Loading...
HomeMy WebLinkAbout2012-11-13 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 NOVEMBER 13, 2012 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. Staff members present: Markus, Fruin, Bentley, Dilkes, Karr, Davidson, Havel, Goodman, Boothroy, O'Malley. The Mayor proclaimed: Veterans Remembrance Day — November 11; Hunger and Homelessness Awareness Week — November 11 -17, Christy Canganelli, representing Local Homeless Coordinating Board, accepting. The Mayor presented Outstanding Student Citizenship Awards to Shimek Elementary students: Avery Shrader (unable to attend) and Andrew Andersen. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Champion, seconded by Dobyns, 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: October 23 Council Work Session; October 23 Special Council Formal Official & Complete (x2). Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Ad Hoc Diversity Committee — October 15; Ad Hoc Diversity Committee — October 22; Airport Commission — September 20; Civil Service Commission — October 30; Housing & Community Development Commission — September 20; Planning & Zoning Commission — September 20; Planning & Zoning Commission — October 4; Telecommunications Commission — September 24. Permit Motions and Resolutions as Recommended by the City Clerk: (New) Class C Liquor License for Brixco, LLC, dba Brix,209 N. Linn St.; Class E Liquor License for Kum & Go, LC, dba Kum & Go #51, 323 E. Burlington St.; Class E Liquor License for Kum & Go, LC, dba Kum & Go #52, 25 W. Burlington St.; Class C Liquor License for New Asian Food Corp., Inc., dba Rice Village. 223 E. Washington St. (Renewal): Class C Liquor License for The Pit Smokehouse, LLC., dba The Pit Smokehouse, 130 N. Dubuque St.; Class E Liquor License for Fareway Stores, Inc., dba Fareway Stores, Inc. #034, 2765 Commerce Dr.; Class E Liquor License for Fareway Stores Inc., dba Fareway Stores, Inc. #950, 2530 Westwinds Dr.; Class C Liquor License for Chipotle Mexican Grill of Colorado, LLC dba Chipotle Mexican Grill #1069, 201 S. Clinton St., Suite 112; Outdoor Service Area for Chipotle Mexican Grill of Colorado, LLC dba Chipotle Mexican Grill #1069, 201 S. Clinton St., Suite 112; Special Class C Liquor License for India Cafe Corporation, dba India Cafe, 227 E. Washington St.; Class C Beer Permit for Aldi, Inc., dba Aldi, Inc. #67, 1534 S. Gilbert St.; Class B Liquor License for POSH Hotel, LLC, dba Clarion Highlander Hotel & Conference Center, 2525 N. Dodge St.; RES. 12 -463, TO ISSUE DANCE PERMIT to POSH Hotel, LLC, dba Clarion Highlander Hotel & Conference Center, 2525 N. Dodge St. Resolutions and Motions: RES. 12 -464, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARKING COVENANT FOR 225 Complete Description November 13, 2012 Page 2 IOWA AVENUE, IOWA CITY, IOWA; RES. 12 -465, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT WITH CORRIDOR STATE BANK FOR PROPERTY LOCATED AT 109 E. COLLEGE STREET; RES. 12 -466, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1026 FAIRCHILD STREET, IOWA CITY, IOWA; RES. 12 -467, 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 1822 ROCHESTER AVENUE, IOWA CITY, IOWA; RES. 12 -468, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST CO., CORALVILLE, IOWA FOR PROPERTY LOCATED AT 2704 BROOKSIDE DRIVE, IOWA CITY, IOWA; RES. 12 -469, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 710 MILLER AVENUE, IOWA CITY, IOWA; RES. 12 -470, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 509 CHURCH STREET, IOWA CITY, IOWA; RES. 12 -471, ACCEPTING THE WORK FOR THE 2011 PARKING RAMP REPAIRS PROJECT; RES. 12 -472, AWARDING CONTRACT to Metro Pavers, Inc. for $ 6,620,967.68 AND AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT (KIRKWOOD AVE. TO 1ST AVE.) [STP -U- 3715(654)-- 70 -52]; RES. 12 -473, ACCEPTING THE WORK FOR THE HIGHWAY 218 AND MELROSE AVENUE TRAFFIC SIGNALIZATION PROJECT; RES. 12 -474, ACCEPTING THE WORK FOR THE BURLINGTON / US HIGHWAY 6 BRIDGES FLOOD REPAIR PROJECT [ER- 3715(642)- -8R -52 & ER- 3715(641)-- 8R -52]; RES. 12- 475, ACCEPTING THE WORK FOR THE J STREET & SYCAMORE VIEW WATER MAIN - SOUTHEAST JUNIOR HIGH SANITARY SEWER PROJECT; RES. 12 -476, ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN, PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PART TWENTY -TWO, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 12 -477, APPROVING THE FISCAL YEAR ENDING 2012 ANNUAL URBAN RENEWAL AREA REPORT; RES. 12 -478, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH LEPIC - KROEGER REALTORS TO SELL AND LEASE PROPERTY IN AVIATION COMMERCE PARK; RES. 12 -479, ESTABLISHING POLICY FOR MICROFILMING AND ELECTRONIC IMAGING; AND DESTRUCTION OF RECORDS AND DOCUMENTS IN THE CITY CLERK'S OFFICE; RES. 12 -480, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BY Complete Description November 13, 2012 Page 3 AND BETWEEN THE CITY OF IOWA CITY AND DAVIS, BROWN, KOEHN, SHORS & ROBERTS, P. C. TO PROVIDE LOBBYING SERVICES. Public Hearings: Setting a public hearing on November 27, 2012 to receive public comments regarding an ordinance adopting the 2012 Edition of the International Fire Code with local amendments; RES. 12 -481, SETTING PUBLIC HEARING FOR NOVEMBER 27, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 654 SOUTH LUCAS STREET; RES. 12- 482, SETTING A PUBLIC HEARING ON NOVEMBER 27, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PUBLIC WORKS - FUEL FACILITY PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Correspondence: Acting Traffic Engineering Planner regarding Removal of the existing passenger loading zone from the east side of the 10 block of S. Johnson Street — restoring normal odd /even calendar parking; Traffic Engineering Planner regarding Installation of NO PARKING 8 AM — 5 PM MON - FRI signs on the east side of the 400 block of 2 "d Avenue; Traffic Engineering Planner regarding Install NO PARKING HERE TO CORNER and NO PARKING CORNER TO HERE signs on the north side of River Street to the east and west of the intersection with Magowan Avenue; Melvin Lorenzo Kelly regarding Homelessness, Housing Authority and HUD; James J. White (x2); Michael Crawford; Marilyn Rosenquist; Cindy Roberts; Kurt Kimmerling regarding Taft Speedway Floodwall (Levee); Hany Hamza x2 (Red Line owner), David Tiet (Big Ten - Aardvark owner), Mark Paterno (Marco's owner), Roger Bradley (Yellow Cab manager), Mohamed Hassanein (Five Stars owner); Aric Hopkins, (Old Capitol Independent owner) regarding Taxicab Issues. [Staff response included]; Melvin Lorenzo Kelly regarding Hurricanes and Tornadoes; Del Holland Audrey Wiedemeier, Sheldon Baker regarding Sharrows on Gilbert St.; Christina Canganelli and Carrie Norton regarding Appreciation for City Channel 4's Community Programming Division and Ty Coleman; Janice Horak regarding appreciation for community event funding for Community String Orchestra; Matt Ohloff regarding Food & Water Watch; David Kimm Fesler regarding Fesler; Howard and Jo Hensch regarding Support of Senior Center; Michael Haring regarding Iowa City Juvenile Curfew Ordinance; Melvin Lorenzo Kelly regarding Poverty in America 2013; Brian Loring regarding Thank you for Think Bicycles. Linda Watkins, 2017 Rochester Avenue, appeared requesting a policy for an exception for sewer charges during extreme drought conditions. Moved by Mims, seconded by Payne, to accept correspondence. Kelli Schneider, 3201 Raven St., appeared requesting parking be restricted to one side of Raven Street. Moved by Throgmorton, seconded by Dickens, to accept correspondence. Mary Gravitt, 2714 Wayne #6, appeared regarding transit concerns. Moved by Dobyns, seconded by Payne, to set a public hearing for November 27 on an ordinance conditionally rezoning approximately 1.02 acres of land located on 1St Avenue north of Rochester Avenue from Low Density Single Family Residential(RS -5) to Low- Density Multi - Family Residential (RM -12) (REZ12- 00025). Complete Description November 13, 2012 Page 4 A public hearing was held on a resolution amending the Comprehensive Plan to change the future land -use map designation from Office Research Park to Low - Density Multi- Family Residential (8 -16 dwelling units per acre) for a 27 -acre area bounded by Camp Cardinal Road to the east, the Cardinal Pointe South Subdivision along Ryan Court to the north, and Camp Cardinal Boulevard to the west, subject to the text of the plan noting that environmentally - sensitive areas and limited street access may result in development at a lower density (CPA12- 00003). PCD Dir. Davidson presented a power point. Individual Council Members expressed their views. Moved by Payne, seconded by Dickens, to adopt RES. 12 -483, AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE FUTURE LAND -USE MAP DESIGNATION FROM OFFICE RESEARCH PARK TO LOW - DENSITY MULTI- FAMILY RESIDENTIAL (8 -16 DWELLING UNITS PER ACRE) FOR A 27 -ACRE AREA BOUNDED BY CAMP CARDINAL ROAD TO THE EAST, THE CARDINAL POINTE SOUTH SUBDIVISION ALONG RYAN COURT TO THE NORTH, AND CAMP CARDINAL BOULEVARD TO THE WEST, SUBJECT TO THE TEXT OF THE PLAN NOTING THAT ENVIRONMENTALLY - SENSITIVE AREAS AND LIMITED STREET ACCESS MAY RESULT IN DEVELOPMENT AT A LOWER DENSITY. A public hearing was held on a resolution amending the Central District Plan to change the land -use designation from Low to Medium Density Multi - Family to Single - Family and Duplex Residential for properties located at 905, 909 and 911 North Governor Street and a property between 906 North Dodge Street and 910 North Dodge Street (CPA12- 00004). PCD Dir. Davidson presented a power point. Mike Wright, 225 N. Lucas, appeared. Individual Council Members expressed their views. Moved by Payne, seconded by Dobyns, to adopt RES. 12 -484, AMENDING THE CENTRAL DISTRICT PLAN TO CHANGE THE LAND -USE DESIGNATION FROM LOW TO MEDIUM DENSITY MULTI - FAMILY TO SINGLE - FAMILY AND DUPLEX RESIDENTIAL FOR PROPERTIES LOCATED AT 905, 909 AND 911 NORTH GOVERNOR STREET AND A PROPERTY BETWEEN 906 NORTH DODGE STREET AND 910 NORTH DODGE STREET (CPA12- 00004). A public hearing was held on an ordinance amending the Planned Development Overlay Medium - Density Single - Family (OPD -8) plan for Saddlebrook Meadows Part 1 to add a single -story ranch -style house plan to the previously approved OPD Plan for property located at Whispering Meadows Drive and Pinto Lane (REZ12- 00022). PCD Dir. Davidson presented a power point. Steve Gordon, AM Management appeared. Individual Council Members expressed their views. Moved by Champion, seconded by Payne, that the ordinance amending the Planned Development Overlay Medium - Density Single- Family (OPD -8) plan for Saddlebrook Meadows Part 1 to add a single -story ranch -style house plan to the previously approved OPD Plan for property located at Whispering Meadows Drive and Pinto Lane (REZ12- 00022), be given first vote. A public hearing was held on an ordinance conditionally rezoning approximately 1.38 acres located at 1030 William Street from Commercial Office (CO -1) to Medium - Density Multi - Family (RM -20) (REZ12- 00023). The Mayor requested Council Members to disclose any ex -parte communications. Mayor Hayek and Council Member Dobyns reported. PCD Dir. Davidson presented a power point. Individual Council Members Complete Description November 13, 2012 Page 5 expressed their views. Ben Porush, representing Three Diamond Development, appeared. Moved by Payne, seconded by Mims, that the ordinance conditionally rezoning approximately 1.38 acres located at 1030 William Street from Commercial Office (CO -1) to Medium - Density Multi - Family (RM -20) (REZ12- 00023), be given first vote. Individual Council Members expressed their views. A public hearing was held on an ordinance amending Title 14, Zoning Code, Article 4C, Accessory Uses and Buildings, to allow for the keeping of chickens as an accessory use to single family detached uses and to reference standards for structures for the keeping of chickens. The Mayor announced that comments related to item # 9, amending the City Code to establish a permit process for urban chickens, would be considered with this item. The following individuals appeared: Shannon Gassman, 741 S. 7th Ave.; Jay Honohan, 1510 Somerset Lane; KT Labadie, 708 Woodside Dr.; Kathy Dumont, 1829 F St.; Don Anciaux, 2119 Russell Dr., Katie Imborek, 408 MacBride Rd.; Rachel Gold; Jack Conklin. Moved by Mims, seconded by Champion, to accept correspondence from: Jay Honohan, KT Labadie, Tami Shaw, David Germann, John Kammermeyer, Diane Schweer, Geoff Lauer, Bob Elliott, Jim and May Lou Maynard, Paula Swygard, Shams Ghoneim, Bill Meredith, Jim Maynard, and Brian Richman. Moved by Dobyns, seconded by Mims, that the ordinance amending Title 14, Zoning Code, Article 4C, Accessory Uses and Buildings, to allow for the keeping of chickens as an accessory use to single family detached uses and to reference standards for structures for the keeping of chickens, be given first vote. PCD Dir. Davidson present for discussion. Individual Council Members expressed their views. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Throgmorton, Champion, Dobyns, Hayek, Mims. Nays: Payne, Dickens. Moved by Mims, seconded by Payne, that the 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), be given second vote. The Mayor requested Council Members to disclose any ex -parte communications, and none were reported. Moved by Mims, seconded by Payne, to adopt RES. 12 -485, APPROVING THE FINAL PLAT OF ROCHESTER RIDGE PART THREE, IOWA CITY, IOWA (SUB12- 00011). A public hearing was held on a resolution authorizing conveyance of a single family home located at 2538 Nevada Avenue. Moved by Throgmorton, seconded by Payne, to adopt RES. 12 -486, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2538 NEVADA AVENUE. A public hearing was held on a resolution authorizing conveyance of a single family home located at 656 South Lucas Street. Moved by Champion, seconded by Dickens, to adopt RES. 12 -487, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 656 SOUTH LUCAS STREET. Moved by Mims, seconded by Dobyns, that the ordinance amending Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Control," to establish a permit process for urban chickens, be given first vote. The Mayor announced that comments related to item # 6f, amending the City Zoning Code for structure for keeping urban chickens, would Complete Description November 13, 2012 Page 6 be considered with this item. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Hayek, Mims, Throgmorton, Champion, Dobyns. Nays: Payne, Dickens. Moved by Champion, seconded by Mims, to accept correspondence from: Jay Honohan, KT Labadie, Tami Shaw, David Germann, John Kammermeyer, Diane Schweer, Geoff Lauer, Bob Elliott, Jim and May Lou Maynard, Paula Swygard, Shams Ghoneim, Bill Meredith, Jim Maynard, Brian Richman. Moved by Champion, seconded by Payne, that the ordinance amending Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Control" and Title 10, entitled "Public Ways and Property," Chapter 5, entitled "City Plaza," and Chapter 9, entitled "Parks and Recreation Regulations," to allow dogs in City Plaza, to prohibit dogs in sidewalk cafes, and to allow dogs to be off leash in all dog parks, be given first vote. Asst. to the City Manager Fruin presented information. Individual Council Members expressed their views. Moved by Mims, seconded by Payne, that the ordinance amending Title 3, Finances Taxation and Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties, Section 3, Potable Water Use and Service, Section 4, Wastewater Treatment Works User Charges, and Section 5, Solid Waste Disposal, to increase the deposit for utility accounts; amending Title 16, Public Works, Chapter 3A, City Utilities — General Provisions, Section 5, establishing city utility accounts; deposits required, to hold deposits until accounts are closed; and amending Title 16, Public Works, Chapter 3A, City Utilities — General Provisions, Section 6, Billing and Collection Procedures; Delinquent Accounts, to ensure the imposition of liens conforms to State Code, be given first vote. Moved by Champion, seconded by Payne, that the ordinance amending Title 10 of the City Code, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled, "Use by Mobile Vendors," to change the duration of a mobile vending permit from one year to three years and to limit the ownership interest to three carts, be given first vote. Moved by Mims, seconded by Payne, to adopt RES. 12 -488, ESTABLISHING MOBILE VENDING PERMIT AND AMBULATORY VENDING PERMIT FEES AND RESCINDING RESOLUTION NO. 10 -67. Moved by Payne, seconded by Dickens, to adopt RES. 12 -489, AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, LOCAL #610, TO BE EFFECTIVE JULY 1, 2013 THROUGH JUNE 30, 2016. Moved by Champion, seconded by Payne, to adopt RES. 12 -490, DIRECTING SALE OF $2,655,000 TAXABLE URBAN RENEWAL REVENUE BONDS, SERIES 2012D. Finance Dir. O'Malley present for discussion and distributed updated documents. Individual Council Members expressed their views. Moved by Mims, seconded by Payne, approving Continuing Disclosure Certificate. Moved by Payne, seconded by Mims, to adopt RES. 12 -491, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,655,000 TAXABLE URBAN RENEWAL REVENUE BONDS, SERIES 2012D, OF THE CITY OF IOWA CITY, STATE OF IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF THE BONDS. Complete Description November 13, 2012 Page 7 The Mayor noted the previously announced vacancies for 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, November 28, 2012. The Mayor noted the current vacancies: Parks and Recreation Commission for two vacancies to fill four -year terms, January 1, 2013 — January 1, 2017. Due to a publication error, the vacancies will be readvertised and applications will be accepted until December 12th and appointment deferred to December 18th. Applications must be received by 5:00 p.m., Wednesday, December 12, 2012. Moved by Mims, seconded by Dickens, to make the following appointments: reappoint Andrew French, 531 1St Avenue, to the Board of Appeals for Licensed Plumber or a qualified trade representative - December 31, 2017; reappoint Harry Olmstead, 1951 Hannah Jo Court, and appoint Joe Coulter, 1818 N. Dubuque Street, and Katie Anthony, 23 Wakefield Court, to the Human Rights Commission to fill three - year terms, January 1, 2013 — January 1, 2016; reappoint Charles Felling, 825 South 7th Avenue, and appoint Kathy Mitchell, 722 Iowa Avenue, to the Senior Center Commission to fill three -year terms, January 1, 2013 — December 31, 2015. The Mayor noted that no applications were received and /or gender balance requirement not met for the following vacancies and all will be readvertised: Board of Appeals for one Home Builders Association 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; Public Art Advisory Committee for a three -year term, January 1, 2013 — January 1, 2016; Senior Center Commission for a three -year terms, January 1, 2013 — December 31, 2015. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] The Mayor announced no action would be taken on an appointment to the City Council Economic Development Committee alternate to serve in the absence of, or when a conflict of interest arises with, one of three Council Member appointees. Council Member Throgmorton reminded the public the Ad Hoc Diversity Committee information gathering session from 6:00 -8:00 p.m., Thursday, November 15, at the Iowa City Public Library on transportation and law enforcement issues related to minority populations; and announced he would be holding a listening post on November 15, from 8:00 to 10:00 a.m. at Bruegger's Bagel Shop on Riverside Dr. Council Member Champion noted that the end of daylight savings time, and return to standard time, creates a longer evening and urged bicyclists to use lights and reflectors. Mayor Pro tem Mims noted the correspondence received regarding the shallows on Gilbert Street and urged staff to consider ways to educate citizen on the differences between shallows and bicycle lanes. Council Member Dickens wished his wife a Happy Birthday on November 14. Individual Council Members expressed best wishes. Complete Description November 13, 2012 Page 8 Council Member Dobyns noted the wonderful community project, sweaters on downtown street trees, and encouraged everyone to take a look at the tree sweaters. City Manager Markus announced that the City had received a $150,000 Great Places grant for the Burling Street dam white water rapids project. Council Member Throgmorton noted that the City had also received an award from the Iowa American Planning Association recognizing the UniverCity program. Moved by Throgmorton, seconded by Payne, to adjourn to executive session to evaluate the professional competency of individuals whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individuals' reputations and those individuals requested a closed session. (City Attorney, City Clerk City Manager) The Mayor declared the motion carried and adjourned into executive session 9:10 p.m. Council returned to open session 9:59 p.m. Moved by Payne, seconded by Mims, to adjourn special meeting 10:00 p.m. Matthew J. Hayek, Mayor Ma► an K. Karr, City Clerk CITY OF IOWA CITY MEMORANDUM -a= Date: October 31, 2012 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, October 23, 2012, 5:16 PM in Emma J. Harvat Hall Council: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton UISG: Uttermark Staff: Markus, Bentley, Knoche, Dilkes, Karr, Moran, Davidson, Dulek, Fosse, Reichart, Purdy, O'Brien (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 # 5i — resolution approving preliminary plat of Moss Ridge Campus ...) In response to Council Member Throgmorton, PCD Dir. Davidson stated he would be making a presentation at the formal meeting regarding plat. 2. (Consent Calendar item # 3f(10) — correspondence from Rita Bettis: Initiative Action ... red light cameras) In response to Council Member Throgmorton, City Atty. Dilkes outlined the next steps in the process as securing the signatures; a verification process by the City Clerk; and Council action to adopt or place the matter on the ballot. She indicated at that time Council would also have to consider the conflicting opinions of herself and the ACLU attorney on whether it is an initiative or a referendum. TAFT SPEEDWAY LEVEE [IP #31 Public Works Dir. Fosse outlined the discussion process for the presentation and introduced John Engle from HDR Engineering who presented a power point outlining the preliminary study. Others present for discussion included: Mike Ryan, Howard R. Green and David Purdy, Community Development Planner. After discussion Council requested further information on the issues below: ➢ flood insurance 1. what's currently available 2. what it costs 3. what it covers 4. options for coverage 5. whether or not flood insurance was available prior to 2008 ➢ response and recovery costs by neighborhood ➢ HUD summary ACTION: Prepare a memo to address new issues raised that evening (Fosse); prepare a summary HUD memo (Purdy); and scheduled for public discussion and Council action on November 27. Council Work Session October 23, 2012 Page 2 INFORMATION PACKET DISCUSSION [October 4, 11, 18] October 4 No Discussion October 11 1. (IP2 — Sustainability Assessment Update) Council Member Throgmorton stated he was pleased to read about the progress made and looking forward to the report coming out in January. 2. (IP3 — Plastic Bags) In response to Council Member Dobyns, clarified further discussion on the pending list. October 18 1. (IP3 — Taft Speedway Levee) Council Member Throgmorton noted the volume of information received. [Council recessed to the formal meeting 6:35 PM; and returned to work session 8:35 PM] BLUE ZONES PROJECT UPDATE [IP #41 Recreation Supt. Dyson, Chamber of Commerce Rep. Rebecca Neades, and Adm. Asst. to the City Manager Bentley distributed information and responded to questions. Mayor Pro tem Mims and Council Members Dobyns & Payne indicated their availability for the site visit. Action: Implement plan for November 13 site visit. (Dyson & Bentley) COUNCIL TIME None PENDING WORK SESSION TOPICS [IP #51 In response to Council Member Dickens, Council agreed to add bar /restaurant designations and regulations to the next work session. Mayor Hayek reported there was some interest to review music venue regulations and stated he would alert staff if he heard any more on the matter. MEETING SCHEDULE [IP #6, 7] City Clerk Karr reviewed the proposed schedules included in the packet concerning January/February/March budget and Council meetings; and potential meeting dates for meeting with area legislators and evaluations of Council appointees. After discussion Council directed Karr to work with individual Council Members and report back to Council at the next meeting; and agreed to schedule a work session to hear proposals on the Gilbert/College project for November 26 at a time yet to be determined. ACTION: Proposed dates in November 8 information packet. (Karr) UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS 1. Mayor Hayek stated he would be attending the Veterans Day Banquet on November 11 again this year. 2. Mayor Pro tem Mims indicated she would be attending the Human Rights Breakfast on October 29. 3. Mayor Hayek and Mayor Pro tem Mims would be attending the Convention and Visitors Bureau luncheon on November 9. Council Work Session October 23, 2012 Page 3 EVALUATION OF COUNCIL APPOINTEES After discussion Mayor Hayek indicated he would work with City Clerk Karr to schedule the evaluations of the City Manager, City Attorney, and City Clerk at the same session. Meeting adjourned 9:00 PM. -���� 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 — 10/23/12 Iowa City City Council special meeting, 5:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. Unless otherwise noted, all actions were affirmative and unanimous. Moved and seconded to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried and adjourned into executive session 5:01 p.m. Moved and seconded to adjourn special meeting 5:16 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 /Ma mi ian K. Karr, City Clerk Sub ed for publication —10/25/12. ��100 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 — 10/23/12 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. The Mayor proclaimed Change Your Clock, Change Your Battery Day — November 4. Lieutenant Rick Childs and Firefighter Clint McFarland, accepting. The Mayor presented Outstanding Student Citizenship Awards to Mark Twain Elementary School students: Magdalena Chavez, Jussein Herrera, Mackenzie Murphy. 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: October 2 Council Work Session; October 2 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 24; Ad Hoc Diversity Committee — October 8; Airport Commission — July 19; Airport Commission — August 16; Board of Adjustment — September 12; Historic Preservation Commission — August 9; Historic Preservation Commission — August 29; Housing & Community Development Commission — August 16; Human Rights Commission — September 18; Parks & Recreation Commission — July 11; Planning & Zoning Commission — September 6; Police Citizens Review Board — September 11; Police Citizens Review Board — September 19. Permit Motions and Resolutions as Recommended by the City Clerk. (New): Class C Liquor License for Howling Dogs Bistro & Fair Grounds Coffeehouse, 345 S. Dubuque St.; Class C Liquor License for Players Iowa City, 347 S. Gilbert St.; Class E Liquor License for Sauce, 108 E. College St. (Renewal): Class C Liquor License for Hilltop Lounge, 1100 N. Dodge St.; Class C Liquor License for DC's, 124 S. Dubuque St.; Class C Liquor License for Blue Moose, 211 Iowa Ave.; Class C Beer Permit for RJ'Z Express, 2 Escort Lane.; Class C Liquor License for Grizzly's South Side Pub,1210 Highland Ct.; Special Class C Liquor License for Masala, 9 Dubuque St.; Class C Liquor License for Studio 13, 13 S. Linn St.; Class C Liquor License for Ridge Pub, 1095 Silvercrest Cir.; Class C Liquor License for Old Capitol Brew Works and Public House, LLC, 525 S. Gilbert St.; Outdoor Service Area for Old Capitol Brew Works and Public House, LLC, 525 S. Gilbert St.; Class C Liquor License for Oaknoll Retirement Residence, 1 Oaknoll Ct.; Class C Liquor License for Jobsite, 928 Maiden Ln.; Class E Liquor License for Wal -Mart Store #1721, 919 Hwy 1 W.; RES. 12 -437, TO ISSUE DANCE PERMIT to Blue Moose, 211 Iowa Ave. Resolutions and Motions: RES. 12 -438, AMENDING IOWA CITY'S AFFORDABLE HOUSING LOCATION MODEL TO REQUIRE THAT TWO OF THE SEVEN FACTORS BE UPDATED EVERY THREE YEARS; RES. 12 -439, Official Actions October 23, 2012 Page 2 REJECTING BIDS RECEIVED ON SEPTEMBER 27, 2012 FOR THE IOWA CITY PUBLIC WORKS FUEL FACILITY PROJECT; RES. 12440, DIRECTING THE ADVERTISEMENT FOR SALE OF $2,700,000 (DOLLAR AMOUNT SUBJECT TO CHANGE) TAXABLE URBAN RENEWAL REVENUE BONDS, SERIES 2012, AND APPROVING ELECTRONIC BIDDING PROCEDURES; RES. 12 -441, APPROVING THE PRELIMINARY OFFICIAL STATEMENT FOR $2,700,000 (DOLLAR AMOUNT SUBJECT TO CHANGE) TAXABLE URBAN RENEWAL REVENUE BONDS, SERIES 2012; RES. 12 -442, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE PARTIAL RELEASE OF LIEN PLACED on PROPERTY PURSUANT TO THE CLEAR CREEK MORTGAGE; RES. 12 -443, ACCEPTING THE WORK FOR THE NORTH DODGE STREET PEDESTRIAN BRIDGE OVER 1 -80 [ESIM- 080 - 6(285)243-- OS -52]; RES. 12 -444, ACCEPTING THE WORK FOR THE EECBG ROBERT A. LEE RECREATION CENTER IMPROVEMENT PROJECTS 2011; RES. 12 -445, ACCEPTING THE WORK FOR THE EECBG WASTEWATER DIVISION LIGHTING PROJECT; RES. 12 -446, ACCEPTING THE WORK FOR THE CDBG ASBESTOS ABATEMENT PROJECT - CONTRACT #8; RES. 12 -447, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, CERTAIN SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS FOR WINDSOR WEST - PART TWO, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 12 -448, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR ROCHESTER RIDGE - PART TWO, AND FOR THE OFF - SITE STORM SEWER, TILE LINE, CERTAIN SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS LOCATED ADJACENT TO ROCHESTER RIDGE - PART TWO, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 12 -449, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE JANUARY 24, 2012 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HR GREEN INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY LANDFILL AND RECYCLING CENTER; RES. 12 -450, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE IOWA DEPARTMENT OF TRANSPORTATION COOPERATIVE AGREEMENT [2013 -16 -032] FOR THE WILLOW CREEK CROSSING WATER MAIN PROTECTION PROJECT. Approve disbursements in the amount of $11,195,340.15 for the period of September 1 through September 30, 2012, as recommended by the Finance Director subject to audit. RES. 12 -451, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE NORMANDY DRIVE RESTORATION PROJECT; RES. 12 -452, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND US BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1524 SYCAMORE STREET, IOWA CITY, IOWA; RES. 12 -453, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 803 CHURCH STREET, IOWA CITY, IOWA; RES. 12 -454, AUTHORIZING THE Official Actions October 23, 2012 Page 3 MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 3008 FRIENDSHIP STREET, IOWA CITY, IOWA; RES. 12 -455, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN ADDENDUM TO LEASE AGREEMENT WITH HOWLING DOGS, INC. FOR AMENDMENT OF THE LEASE OF COURT STREET TRANSPORTATION CENTER SPACE. Public Hearings: RES. 12 -456, SETTING PUBLIC HEARING FOR NOVEMBER 13, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 2538 NEVADA AVENUE; RES. 12 -457, SETTING PUBLIC HEARING FOR NOVEMBER 13, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 656 SOUTH LUCAS STREET. Correspondence: Acting Traffic Engineering Planner regarding Install STOP signs for eastbound traffic at the intersections of Ireland Drive / Killarney Road / Kearney Lane & Dublin Drive; prohibit on- street parking on the west side of Dublin Drive approximately 30 -50' north and south of Ireland Drive, Killarney and Kearney Lane; Acting Traffic Engineering Planner regarding Install NO PARKING, STOPPING, STANDING ANY TIME signs on the west side of S. Madison Street adjacent to the University of Iowa Wellness Center; Acting Traffic Engineering Planner regarding Installation of 2 parking meters in the 800 block of S. Clinton Street; Acting Traffic Engineering Planner regarding Install NO U -TURN signs on Emerald Street adjacent to Horn Elementary School; Acting Traffic Engineering Planner regarding Establish a 20mph school speed zone on Emerald Street adjacent to Horn Elementary School; Acting Traffic Engineering Planner regarding Prohibit parking on the south side of Amber Lane between 7AM -5PM Monday- Friday; Bobbie Ney regarding Complaint about city transit with regards to zip cars [Staff response included]; Mary Kathryn Wallace; Drew Dillman; Michael Crawford; Layton Olson; Wallace Taylor, Lynn Sidwell, James White regarding Taft Floodwall (levee) /Idyllwild Buyout; Kenna Prottsman regarding Urban Chickens [Staff response included]; Rita Bettis regarding Initiative Action by Aleksey Gurtovoy and Martha Hampel [Staff response included]; Melvin Lorenzo Kelly regarding Mosquitos — Blood Transmittal Diseases; Robert Engel regarding Traffic Cameras; Bill Ackerman regarding Parking Issue to address. [Staff response included]; Steven Bullard regarding Ralston Creek [Staff response included]; Melvin Lorenzo Kelly regarding Homelessness, Employment, Education; Daniel Benton regarding Senior Center Commission term. Cindy Roberts, Grant Wood Neighborhood Association, appeared regarding the temporary discontinuing of the Friday Night Skate night event. The following people appeared regarding the Taft Speedway levee: Greg Geerdes, 890 Park Place; Cathy Wilcox, 119 Taft Speedway; and Regenia Bailey. Moved and seconded to set a public hearing for November 13 on a resolution amending the comprehensive plan to change the future land -use map designation from Office Research Park to Low - Density Multi - Family Residential (8 -16 dwelling units per acre) for a 27 -acre area bounded by Camp Cardinal road to the east, the Cardinal Pointe South Subdivision along Ryan Court to the north, and Camp Cardinal Boulevard to the west, subject to the text of the plan noting that environmentally - sensitive areas and limited street access may result in development at a lower density (CPA12- 00003). Official Actions October 23, 2012 Page 4 Moved and seconded to set a public hearing for November 13 on a resolution amending the Central District Plan to change the land -use designation from Low to Medium Density Multi - Family to Single - Family and Duplex Residential for properties located at 905, 909 and 911 North Governor Street and a property between 906 North Dodge Street and 910 North Dodge Street (CPA12- 00004). Moved and seconded to set a public hearing for November 13 on an ordinance to amend the Planned Development Overlay Medium - Density Single - Family (OPD -8) Plan for Saddlebrook Meadows Part 1 to add a single -story ranch -style house plan to the previously approved OPD Plan for property located at Whispering Meadows Drive and Pinto Lane (REZ12- 00022). Moved and seconded to set a public hearing for November 13 on an ordinance conditionally rezoning approximately 1.38 acres located at 1030 William Street from Commercial Office (CO -1) to Medium - Density Multi - Family (RM -20) (REZ12- 00023). Moved and seconded to set a public hearing for November 13 on an ordinance amending Title 14, Zoning Code, Article 4C, accessory uses and buildings, to allow for the keeping of chickens as an accessory use to single family detached uses and to reference standards for structures for the keeping of chickens. A public hearing was held 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). Moved and seconded that the ordinance rezoning 1.1 -acres of land located at 2225 Mormon Trek Boulevard from Intensive Commercial (CIA) to Community Commercial (CC -2) (REZ12- 00020), be given first vote. Moved and seconded that ORD. 12 -4498, REZONING APPROXIMATELY .034 ACRES LOCATED AT 518 BOWERY STREET AS AN IOWA CITY HISTORIC LANDMARK. (REZ12- 00014), be passed and adopted. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote. Ayes: Hayek, Mims, Payne, Throgmorton, Champion, Dickens. Nays: Dobyns. 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 -4499, 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), be voted on for final passage at this time. Moved and seconded that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote: Mims, Payne, Champion, Dickens, Dobyns, Hayek. Nays: Throgmorton. Moved and seconded to accept correspondence from Mark Danielson. Moved and seconded to adopt RES. 12 -458, APPROVING A PRELIMINARY PLAT OF MOSS RIDGE CAMPUS, IOWA CITY, IOWA (SUB12- 00003). Official Actions October 23, 2012 Page 5 A public hearing was held on a resolution determining the area added to the City - University Project 1 Urban Renewal Area to have conditions of blight such that the rehabilitation, conservation, redevelopment, development, or a combination thereof, is necessary in the interest of the public health, safety or welfare; designating such area as appropriate for an urban renewal project; and adopting Amendment No. 10 to the City- University Project 1 Urban Renewal Plan therefor. Moved and seconded to adopt RES. 12 -459, DETERMINING THE AREA ADDED TO THE CITY - UNIVERSITY PROJECT 1 URBAN RENEWAL AREA TO HAVE CONDITIONS OF BLIGHT SUCH THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING AMENDMENT NO. 10 TO THE CITY - UNIVERSITY PROJECT 1 URBAN RENEWAL PLAN THEREFOR. Moved and seconded to adopt RES. 12 -460, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN OPERATING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY DOWNTOWN SELF SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT. Iowa City Downtown District Board Member Karen Kubby and Director Nancy Bird distributed information and provided an update. Moved and seconded to accept correspondence. Moved and seconded to adopt RES. 12 -461, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A JOINT DEFENSE AND INDEMNIFICATION AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND VJ ENGINEERING IN THE MATTER OF JUDDS BROTHERS V. CITY OF IOWA CITY. Moved and seconded to adopt RES. 12 -462, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SIMMONS PERRINE MOYER & BERGMAN TO PROVIDE LEGAL SERVICES IN THE MATTER OF JUDDS BROTHERS V. CITY OF IOWA CITY The Mayor noted the previously announced vacancies to Boards and Commissions: 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. The Mayor noted that no applications were received for the following vacancies 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- Official Actions October 23, 2012 Page 6 year term January 1, 2012 — December 31, 2017 (New full term). Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council agreed to defer the appointment of a City Council Economic Development Committee alternate until it could be scheduled at a future work session. Moved and seconded to adjourn back to the work session meeting, 8:20 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 Submi,Nor�caXn — f6 /3 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 OCTOBER 23, 2012 Iowa City City Council special meeting, 5:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. Staff members present: Markus, Bentley, Dilkes, Karr, Davidson, Moran, Knoche. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Dobyns, seconded by Payne, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried and adjourned into executive session 5:01 p.m. Council returned to open session 5:15 p.m. Moved by Champion, seconded by Dobyns, to adjourn special meeting 5:16 p.m. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES OCTOBER 23, 2012 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. Staff members present: Markus, Bentley, Dilkes, Karr, Davidson, O'Brien, Moran, Knoche, Fosse, Ford. The Mayor proclaimed Change Your Clock, Change Your Battery Day — November 4. Lieutenant Rick Childs and Firefighter Clint McFarland, accepting. The Mayor presented Outstanding Student Citizenship Awards to Mark Twain Elementary School students: Magdalena Chavez, Jussein Herrera, Mackenzie Murphy. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Throgmorton, seconded by Champion, that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: October 2 Council Work Session; October 2 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 24; Ad Hoc Diversity Committee — October 8; Airport Commission — July 19; Airport Commission — August 16; Board of Adjustment — September 12; Historic Preservation Commission — August 9; Historic Preservation Commission — August 29; Housing & Community Development Commission — August 16; Human Rights Commission — September 18; Parks & Recreation Commission — July 11; Planning & Zoning Commission — September 6; Police Citizens Review Board — September 11; Police Citizens Review Board — September 19. Permit Motions and Resolutions as Recommended by the City Clerk. (New): Class C Liquor License for Howling Dogs, Inc., dba Howling Dogs Bistro & Fair Grounds Coffeehouse, 345 S. Dubuque St.; Class C Liquor License for IC Entertainment, LC, dba Players Iowa City, 347 S. Gilbert St.; Class E Liquor License for Caylor Development, LLC, dba Sauce, 108 E. College St. (Renewal): Class C Liquor License for Hilltop Tavern, Ltd., dba Hilltop Lounge, 1100 N. Dodge St.; Class C Liquor License for Caffrey, Inc. dba DC's, 124 S. Dubuque St.; Class C Liquor License for Blue Moose, Inc., dba Blue Moose, 211 Iowa Ave.; Class C Beer Permit for HWZ, LLC dba RJ'Z Express, 2 Escort Lane.; Class C Liquor License for HMDS, Inc., Inc. dba Grizzly's South Side Pub,1210 Highland Ct.; Special Class C Liquor License for Angela, Inc. dba Masala, 9 Dubuque St.; Class C Liquor License for Corridor Entertainment, LC. dba Studio 13, 13 S. Linn St.; Class C Liquor License for Legacy Independent, LP, dba Ridge Pub, 1095 Silvercrest Cir.; Class C Liquor License for Old Capitol Brew Works and Public House, LLC, dba Old Capitol Brew Works and Public House, LLC, 525 S. Gilbert St.; Outdoor Service Area for Old Capitol Brew Works and Public House, LLC, dba Old Capitol Brew Works and Public House, LLC, 525 S. Gilbert St.; Class C Liquor License for Christian Retirement Services, Inc. dba Oaknoll Retirement Residence, 1 Oaknoll Ct.; Class C Complete Description October 23, 2012 Page 2 Liquor License for Jobsite, LLC, dba Jobsite, 928 Maiden Ln.; Class E Liquor License for Wal -Mart Stores, Inc., dba Wal -Mart Store #1721, 919 Hwy 1 W.; RES. 12 -437, TO ISSUE DANCE PERMIT to Blue Moose, Inc., dba Blue Moose, 211 Iowa Ave. Resolutions and Motions: RES. 12 -438, AMENDING IOWA CITY'S AFFORDABLE HOUSING LOCATION MODEL TO REQUIRE THAT TWO OF THE SEVEN FACTORS BE UPDATED EVERY THREE YEARS; RES. 12 -439, REJECTING BIDS RECEIVED ON SEPTEMBER 27, 2012 FOR THE IOWA CITY PUBLIC WORKS FUEL FACILITY PROJECT; RES. 12 -440, DIRECTING THE ADVERTISEMENT FOR SALE OF $2,700,000 (DOLLAR AMOUNT SUBJECT TO CHANGE) TAXABLE URBAN RENEWAL REVENUE BONDS, SERIES 2012, AND APPROVING ELECTRONIC BIDDING PROCEDURES; RES. 12 -441, APPROVING THE PRELIMINARY OFFICIAL STATEMENT FOR $2,700,000 (DOLLAR AMOUNT SUBJECT TO CHANGE) TAXABLE URBAN RENEWAL REVENUE BONDS, SERIES 2012; RES. 12 -442, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE PARTIAL RELEASE OF LIEN PLACED on PROPERTY PURSUANT TO THE CLEAR CREEK MORTGAGE; RES. 12 -443, ACCEPTING THE WORK FOR THE NORTH DODGE STREET PEDESTRIAN BRIDGE OVER 1 -80 [ESIM- 080 - 6(285)243-- OS -52]; RES. 12 -444, ACCEPTING THE WORK FOR THE EECBG ROBERT A. LEE RECREATION CENTER IMPROVEMENT PROJECTS 2011; RES. 12 -445, ACCEPTING THE WORK FOR THE EECBG WASTEWATER DIVISION LIGHTING PROJECT; RES. 12 -446, ACCEPTING THE WORK FOR THE CDBG ASBESTOS ABATEMENT PROJECT - CONTRACT #8; RES. 12 -447, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, CERTAIN SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS FOR WINDSOR WEST - PART TWO, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 12 -448, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR ROCHESTER RIDGE - PART TWO, AND FOR THE OFF - SITE STORM SEWER, TILE LINE, CERTAIN SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS LOCATED ADJACENT TO ROCHESTER RIDGE - PART TWO, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 12 -449, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE JANUARY 24, 2012 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HR GREEN INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY LANDFILL AND RECYCLING CENTER; RES. 12 -450, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE IOWA DEPARTMENT OF TRANSPORTATION COOPERATIVE AGREEMENT [2013 -16 -032] FOR THE WILLOW CREEK CROSSING WATER MAIN PROTECTION PROJECT. Approve disbursements in the amount of $11,195,340.15 for the period of September 1 through September 30, 2012, as recommended by the Finance Director subject to audit. RES. 12 -451, AWARDING CONTRACT to Iowa State Contractors for $173,765.29 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE Complete Description October 23, 2012 Page 3 NORMANDY DRIVE RESTORATION PROJECT; RES. 12 -452, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND US BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1524 SYCAMORE STREET, IOWA CITY, IOWA; RES. 12 -453, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 803 CHURCH STREET, IOWA CITY, IOWA; RES. 12 -454, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 3008 FRIENDSHIP STREET, IOWA CITY, IOWA; RES. 12 -455, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN ADDENDUM TO LEASE AGREEMENT WITH HOWLING DOGS, INC. FOR AMENDMENT OF THE LEASE OF COURT STREET TRANSPORTATION CENTER SPACE. Public Hearings: RES. 12 -456, SETTING PUBLIC HEARING FOR NOVEMBER 13, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 2538 NEVADA AVENUE; RES. 12457, SETTING PUBLIC HEARING FOR NOVEMBER 13, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 656 SOUTH LUCAS STREET. Correspondence: Acting Traffic Engineering Planner regarding Install STOP signs for eastbound traffic at the intersections of Ireland Drive / Killarney Road / Kearney Lane & Dublin Drive; prohibit on- street parking on the west side of Dublin Drive approximately 30 -50' north and south of Ireland Drive, Killarney and Kearney Lane; Acting Traffic Engineering Planner regarding Install NO PARKING, STOPPING, STANDING ANY TIME signs on the west side of S. Madison Street adjacent to the University of Iowa Wellness Center; Acting Traffic Engineering Planner regarding Installation of 2 parking meters in the 800 block of S. Clinton Street; Acting Traffic Engineering Planner regarding Install NO U -TURN signs on Emerald Street adjacent to Horn Elementary School; Acting Traffic Engineering Planner regarding Establish a 20mph school speed zone on Emerald Street adjacent to Horn Elementary School; Acting Traffic Engineering Planner regarding Prohibit parking on the south side of Amber Lane between 7AM -5PM Monday- Friday; Bobbie Ney regarding Complaint about city transit with regards to zip cars [Staff response included]; Mary Kathryn Wallace; Drew Dillman; Michael Crawford; Layton Olson; Wallace Taylor, Lynn Sidwell, James White regarding Taft Floodwall (levee) /Idyllwild Buyout; Kenna Prottsman regarding Urban Chickens [Staff response included]; Rita Bettis regarding Initiative Action by Aleksey Gurtovoy and Martha Hampel [Staff response included]; Melvin Lorenzo Kelly regarding Mosquitos — Blood Transmittal Diseases; Robert Engel regarding Traffic Cameras; Bill Ackerman regarding Parking Issue to address. [Staff response included]; Steven Bullard regarding Ralston Creek [Staff response included]; Melvin Lorenzo Kelly regarding Homelessness, Employment, Education; Daniel Benton regarding Senior Center Commission term. Cindy Roberts, Grant Wood Neighborhood Association, appeared regarding the temporary discontinuing of the Friday Night Skate night event. The following people appeared regarding the Taft Speedway levee: Greg Geerdes, 890 Park Place; Cathy Wilcox, 119 Taft Speedway; and Regenia Bailey. Complete Description October 23, 2012 Page 4 Moved by Mims, seconded by Payne, to set a public hearing for November 13 on a resolution amending the comprehensive plan to change the future land -use map designation from Office Research Park to Low - Density Multi- Family Residential (8 -16 dwelling units per acre) for a 27 -acre area bounded by Camp Cardinal road to the east, the Cardinal Pointe South Subdivision along Ryan Court to the north, and Camp Cardinal Boulevard to the west, subject to the text of the plan noting that environmentally - sensitive areas and limited street access may result in development at a lower density (CPA12- 00003). Moved by Mims, seconded by Dickens, to set a public hearing for November 13 on a resolution amending the Central District Plan to change the land -use designation from Low to Medium Density Multi - Family to Single - Family and Duplex Residential for properties located at 905, 909 and 911 North Governor Street and a property between 906 North Dodge Street and 910 North Dodge Street (CPA12- 00004). Moved by Champion, seconded by Payne, to set a public hearing for November 13 on an ordinance to amend the Planned Development Overlay Medium - Density Single - Family (OPD -8) Plan for Saddlebrook Meadows Part 1 to add a single -story ranch -style house plan to the previously approved OPD Plan for property located at Whispering Meadows Drive and Pinto Lane (REZ12- 00022). Moved by Throgmorton, seconded by Dickens, to set a public hearing for November 13 on an ordinance conditionally rezoning approximately 1.38 acres located at 1030 William Street from Commercial Office (CO -1) to Medium - Density Multi - Family (RM -20) (REZ12- 00023). Moved by Mims, seconded by Payne, to set a public hearing for November 13 on an ordinance amending Title 14, Zoning Code, Article 4C, accessory uses and buildings, to allow for the keeping of chickens as an accessory use to single family detached uses and to reference standards for structures for the keeping of chickens. A public hearing was held on an ordinance rezoning 1.1 -acres of land located at 2225 Mormon Trek Boulevard from Intensive Commercial (CIA) to Community Commercial (CC -2) (REZ12- 00020). The Mayor request Council Members to disclose any ex parte communications and none were reported. PCD Davidson presented a power point. Individual Council Members expressed their views. Moved by Champion, seconded by Dobyns, that the 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), be given first vote. Moved by Mims, seconded by Payne, that ORD. 12 -4498, REZONING APPROXIMATELY .034 ACRES LOCATED AT 518 BOWERY STREET AS AN IOWA CITY HISTORIC LANDMARK. (REZ12- 00014), be passed and adopted. The Mayor request Council Members to disclose any ex parte communications and none were reported. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote. Ayes: Hayek, Mims, Payne, Throgmorton, Champion, Dickens. Nays: Dobyns. Moved by Mims, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 12 -4499, CONDITIONALLY REZONING 172 ACRES OF LAND FROM INTERIM DEVELOPMENT — RESEARCH PARK (ID -RP), PLANNED Complete Description October 23, 2012 Page 5 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), be voted on for final passage at this time. The Mayor request Council Members to disclose any ex parte communications and Council Member Throgmorton reported. Moved by Mims, seconded by Payne, that the ordinance be finally adopted at this time. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote: Mims, Payne, Champion, Dickens, Dobyns, Hayek. Nays: Throgmorton. Moved by Throgmorton, seconded by Champion to accept correspondence from Mark Danielson. Moved by Mims, seconded by Champion, to adopt RES. 12 -458, APPROVING A PRELIMINARY PLAT OF MOSS RIDGE CAMPUS, IOWA CITY, IOWA (SUB12- 00003). PCD Dir. Davidson presented a power point. Individual Council Members expressed their views. A public hearing was held on a resolution determining the area added to the City - University Project 1 Urban Renewal Area to have conditions of blight such that the rehabilitation, conservation, redevelopment, development, or a combination thereof, is necessary in the interest of the public health, safety or welfare; designating such area as appropriate for an urban renewal project; and adopting Amendment No. 10 to the City- University Project 1 Urban Renewal Plan therefor. Economic Development Coordinator Ford presented a power point. Individual Council Members expressed their views. Moved by Mims, seconded by Dickens, to adopt RES. 12 -459, DETERMINING THE AREA ADDED TO THE CITY - UNIVERSITY PROJECT 1 URBAN RENEWAL AREA TO HAVE CONDITIONS OF BLIGHT SUCH THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING AMENDMENT NO. 10 TO THE CITY - UNIVERSITY PROJECT 1 URBAN RENEWAL PLAN THEREFOR. Individual Council Members expressed their views. Moved by Payne, seconded by Dickens, to adopt RES. 12 -460, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN OPERATING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY DOWNTOWN SELF SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT. Iowa City Downtown District Board Member Karen Kubby and Director Nancy Bird distributed information and provided an update. Moved by Throgmorton, seconded by Dickens, to accept correspondence. Moved by Dobyns, seconded by Dickens, to adopt RES. 12 -461, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A JOINT DEFENSE AND INDEMNIFICATION AGREEMENT BY AND Complete Description October 23, 2012 Page 6 BETWEEN THE CITY OF IOWA CITY AND VJ ENGINEERING IN THE MATTER OF JUDDS BROTHERS V. CITY OF IOWA CITY. Moved by Payne, seconded by Dobyns, to adopt RES. 12 -462, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SIMMONS PERRINE MOYER & BERGMAN TO PROVIDE LEGAL SERVICES IN THE MATTER OF JUDDS BROTHERS V. CITY OF IOWA CITY The Mayor noted the previously announced vacancies to Boards and Commissions: 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. The Mayor noted that no applications were received for the following vacancies and all will be readvertised: Airport Zoning Brd of Adjustment for a five -year term January 1, 2012 - December 31, 2016. (New full term); Airport Zoning Brd of Adjustment for a five - year term January 1, 2009 - December 31, 2013; Airport Zoning Commission for a six - year term January 1, 2010 — December 31, 2015; Airport Zoning Commission for a six - year term January 1, 2012 — December 31, 2017 (New full term). Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council agreed to defer the appointment of a City Council Economic Development Committee alternate until it could be scheduled at a future work session. Mayor Pro tem Mims reminded everyone of the Landlocked Film Festival running October 25 -28. City Manager Markus announced the Ad Hoc Diversity Information Gathering Session planned for November 15 at the Public Library; reported that the review of the nine proposals submitted on the College- Gilbert site was beginning; and announced Iowa City has been named by Kiplinger's Personal Finance as one of the top communities for livability. Moved by Champion, seconded by Payne, to adjourn back to the work session meeting, 8:20 p.m. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk