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HomeMy WebLinkAbout2012-10-02 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 OCTOBER 2, 2012 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. Staff members present: Markus, Fruin, Bentley, Karr, Dulek, Davidson, Havel. The Mayor proclaimed Fire Prevention Week — October 7 -13, Fire Lieutenant Swanson accepting. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Mims, seconded by Dobyns, that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as amended and to defer Item 3d(2) Awarding Contract for the Public Works Fuel Facility to October 23rd: Approval of Council Actions, subject to corrections, as recommended by the City Clerk; September 18 Council Work Session; September 18 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 — September 10; Ad Hoc Diversity Committee — September 17; Board of Adjustment — July 11. Permit Motions and Resolutions as Recommended by the City Clerk. (Renewal): Class C Liquor License for Givanni's of Iowa City, Inc., dba Givanni's, 109 E. College St.; Class C Liquor License for I.C.B.B., Ltd.. dba The Brown Bottle, 115 E. Washington St.; Class C Liquor License for Micky's, LLC, dba Micky's Irish Pub, 11 S. Dubuque St.; Class C Beer Permit for Dan's Short Stop Corp., dba Dan's Short Stop Corp., 2221 Rochester Ave.; Class C Beer Permit for ND Express, Inc. dba North Dodge Express, 2790 N. Dodge St.; Class C Beer Permit for On The Go Convenience Stores, Inc. dba On The Go Convenience Stores, Inc., 2315 Muscatine Ave.; Class C Liquor License for Mondo's of Iowa City, Inc. dba Joseph's Steakhouse, 212 S. Clinton St.; Outdoor Service Area for Iron Hawk, LLC, dba Iron Hawk, 122 E. Washington St. Resolutions and Motions: RES. 12 -427, AWARDING CONTRACT to Maxwell Construction for $ 112,138.80 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE LANDFILL GROUNDWATER UNDERDRAIN LIFT STATION PROJECT; RES. 12- 428, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE ROCHESTER AVENUE BRIDGE REPLACEMENT PROJECT; RES. 12 -429, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 2204 NEVADA AVENUE, IOWA CITY, IOWA; RES. 12 -430, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 2641 GABLE STREET IOWA CITY, IOWA; RES. 12 -431, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A Complete Description October 2, 2012 Page 2 SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, HILLS, IOWA FOR PROPERTY LOCATED AT 720, 724, 728 & 732 FOSTER ROAD AND 701, 705, 709 & 713 ARCH ROCK ROAD, IOWA; RES. 12 -432, AUTHORIZING THE CITY MANAGER TO EXECUTE A TEMPORARY ACCESS EASEMENT AGREEMENT WITH NEAL LLEWELLYN AND HILLS BANK AND TRUST FOR A PORTION OF LAND LOCATED ON NORTH DODGE STREET NORTH OF 1 -80, IOWA CITY, JOHNSON COUNTY, IOWA; RES. 12 -433, AUTHORIZING THE CITY MANAGER TO EXECUTE A TEMPORARY ACCESS EASEMENT AGREEMENT WITH NCS PEARSON, INC. FOR A PORTION OF 2510 NORTH DODGE, IOWA CITY, JOHNSON COUNTY, IOWA. Correspondence: City Engineer regarding Competitive Quotation Result (CDBG Asbestos Abatement — Contract # 7; 2012 Sewer Repairs); Edwin Stone regarding Iowa City Schools; Melvin Lorenzo Kelly regarding Violence in Music; William Ingles regarding Noise in the Neighborhoods. [Staff response included]; Mark Robe regarding Stop Light at McCollister Blvd. and Old Hwy. 218. [Staff response included]; Kurt Kimmerling (x2), Sally Cline, Susan Pappas, Mary Murphy & Greg Geerdes, George Sondag, James White regarding Taft Floodwall (levee) /Idyllwild Buyout; Roberta Till -Retz, John Shaw regarding Please consider Mike Wright's call (re neighborhoods); Elva Craig regarding Discussion of plastic bags; Melvin Lorenzo Kelly regarding Hurricanes and Tornados; Acting Traffic Engineering Planner regarding Extending the existing COMMERCIAL LOADING ZONE 30 MINUTE LIMIT 6AM -5PM one additional hour through 6 PM on the east side of the 200 block of South Linn Street, south of the driveway for 224 South Linn Street property; Mark Patton regarding Habitat for Humanity Day. Mark Patton, Iowa Valley Habitat for Humanity, noted earlier correspondence regarding reviewing priority for CDBG HOME process; correspondence just received regarding making home ownership for low income workable; and noted October 1 was World Habitat Day. Mary Gravitt stated her concerns regarding the detour for the Broadway bus. The following individuals appeared representing 100 Grannies for a Livable Future and urged Council to ban single use plastic bags: Becky Ross, Ann Christensen Moved by Champion, seconded by Dickens, to set a public hearing for October 2 on an ordinance rezoning 1.1 -acres of land located at 2225 Mormon Trek Boulevard from Intensive Commercial (CI -1) to Community Commercial (CC -2) (REZ12- 00020). A public hearing was held 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 Ridge Campus formerly known as Moss Green Urban Village and Moss Office Park). PCD Dir. Davidson presented a power point. The Mayor asked Council Members to disclose any ex parte communications and none were Complete Description October 2, 2012 Page 3 reported. Individual Council Members expressed their views. Brett Bosworth, R & R Realty Group, appeared. Moved by Mims, seconded by Payne, that the 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 (REZ1 2-00005/REZ1 2-00006), (Moss Ridge Campus formerly known as Moss Green Urban Village and Moss Office Park), be given first vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Dickens Dobyns, Hayek, Mims, Payne, Champion. Nays: Throgmorton. Moved by Payne, seconded by Dickens, that the ordinance rezoning approximately .034 acres located at 518 Bowery Street as an Iowa City Historic Landmark (REZ12- 00014), be given second vote. The Mayor asked Council Members to disclose any ex parte communications and Council Member Dobyns reported his conversation with Mayor Hayek. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Hayek, Mims, Payne, Throgmorton, Champion, Dickens. Nays: Dobyns. Moved by Champion, seconded by Mims, that ORD. 12 -4497, 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 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 Lower Muscatine Road Reconstruction Project (Kirkwood Ave. to 1St Ave.) [STP -U- 3715(654)-- 70 -52], establishing amount of bid security to accompany each bid, directing city clerk to publish notice to bidders, and fixing time and place for receipt of bids. Moved by Dobyns, seconded by Payne, to adopt RES. 12 -434, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT (KIRKWOOD AVE. TO 1ST AVE.) [STP -U- 3715(654)-- 70 -52], ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Moved by Mims, seconded by Payne, to adopt RES. 12 -435, ADOPTING A POLICY FOR USE OF PUBLIC RIGHT -OF -WAY FOR SIDEWALK CAFES AND RESCINDING RESOLUTION NO. 12 -414. Moved by Mims, seconded by Champion, to adopt RES. 12 -436, SUPPORT FOR THE NOVEMBER 6, 2012, JOHNSON COUNTY BOND REFERENDUM TO BUILD A JUSTICE CENTER. Amy Correia, Yes for Justice Center, presented a power point and distributed information. Individual Council Members expressed their views. Council Complete Description October 2, 2012 Page 4 Member Throgmorton announced he would be abstaining but realized it would be reflected as a unanimous vote in accordance with Res. 00 -117. Moved by Mims, seconded by Payne, to approve a tentative agreement between the City of Iowa City and the Iowa City Association of Professional Fire Fighters, IAFF, Local #610. City Manager Markus briefly reviewed the terms of the agreement. Moved by Champion, seconded by Dickens, to grant a 60 -day extension to the Police Citizens Review Board for the filing of the public report with the City Council on Complaint #12 -03. City Clerk Karr stated the Board would be reviewing the timeline for the reporting process at their October meeting. 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. Board of Appeals for two vacancies, one Home Builders Association Representative and one Licensed Plumber; Or a qualified trade representative, if after 3 months no professional applies or is appointed, to fill 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 fill three -year terms, January 1, 2013 — January 1, 2016; Parks and Recreation Commission for two vacancies to fill 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. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Moved by Mims, seconded by Throgmorton, to appoint La Tasha Massey, 2315 Friendship Street, to the Ad Hoc Diversity Committee for the remainder of an unexpired term ending March 10, 2013. (Per Council direction at their September 18th work session, previous applicant LaTasha Massey was contacted regarding her interest to serve on the Committee). Council Member Throgmorton noted Hunter Levins would be speaking at the University on October 4 regarding Climate Change, and sustainability; and reminded everyone of the Human Rights Breakfast planned for October 30 at the Sheraton with the keynote speaker Chad Simmons, Executive Director of Diversity Focus. Council Member Champion requested that single plastic bag ban be scheduled for a further discussion; remarked that home ownership for low income people should consider single family condos; and apologized for her earlier statement regarding the Magic Bus being for profit and clarifying it is a not for profit venture that supports the rugby team. Mayor Pro tem Mims thanked staff for their efforts referencing the Strategic Plan update re the City's financial strategies and acknowledged the City's Aaa bond rating, Complete Description October 2, 2012 Page 5 one of only four in the State; and the recent change in the City's fire rating going form a 3 to a 2, one of only two such ratings in the State. Council Member Dickens also thanked staff and the consultant for the presentation to the public on the newly proposed Riverfront Crossing Project crossing, and stated it was an exciting time for the City. Council Member Payne reported that the Johnson County Emergency Services building received a gold LEED rating. Council Member Dobyns announced a new program to the community entitled "Respecting Choices ", a program designed to train people about end of life decisions, and a meeting is scheduled for October 3. Mayor Hayek acknowledged the Strategic Plan update presented earlier in the evening and the numerous projects and initiatives underway in the community; reminded citizens of the second annual northside Oktoberfest planned for October 5 -6; and welcomed several classes of University journalism students to the meeting. Moved by Mims, seconded by Payne, to adjourn meeting 8:10 p.m. Matthew J. Hayek, Mayor ;n Ma ' n K. Karr, City Clerk CITY OF IOWA CITY MEMORANDUM Date: September 27, 2012 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, September 18, 2012, 5:00 PM in Emma J. Harvat Hall Council: Champion, Dickens, Dobyns (5:20), Hayek, Mims, Throgmorton. Absent: Payne. UISG Rep: Uttermark Staff: Markus, Fruin, Bentley, Dilkes, Karr, Davidson, Moran, Fosse, Dulek, Hennes, Sandberg, Long, Purdy, Ongie, Clark, Havel, Clow, Reichart, Knoche, Mansfield (A complete transcription and power point presentations are available in the City Clerk's Office and the City website.) QUESTIONS FROM COUNCIL RE AGENDA ITEMS 1. (Agenda item # 5 — Ordinance ... rezoning approximately .034 acres located at 518 Bowery Street as an Iowa City Historic Landmark...) In response to Council Member Champion, PCD Dir. Davidson indicated he would have a presentation regarding the item at the formal meeting. 2. (Agenda item # 7 — 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.) Council Member Throgmorton felt the memo from the Adm. Asst. to the City Manager regarding outreach efforts was very helpful. In response to UISG Liaison Uttermark, City Clerk Karr stated the ordinance had been changed and first consideration given at the 9/4 meeting; staff was requesting expedited action at this meeting. 3. (Agenda item # 8 — Resolution of necessity ... proposed amendment no. 10 to the City - University Project Urban Renewal Plan ...) In response to Council Member Throgmorton, PCD Dir. Davidson indicated he would have a presentation regarding the item at the formal meeting. FLOOD RECOVERY & MITIGATION UPDATE [IP3] PW Dir. Fosse distributed hard copy of the "City of Iowa City Flood Mitigation Projects - September 2012 (and map)" that was included in the information packet. Flood Buyout staffer Purdy and PCD Dir. Davidson present for discussion. City Attorney's office will prepare summary memo regarding flood assistance provided to Idyllwild prior to Council's discussion regarding the Taft Speedway levee. STAFF ACTION: None at this time. (Fosse) PROPOSED ADMINISTRATIVE RULES FOR STREET CAFES [IP4] PW Dir. Fosse reviewed his memo. Majority directed staff to: • Implementation of a lottery system for competing applications • Street and sidewalk cafes remain within property lines Council Work Session September 18, 2012 Page 2 Businesses with current agreement for a planter or street cafe will be given priority for the next two seasons Cafe owner obtains consent of adjacent owners and tenants for the first year only (and not all three years) Allow 4 foot buffer be extended beyond the property line without consent of adjacent owners or tenants The letter from Leonard Sandler distributed that evening (consent calendar) regarding restroom accessibility was discussed. Asst. to the City Manager Fruin and Senior Bldg. Inspector Hennes present for discussion. Majority agreed to not pursue the matter further. STAFF ACTION: Prepare resolution for October 2 meeting. (Fosse) INFORMATION PACKET DISCUSSION [September 6,13] ➢ September 6 No discussion ➢ September 13 1. (IP6 — Memo from City Clerk: schedule: September 19 — Dickens September 26 — Champion October 3 — Dickens October 10 — Hayek October 17 — Hayek October 24 — Dobyns October 31 — Throgmorton November 7 — Mims KXIC Radio Show) Majority agreed to the following COUNCIL TIME / PENDING WORK SESSION TOPICS [IP #5] 1. Council Member Throgmorton noted the minutes of the Ad Hoc Diversity Committee and asked that the petition from Kenneth Longdon received on the Consent Calendar and the minutes of the August 1 Criminal Justice Coordinating Committee in the information packet be forwarded to the Diversity Committee. 2. City Clerk Karr noted the addition to the agenda announcing the resignation of Donna Henry from the Ad Hoc Diversity Committee. After discussion Council directed staff to contact Committee Chair Botchway and ask if he wished to continue with six members or accept a new seventh member. No action would be taken on announcing the vacancy at this time. 3. Council Member Dobyns requested consideration of electronic distribution of late hand- outs. City Clerk Karr will provide information for the next work session. 4. Mayor Hayek and Council Member Dickens reported on attending 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. 5. Council Member Champion questioned whether Council would be discussing the ban on plastic bags. Council Member Throgmorton indicated he was expecting a response to the staff memo form the group "100 Grannies For a Livable Future ". Council Work Session September 18, 2012 Page 3 6. Mayor Hayek reported he had received an invitation to participate in a one hour panel discussion in Sioux City by the Alcoholic Beverages Division later this fall. Meeting adjourned 6:40 PM. 3�ii Zi 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 — 9/18/12 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, 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 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 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, 122 E. Washington St.; (Renewal): Special Class C Liquor License for Times Club at Prairie Lights, 15 S. Dubuque St.; Class C Beer Permit for Kum & Go #51, 323 E. Burlington St.; Class C Beer Permit for Kum & Go #52, 25 W. Burlington St.; Class C Beer Permit for Scott Blvd. Hawkeye Convenience Store, 2875 Commerce Dr.; Class C Beer Permit for Hy -Vee Gas #1, 260 Stevens Dr.; Class E Liquor License for Liquor Downtown, 315 S. Gilbert St.; Class. C Liquor License for Bread Garden Market and Bakery, 225 S. Linn St.; Class C Liquor License for The Saloon, 112 E. College St. Resolutions and Motions: RES. 12 -418, AWARDING CONTRACT 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 disbursements in the amount of $14,295,646.79 for the period of August 1 through August 31, 2012, as Official Actions September 18, 2012 Page 2 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. 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 Official Actions September 18, 2012 Page 3 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 and seconded 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). 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). Moved and seconded 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 and seconded 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 and seconded 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. Moved and seconded 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. The following individuals appeared: Bryson Dean, 310 Scott Ct.; Misty Rebik, 625 S. Governor; and Ricardo Mantilla, 1033 S. 7th Ave. A public hearing was held on a resolution amending the FY2013 Operating Budget. Moved and seconded to adopt RES. 12 -425, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 2013. 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- 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. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to adopt RES. 12 -426, DETERMINING THE NECESSITY OF AND SETTING DATES OF A CONSULTATION AND PUBLIC HEARING ON A Official Actions September 18, 2012 Page 4 PROPOSED AMENDMENT NO. 10 TO THE CITY- UNIVERSITY PROJECT I URBAN RENEWAL PLAN IN THE CITY OF IOWA CITY, IOWA. 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 and seconded 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.] Moved and seconded to adjourn meeting at 8:15 p.m. A more complete description of Council Activities and disbursements is on file in the office of the City Clerk and Finance Department. s /Matthew J. Hayek, Mayor s /Marian K. Karr, City Clerk Submitted or publication — 9/26/12. 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 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. 7tn 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, Mayor Marian K. Karr, City Clerk Complete Description September 18, 2012 Page 5 Council Me er Throgmorton referenced the Constitution Week proclamation a iei in the meeting, a emphasized the rights citizens have because of the Constituti , especially amend nts 14 and 15. Mayor Hayek that ed UISG liaison Matt Uttermark and alternate Alec Bal 'n for their leadership in hel ' g the UISG government pass a resolution endorsin passenger rail; and asked them to ss along his thanks to the student government. In response to City Ma ager Markus, PCD Dir. Davidson announced at the American Planning Associa ' n Iowa Chapter has named the Univer -C' Neighborhood Partnership Program as an a and recipient to be presented at the st a conference on November 1st in Ames. Moved by Mims, seconded b Dickens, to adjourn meeting at 15 p.m. J. Hayek, Mayor Marian K. Karr, City Clerk