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HomeMy WebLinkAbout2012-09-04 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 SEPTEMBER 4, 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, Davidson, Fosse, Knoche, Bentley, Moran, Hargadine, Cohn, O'Malley, Laverman, Sandberg, Bird, Goers, Andrew. *Unless otherwise noted, all actions were affirmative and unanimous. Moved by Champion, seconded by Throgmorton, 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: August 21 Special Council Formal Official & Complete; August 21 Regular Council Formal Official & Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Housing and Community Development Commission — May 17; Human Rights Commission — July 17; Police Citizens Review Board — July 10; Telecommunications Commission — July 23. Permit Motions and Resolutions as Recommended by the City Clerk. (New): Two Fourteen -Day Special Class C Liquor Licenses for FilmScene dba FilmScene, Riverside Festival Stage - 200 E. Park Road; Class C Liquor License for Mexico Waynes, LLC, dba Mexico Waynes, 521 Westbury Dr. (Renewal): Special Class C Liquor License for Yen Ching IC, Corp. dba Yen Ching, 624 S. Gilbert St.; Class C Liquor License for Corner of the Meadow, Inc., dba Motley Cow Cafe, 160 N. Linn St.; Class C Liquor License for Short's Burger and Shine, LLC, dba Short's Burger and Shine, 18 S. Clinton St.; Class C Liquor License for Gabe's Oasis, LLC, dba Gabe's, 330 E. Washington St.; Outdoor Service Area for Gabe's Oasis, LLC, dba Gabe's, 330 E. Washington St.; Class C Beer Permit for Casey's Marketing Company dba Casey's General Store #2781, 1410 Willow Creek Dr.; Class C Beer Permit for Casey's Marketing Company dba Casey's General Store #2761, 204 N. Dubuque St.; Class C Liquor License for Los Portales Mexican Restaurant, Inc., dba Los Portales, 1402 S. Gilbert St. Resolutions and Motions: RES. 12 -402, APPROVING THE CITY STREET FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30,2012; RES. 12- 403, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR AUDIT SERVICES FOR THE FISCAL YEAR 2012 CITY OF IOWA CITY FINANCIAL STATEMENTS; RES. 12 -404, AUTHORIZING THE PROCUREMENT OF A 2013 PIERCE IMPEL PUC FIRE ENGINE; RES. 12 -405, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SIX - MONTH EXTENSION OF THE AGREEMENT WITH PUBLIC ACCESS TELEVISION, INC.; RES. 12 -406, ACCEPTING THE WORK FOR THE COURT HILL PARK PUBLIC RESTROOM BUILDING PROJECT; RES. 12 -407, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH FILMSCENE THAT ALLOWS THE SALE OF WINE AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK ON FIVE DAYS IN 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 SEPTEMBER 4, 2012 Iowa Ci City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. uncil Members present: Champion, Dickens, Dobyns, Hayek, Mi s, Payne, TI rog orton. Absent: None. Staff members present: Markus, Frui , Dilkes, Karr, Davidson, osse, Knoche, Bentley, Moran, Hargadine, Cohn, O'Mall , Laverman, Sandberg, Bird, ers, Andrew. Moved by Cha ion, seconded by Throgmorton, that the items an recommendations in a Consent Calendar be received, or approved and /or adopted as amended: Approval of Coun 'I Actions, subject to corrections, as reco mended by the City Clerk: August 21 Spe . I Council Formal Official & Complet , August 21 Regular Council Formal Official Complete. Receive and File Minu s of Boards and Commission (any recommendations contained in minutes beco effective only upon separ a Council action): Housing and Community Developmen Commission — May 17; uman Rights Commission — July 17; Police Citizens Revie Board — July 10; Tel communications Commission — July 23. Permit Motions and Resolutio as Recomm ded by the City Clerk. (New): Two Fourteen -Day Special lass C Liq or Licenses for FilmScene dba FilmScene, Riverside Festival Stage 200 E. ark Road; Class C Liquor License for Mexico Waynes, LLC, dba Mexico Wa nes, 21 Westbury Dr. (Renewal): Special Class C Liquor License for Yen Ching I orp. dba Yen Ching, 624 S. Gilbert St.; Class C Liquor License for Corner of the eadow, Inc., dba Motley Cow Cafe, 160 N. Linn St.; Class C Liquor License for 's Burger and Shine, LLC, dba Short's Burger and Shine, 18 S. Clinton St.; C ass Liquor License for Gabe's Oasis, LLC, dba Gabe's, 330 E. Washington St.; utdoor ervice Area for Gabe's Oasis, LLC, dba Gabe's, 330 E. Washington St, Class C B er Permit for Casey's Marketing Company dba Casey's General S re #2781, 14 0 Willow Creek Dr.; Class C Beer Permit for Casey's Marketing C pany dba Case 's General Store #2761, 204 N. Dubuque St.; Class C Liquor L' ense for Los Porta s Mexican Restaurant, Inc., dba Los Portales, 1402 S. Gilbert t. Resolutions and Motions- RES. 12 -402, APPROV G THE CITY STREET FINANCIAL REPORT FOR HE FISCAL YEAR ENDIN JUNE 30,2012; RES. 12- 403, AUTHORIZING THE AYOR TO SIGN AND THE TY CLERK TO ATTEST A CONTRACT FOR AUDI SERVICES FOR THE FISCAL AR 2012 CITY OF IOWA CITY FINANCIA STATEMENTS; RES. 12 -404, AU ORIZING THE PROCUREMENT OF 2013 PIERCE IMPEL PUC FIRE EN INE, RES. 12 -405, AUTHORIZING TH AYOR TO SIGN AND THE CITY CLE TO ATTEST A SIX - MONTH EXTENSI N OF THE AGREEMENT WITH PUBLIC A CESS TELEVISION, IN .; RES. 12 -406, ACCEPTING THE WORK FO THE COURT HILL PARK PU IC RESTROOM BUILDING PROJECT; RES. 1 4079 AUTHORIZIN THE MAYOR TO SIGN AND THE CITY CLERK TO TTEST TO AN AGREEMENT ITH FILMSCENE THAT ALLOWS THE SALE OF W E AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK ON FIVE YS IN Complete Description September 4, 2012 Page 2 SEPTEMBER AND OCTOBER; RES. 12 -408, ACCEPTING THE WORK FOR THE CDBG DEMOLITIONS PROJECT - CONTRACT #6; RES. 12 -409, ACCEPTING THE DEDICATION OF AND AUTHORIZING THE MAYOR TO ENTER INTO STORM WATER DETENTION FACILITY EASEMENT AGREEMENT PERTAINING TO LOT 39, SCOTT SIX INDUSTRIAL PARK AND AUDITOR'S PARCEL 2009029, IOWA CITY, IOWA. Setting Public Hearings: RES. 12 -410, SETTING A PUBLIC HEARING for September 18 ON AMENDING THE FY2013 OPERATING BUDGET. Correspondence: Acting Traffic Engineering Planner regarding Installation of (2) NO PARKING BETWEEN SIGNS with arrows in the 2600 block of E. Washington Street; Acting Traffic Engineering Planner regarding Installation of (1) NO PARKING CORNER TO HERE sign at the southeast corner of the Mormon Trek Boulevard / Plaen View Drive intersection; Kenneth Longdon (X2) regarding New Iowa City Police Video & Supplemental Citizen Complaint; Bob Oppliger, Executive Committee for Bicyclist of Iowa City regarding Bicycle Safety; Julie Eisele; Phil Hemmingway; Sheila Baker, Janet Riley (with response from Supt. Murley); Wallace Alward; Randall Verdick, John Buatti, Kelly Messingham, Christina Spofford, Karen Kelly, Carrie Craig, regarding Iowa City Community School District Issues; Anthony Browne regarding Proposed amendment to City Code [Mr. Browne's proposals for items 10 & 11 are also included under those agenda items for discussion purposes]; Jordan Wagner regarding Apartments Downtown [Staff response included]; Sarah Clark, Recorder Northside Neighborhood Association regarding North Market Square Park celebration invitation — Sept. 9. The following individuals appeared regarding fragile neighborhoods and housing: Mike Wright, 225 N. Lucas St.; Julie Parisi, 400 S. First Ave.(C); Nicole Pierson, 1209 Dolen Place; and Nancy Carlson, 1002 E. Jefferson St. Becky Ross, rep. 100 Grannies for a Livable Future, requested a ban on plastic bags. Moved by Mims, seconded by Payne, to accept correspondence. Moved by Mims, seconded by Payne, to set a public hearing for September 18 on ordinance rezoning approximately .034 acres located at 518 Bowery Street as an Iowa City Historic Landmark (REZ12- 00014). A public hearing was held 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. No one appeared. Moved by Throgmorton, seconded by Dobyns, that the 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, be given first vote. Moved by Mims, seconded by Dickens, that the ordinance rezoning approximately 2 acres of land located south of Highway 1 West 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 second vote. The Mayor requested Council Members report any ex parte communications and none were reported. Moved by Dobyns, seconded by Payne, 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 Complete Description September 4, 2012 Page 3 Institutions), be given second vote. The following individuals appeared: Tom Davis, 1025 S. Riverside Dr.; Evan Fales, 1215 Oakcrest St.; and Rebecca Rosenbaum, Howell St. Moved by Mims, seconded by Payne, to accept correspondence from Sara Henryson, Nancy Barnes - Kohut, Paul Greenough, Peter Hansen, Del Holland, Kenn Hubel, Maria Conzemius, Virginia Meyer, Jill Foco, Tom Baldridge, Margaret and Charles Felling, Evan Fales, Misty Rebik, Adam Wenschel. Moved by Champion, seconded by Dickens, that ORD. 12 -4490, 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 passed and adopted. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote. Ayes: Hayek, Mims, Payne, Champion, Dickens, Dobyns. Nays: Throgmorton. The Mayor requested Council Members report any ex parte communications and none were reported. Moved by Mims, seconded by Dickens, that ORD. 12 -4491, VACATING THE PUBLIC RIGHT -OF -WAY OF SPRING STREET (VAC12- 00004), be passed and adopted. Moved by Throgmorton, seconded by Payne, to send a letter to the Johnson County Board of Supervisors recommending approval of a rezoning from the County A- Agriculture Zone to the County Rub - Residential Zone for 0.46 acres of property located at 3549 Utah Avenue NE (CZ12- 00001). 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 - Fuel Facility 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 Dobyns, to adopt RES. 12 -411, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY PUBLIC WORKS FUEL FACILITY 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 Landfill Groundwater Under Drain Lift Station 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 Payne, to adopt RES. 12 -412, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LANDFILL GROUNDWATER UNDERDRAIN LIFT STATION 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 Normandy Drive Restoration project, establishing amount of bid security to accompany each bid, directing the City Complete Description September 4, 2012 Page 4 Clerk to publish notice to bidders, and fixing time and place for receipt of bids. Parks & Rec. Dir. Moran presented a power point. The following individuals appeared: Joyce Ashton McKusick, 805 Normandy Dr.; Jim Elmborg, 728 Park Rd.; Greg Geerdes, 890 Park Place; Tom Novak, 609 Manor Dr.; and Mary Murphy, 890 Park Place. Individual Council Members expressed their views. Moved by Dobyns, seconded by Champion, to accept correspondence from Mary Murphy, Jim and Ann Elmborg, Craig Jarvie. Moved by Dobyns, seconded by Payne, to adopt RES. 12 -413, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORMANDY DRIVE RESTORATION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING THE CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Moved by Mims, seconded by Dickens, that the ordinance amending Title 8, 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. Council requested staff follow up on providing a clear communication on the ordinance with students, landlords, neighborhoods and the community. Moved by Mims, seconded by Dickens, to accept correspondence from Kaleb Hays. Moved by Champion, seconded by Payne, that ORD. 12 -4492, 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 passed and adopted. Moved by Mims, seconded by Champion, that ORD. 12 -4493, 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 passed and adopted. Moved by Mims, seconded by Dickens, to accept correspondence from Anthony Browne. Moved by Payne, seconded by Mims, to adopt a resolution adopting a policy for use of public right -of -way for sidewalk cafes and rescinding resolution no. 07 -227. Moved by Payne, seconded by Mims, to amend the resolution by removing street cafes, and adding language to provide a lottery for planter cafes if needed. Individual Council Members expressed their views. The following individuals appeared: Anthony Browne; Dave Allen, Z'Mariks Noodle Cafe; Rebecca Rosenbaum; Rodney Anderson, Panchos, 32 S. Clinton; Jim Mondanaro, Micky's; Karen Kubby, President Iowa City Downtown District; Bill Nusser, President elect, Iowa City Downtown District; and Brian Flynn, Joe's Place. Moved by Throgmorton, seconded by Champion, to revert back to the original motion. The Mayor declared the motion to consider the original motion failed, 2/5, with Throgmorton and Champion voting "aye ". RES 12 -414, ADOPTING A POLICY FOR USE OF PUBLIC RIGHT -OF -WAY FOR SIDEWALK CAFES AND RESCINDING Complete Description September 4, 2012 Page 5 RESOLUTION NO. 07 -227, as amended. Moved by Dobyns, seconded by Payne, to accept correspondence from Anthony Browne, Lisa Barnes, Rodney Anderson. Moved by Mims, seconded by Dobyns, to adopt RES. 12 -415, AUTHORIZING THE AWARD OF A CONTRACT TO TYLER TECHNOLOGIES, INC., FOR FINANCIAL, HUMAN RESOURCES, PAYROLL AND UTILITY CUSTOMER INFORMATION SOFTWARE. Finance Dir. O'Malley and Project Manager Bird presented a power point. Moved by Mims, seconded by Payne, to accept correspondence from Palmer Holden and Qianqian Huang. Moved by Payne, seconded by Dickens, to adopt RES. 12 -416, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY IOWA FOR THE PROVISION OF ANIMAL CARE SERVICES. Moved by Throgmorton, seconded by Payne, to adopt RES. 12 -417, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ANIMAL SHELTER FACILITY CAPITAL CONTRIBUTION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY. The Mayor noted that 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. Council Member Throgmorton noted the celebration on the renovation of North Market Square Park on September 9; and praised Council Members Mims and Champion on their guest opinions in the Press - Citizen concerning maintaining high quality schools and neighborhoods. Council Member Champion stated she was interested in exploring more protection for older neighborhoods, and a majority agreed to add the item to the pending list. Mayor Pro tem Mims responded to comments made earlier in the evening regarding the affordable housing in neighborhoods and stated there were over 103 properties alone on the Google website under $150,000. Mayor Hayek noted that Iowa City would be honored with a visit from the President and Vice - President on Friday and asked people to be accommodating as more street closures are announced. The Mayor noted the FY12 year -end summary contained in a recent information packet and acknowledged the efforts of the City Budget Management Analyst Simon Andrew on the document. Moved by Mims, seconded by Payne, to adjourn meeting at 9:25 p.m. MA.� _ 2e. 4eao) Ma ' K. Karr, City Clerk 09-04-12 2a(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 — 8/21/12 Iowa City City Council special meeting, 5:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, 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 and to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. The minutes and the tape recording of a session closed under this paragraph (Real Estate) shall be available for public examination when the transaction discussed is completed. The Mayor declared the motion carried. Moved and seconded to adjourn special meeting 6:47 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-, `C_i-ty) Clerk Submitted fot publication — 8/23/12. �WN 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 special meeting, 5:00 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, Howard, Davidson. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Mims, seconded by Payne, 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 and to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. The minutes and the tape recording of a session closed under this paragraph (Real Estate) shall be available for public examination when the transaction discussed is completed. The Mayor declared the motion carried and adjourned into executive session 5:02 p.m. Council returned to open session 6:46 p.m. Moved by Champion, seconded by Throgmorton, to adjourn special meeting 6:47 p.m. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk ( *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. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS — 8/21/12 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. 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 and seconded 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 Irish Pub, 11 S. Dubuque St.; Outdoor Service Area for Micky's Irish Pub, 11 S. Dubuque St.; Five -Day Class B Beer Permit for Fall Fun Festival Tent A, 2140 Rochester Ave. (8/31/12 — 9/4/12); Five -Day Class B Beer Permit for Fall Fun Festival Tent B, 2140 Rochester Ave. (8/31/12 — 9/4/12); Outdoor Service Area Permit for Fall Fun Festival, 2140 Rochester Ave. (Renewal) Class C Liquor License for One Twenty Six, 126 E. Washington St.; Class C Liquor License for BlackStone, 503 Westbury Dr. Suite 1.; Class C Liquor License for George's Buffet, 321 E. Market St.; Class C Liquor License for 2 Dogs Pub, 1700 S. First Ave. Suite Q; Class C Liquor License for Takanami, 219 Iowa Ave.; Class C Beer Permit for I.C. Pit Stop, 300 Kirkwood Ave.; Class C Beer Permit for New Pioneer Co Op Fresh Food Market, 22 S. Van Buren St.; Class C Liquor License for Airliner Bar, 22 S. Clinton St.; Outdoor Service Area for Airliner Bar, 22 S. Clinton St.; Class C Liquor License for The Union Bar, 121 E. College St.; RES. 12 -366, TO ISSUE DANCING PERMIT to Fall Fun Festival, 2140 Rochester Ave.; Class C Liquor License for 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. 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, -T_rr-?F" 2a(2) Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $_ OMCIAL COUNCIL ACTIONS — 8/21/12 Iowa City City Council re ular meeting, 7:00 p.m. Mayor Hare presiding. Council Members present: Champion Dickens, Dobyns, Hayek, Mims, P yne, Throgmorton. Absent: None. The Mayor proclaimed Merc ospital Guild 50th Anniversa — 2012. Ron Reed, President and CEO and Carly Am risco, Mercy Guild Presiden accepting. Moved and seconded that the it s and recommendation in the Consent Calendar be approved and /or adopted as ame ded: Approval of Council Actions, su 'ect to corrections, a recommended by the City Clerk: July 31 Council Work Sessio - July 31 Special uncil Formal Official & Complete (x2); August 13 Special Co cil Formal Offi al & Complete. Receive and File Minutes of Boards nd Commis s'ons (any recommendations contained in minutes become effective o ly upon se arate Council action): Airport Commission — June 21; Historic Preserva 'on Com ission — May 10; Historic Preservation Commission — June 14; Histo 'c Pre rvation Commission — July 12; Planning & Zoning Commission — July 19; S nior Center Commission — May 17. Permit Motions and Resolutions as Reco nded by the City Clerk. (New): Class C Liquor License for Micky's Iris Pub, 11 S. Dubuque St.; Outdoor Service Area for Micky's Irish Pub, 11 S. Dub u St.; Five -Day Class B Beer Permit for Fall Fun Festival Tent A, 2140 Rochester Ave. 8/31/12 — 9/4/12); Five -Day Class B Beer Permit for Fall Fun Festival Tent B, 140 R Chester Ave. (8/31/12 — 9/4/12); Outdoor Service Area Permit for Fall Fun estival, 2 40 Rochester Ave. (Renewal) Class C Liquor License for One Twenty ix, 126 E. shington St.; Class C Liquor License for BlackStone, 503 Westbury r. Suite 1.; CI s C Liquor License for George's Buffet, 321 E. Market St., Cl ss C Liquor Lice se for 2 Dogs Pub, 1700 S. First Ave. Suite Q; Class C Liquor Lic nse for Takanami, 19 Iowa Ave.; Class C Beer Permit for I.C. Pit Stop, 300 Kir wood Ave.; Class C eer Permit for New Pioneer Co Op Fresh Food Market 22 S. Van Buren St.; C ss C Liquor License for Airliner Bar, 22 S. Clinton St.; Out oor Service Area for Airlin r Bar, 22 S. Clinton St.; Class C Liquor License for T e Union Bar, 121 E. College St.; RES. 12 -366, TO ISSUE DANCING PERMIT to F II Fun Festival, 2140 Rochest Ave.; Class C Liquor License for Atlas World rill, 127 Iowa Ave. Resolutions and Motions- RES. 12 -367, ABOLISHING THE UTH ADVISORY COMMISSION FOR THE OF IOWA CITY, IOWA, AND REP LING RESOLUTION NO. 05 -37 ; RES. 12 -368, AUTHORIZING THEM YOR TO SIGN AND CITY CLERK TO TEST A LEASE AGREEMENT WITH BU INGTON TRAILWAYS FOR C RT STREET TRANSPORTATION CENTER PACE; RES. 12 -369, ACCEPTIN THE WORK FOR THE FY2011 ELEVATOR MODERNIZATION ROJECT; RES. 12 -370, ACCEPTING THE WOR FOR THE NORTH MARKET QUARE PARK PAVILION PROJECT; RES. 12 -371 ACCEPTING THE WORK FOR THE SANITARY SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR MACKINAW VILLAGE - PART FOUR, Official Actions August 21, 2012 Page 2 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 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 Official Actions August 21, 2012 Page 3 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 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 Official Actions August 21, 2012 Page 4 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 and seconded 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). Moved and seconded 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. 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. Moved and seconded 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, be given first vote. Helene Hembreiker, 3002 Parkview Avenue, and'Tom Davis appeared. Atty. Bob Downer, representing Oaknoll, requested waiver of the second consideration and the ordinance adopted at this time. 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 the 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), be voted on for final passage at this time. 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 and seconded 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 and seconded that the ordinance vacating the public right -of -way of Spring Street, be given second vote. 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 -4488, AMENDING CERTAIN PARAGRAPHS WITHIN TITLE 14, ZONING Official Actions August 21, 2012 Page 5 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 and seconded that the ordinance be finally adopted at this time. Moved and seconded 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. 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. Moved and seconded 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. Moved and seconded 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 Development Subdivision with an option to purchase Lot 13 and authorizing conveyance. Bill Wittig, representing the owner, requested approval. Moved and seconded 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 and seconded 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 and seconded 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. Moved and seconded that ordinance amending Title 4, Alcoholic Beverages, Chapter 5, Prohibitions and Restrictions, Section 3, Consumption or Possession in Official Actions August 21, 2012 Page 6 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 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 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. 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 and seconded that the ordinance receive second vote for consideration. Moved and seconded to accept correspondence from Rodney Anderson, Karen Kubby and William Nusser. Moved and seconded 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 and seconded to accept correspondence from Nancy Quellhorst. Moved and seconded 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. Karen Kubby, President, Iowa City Downtown District appeared. Moved and seconded to accept correspondence from Karen Kubby. Moved and seconded to adopt RES. 12 -396, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FY 2013 ASPHALT RESURFACING PROJECT. Moved and seconded 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 and seconded to accept correspondence from Louise From. Moved and seconded 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 and seconded 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. Official Actions August 21, 2012 Page 7 Moved and seconded 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 and seconded 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 and seconded 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. 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, 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. Moved and seconded to adjourn meeting at 9:50 p.m. 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 Submitted for publication — 8/29/12. n.4kA-ScLA ( *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 regu r meeting, 7:00 p.m. Mayor Hayek pre ding. Council Members present: Champion, ickens, Dobyns, Hayek, Mims, Payne hrogmorton. Absent: None. Staff members p sent: Markus, Fruin, Bentley, Dilke , Karr, Davidson, Fosse, O'Brien, Moran, Hargadin , Knoche, Tharp, Boothroy, Sand erg, Scott, Andrew. The Mayor proclaimed Mercy spital Guild 50th Anniversary — 012. Ron Reed, President and CEO and Carly Amb 'sco, Mercy Guild President cepting. Moved by Champion, seconded Payne that the items an recommendations in the Consent Calendar be approved a d /or adopted as amend Approval of Council Actions, su 'ect to corrections, as ecommended by the City Clerk: July 31 Council Work Sessio ; July 31 Special C uncil Formal Official & Complete (x2); August 13 Special Co ncil Formal Offi al & Complete. Receive and File Minutes of Board and Commis ons (any recommendations contained in minutes become effective my upon s arate Council action): Airport Commission — June 21; Historic Presery tion Co mission — May 10; Historic Preservation Commission — June 14; His ric Pr servation Commission — July 12; Planning & Zoning Commission — July 19; e ' r Center Commission — May 17. Permit Motions and Resolutions as Rec mended by the City Clerk. (New): Class C Liquor License for Micky's, C, dba Micky's Irish Pub, 11 S. Dubuque St.; Outdoor Service Area for %* ky ' LLC, dba Micky's Irish Pub, 11 S. Dubuque St.; Five -Day Class B Beer Pe it fo Iowa City Fall Fun Festival, Inc., dba Fall Fun Festival Tent A, 2140 Roches r Ave. /31/12 — 9/4/12); Five -Day Class B Beer Permit for Iowa City Fall Fun Fe ival, Inc., ba Fall Fun Festival Tent B, 2140 Rochester Ave. (8/31/12 — 9/4/12); tdoor Servi a Area Permit for Iowa City Fall Fun Festival, Inc., dba Fall Fun Fe ival, 2140 Roc ester Ave. (Renewal) Class C Liquor License for Chackalackal, I c., dba One Tw ty Six, 126 E. Washington St.; Class C Liquor License for Jaxc , LLC, dba BlackSt ne, 503 Westbury Dr. Suite 1.; Class C Liquor License for Geo ge's Buffet, Inc., dba eorge's Buffet, 321 E. Market St.; Class C Liquor License fo Eckhardt Management ba 2 Dogs Pub, 1700 S. First Ave. Suite Q; Class C L' uor License for Etre Res aurant Group, LLC, dba Takanami, 219 Iowa Ave.; ass C Beer Permit for IC P Stop, LLC, dba I.C. Pit Stop, 300 Kirkwood Ave.; lass C Beer Permit for New oneer Cooperative Society dba New Pioneer Co Op resh Food Market, 22 S. Van B ren St.; Class C Liquor License for Hall Place V ntures, Corp., dba Airliner Bar, 2 S. Clinton St.; Outdoor Service Area for Hall ace Ventures, Corp., dba Airliner B , 22 S. Clinton St.; Class C Liquor Licen a for Cream, LLC, dba The Union Bar, 121 E. College St.; RES. 12 -366, TO I UE DANCING PERMIT to Iowa City Fa Fun Festival, Inc., dba Fall Fun Festival, 140 Rochester Ave.; Class C Liquor Licen a for Atlas World Grill, Inc., dba Atlas W rld Grill, 127 Iowa Ave. Resolutions nd Motions: RES. 12 -367, ABOLISHING THE YOUTH ADVISORY COMMISSIO FOR THE CITY OF IOWA CITY, IOWA, AND RE EALING RESOLUTIO NO. 05 -371; RES. 12 -368, AUTHORIZING THE MAYOR TO SIGN AND CITY LERK TO ATTEST A LEASE AGREEMENT WITH BURLINGTON TRAIL WA S 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. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk