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HomeMy WebLinkAbout2012-09-18 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES SEPTEMBER 18, 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, Throgmorton. Absent: Payne. Staff members present: Markus, Fruin, Dilkes, Karr, Bentley, Davidson, O'Malley, Fosse, Knoche, Boothroy. The Mayor proclaimed Constitution Week — September 17 -23. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Champion, seconded by Dickens, that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: August 21 Council Work Session; September 4 Council Work Session; September 4 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): Ad Hoc Diversity Committee — August 29; Planning & Zoning — August 2; Planning & Zoning — August 16; Police Citizens Review Board — August 14; Senior Center — July 19. Permit Motions and Resolutions as Recommended by the City Clerk. (New) Class C Liquor License for Iron Hawk, LLC, dba Iron Hawk, 122 E. Washington St.; (Renewal): Special Class C Liquor License for Prairie Lights Books, Inc. dba Times Club at Prairie Lights, 15 S. Dubuque St.; Class C Beer Permit for Kum & Go, LC, dba Kum & Go #51, 323 E. Burlington St.; Class C Beer Permit for Kum & Go, LC, dba Kum & Go #52, 25 W. Burlington St.; Class C Beer Permit for Hawkeye Oil Company dba Scott Blvd. Hawkeye Convenience Store, 2875 Commerce Dr.; Class C Beer Permit for Hy -Vee, Inc., dba Hy -Vee Gas #1, 260 Stevens Dr.; Class E Liquor License for Jason Caylor dba Liquor Downtown, 315 S. Gilbert St.; Class C Liquor License for Bread Garden of Iowa City, LC, dba Bread Garden Market and Bakery, 225 S. Linn St.; Class C Liquor License for Saloon of Iowa City, LC, dba The Saloon, 112 E. College St. Resolutions and Motions: RES. 12 -418, AWARDING CONTRACT to Jasper Construction Services for $ 410,295.00, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE DEWEY STREET BRICK RECONSTRUCTION PROJECT; RES. 12 -419, ACCEPTING THE WORK FOR THE 2012 ROCHESTER AVENUE GROUND STORAGE RESERVOIR REHABILITATION PROJECT; RES. 12 -420, ACCEPTING THE WORK FOR THE SANITARY SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR BROOKWOOD POINTE SECOND ADDITION, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 12 -421, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR STONE BRIDGE ESTATES - PART SEVEN, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 12 -422, ACCEPTING THE WORK FOR THE EECBG MERCER LOBBY, LOCKER ROOM & SCANLON GYM IMPROVEMENT PROJECTS 2011 [F /K/A EECBG MERCER RECREATION CENTER IMPROVEMENTS]; Approve Complete Description September 18, 2012 Page 2 disbursements in the amount of $14,295,646.79 for the period of August 1 through August 31, 2012, as recommended by the Finance Director subject to audit; RES. 12 -423, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARKING COVENANT FOR 114 SOUTH DUBUQUE STREET, IOWA CITY, IOWA Setting Public Hearings: RES. 12 -424, SETTING A PUBLIC HEARING ON OCTOBER 2, 2012, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT (KIRKWOOD AVE. TO 1sT AVE.), DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Correspondence: Acting Traffic Engineering Planner regarding Installation of (2) NO PARKING ANYTIME signs and supplemental arrows in front of 140 and 148 Primrose Court; Acting Traffic Engineering Planner regarding Installation of (1) Iowa City Transit BUS Stop / NO PARKING sign and (1) NO PARKING CORNER TO HERE sign at the northwest corner of the William Street / Bradford intersection; Acting Traffic Engineering Planner regarding Installation of (1) STOP sign at the northeast corner of the (south) Dewey Street / N. Summit Street intersection; Acting Traffic Engineering Planner regarding Installation of (2) NO PARKING ANY TIME signs in the 2600 block of Roberts Road adjacent to the Pheasant Ridge Neighborhood Center; City Engineer regarding Competitive Quotation Result (CDBG Asbestos Abatement — Contract # 8); Kenneth Longdon regarding Iowa City Police Petition; Letter from 34 Transit drivers regarding Support for recommendations for changes in routes [Staff response included]; Brad Sladek regarding Allowing bars to seat patrons in the street; Donald Baxter regarding Bicycling on Benton Street. [Staff response included], Melvin Lorenzo Kelly regarding Homelessness and Education in America 2013; Kelly O'Berry regarding Noise from the Regina Fall Fun Festival [Staff response included]; Elva Craig regarding Getting rid of plastic bags; Edward St. John regarding Thornberry Dog Park [Staff response included]; Robert Cargill regarding Request to address the City Council (Revenue Division billing practices) [Staff response included]; Kathleen Henderson regarding Garbage Fees; John & Martha Monick, Bill & Lyda Brown, George & Barbara Sondag, Doug & Mary Kathryn Wallace, Bruce & Mary Gantz, Willis & Beverly Johansen, Jean Davidson, Ed Warth, Earlene & Robert Slaymaker, Ivan Hall III, Kristen Cayler & Brandon Menke, David Russo, Mishelle Paullus, Angela & Terry Tegen, Harvey & Maxine Miller, Karen Fox & Charlie Eastham, Peter & Alexis Riley, Thomas Novak, Joel Wilcox, Tom Bockenstedt and Celeste Holloway, Mary Jo Davidson, Amy Becker, Kay and Tracy Hansen, Karlen and Robert Fellows, Joellen Shoemaker, Carol Seydel, Barb and Joe Tobin, Kurt Kimmerling, David and Bethany Swenning, Gordon and Tammi Craft, Gary Hughes, Burghard Schoenfeld, Dale Simon, regarding Taft Floodwall (levee); Jerry Warner regarding Need two ordinances i.e. bathroom vent fan control; Marcia Goldsborough and Michelle Wiegand regarding Climbing Wall at Recreation Center. [Staff response included x2]; Candida Maurer; Nancy Carlson regarding Neighborhood Preservation; Nick Hassett regarding Chicago to Omaha Rail Line [Staff response included]; Leonard Sandler regarding Sidewalk Cafes. Complete Description September 18, 2012 Page 3 Mary Gravitt, 2714 Wayne Ave., requested half hour transit service for the mall area. Steve Gaer, R &R Realty Group and Steve Moss, Moss Office Park, requested Council action to speed up development of the office park development. Mary Murphy, Parkview Terrace and Jim White, 121 Taft Speedway appeared regarding the Taft floodway (levee). Caroline Dieterle, 727 Walnut, appeared regarding reducing plastic bag usage. Moved by Mims, seconded by Dickens, to set a public hearing for October 2 on an ordinance conditionally rezoning 172 acres of land from Interim Development — Research Park (ID -RP), Planned Development — Mixed Use (OPD -MU), Planned Development — Research Development Park (OPD -RDP), and Planned Development — Office Research Park (OPD -ORP) to approximately 15.8 acres of planned development — Highway Commercial (OPD- CH -1), 27.97 acres of Research Development Park(RDP), and 129.12 acres to Interim Development — Research Park (ID -RP) for property located west of Highway One and north of Interstate 80. (REZ12- 00005 /REZ12- 00006) (Moss Office Park and formerly known as Moss Green Urban Village) A public hearing was held on an ordinance rezoning approximately .034 acres located at 518 Bowery Street as an Iowa City Historic Landmark (REZ12- 00014). The Mayor requested Council Members to disclose any ex parte communications and none were reported. PCD Dir. Davidson presented a power point. Individual Council Members expressed their views. Moved by Mims, seconded by Dickens, that ordinance rezoning approximately .034 acres located at 518 Bowery Street as an Iowa City Historic Landmark (REZ12- 00014), be given first vote.. The Mayor declared the motion carried, 5/1, with the following division of roll call vote: Ayes: Dickens, Hayek, Mims, Throgmorton, Champion. Nays: Dobyns. Absent: Payne. Moved by Champion, seconded by Throgmorton, that 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 second vote. Moved by Mims, seconded by Dickens, that ORD. 12 -4494, 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 passed and adopted. The Mayor requested Council Members to disclose any ex parte communications and none were reported. Moved by Dobyns, seconded by Dickens, that ORD. 12 -4495, 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 passed and adopted. PCD Dir. Davidson present for discussion. The following individuals appeared: Bryson Dean, 310 Scott Ct.; Misty Rebik, 625 S. Governor; and Ricardo Mantilla, 1033 S. 7" Ave. A public hearing was held on a resolution amending the FY2013 Operating Budget. Finance Dir. O'Malley present for discussion. Individual Council Members expressed their views. Complete Description September 18, 2012 Page 4 Moved by Mims, seconded by Throgmorton, to adopt RES. 12 -425, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 2013. Moved by Mims, seconded by Dobyns, 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 -4496, 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 voted on for final passage at this time. Adm. Asst. to the City Manager Bentley summarized his memo regarding outreach efforts. Moved by Mims, seconded by Dobyns, that the ordinance be finally adopted at this time. Moved by Mims, seconded by Champion, to adopt RES. 12 -426, DETERMINING THE NECESSITY OF AND SETTING DATES OF A CONSULTATION AND PUBLIC HEARING ON A PROPOSED AMENDMENT NO. 10 TO THE CITY- UNIVERSITY PROJECT I URBAN RENEWAL PLAN IN THE CITY OF IOWA CITY, IOWA. PCD Dir. Davidson presented a power point. Individual Council Members expressed their views. 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, October 17, 2012. The Mayor noted the current vacancies: Board of Appeals for two vacancies, one Home Builders Association Representative and one Licensed Plumber, for a five -year terms January 1, 2013 - December 31, 2017; Board of Adjustment for a five -year term, January 1, 2013 - January 1, 2018; Human Rights Commission for three vacancies to for three -year terms, January 1, 2013 - January 1, 2016; Parks and Recreation Commission for two vacancies for four -year terms, January 1, 2013 - January 1, 2017; Public Art Advisory Committee for a three -year term, January 1, 2013 - January 1, 2016; Senior Center Commission for three vacancies to fill three -year terms, January 1, 2013 - December 31, 2015. Applications must be received by 5:00 p.m., Wednesday, November 7, 2012. Moved by Throgmorton, seconded by Dickens, to accept correspondence from Donna Henry resigning from the Ad Hoc Diversity Committee. Staff will proceed as directed at the work session regarding the vacancy for an unexpired term ending March 10, 2013, and report back at the October 2 meeting. 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 Dickens reported on the North Market Square Park grand re- opening and the great turnout for activities, noting the Mayor's wife won the rubber chicken throwing contest. Complete Description September 18, 2012 Page 5 *12/13/12 REVISED Council Member Throgmorton referenced the Constitution Week proclamation earlier in the meeting, and emphasized the rights citizens have because of the Constitution, especially amendments 14 and 15. *Mayor Hayek thanked UISG liaison Matt Uttermark and alternate Alec Bramel for their leadership in helping the UISG government pass a resolution endorsing passenger rail; and asked them to pass along his thanks to the student government. In response to City Manager Markus, PCD Dir. Davidson announced that the American Planning Association Iowa Chapter has named the Univer -City Neighborhood Partnership Program as an award recipient to be presented at the state conference on November 1St in Ames. Moved by Mims, seconded by Dickens, to adjourn meeting at 8:15 p.m. Matthew J. Hayek, jror� /���� �• 7�2•fi3� Manan K. Karr, City Clerk Complete Description September 18, 2012 Page 5 Coun 'I Member Throgmorton referenced the Constitution Week proclamation earlier in the mee ' g\P�rogram and emphasized the rights citizens have because of the Constitution, especially a ents 14 and 15. Mayor Hnked UISG liaison Matt Uttermark and alternate Alec Baldwi or their leaderelping the UISG government pass a resolution endorsing p ssenger rail; and asto pass along his thanks to the student government. In respoManager Markus, PCD Dir. Davidson announced t t the American PA ociation Iowa Chapter has named the Univer -Cit eighborhood Partnership a an award recipient to be presented at the stat confere nce on November es. Moved , secon ed by Dickens, to adjourn meeting at 8' S p.m. 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 — 9/4/12 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. *Unless otherwise noted, all actions were affirmative and unanimous. Moved and seconded that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: 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, Riverside Festival Stage - 200 E. Park Road; Class C Liquor License for Mexico Waynes, 521 Westbury Dr. (Renewal): Special Class C Liquor License for Yen Ching, 624 S. Gilbert St.; Class C Liquor License for Motley Cow Cafe, 160 N. Linn St.; Class C Liquor License for Short's Burger and Shine, 18 S. Clinton St.; Class C Liquor License for Gabe's, 330 E. Washington St.; Outdoor Service Area for Gabe's, 330 E. Washington St.; Class C Beer Permit for Casey's General Store #2781, 1410 Willow Creek Dr.; Class C Beer Permit for Casey's General Store #2761, 204 N. Dubuque St.; Class C Liquor License for 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 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 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. The cost dpublishing the following proceedings and claims is $ Cumulative bpst for this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS — 9/4/12 Iowa City City Opuncil regular meeting presiding. Council embers present: Ch Payne, Throgmorton. bsent. None. Moved and second that the items a be received, or approve , and /or adopted Approval of Counci ctions, subje Clerk: August 21 Speci Council For Council Formal Official & omplete. Receive and File Minute contained in minutes become and Community Developmen July 17; Police Citizens Revi July 23. Permit Motions and Resolutions s (New): Two Fourteen -Day Special a Riverside Festival Stage - 200 E. Par Waynes, 521 Westbury Dr. (Renewal) Ching, 624 S. Gilbert St.; Class C Liqu St.; Class C Liquor License for Short' Liquor License for Gabe's, 330 E. a 330 E. Washington St.; Class C er Willow Creek Dr.; Class C Beer ermi Dubuque St.; Class C Liquor icense f Resolutions and Motion . RES. 12 FINANCIAL REPORT FO HE FISC 403, AUTHORIZING TH MAYOR TO CONTRACT FOR AU SERVICES IOWA CITY FINANC L STATEMENT PROCUREMENT A 2013 PIERCE AUTHORIZING T E MAYOR TO SIG MONTH EXTE ION OF THE AGRE TELEVISION, C.; RES. 12 -406, AC HILL PARK UBLIC RESTROOM BUI AUTHORI NG THE MAYOR TO SIG AGREE NT WITH FILMSCENE TH BEER DER LIMITED CIRCUMST SEPT MBER AND OCTOBER; RES. CDB DEMOLITIONS PROJECT - C TH DEDICATION OF AND AUTHORI 7:00 p.m. at City Hall. Mayor ampion, Dickens, Dobyns, Hay nd recommendations in the of as amended: ayek , Mims, nt Calendar ct to corrections, as rec mmended by the City mal Official & Comple ; August 21 Regular of Boards and Commiss effective only upon sep t ommission — May 1 , ew oard — July 10; T e Bu shingt Permit t for C or Lo -402, AL YE SIG FOR S; RE IMPE N AN EMEN CEPT LDIN N AN AT AL ANCE 12 -4 )NT Pi ,TER DETENTION FACILITY EASEMEN my�iended by the City Clerk. quor Licenses for FilmScene, ; Class C Liquor License for Mexico ;ial Class C Liquor License for Yen anse for Motley Cow Cafe, 160 N. Linn er and Shine, 18 S. Clinton St.; Class C n St.; Outdoor Service Area for Gabe's, r Casey's General Store #2781, 1410 as y's General Store #2761, 204 N. Los io (any recommendations ate Council action): Housing Human Rights Commission — communications Commission — Po ales, 1402 S. Gilbert St. APP OVING THE CITY STREET AR EN ING JUNE 30,2012; RES. 12- N AND T E CITY CLERK TO ATTEST A THE FISC L YEAR 2012 CITY OF S. 12 -404, UTHORIZING THE L PUC FIRE NGINE; RES. 12 -405, D THE CITY C RK TO ATTEST A SIX - T WITH PUBLI CCESS ING THE WORK OR THE COURT G PROJECT; RES. 2 -407, D THE CITY CLERK ATTEST TO AN LOWS THE SALE OF INE AND S IN CITY PARK ON FIV DAYS IN 08, ACCEPTING THE WO FOR THE RACT #6; RES. 12 -409, ACC PTING THE MAYOR TO ENTER IN STORM T AGREEMENT PERTAINING 0 LOT Official Actions September 4, 2012 Page 2 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 and seconded to accept correspondence. Moved and seconded 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. Moved and seconded 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 and seconded 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. 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 second vote. The following individuals appeared: Tom Davis, 1025 S. Riverside Dr.; Evan Fales, 1215 Oakcrest St.; and Rebecca Rosenbaum, Howell St. Moved and seconded 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. Official Actions September 4, 2012 Page 3 Moved and seconded 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. Moved and seconded that ORD. 12 -4491, VACATING THE PUBLIC RIGHT -OF- WAY OF SPRING STREET (VAC12- 00004), be passed and adopted. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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 Clerk to publish notice to bidders, and fixing time and place for receipt of bids. 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. Moved and seconded to accept correspondence from Mary Murphy, Jim and Ann Elmborg, Craig Jarvie. Moved and seconded 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, Official Actions September 4, 2012 Page 4 DIRECTING THE CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Moved and seconded 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. Moved and seconded to accept correspondence from Kaleb Hays. Moved and seconded 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 and seconded 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 and seconded to accept correspondence from Anthony Browne. Moved and seconded to adopt 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 amend the resolution by removing street cafes, and adding language to provide a lottery for planter cafes if needed. 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 and seconded 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 RESOLUTION NO. 07 -227, as amended. Moved and seconded to accept correspondence from Anthony Browne, Lisa Barnes, Rodney Anderson. Moved and seconded 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. Moved and seconded to accept correspondence from Palmer Holden and Qianqian Huang. Moved and seconded 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 and seconded 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. Official Actions September 4, 2012 Page 5 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. Moved and seconded to adjourn meeting at 9:25 p.m. A more complete description of Council Activities is on file in the office of the City Clerk. s /Matthew J. Hayek, Mayor s /Marian K. Karr, City Clerk Submitted for publication — 9/12/12. ( *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 ■ 3a 3 City Clerk's Office 356 -5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES SEPTEMBER 4, 2012 Iowa City City C ncil regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council M bers present: Champion, Dickens, Dobyns, Hayek, ims, Payne, Throgmorton. sent: None. Staff members present: Markus, F in, Dilkes, Karr, Davidson, Fosse, K oche, Bentley, Moran, Hargadine, Cohn, O'M ey, Laverman, Sandberg, Bird, Goers, An ew. Moved by Champion, sec ded by Throgmorton, that the items a recommendations in the Cons e t Calendar be received, or approve , and /or adopted as amended: Approval of Council Actions, ubject to corrections, as rec mended by the City Clerk: August 21 Special Counci ormal Official & Complet ; August 21 Regular Council Formal Official & Complete. Receive and File Minutes of Boar and Commission (any recommendations contained in minutes become effective my upon separ to Council action): Housing and Community Development Commissi — May 17; uman Rights Commission — July 17; Police Citizens Review Board — J 10; Tel communications Commission — July 23. Permit Motions and Resolutions as Reco ded by the City Clerk. (New): Two Fourteen -Day Special Class C Liq r Licenses for FilmScene dba FilmScene, Riverside Festival Stage - 200 E. a Road; Class C Liquor License for Mexico Waynes, LLC, dba Mexico Waynes, 21 stbury Dr. (Renewal): Special Class C Liquor License for Yen Ching IC, rp. dba Yen Ching, 624 S. Gilbert St.; Class C Liquor License for Corner of the eadow, In , dba Motley Cow Cafe, 160 N. Linn St.; Class C Liquor License for ort's Burger d Shine, LLC, dba Short's Burger and Shine, 18 S. Clinton St.; C ss C Liquor Lice se for Gabe's Oasis, LLC, dba Gabe's, 330 E. Washington St.; utdoor Service Are for Gabe's Oasis, LLC, dba Gabe's, 330 E. Washington St.- Class C Beer Permit f Casey's Marketing Company dba Casey's General S re #2781, 1410 Willow C ek Dr.; Class C Beer Permit for Casey's Marketing C pany dba Casey's General tore #2761, 204 N. Dubuque St.; Class C Liquor icense for Los Portales Mexican estaurant, Inc., dba Los Portales, 1402 S. Gilbe St. Resolutions and Motio :RES. 12 -402, APPROVING THE Cl STREET FINANCIAL REPORT FO THE FISCAL YEAR ENDING JUNE 30, 012; RES. 12- 403, AUTHORIZING T MAYOR TO SIGN AND THE CITY CLER TO ATTEST A CONTRACT FOR AU IT SERVICES FOR THE FISCAL YEAR 2012 ITY OF IOWA CITY FINANC AL STATEMENTS; RES. 12 -404, AUTHORIZIN THE PROCUREMENT A 2013 PIERCE IMPEL PUC FIRE ENGINE; RE . 12 -405, AUTHORIZING T E MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SIX - MONTH EXTE ION OF THE AGREEMENT WITH PUBLIC ACCESS TELEVISION, C.; RES. 12 -406, ACCEPTING THE WORK FOR THE COURT HILL PARK P BLIC RESTROOM BUILDING PROJECT; RES. 12 -407, AUTHORIZI G THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEM T WITH FILMSCENE THAT ALLOWS THE SALE OF WINE AND BEER U ER LIMITED CIRCUMSTANCES IN CITY PARK ON FIVE DAYS 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 Hubei, 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. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk i- CITY OF IOWA CITY nrm-r- -27MR ' M EMORANDU M , Date: September 4, 2012 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, August 21, 2012, 5:40 PM in Emma J. Harvat Hall Council: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton UISG Rep: Uttermark Staff: Markus, Fruin, Bentley, Dilkes, Karr, Davidson, Moran, Knoche, O'Brien, Fosse, Dulek, Hargadine, Boothroy, Jordan, Scott, Sandberg, Elias (A complete transcription and power point presentations are available in the City Clerk's Office and the City website.) PROPOSED CHANGES TO THE SIDEWALK CAFE ORDINANCE (INCLUDING USE OF PARKING SPACES AND PLANTERS AND ADMINISTRATIVE RULES) [Agenda #12 & #13] PW Dir. Fosse presented power point. Assistant to the City Manager Fruin and Asst. City Atty. Dulek present for discussion. Majority agreed to discuss further at the formal meeting. QUESTIONS FROM COUNCIL RE AGENDA ITEMS 1. (Consent Calendar item # 3d(11) - Resolution... license agreement ... West Liberty Telephone Company .... use of certain public rights -of -way ... fiber optic network) In response to Council Member Payne, City Atty. Dilkes explained that the excavation details and terms would be handled through the Public Works permitting process and the purpose of the agreement was to permit use of the rights -of -way. 2. (Consent Calendar # 3d(17) — Resolution ... subordination agreement ... properties located at 720, 724, 728, & 732 Foster Road and 701, 705, 709, & 713 Arch Rock Road...) In response to Council Member Dickens, City Atty. Dilkes and City Manager Markus stated the procedure that occurs when the homeowner refinances and their primary lender wants to be in the first spot and have enough equity to take us out of that position. 3. (Agenda items # 12 - Ordinance amending Title 10 ... commercial use of sidewalks ... to regulate sidewalk cafes primarily by policy and administrative rules ... and # 13 — Resolution adopting a policy for use of public right -of -way for sidewalk cafes ... ) City Atty. Dilkes and City Clerk Karr stated Council could proceed with adoption of item # 12 and defer or amend # 13. 4. (Agenda item # 10 — Ordinance amending Title 5 ... "Keeping a Disorderly House"... to add another basis for a rental permit sanction.) HIS Dir. Boothroy responded to questions. More information and a presentation is planned at the formal meeting. 5. (Agenda item # 14 — Resolution ... Department of Justice Office of Community Oriented Policing Services (COPS) ...) City Manager Markus and Police Chief Hargadine responded to questions. Council Work Session August 21, 2012 Page 2 6. (Agenda item # 21 — Granting 60 day extension to the Police Citizens Review Board ... Complaint # 12 -01) Council Member Payne noted that the item referred to and "additional extension" but noted that Council was considering the request for the first time. 7. (Consent Calendar # 3d (1) — Resolution ... abolishing the Youth Advisory Commission ...) Council Member Dobyns explained that he and City Clerk Karr would be communicating with the principals of each of the four high schools on establishment of an "as needed" committee to respond to youth issues. PRESENTATION ON USE OF MUNICIPAL WASTE FOR ETHANOL PRODUCTION (FIBERIGHT COMPANY) PW Dir. Fosse introduced Steve Gerber from Fiberight Company who presented power point on the process. Wastewater Division Supt. Elias present for discussion. STAFF ACTION: Majority directed staff to continue working on the proposal and report back. (Fosse) QUESTIONS FROM COUNCIL RE PLANNING & ZONING ITEMS # 5c 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. present for discussion, and displayed the map showing locations. (Recessed to formal meeting 6:40 PM; returned to work session 9:55 PM) LANDFILL UPDATE PW Dir. Fosse introduced design engineer Jon Scharf from HR Green, who presented power point on the landfill fire since the last update on June 5; and steps necessary to restore the FY09 cell, including cost estimates and schedules. STAFF ACTION: No action at this time. (Fosse) INFORMATION PACKET DISCUSSION [August 2, 9,16] ➢ August 2 and August 9 No discussion. ➢ August 16 (IP5 — Memo form Communications Coordinator ... Website Design) Council Member Throgmorton acknowledged the memo regarding new website design and stated he felt it was a great improvement. COUNCIL TIME / PENDING WORK SESSION TOPICS [IP #3] Majority of Council requested the following items be added to the pending lists for future work session discussions: • Possible reduction in the distance between restaurant / drinking establishments outside the university impact area from 500 to 200 feet, including availability of restaurant to stay open longer than midnight • Schedule flood mitigation project update (September) Meeting adjourned 10:30 PM. 1 r i VIII - - ®,� CITY OF IOWA CITY MEMORANDUM Date: September 13, 2012 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, September 4, 2012, 5:40 PM in Emma J. Harvat Hall Council: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton UISG Rep: Uttermark (5:35) 3a... tm Staff: Markus, Fruin, Bentley, Dilkes, Karr, Davidson, Moran, O'Brien, Fosse, Dulek, Hargadine, Laverman, Sandberg (A complete transcription and power point presentations are available in the City Clerk's Office and the City website.) QUESTIONS FROM COUNCIL RE PLANNING & ZONING ITEMS # 4a SETTING 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) # 4b 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. PCD Dir. present for discussion. QUESTIONS FROM COUNCIL RE AGENDA ITEMS 1. (Agenda item # 8 — Ordinance ... amending Title 8 entitled "Police Regulations" ... 'Keeping A Disorderly House" ... and Title 17 entitled "Building and Housing" ... to add another basis for a rental permit sanction.) Police Chief Hargadine, City Manager Markus, City Atty. Dilkes, Sr. Hsg. Inspector Laverman, and Asst. to the City Manager Fruin responded to questions. Council directed staff to prepare easily understood information on the change for distribution to the stakeholders. 2. (Agenda item # 7 - Public hearing ... resolution approving .. Normandy Drive Restoration Project ...) In response to Council Member Dobyns, Parks & Rec. Dir. Moran stated a presentation and update will be provided at the formal meeting. PROPOSED CHANGES TO THE SIDEWALK CAFE ORDINANCE (INCLUDING USE OF PARKING SPACES AND PLANTERS AND ADMINISTRATIVE RULES) [Agenda #10 & #11] PW Dir. Fosse, Asst. to the City Manager Fruin, and Transportation Dir. O'Brien present for discussion. Majority were interested in removing the street cafes from the ordinance and adding a lottery for planter cafes. In addition a majority expressed an interest to implement street cafes in the spring after staff provided further information regarding: • Implementation schedule • Use of space beyond property line • Adjacent property owners consent Council Work Session September 4, 2012 Page 2 CITY SPONSORED EVENT FUNDING APPLICATION PROCESS PP31 Asst. to the City Manager Fruin answered questions regarding the proposal outlined in the memo. Majority agreed to proceed as presented. STAFF ACTION: Notify organizations and departments of budget presentation change. ( Fruin) QUESTIONS FROM COUNCIL RE AGENDA ITEMS (continued) 3. (Agenda item # 12 - Resolution ... award contract.. Tyler Technologies ... financial, human resources, payroll and utility customer information software.) Finance Dir. O'Malley and City Atty. Dilkes present for discussion. A presentation is planned for the formal meeting later in the evening. 4. (Consent Calendar item # 2d(3) - Resolution ... authorizing procurement of a 2013 Pierce Impel PUC fire engine.) Finance Dir. O'Malley and City Manager Markus responded to questions. of item # 12 and defer or amend # 13. INFORMATION PACKET DISCUSSION [August 23, 30] ➢ August 23 1. (IP6 — Memo from Community Development Coordinator ... Burlington Street Dam Mitigation Project Update.) PCD Dir. Davidson present for discussion. 2. (IP5 - Copy of email from Public Works Dir.: South Side Levee Project) In response to Council Member Throgmorton, Public Works Dir. Fosse reported that the Project Engr. was working on setting up a pre- design meeting with residents in the next month. ➢ August 30 1. (IP10 —Memo from City Clerk: [CAD Group Annual Meeting) Council Member Throgmorton indicated to City Clerk Karr his interest to attend. 2. (IP11 - Copy from City Manager: Iowa City UNESCO City of Literature Fiscal 2012 Annual Report) Council Member Throgmorton noted the report and encouraged everyone to read it. 3. (IP5 - Copy of memo to City Manager from Administrative Assistant: DCS /CCIA AmeriCorps Living Allowance Funding Request) In response to Council Member Dobyns, City Manager Markus stated the memo required no action and was prepared for information only. COUNCIL TIME / PENDING WORK SESSION TOPICS [IP #2] 1. Council Member Payne reported on a number of calls from Kum & Go representatives for a meeting and questioned if other Council Members have received the call or met with representative. Mayor Hayek suggested that Council Members refer to them to the City Manager's office or appropriate staff prior to meeting with representatives. City Manager stated his office could then refer individuals to the appropriate staff. 2. Council Member Payne noted that the Human Rights Commission minutes have referred to waiting for some response from Council. City Manager Markus recalled the issues were sent back to them to study but would follow up. Council Work Session September 4, 2012 Page 3 3. UISG Rep. Uttermark reported that the University of Iowa Student Government should be passing a resolution supporting the interstate rail project between Chicago and Council Bluffs at their September 11 meeting. 4. UISG Rep. Uttermark questioned if the $750 fine contained in item # 8 "Disorderly House" could be applied per resident. City Atty. Dilkes stated it could be but the memo from HIS stated it was not their intention to issue a municipal infraction to an individual. 5. Council Member Throgmorton reported on the presentation by Professor Victor Regnier on housing opportunities for older people who live near universities. 6. Council Member Throgmorton said he would be sending City Manager Markus a few suggestions relative to the Taft Speedway floodwall and asked staff to consider them as they prepare their flood update to Council. 7. Mayor Hayek and Council Member Payne noted the invitation to attend the celebration on the renovation of North Market Square Park on September 9. Meeting adjourned 6:35 PM.