON TRAILWAYS FOR COURT STREET TRANSPORTATION CENTER SPACE; RES. Complete Description August 21, 2012 Page 2 12 -369, ACCEPTING THE WORK FOR THE FY2011 ELEVATOR MODERNIZATION PROJECT; RES. 12 -370, ACCEPTING THE WORK FOR THE NORTH MARKET SQUARE PARK PAVILION PROJECT; RES. 12 -371, ACCEPTING THE WORK FOR THE SANITARY SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR MACKINAW VILLAGE - PART FOUR, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 12 -372, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT #1 TO THE MARCH 20, 2007 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND VJ ENGINEERING TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE FIRST AVE. GRADE SEPARATION PROJECT; RES. 12 -373, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND AECOM OF WATERLOO, IA TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DUBUQUE STREET / 1 -80 PEDESTRIAN BRIDGE PROJECT; RES. 12 -374, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND H.R. GREEN, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE LANDFILL FY09 CELL RECONSTRUCTION PROJECT; RES. 12 -375, REPEALING RES. 12 -156 AND AMENDING THE POLICY FOR DISTRIBUTION OF ELECTRONIC PACKETS; COUNCIL MEMBER USE OF CITY IPAD, AND REIMBURSEMENT 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 AND ESTABLISHING A POLICY FOR ELIGIBILITY FOR REIMBURSEMENT ONCE EVERY FOUR YEARS; RES. 12 -376, APPROVING EXECUTION OF CHANGE ORDERS BETWEEN THE CITY OF IOWA CITY AND BRACKE, HAYES, MILLER, MAHON ARCHITECTS LLP TO PROVIDE CONSULTANT SERVICES EXTENDING AN ORIGINAL CONTRACT TO PROVIDE SERVICES FOR THE ABATEMENT OF ASBESTOS & HAZARDOUS MATERIALS AT FLOOD BUYOUT PROPERTIES; RES. 12 -377, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WEST LIBERTY TELEPHONE COMPANY TO USE CERTAIN PUBLIC RIGHTS - OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK; RES. 12 -378, ACCEPTING THE WORK FOR THE 2012 WATER MAIN DIRECTIONAL BORING PROJECT; RES. 12 -379, ACCEPTING A WAIVER OF RIGHT TO HEARING AND PAYMENT OF A $300 CIVIL PENALTY FROM TOBACCO OUTLET PLUS #537; RES. 12 -380, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 18 IDYLLWILD COURT, IOWA CITY, IOWA; RES. 12 -381, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTY LOCATED AT 1830 HIGH STREET, IOWA CITY, IOWA; RES. 12 -382, AUTHORIZING THE MAYOR Complete Description August 21, 2012 Page 3 TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, CORALVILLE, IOWA FOR PROPERTIES LOCATED AT 3317 JAMIE LANE, 1740 DOVER, 109 SHRADER ROAD, AND 1424 PRAIRIE DU CHIEN ROAD, IOWA CITY, IOWA; RES. 12 -383, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT AMONG THE CITY OF IOWA CITY, THE HOUSING FELLOWSHIP, AND CORRIDOR WOODS LIMITED PARTNERSHIP, IOWA CITY, IOWA FOR PROPERTIES LOCATED AT 720, 724, 728 & 732 FOSTER ROAD AND 701, 705, 709 & 713 ARCH ROCK ROAD, IOWA CITY, IOWA; RES. 12 -384, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA FINANCE AUTHORITY, DES MOINES, IOWA FOR PROPERTY LOCATED AT 230 -232 ELIZABETH STREET, IOWA CITY, IOWA; RES. 12 -385, ACCEPTING THE DEDICATION OF AND AUTHORIZING THE MAYOR TO ENTER INTO STORM SEWER AND DRAINAGE EASEMENT AGREEMENTS FOR LOT 91, MACKINAW VILLAGE, PART FOUR AND OUTLOT B, MACKINAW VILLAGE, PART TWO, IOWA CITY, JOHNSON COUNTY, IOWA; RES. 12 -386, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A COOPERATIVE AGREEMENT BETWEEN THE IOWA DEPARTMENT OF TRANSPORTATION AND THE CITY OF IOWA CITY FOR THE 1 -80 / DUBUQUE STREET INTERCHANGE IMPROVEMENT [IM -80- 6(276)244-- 13 -52, IM -80- 6(278)244-- 13 -52, IM -80- 6(306)244-- 13 -52, IM -80- 6(319)244-- 13 -52]; Approve disbursements in the amount of $26,736,429.41 for the period of July 1 through July 31, 2012, as recommended by the Finance Director subject to audit; RES. 12 -387, AUTHORIZING THE PROCUREMENT OF A 2012 VERMEER HG6000 HORIZONTAL GRINDER FOR USE AT THE LANDFILL. Setting Public Hearings: RES. 12 -388, SETTING A PUBLIC HEARING ON SEPTEMBER 4, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PUBLIC WORKS - FUEL FACILITY 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 -389, SETTING A PUBLIC HEARING ON SEPTEMBER 4, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LANDFILL GROUNDWATER UNDER DRAIN LIFT STATION 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 -390, SETTING A PUBLIC HEARING ON SEPTEMBER 4, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORMANDY DRIVE RESTORATION PROJECT, DIRECTING CITY CLERK TO PUBLISH SAID NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Correspondence: Traffic Engineering Planner regarding Establishment of a TOW AWAY ZONE for non - ZipCar vehicles parked in the designated ZipCar spaces on the 300 block of North Clinton Street, 200 block of South Linn Street, and 100 block of Complete Description August 21, 2012 Page 4 East Iowa Avenue; Peg Jones regarding Zoning Changes Causing Bankruptcy. [Staff response included]; Marie Houser Conzemius - To Jim Throgmorton: My compliments on your "no" vote on Oaknoll's rezoning request (Comp Plan); Greg Cotton; Mark Johnson; Dean Rammelsberg regarding Urban Chickens in Iowa City; Phil McGuire regarding Questions on Landfill Procedures; Lynn Sidwell, Robert McKay, regarding Proposed Flood Wall and /or levee along Iowa River; Kenneth Longdon regarding Officer Complaint; Marie Houser Conzemius regarding A bravo to Mayor Matt Hayek; Ed Stone regarding Habitat Housing; Marcus Nashelsky regarding Bike Lanes in Iowa City [Staff response included]; John Engelbrecht regarding Invitation Public Space One - August 24. Roger Knight appeared regarding the downtown Ped Mall. Moved by Dobyns, seconded by Payne, to set a motion setting a public hearing for September 4 on an ordinance amending Title 14, Zoning Code, defining small wind energy conversion systems and establishing regulations to allow these systems as accessory uses in certain zones by special exception. A public hearing was held on an ordinance rezoning approximately 2 acres of land located south of Highway 1 and west of Shirken Drive at 521 and 531 Highway 1 west and from Intensive Commercial (CI -1) to Community Commercial (CC -2) (REZ12- 00013). PCD Dir. Davidson present for discussion. The Mayor asked for Council Members to disclose any ex parte communications, and none were reported. Moved by Mims, seconded by Dobyns, that the ordinance rezoning approximately 2 acres of land located south of Highway 1 and west of Shirken Drive at 521 and 531 Highway 1 west and from Intensive Commercial (CI -1) to Community Commercial (CC -2) (REZ12- 00013), be given first vote. A public hearing was held on an ordinance amending Title 14, Zoning Code, to add a definition for "Delayed Deposit Service Uses" and regulate said uses as provisional uses in the Community Commercial Zone (Payday Lending Institutions). PCD Dir. Davidson presented a power point. The following individuals appeared: Helene Hembreiker, 3002 Parkview Ave.; Jeff Strottman, 426 S. Dodge St.; Misty Rebik, 625 S. Governor St.; Matt Kearney, 4422 Driftwood; Evan Fales, 1215 Oakcrest; Lynden Miller; Tom Davis; Seth Miller; and Jamie Kearney. Individual Council Members expressed their views. Moved by Throgmorton, seconded by Mims, that the ordinance amending Title 14, Zoning Code, to add a definition for "Delayed Deposit Service Uses" and regulate said uses as provisional uses in the Community Commercial Zone (Payday Lending Institutions), be given first vote. Helene Hembreiker, 3002 Parkview Avenue, and Tom Davis appeared. The Mayor asked for Council Members to disclose any ex parte communications, and none were reported. Moved by Champion, seconded by Payne, that the ordinance rezoning 2.7 -acres of land located north of Benton Street between George and Streb Streets ( Oaknoll) from Medium Density Single Family (RS -8) Zone to Overlay Planned Development Medium Density Multi - Family (OPD- RM -20) Zone (REZ12- 00010), be given second vote. Atty. Bob Downer, representing Oaknoll, requested waiver of the second consideration and the ordinance adopted at this time. Original motion withdrawn. 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 Complete Description August 21, 2012 Page 5 meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that the ordinance rezoning 2.7 -acres of land located north of Benton Street between George and Streb Streets (Oaknoll) from Medium Density Single Family (RS -8) Zone to Overlay Planned Development Medium Density Multi - Family (OPD- RM -20) Zone (REZ12- 00010), be voted on for final passage at this time. Individual Council Members expressed their views. The Mayor declared the motion to collapse failed, 5/2, (six votes needed) with the following division of roll call vote. Ayes: Hayek, Mims, Payne, Champion, Dickens. Nays: Dobyns, Throgmorton. Moved by Mims, seconded by Payne, to vote on second consideration. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Mims, Payne, Champion, Dickens, Hayek. Nays: Dobyns, Throgmorton. Moved by Mims, seconded by Payne, that the ordinance vacating the public right -of- way of Spring Street (Oaknoll), be given second vote. Moved by Mims, seconded by Payne, 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 -4488, AMENDING CERTAIN PARAGRAPHS WITHIN TITLE 14, ZONING CODE, ARTICLES 2A AND 213, TO EXEMPT BLOCKS WITH THREE OR FEWER HOME LOTS FROM FRONT SETBACK AVERAGING, be voted on for final passage at this time. Moved by Mims, seconded by Payne, that the ordinance be finally adopted at this time. Moved by Champion, seconded by Dickens, that ORD. 12 -4489, 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 passed and adopted. The Mayor asked for Council Members to disclose any ex parte communications, and none were reported. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Dewey Street Brick Reconstruction 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 -391, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE DEWEY STREET BRICK RECONSTRUCTION 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 a single family home located at 618 North Gilbert Street. No one appeared. Moved by Mims, seconded by Payne, to adopt RES. 12 -392, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 618 NORTH GILBERT STREET. A public hearing was held on a resolution approving a purchase agreement between the City of Iowa City and Autohaus Ltd for Lots 14 and 15 of the North Airport Complete Description August 21, 2012 Page 6 Development Subdivision with an option to purchase Lot 13 and authorizing conveyance. Bill Wittig, representing the owner, requested approval. Moved by Champion, seconded by Dickens, to adopt RES. 12 -393, APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND AUTOHAUS LTD FOR LOTS 14 AND 15 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION WITH AN OPTION TO PURCHASE LOT 13 AND AUTHORIZING CONVEYANCE. A hearing was held on a resolution assessing either a 30 day retail cigarette permit suspension or $1500.00 civil penalty against Zombies Tobacco, pursuant to Iowa Code Section 453A.22(2) (2011). Asst. Johnson County Atty. Andy Chappell appeared. Owner Selenya Carew also appeared. Moved by Dobyns, seconded by Payne, to adopt RES. 12 -394, ASSESSING $1500.00 CIVIL PENALTY OR THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST ZOMBIES TOBACCO, and amend the resolution to provide a three month payment of the civil penalty. Moved by Champion, seconded by Payne, that ordinance amending Title 5, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," to provide that "keeping a Disorderly House" is a municipal infraction and Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," to add another basis for a rental permit sanction, be given first vote. HIS Dir. Boothroy and Police Chief Hargadine present for discussion. Moved by Mims, seconded by Payne, that ordinance amending Title 4, Alcoholic Beverages, Chapter 5, Prohibitions and Restrictions, Section 3, Consumption or Possession in public places and city buildings, Subsection B to allow for possession and consumption in certain park buildings, pursuant to administrative rule; and Subsection C to allow for alcohol possession and consumption in city buildings pursuant to administrative rule, be given second vote. 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 the ordinance amending Title 10, entitled Use of Public Ways and Property," Chapter 3, entitled, "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," to regulate sidewalk cafes primarily by policy and administrative rules, be voted on for final passage at this time. Individual Council Members expressed their views. The following individuals appeared: Anthony Brown; Karen Kubby, President, Iowa City Downtown District; Dave Allen, Z'Mariks noodle Cafe; Rodney Anderson, Pancheros; Bill Nusser, President Elect, Iowa City Downtown District; Lean Cohen, Bo James; Brian Flynn, Joe's Place, Donnelly's, Blackstone's; Jim Mondanaro; The Mayor declared the motion to waive second consideration failed, 1/6, with the following division of roll call vote. Ayes: Champion. Nays: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Moved by Dobyns, seconded by Throgmorton, that the ordinance receive second vote for consideration. Majority agreed to proceed with second consideration of the ordinance and defer the resolution to allow the Iowa City Downtown District to contact businesses; and directed staff to require consent of tenants and property owners for cafes located in planters and parking spaces. Moved Complete Description August 21, 2012 Page 7 by Mims, seconded by Payne, to accept correspondence from Rodney Anderson, Karen Kubby and William Nusser. Moved by Payne, seconded by Dickens, to defer to 9/4 a resolution adopting a policy for use of public right -of -way for sidewalk cafes and rescinding resolution no. 07 -227. Moved by Mims, seconded by Dickens, to accept correspondence from Nancy Quellhorst. Moved by Champion, seconded by Dobyns, to adopt RES. 12 -395, AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE DEPARTMENT OF JUSTICE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) FOR THE 2012 COPS GRANT. Police Chief Hargadine present for discussion. Karen Kubby, President, Iowa City Downtown District appeared. Moved by Mims, seconded by Dobyns, to accept correspondence from Karen Kubby. Moved by Mims, seconded by Payne, to adopt RES. 12 -396, AWARDING CONTRACT to LL Pelling Co. for $ 492,564.83 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FY 2013 ASPHALT RESURFACING PROJECT. Moved by Dobyns, seconded by Payne, to adopt RES. 12 -397, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA FOR THE PROVISION OF ANIMAL CARE SERVICES. Moved by Mims, seconded by Dickens, to accept correspondence from Louise From. Moved by Dobyns, seconded by Champion, to adopt RES. 12 -398, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ANIMAL SHELTER FACILITY CAPITAL CONTRIBUTION AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS. Moved by Mims, seconded by Payne, to adopt RES. 12 -399, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE STATE OF IOWA FOR THE PROVISION OF ANIMAL CARE SERVICES. Moved by Payne, seconded by Dobyns, to adopt RES. 12 -400, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ANIMAL SHELTER FACILITY CAPITAL CONTRIBUTION AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE STATE OF IOWA. Moved by Mims, seconded by Champion, to adopt RES. 12 -401, APPROVING A SETTLEMENT AND REWORK AGREEMENT BETWEEN THE CITY OF IOWA CITY AND KNUTSON CONSTRUCTION SERVICES MIDWEST, INC. REGARDING THE PRECAST DOUBLE TEE WALKWAY BEAMS AT THE IOWA CITY WATER FACILITY. Moved by Throgmorton, seconded by Payne, to grant a motion granting a 60 -day extension to the Police Citizens Review Board for the filing of the public report with the City Council on Complaint #12 -01. Council Member Payne noted this was the second request for an extension of a complaint from the Police Citizens Review Board and questioned if the amount of time should be increased in the ordinance. Staff will follow up and report back. The Mayor noted the previously announced vacancies to Boards and Commissions: Airport Zoning Brd of Adjustment for a five -year term January 1, 2012 - December 31, Complete Description August 21, 2012 Page 8 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). Applications must be received by 5:00 p.m., Wednesday, August 29, 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.] The Mayor announced that the vacancies listed for Youth Advisory Commission will not announced as the Youth Advisory Commission has now been abolished. Council Member Dickens noted the successful fundraiser held the previous week- end for Pathways (Adult Daycare) and thanked the Pilot Club for volunteering for the project; and reminded everyone of Taste of Iowa City scheduled August 22. Council Member Throgmorton acknowledged the letter from Mayor Hayek to the Iowa City Community School District Board re future growth in the District and praised his leadership on the issue. Council Member Payne noted an email received by Council Members from Annie Tucker inviting Council Members to a webinar on Racial Equity Impact Assessments and stated she was unable to attend but hoped other might participate. Mayor Hayek noted the Sertoma pancake breakfast scheduled for August 26 at the Iowa City Airport. City Manager Markus reported on a meeting Mayor Hayek and he attend with the University reflecting the strength of the relationship between the University and the City. Moved by Mims, seconded by Payne, to adjourn meeting at 9:50 p.m. to work session. /k4lu�54_1� Matthew J. Hayek, Mayor Marian K. Karr, City Clerk CITY OF IOWA CITY �i;� ,` ►�r1��`�� 3�iii�r -� MEMORANDUM Date: August 10, 2012 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, July 31, 2012, 5:07 PM in Emma J. Harvat Hall Council: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton UISG Rep: None Staff: Markus, Bentley, Dilkes, Karr, Davidson, Moran, O'Brien, Boothroy, Fosse, Rummel, Dulek (A complete transcription is available in the City Clerk's Office and the City website) COUNCIL APPOINTMENTS [Agenda #17] Diversity Committee — Bakhit Bakhit Kingsley Bothchway, Chair Joe Dan Coulter Donna Henry Cindy Roberts, Vice -chair Orville Townsend, Sr. Joan Vanden Berg Airport — Christine Ogren HCDC — reappoint Jarrod Gatlin Human Rights — Dan Tallon PCRB — reappoint Royceann Porter QUESTIONS FROM COUNCIL RE PLANNING & ZONING ITEMS 0. AMENDING CERTAIN PARAGRAPHS WITHIN TITLE 14, ZONING CODE, ARTICLES 2A AND 2B, TO EXEMPT BLOCKS WITH THREE OR FEWER HOME LOTS FROM FRONT SETBACK AVERAGING. (SECOND CONSIDERATION) PCD Dir. present for discussion. QUESTIONS FROM COUNCIL RE AGENDA ITEMS 1. (Consent Calendar # 2d(7) - ... resolution authorizing ... agreement between City of Iowa City and National Development Council regarding Community and Economic Development Advisement.) In response to Council Member Throgmorton, Council agreed to pull the item from the Consent Calendar for separate consideration and allow time for PCD Dir. Davidson to provide information to the public prior to passage. 2. (Consent Calendar # 2d(1) — ... setting a public hearing ... Normandy Drive Restoration Project.) City Clerk Karr stated staff has requested that this item be deleted from the Consent Calendar, not acted upon at this time, and will be placed on another agenda. Council Work Session July 31, 2012 Page 2 3. (Agenda Item # 8 —ordinance amending Title 10 ... to regulate sidewalk cafes primarily by policy and administrative rules.) In response to Council Member Payne, Mayor Hayek stated separate consideration of this item is scheduled later in the work session agenda. 4. (Consent Calendar # 2f (8) — M. K. Parnell re Greyhound Bus Service) In response to Council Member Throgmorton, a majority agreed to direct staff to provide options that might be implemented to recoup costs of Megabus operating in the City. POTENTIAL URBAN / BACKYARD CHICKEN ORDINANCE [IP #31 City Manager Markus and HIS Dir. Boothroy presented information. Majority directed staff to contact [Cluck for input and refer the matter to Planning & Zoning for review and a recommendation. STAFF ACTION: Proceed as outlines. (Boothroy) PROPOSED CHANGES IN EAST SIDE LOOP BUS ROUTE Transportation Services Dir. O'Brien presented a power point (archived with City Clerk). Majority agreed to proceed. STAFF ACTION: Proceed as outlined, and develop pamphlet information for distribution. PROPOSED CHANGES TO THE SIDEWALK CAFE ORDINANCE (INCLUDING USE OF PARKING SPACES [AGENDA #81 Public Works Dir. Fosse presented a power point. Transportation Services Dir. O'Brien presenl for discussion. Council agreed to: • changing the approval process from ordinance to administrative regulations approved by resolution • approved expanding the regulations to include governing cafes in the street • approved expanding the regulations to include cafes in planters outside of City Plaza • approved fees of $5 per square foot standard; $10 per square foot on a platform; and $12 per day if using a parking area STAFF ACTION: Recommend waiving second consideration of the ordinance passage of the ordinance on sidewalk cafes and prepare resolution for August 21 agenda approving administrative regulations as outlined. (Fosse) INFORMATION PACKET DISCUSSION [July 12, 19, 26] ➢ July 12 No discussion ➢ July 19 No discussion ➢ July 26 (IP7- Riverfront Crossings Multiuse Parking Facility) In response to Council Member Throgmorton, PCD Dir. Davidson stated the new RFP for the facility would be presented to Council for discussion regarding: energy efficiency, some student housing, and city financial incentives. Transportation Services Dir. O'Brien present for discussion. Council Work Session July 31, 2012 Page 3 COUNCIL TIME / PENDING WORK SESSION TOPICS [IP #6] Council Member Throgmorton requested a status report of the City's efforts re mitigate measures against climate changes. Staff will provide a memo. MEETING SCHEDULE / UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS [IP #6] Council Members agreed to the following KXIC radio schedule: August 1- Throgmorton August 8 - Hayek August 15 - Champion August 22 - Dickens August 29 - Mims September 5 - Dobyns September 12 - Payne September 19 - Dickens CONSOLIDATION OR STRUCTURAL CHANGES TO CITY BOARDS AND COMMISSIONS (NOT REQUIRED BY STATE LAW) [IP #4] Majority agreed with Council Member Dobyns recommendation to dissolve the Youth Advisory Commission, and engage youth when a particular charge or need arises. (Recessed to formal meeting 6:50 PM; returned to work session 8:40 PM) Council Member Throgmorton suggested certain Boards be authorized or instructed to have joint meetings annually with certain others, such as: PCRB & Human Rights; Planning and Zoning & HCDC; and Planning and Zoning & Parks & Recreation. Majority agreed to revisit the suggestion at a later time. Council Member Throgmorton suggested that Council consider opening applications to the Board of Appeals to nonresidents of the City. No decision was made at this time. STAFF ACTION: Prepare resolution dissolving the Youth Advisory Commission for consideration on the August 21st agenda. (Karr) Meeting adjourned 8:50 PM. 3a... 2�i 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 - 7/31/12 Iowa City City Council special meeting, 5:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens (5:06 p.m.), Dobyns, Hayek, Mims, Payne, Throgmorton. Unless otherwise noted, all actions were affirmative and unanimous. Moved and seconded to adjourn to executive session 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 5:06 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 CI rk Submitted for publication — 8/6/12. 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 — 7/31/12 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor 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 that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as amended and to delete Item 2d(1) a resolution setting a public hearing on August 21, 2012 on plans, specifications, form of contract, and estimate of cost for the construction of the Normandy Drive Restoration Project and remove for separate consideration Item 2d(7) authorizing the Mayor to execute and the City Clerk to attest to an agreement between the City and National Development Council regarding Community and Economic Development Advisement: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: July 10 Council Work Session; July 10 Special Council Formal Official & Complete (x2); July 26 Special 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 — May 17; Board of Adjustment — June 13; Human Rights Commission — June 19; Parks & Recreation Commission — May 9; Planning & Zoning Commission — June 7; Police Citizens Review Board — June 12; Telecommunications Commission — June 25; Planning & Zoning Commission — June 21. Permit Motions and Resolutions as Recommended by the City Clerk. (New): Class C Liquor License for Szechuan House, 320 E. Burlington St.; (Renewal) Class B Beer Permit for Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd.; Outdoor Service Area for Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd.; Class E Liquor License for The Liquor House, 425 S. Gilbert St.; Class E Liquor License for Hy -Vee Drugstore, 310 N. First Ave.; Class C Beer Permit for Big Kmart #4315, 901 Hollywood Blvd.; Class C Beer Permit for Deli Mart #1, 525 Highway 1 W.; Class C Beer Permit for Deli Mart #2, 1920 Lower Muscatine Ave.; Class C Beer Permit for Deli Mart #3, 2410 Mormon Trek Blvd.; Class C Beer Permit for Deli Mart #5, 206 E. Benton St.; Class C Liquor License for Okoboji Grill Restaurant, 1857 Lower Muscatine Rd.; Outdoor Service Area for Okoboji Grill Restaurant, 1857 Lower Muscatine Rd.; Class C Liquor License for Martini's, 127 E. College St.; Outdoor Service Area for Martini's, 127 E. College St.; Class C Liquor License for El Cactus Authentic Mexican Cuisine, 1921 Keokuk St.; Class C Liquor License for Orchard Green Restaurant, 521 S. Gilbert St.; Class C Beer Permit for L & M Mighty Shop, Inc., 504 E. Burlington St.; Special Class C Liquor License for The Englert Theatre, 221 E. Washington St.; RES. 12 -343 TO ISSUE CIGARETTE PERMIT to The Spirit Tobacco and More, 357 E. College St. Resolutions and Motions: RES. 12 -344, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A Official Actions July 31, 2012 Page 2 MORTGAGE FOR THE PROPERTY LOCATED AT 2713 WHISPERING MEADOWS DRIVE, IOWA CITY, IOWA; RES. 12 -345, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 630 WHITING AVENUE, IOWA CITY, IOWA; RES. 12 -346, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2547 WHISPERING PRAIRIE AVENUE, IOWA CITY, IOWA; RES. 12 -347, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED IN JOHNSON COUNTY, IOWA CITY, IOWA; RES. 12 -348, 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, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 1955 CHELSEA COURT, IOWA CITY, IOWA; RES. 12 -349, 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, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 435 WESTBURY DRIVE, IOWA CITY, IOWA; RES. 12 -350, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 706 MILLER AVENUE, IOWA CITY, IOWA; Approve disbursements in the amount of $40,850,090.66 for the period of June 1 through June 30, 2012, as recommended by the Finance Director subject to audit; RES. 12 -351, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AMENDMENT #1 TO THE JANUARY 25, 2011 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND H.R. GREEN TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE ROCKY SHORE DRIVE PUMP STATION AND FLOOD GATE PROJECT; RES. 12 -352, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND H.R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY LANDFILL GROUNDWATER LIFT STATION PROJECT. Setting Public Hearings: RES. 12 -353, SETTING A PUBLIC HEARING ON AUGUST 21, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE DEWEY STREET BRICK RECONSTRUCTION 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 -354, SETTING PUBLIC HEARING FOR AUGUST 21, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 618 NORTH GILBERT STREET. Correspondence: Traffic Engineering Planner regarding Change of parking meter terms from 2 hours to 30 minutes for spaces numbered L1 28N and L1 30N on the east side of the 100 block of North Linn Street; Traffic Engineering Planner regarding Installation of ZIPCAR PARKING ONLY signs on the west side of the 300 block of North Clinton Street; Traffic Engineering Planner regarding Removal of existing NO Official Actions July 31, 2012 Page 3 PARKING 2 AM — 6 AM prohibition on South Linn Street meters L204S, L206S, and on Iowa Avenue meters 1104E, and 1106E; Casey J. Kohrt; Val and Dick Donohoe regarding Iowa City Chicken Ordinance; Jerry D. Moore regarding Artificial Flowers; Cliff Pirnat regarding Rocky Shore; Patrick Jepson regarding Will Iowa City follow Stockton California to bankruptcy ?]; M. K. Parnell regarding Greyhound Service [Staff response included]; Andrea Rauer regarding Sycamore Mall management concerns; Tony Barrino (x3) regarding Trillionaire Communications; Tam Bodkin Bryk, Susan Boehlje regarding Moen Tower Project; Bobbie and Al Paxton, David Goodner regarding Predatory lenders. Moved and seconded to adopt RES. 12 -355, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT BETWEEN THE CITY AND NATIONAL DEVELOPMENT COUNCIL REGARDING COMMUNITY AND ECONOMIC DEVELOPMENT ADVISEMENT. Bob Elliott, 1108 Dover St., acknowledged the efforts of City crews when a water main broke on Sunday, July 22. Moved and seconded to set a public hearing for August 21 on an ordinance rezoning approximately 2 acres of land located south of Highway 1 and west of Shirken Drive at 521 and 531 Highway 1 West and from Intensive Commercial (CI -1) to Community Commercial (CC -2) (REZ12- 00013). Moved and seconded to set a public hearing for August 21 on an ordinance amending Title 14, Zoning Code, to add a definition for "Delayed Deposit Service Uses" and regulate said uses as provisional uses in the Community Commercial Zone. A public hearing was held on a resolution amending the Comprehensive Plan to change the land -use designation from Single- Family /Duplex Residential to Medium - Density Multi - Family Residential for property located north of Benton Street between George and Streb Streets (CA12- 00002). The following individuals appeared representing Oaknoll: Mark Seabold, Design architect from Shive Hattery; Steve Rowe, Oaknoll Administrator and Chief Financial Officer; and Bob Downer, attorney for Oaknoll. Moved and seconded to adopt RES. 12 -356, AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND -USE DESIGNATION FROM SINGLE - FAMILY /DUPLEX RESIDENTIAL TO MEDIUM - DENSITY MULTI - FAMILY RESIDENTIAL FOR PROPERTY LOCATED NORTH OF BENTON STREET BETWEEN GEORGE AND STREB STREETS (CA12- 00002). The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Hayek, Mims, Payne, Champion, Dickens, Dobyns. Nays: Throgmorton. A public hearing was held on an ordinance rezoning 2.7 -acres of land located north of Benton Street between George and Streb Streets from Medium Density Single Family (RS -8) Zone to Overlay Planned Development Medium Density Multi- Family (OPD -RM- 20) Zone (REZ12- 00010). Moved and seconded that the ordinance approximately rezoning 2.7 -acres of land located north of Benton Street between George and Streb Streets from Medium Density Single Family (RS -8) Zone to Overlay Planned Development Medium Density Multi - Family (OPD- RM -20) Zone (REZ12- 00010), be given first vote. Pat Heiden, Oaknoll Director, and Mark Seabold, Design architect from Shive Hattery appeared. Official Actions July 31, 2012 Page 4 A public hearing was held on an ordinance vacating the public right -of -way of Spring Street. (VAC12- 00004). Moved and seconded that the ordinance vacating the public right -of -way of Spring Street (VAC12- 00004), be given first vote. A public hearing was held on an ordinance amending certain paragraphs within Title 14, Zoning Code, Articles 2a and 2b, to exempt blocks with three or fewer home lots from front setback averaging. Moved and seconded that the ordinance amending certain paragraphs within Title 14, Zoning Code, Articles 2a and 2b, to exempt blocks with three or fewer home lots from front setback averaging, be given first vote. Moved and seconded that the 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 given second vote. Moved and seconded that ORD. 12 -4486, VACATING AND CONVEYING AIR RIGHTS WITHIN THE PUBLIC RIGHT -OF -WAY LOCATED ADJACENT TO THE PROPERTY AT 114 SOUTH DUBUQUE STREET, IOWA CITY, IOWA. (VAC12- 00003), be passed and adopted. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote: Ayes: Dickens, Dobyns, Mims, Payne, Champion. Nays: Throgmorton, Hayek. Moved and seconded to adopt RES. 12 -357, APPROVING THE FINAL PLAT OF WINDSOR WEST PART TWO, IOWA CITY, IOWA (SUB12- 00009). A public hearing was held on plans, specifications, form of contract, and estimate of cost for the construction of the FY 2013 Asphalt Resurfacing 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 -358, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY 2013 ASPHALT RESURFACING 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 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 -4487, AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS ", SUBSECTION C, ENTITLED "SCHOOL SPEED ZONES" TO CREATE A SCHOOL SPEED ZONE FOR BORLAUG ELEMENTARY AND REPEAL THE SCHOOL SPEED ZONE FOR ROOSEVELT ELEMENTARY, be voted on for final passage at this time. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded that the ordinance amending Title 4, Alcoholic Beverages, Chapter 5, Prohibitions and Restrictions, Section 3, Consumption or Possession in Public Places and City Buildings, Subsection B to allow for possession and consumption in certain park buildings, pursuant to administrative rule; and Subsection C Official Actions July 31, 2012 Page 5 to allow for alcohol possession and consumption in city buildings pursuant to administrative rule, be given first vote. Senior Center Commissioner Jay Honohan appeared. Moved and seconded that the ordinance amending Title 10, entitled Use of Public Ways and Property," Chapter 3, entitled, "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," to regulate sidewalk cafes primarily by policy and administrative rules, be given first vote. The following individuals appeared: Rebecca Neades, Chamber of Commerce and Jim Mondanaro, Mickey's. Moved and seconded to adopt RES. 12 -359, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONRACT FOR CONSTRUCTION OF THE S. DUBUQUE STREET STORM SEWER AND WATER MAIN IMPROVEMENTS PROJECT. Moved and seconded to adopt RES. 12 -360, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE HIGHWAY 1 TRAIL PROJECT - ORCHARD STREET TO SUNSET STREET. Moved and seconded to adopt RES. 12 -361, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE U.S. HIGHWAY 6 AND SYCAMORE STREET INTERSECTION IMPROVEMENT PROJECT. Moved and seconded to adopt RES. 12 -362, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE PUBLIC WORKS COMPLEX — WARM STORAGE BUILDING PROJECT. Moved and seconded to adopt RES. 12 -363, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR RENOVATION OF FIELDS 1,2,3,4 AT THE NAPOLEON PARK SOFTBALL COMPLEX PROJECT. Moved and seconded to adopt RES. 12 -364, ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN -UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. Moved and seconded to defer to August 21 a resolution approving a settlement and rework agreement. Moved and seconded to defer to August 21 announcing two vacancies on the Youth Advisory Commission for an unexpired term plus a two year term, effective upon appointment — December 31, 2014, and a vacancy for a two -year term January 1, 2011 — December 31, 2012, for Tate High. Moved and seconded to make the following appointments to Boards and Commissions: appoint Joe Dan Coulter, 1818 N. Dubuque St.; Orville Townsend, Sr., 713 Whiting Ave.; Kingsley Botchway (chair), 260 Scott Ct., Apt. 3; Donna Henry, 1926 Broadway St.; Bakhit Bakhit, 2610 Bartelt Rd., Apt. #10; Joan Vanden Berg, 309 Fairview Ave.; and Cindy Roberts (vice chair) 2034 Grantwood St., to the Ad Hoc Diversity Committee for six -month terms beginning September 1, 2012 — March 10, 2013; appoint Christine Ogren, 140 Cardiff Circle, to the Airport Commission for an Official Actions July 31, 2012 Page 6 unexpired term, effective upon appointment — March 1, 2014; reappoint Jarrod Gatlin, 910 Benton Drive, #11 to Housing and Community Development Commission for a three -year term September 1, 2012 — September 1, 2015; appoint Dan Tallon, 706 E. Market Street, to Human Rights Commission for an unexpired term, effective upon appointment, ending January 1, 2014; reappoint Royceann Porter, 136 Appanoose Court, to Police Citizens Review Board for a four -year term September 1, 2012 — September 1, 2016. Moved and seconded to accept correspondence from Polly Nichols - Marshall and Christine Ogren. The Mayor noted no applications were received for the following Boards and Commissions and all will be readvertised: 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 formal meeting at 8:40 p.m. and return to work session. A more complete description of Council Activities and disbursements is on file in the office of the City Clerk and Finance Department. s /Matthew J. Hayek, Mayor s /Marian K. Karr, City Clerk Sub Ae tLarodtpublication — 8/8/12. �i 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 — 8/13/12 Iowa City City Council special meeting, 12:30 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Dickens, Hayek, Mims, Payne, Throgmorton. Absent: Dobyns, Champion. Unless otherwise noted, all actions were affirmative and unanimous. Moved and seconded to set a public hearing for August 21, 2012 to approve a purchase agreement between the City of Iowa City and Autohaus Ltd. for lots 14 and 15 with an option on Lot 13 of the North Airport Development Subdivision and to consider a proposal to convey said property. Moved and seconded to adjourn special meeting 12:32 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 /Mariian K. Karr, City Clerk Submi���� pur,�laton*144-/1 2. 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 JULY 31, 2012 Iowa City City Council special meeting, 5:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens (5:06 p.m.), Dobyns, Hayek, Mims, Payne, Throgmorton. Staff members present: Markus, Dilkes, Bentley, O'Brien, Karr, Davidson, Boothroy, Fosse. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Mims, seconded by Champion, to adjourn to executive session 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 5:05 p.m. Moved by Champion, seconded by Mims, to adjourn special meeting 5:06 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 JULY 31, 2012 Iowa City City Council special 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, Bentley, Dilkes, Karr, Davidson, Knoche, Fosse, O'Brien, Rummel, Moran, Kopping. 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 and to delete Item 2d(1) a resolution setting a public hearing on August 21, 2012 on plans, specifications, form of contract, and estimate of cost for the construction of the Normandy Drive Restoration Project and remove for separate consideration Item 2d(7) authorizing the Mayor to execute and the City Clerk to attest to an agreement between the City and National Development Council regarding Community and Economic Development Advisement: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: July 10 Council Work Session; July 10 Special Council Formal Official & Complete (x2); July 26 Special 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 — May 17; Board of Adjustment — June 13; Human Rights Commission — June 19; Parks & Recreation Commission — May 9; Planning & Zoning Commission — June 7; Police Citizens Review Board — June 12; Telecommunications Commission — June 25; Planning & Zoning Commission — June 21. Permit Motions and Resolutions as Recommended by the City Clerk. (New): Class C Liquor License for 168, LLC, dba Szechuan House, 320 E. Burlington St.; (Renewal) Class B Beer Permit for Jimmy Jack's, Inc., dba Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd.; Outdoor Service Area for Jimmy Jack's, Inc., dba Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd.; Class E Liquor License for Caylor Enterprises, LLC, dba The Liquor House, 425 S. Gilbert St.; Class E Liquor License for Hy -Vee, Inc., dba Hy -Vee Drugstore, 310 N. First Ave.; Class C Beer Permit for Kmart Corporation dba Big Kmart #4315, 901 Hollywood Blvd.; Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #1, 525 Highway 1 W.; Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #2, 1920 Lower Muscatine Ave.; Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #3, 2410 Mormon Trek Blvd.; Class C Beer Permit for Delimart Properties, Inc. dba Deli Mart #5, 206 E. Benton St.; Class C Liquor License for Middle E, LLC, dba Okoboji Grill Restaurant, 1857 Lower Muscatine Rd.; Outdoor Service Area for Middle E, LLC, dba Okoboji Grill Restaurant, 1857 Lower Muscatine Rd.; Class C Liquor License for High Energy Food Concepts, Inc., dba Martini's, 127 E. College St.; Outdoor Service Area for High Energy Food Concepts, Inc., dba Martini's, 127 E. College St.; Class C Liquor License for Hildago, Inc., dba El Cactus Authentic Mexican Cuisine, 1921 Keokuk St.; Class C Liquor License for Orchard Green, Inc., dba Orchard Green Restaurant, 521 S. Gilbert St.; Class C Beer Permit Complete Description July 31, 2012 Page 2 for L & M Mighty Shop, Inc., dba L & M Mighty Shop, Inc., 504 E. Burlington St.; Special Class C Liquor License for The Englert Civic Theatre, LP, dba The Englert Theatre, 221 E. Washington St.; RES. 12 -343 TO ISSUE CIGARETTE PERMIT to The Spirit Tobacco and More, LLC, dba The Spirit Tobacco and More, 357 E. College St. Resolutions and Motions: RES. 12 -344, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2713 WHISPERING MEADOWS DRIVE, IOWA CITY, IOWA; RES. 12 -345, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 630 WHITING AVENUE, IOWA CITY, IOWA; RES. 12 -346, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2547 WHISPERING PRAIRIE AVENUE, IOWA CITY, IOWA; RES. 12 -347, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED IN JOHNSON COUNTY, IOWA CITY, IOWA; RES. 12 -348, 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, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 1955 CHELSEA COURT, IOWA CITY, IOWA; RES. 12 -349, 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, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 435 WESTBURY DRIVE, IOWA CITY, IOWA; RES. 12 -350, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 706 MILLER AVENUE, IOWA CITY, IOWA; Approve disbursements in the amount of $40,850,090.66 for the period of June 1 through June 30, 2012, as recommended by the Finance Director subject to audit; RES. 12 -351, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AMENDMENT #1 TO THE JANUARY 25, 2011 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND H.R. GREEN TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE ROCKY SHORE DRIVE PUMP STATION AND FLOOD GATE PROJECT; RES. 12 -352, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND H.R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY LANDFILL GROUNDWATER LIFT STATION PROJECT. Setting Public Hearings: RES. 12 -353, SETTING A PUBLIC HEARING ON AUGUST 21, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE DEWEY STREET BRICK RECONSTRUCTION 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 -354, SETTING Complete Description July 31, 2012 Page 3 PUBLIC HEARING FOR AUGUST 21, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 618 NORTH GILBERT STREET. Correspondence: Traffic Engineering Planner regarding Change of parking meter terms from 2 hours to 30 minutes for spaces numbered L1 28N and L1 30N on the east side of the 100 block of North Linn Street; Traffic Engineering Planner regarding Installation of ZIPCAR PARKING ONLY signs on the west side of the 300 block of North Clinton Street; Traffic Engineering Planner regarding Removal of existing NO PARKING 2 AM — 6 AM prohibition on South Linn Street meters L204S, L206S, and on Iowa Avenue meters 1104E, and 1106E; Casey J. Kohrt; Val and Dick Donohoe regarding Iowa City Chicken Ordinance; Jerry D. Moore regarding Artificial Flowers; Cliff Pirnat regarding Rocky Shore; Patrick Jepson regarding Will Iowa City follow Stockton California to bankruptcy ?]; M. K. Parnell regarding Greyhound Service [Staff response included]; Andrea Rauer regarding Sycamore Mall management concerns; Tony Barrino (x3) regarding Trillionaire Communications; Tam Bodkin Bryk, Susan Boehlje regarding Moen Tower Project; Bobbie and Al Paxton, David Goodner regarding Predatory lenders. Moved by Throgmorton, seconded by Champion, to adopt RES. 12 -355, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT BETWEEN THE CITY AND NATIONAL DEVELOPMENT COUNCIL REGARDING COMMUNITY AND ECONOMIC DEVELOPMENT ADVISEMENT. PCD Dir. Davidson presented information. Bob Elliott, 1108 Dover St., acknowledged the efforts of City crews when a water main broke on Sunday, July 22. Moved by Mims, seconded by Payne, to set a public hearing for August 21 on an ordinance rezoning approximately 2 acres of land located south of Highway 1 and west of Shirken Drive at 521 and 531 Highway 1 West and from Intensive Commercial (CI -1) to Community Commercial (CC -2) (REZ12- 00013). Moved by Champion, seconded by Dickens, to set a public hearing for August 21 on an ordinance amending Title 14, Zoning Code, to add a definition for "Delayed Deposit Service Uses" and regulate said uses as provisional uses in the Community Commercial Zone (payday lending). A public hearing was held on a resolution amending the Comprehensive Plan to change the land -use designation from Single - Family /Duplex Residential to Medium - Density Multi - Family Residential for property located north of Benton Street between George and Streb Streets (CA12- 00002) ( Oaknoll). The Mayor asked Council Members to report any ex parte communications, and Dobyns, Throgmorton, Mims, and Hayek reported communications. PCD Dir. Davidson present for discussion. The following individuals appeared representing Oaknoll: Mark Seabold, Design architect from Shive Hattery; Steve Rowe, Oaknoll Administrator and Chief Financial Officer; and Bob Downer, attorney for Oaknoll. Individual Council Members expressed their views. Moved by Mims, seconded by Payne, to adopt RES. 12 -356, AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND -USE DESIGNATION FROM SINGLE - FAMILY /DUPLEX RESIDENTIAL TO MEDIUM - DENSITY MULTI - FAMILY RESIDENTIAL FOR PROPERTY LOCATED NORTH OF BENTON STREET BETWEEN GEORGE AND STREB STREETS (CA12- 00002) ( Oaknoll). PCD Dir. Davidson present for discussion. The Mayor declared the resolution adopted, 6/1, with Complete Description July 31, 2012 Page 4 the following division of roll call vote: Ayes: Hayek, Mims, Payne, Champion, Dickens, Dobyns. Nays: Throgmorton. A public hearing was held on an ordinance rezoning 2.7 -acres of land located north of Benton Street between George and Streb Streets from Medium Density Single Family (RS -8) Zone to Overlay Planned Development Medium Density Multi - Family (OPD -RM- 20) Zone (REZ12- 00010) ( Oaknoll). No one appeared. Moved by Mims, seconded by Dickens, that the ordinance approximately rezoning 2.7 -acres of land located north of Benton Street between George and Streb Streets from Medium Density Single Family (RS -8) Zone to Overlay Planned Development Medium Density Multi - Family (OPD- RM -20) Zone (REZ12- 00010) ( Oaknoll), be given first vote. Pat Heiden, Oaknoll Director, and Mark Seabold, Design architect from Shive Hattery appeared. A public hearing was held on an ordinance vacating the public right -of -way of Spring Street. (VAC12- 00004) ( Oaknoll). No one appeared. Moved by Mims, seconded by Dickens, that the ordinance vacating the public right - of -way of Spring Street (VAC12- 00004) ( Oaknoll), be given first vote. A public hearing was held on an ordinance amending certain paragraphs within Title 14, Zoning Code, Articles 2a and 2b, to exempt blocks with three or fewer home lots from front setback averaging. No one appeared. Moved by Dobyns, seconded by Payne, that the ordinance amending certain paragraphs within Title 14, Zoning Code, Articles 2a and 2b, to exempt blocks with three or fewer home lots from front setback averaging, be given first vote. Moved by Mims, seconded by Champion, that the 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 given second vote. The Mayor requested Council Members report any ex parte communications, and none were reported. Moved by Champion, seconded by Dickens, that ORD. 12 -4486, VACATING AND CONVEYING AIR RIGHTS WITHIN THE PUBLIC RIGHT -OF -WAY LOCATED ADJACENT TO THE PROPERTY AT 114 SOUTH DUBUQUE STREET, IOWA CITY, IOWA. (VAC12- 00003) (Central Park), be passed and adopted. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote: Ayes: Dickens, Dobyns, Mims, Payne, Champion. Nays: Throgmorton, Hayek. Moved by Payne, seconded by Mims, to adopt RES. 12 -357, APPROVING THE FINAL PLAT OF WINDSOR WEST PART TWO, IOWA CITY, IOWA (SUB12- 00009). A public hearing was held on plans, specifications, form of contract, and estimate of cost for the construction of the FY 2013 Asphalt Resurfacing Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, and fixing time and place for receipt of bids. No one appeared. Moved by Mims, seconded by Dickens, to adopt RES. 12 -358, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY 2013 ASPHALT RESURFACING 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 July 31, 2012 Page 5 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 -4487, AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS ", SUBSECTION C, ENTITLED "SCHOOL SPEED ZONES" TO CREATE A SCHOOL SPEED ZONE FOR BORLAUG ELEMENTARY AND REPEAL THE SCHOOL SPEED ZONE FOR ROOSEVELT ELEMENTARY, 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 Mims, seconded by Champion, that the ordinance amending Title 4, Alcoholic Beverages, Chapter 5, Prohibitions and Restrictions, Section 3, Consumption or Possession in Public Places and City Buildings, Subsection B to allow for possession and consumption in certain park buildings, pursuant to administrative rule; and Subsection C to allow for alcohol possession and consumption in city buildings pursuant to administrative rule, be given first vote. Senior Center Commissioner Jay Honohan appeared. Moved by Payne, seconded by Champion, that the ordinance amending Title 10, entitled Use of Public Ways and Property," Chapter 3, entitled, "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," to regulate sidewalk cafes primarily by policy and administrative rules, be given first vote. The following individuals appeared: Rebecca Neades, Chamber of Commerce and Jim Mondanaro, Mickey's. Individual Council Members expressed their views. Moved by Dobyns, seconded by Payne, to adopt RES. 12 -359, AWARDING CONTRACT to Schrader Excavating & Grading for $313,297.05 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONRACT FOR CONSTRUCTION OF THE S. DUBUQUE STREET STORM SEWER AND WATER MAIN IMPROVEMENTS PROJECT. Moved by Mims, seconded by Payne, to adopt RES. 12 -360, AWARDING CONTRACT to Schrader Excavating for $ 937,160.77 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE HIGHWAY 1 TRAIL PROJECT - ORCHARD STREET TO SUNSET STREET. Moved by Dobyns, seconded by Dickens, to adopt RES. 12 -361, AWARDING CONTRACT to Peterson Contractors, Inc. for $ 1,845,737.04 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE U.S. HIGHWAY 6 AND SYCAMORE STREET INTERSECTION IMPROVEMENT PROJECT. Moved by Payne, seconded by Dickens, to adopt RES. 12 -362, AWARDING CONTRACT to Septagon Construction Cedar Rapids, IA for $ 208,885.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE PUBLIC WORKS COMPLEX — WARM STORAGE BUILDING PROJECT. Moved by Champion, seconded by Dickens, to adopt RES. 12 -363, AWARDING CONTRACT to Iowa Athletic Field Construction Co. for $ 98,777.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A Complete Description July 31, 2012 Page 6 CONTRACT FOR RENOVATION OF FIELDS 1,2,3,4 AT THE NAPOLEON PARK SOFTBALL COMPLEX PROJECT. Moved by Mims, seconded by Dickens, to adopt RES. 12 -364, ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN -UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. Moved by Champion, seconded by Dickens, to defer to August 21 a resolution approving a settlement and rework agreement. Moved by Champion, seconded by Mims, to defer to August 21 announcing two vacancies on the Youth Advisory Commission for an unexpired term plus a two year term, effective upon appointment — December 31, 2014, and a vacancy for a two -year term January 1, 2011 — December 31, 2012, for Tate High. Moved by Payne, seconded by Throgmorton, to make the following appointments to Boards and Commissions: appoint Joe Dan Coulter, 1818 N. Dubuque St.; Orville Townsend, Sr., 713 Whiting Ave.; Kingsley Botchway (chair), 260 Scott Ct., Apt. 3; Donna Henry, 1926 Broadway St.; Bakhit Bakhit, 2610 Bartelt Rd., Apt. #10; Joan Vanden Berg, 309 Fairview Ave.; and Cindy Roberts (vice chair) 2034 Grantwood St., to the Ad Hoc Diversity Committee for six -month terms beginning September 1, 2012 — March 10, 2013; appoint Christine Ogren, 140 Cardiff Circle, to the Airport Commission for an unexpired term, effective upon appointment — March 1, 2014; reappoint Jarrod Gatlin, 910 Benton Drive, #11 to Housing and Community Development Commission for a three -year term September 1, 2012 — September 1, 2015; appoint Dan Tallon, 706 E. Market Street, to Human Rights Commission for an unexpired term, effective upon appointment, ending January 1, 2014; reappoint Royceann Porter, 136 Appanoose Court, to Police Citizens Review Board for a four -year term September 1, 2012 — September 1, 2016. Moved by Mims, seconded by Dickens, to accept correspondence from Polly Nichols- Marshall and Christine Ogren. The Mayor noted no applications were received for the following Boards and Commissions and all will be readvertised: 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 on a trip to Madison, Wisconsin where he met with former Mayor David Cieslewicz and staff people from the Economic Development department. Council Member Champion asked if there was interest to pursue smaller sidewalk cafes, minus fencing. Concerns were expressed regarding ADA concerns and Champion withdrew the request. Council Member Dickens reminded everyone of the Sand in the City event coming up August 10 -12. Complete Description July 31, 2012 Page 7 Mayor Hayek announced the Mayor's of the Eastern Iowa Corridor have proclaimed August 1 as Corridor Goes Casual for Kids Day and stated City staff will participate by making $5 donations to a children's charity and wearing jeans to work on that day; encouraged participation in the Rummage in the Ramp event which started July 27 and runs through August 4; and wished Council Member Mims a Happy Anniversary. City Manager Markus announced that the City had been names second best city for successful aging by the Milken Institute; and announced that the QR codes previously announced as being available at the entry door to Harvat Hall are not available on the cable television channel during the meeting. Moved by Payne, seconded by Mims, to adjourn formal meeting at 8:40 p.m. and return to work session. 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 AUGUST 13, 2012 Iowa City City Council special meeting, 12:30 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Dickens, Hayek, Mims, Payne, Throgmorton. Absent: Dobyns, Champion. Staff members present: Fruin, Dulek, Karr. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Mims, seconded by Throgmorton, to set a public hearing for August 21, 2012 to approve a purchase agreement between the City of Iowa City and Autohaus Ltd. for lots 14 and 15 with an option on Lot 13 of the North Airport Development Subdivision and to consider a proposal to convey said property. Moved by Mims, seconded by Payne, to adjourn special meeting 12:32 p.m. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk