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Home My WebLink About2012-12-04 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 DECEMBER 4, 2012 Iowa City City Council, regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. Staff members present: Markus, Fruin, Bentley, Dilkes, Karr, Davidson, Fosse, Bentley, Goodman. The Mayor presented Outstanding Student Citizenship Awards to Horace Mann Elementary students: Marin Irvine, Oriana Ross, Rocio Stejskal. The Mayor proclaimed Human Rights Day — December 10, Human Right Commissioner Harry Olmstead accepting. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Champion, seconded by Mims, that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as amended: Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). Human Rights Commission — October 16; Police Citizens Review Board — October 9. Permit Motions and Resolutions as Recommended by the City Clerk. (Renewal): Class C Beer Permit for Sector, Inc., dba Creekside Market, 2601 Highway 6 East. Resolutions and Motions: Approve disbursements in the amount of $21,110,904.06 for the period of October 1 through October 31, 2012, as recommended by the Finance Director subject to audit; RES. 12 -510, AUTHORIZING THE CITY MANAGER TO SIGN A "GREAT PLACES" GRANT AGREEMENT WITH THE STATE OF IOWA FOR THE IOWA RIVER RESTORATION /BURLINGTON STREET DAM PROJECT; RES. 12 -511, ESTABLISHING THE CITY OF IOWA CITY'S 2013 LEGISLATIVE PRIORITIES. Setting public hearings: RES. 12 -512, SETTING A PUBLIC HEARING ON DECEMBER 18, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FAIRMEADOW PARK SPLASH PAD 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: Melvin Lorenzo Kelly regarding Nationwide Musical Project; Matt Miller regarding Condemn Uganda's 'Kill The Gays' Bill; Nicholas Davidson regarding Landfill Fire Insurance [Staff response included]; John Monick, Carol de Prosse, regarding Taft Speedway Floodwall (Levee); Denise Halter, Edward Weisberg, Cliff Pirnat, Palmer Holden, [Article submitted by City Manager] regarding Plastic Bag Ban; Matt Ohloff regarding GE Labeling Resolution. Mary Gravitt, appeared regarding Section 8 vouchers being discontinued at Dolphin Pointe. Staff will follow -up. Becky Ross, 18 Valley View Knoll, suggested Council view the "Bag It" documentary and stated the viewing would ensure people would take cloth bags to the grocery store rather than use the plastic bags. Zach Heffernen, 48 W. Court #306, thanked Council for the Human Rights Day proclamation and requested the City send a recommendation to University President Mason requesting the UI Center fo Human Rights remain open. Complete Description December 4, 2012 Page 2 Moved by Dobyns, seconded by Payne, to set a public for December 18 on an ordinance conditionally rezoning approximately 8.21 acres of land located at the northeast corner of the intersection of North Dodge Street and Prairie du Chien road from Medium Density Single Family (RS -8), Neighborhood Public (P -1) and Highway Commercial (CH- 1) to Planned Development Overlay- Community Commercial (OPD- CC -2 /Hy Vee) (REZ12- 00026). Moved by Mims, seconded by Dickens, to set a public hearing for December 18 on an ordinance to vacate the right -of -way for a portion of St. Clements Alley (VAC12- 00004). 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 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) (RES12- 00025), be voted on for final passage at this time. The Mayor declared the motion defeated, 0/7. The Mayor requested Council Members report any ex parte communications. Mayor Hayek and Council Member Dobyns reported. PCD Dir. Davidson presented a power point. PW Dir. Fosse present for discussion. Individual Council Members expressed their views. Moved by Mims, seconded by Champion, that the ordinance, be given second vote. The Mayor declared the motion carried. Moved by Throgmorton, seconded by Payne, to accept correspondence from Jeff Miller. Moved by Mims, seconded by Payne, that ORD. 12 -4502, 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 passed and adopted. Moved by Champion, seconded by Dobyns to move up Items 9 and 10 for discussion along with the next item. Moved by Mims, seconded by Payne, that ORD. 12 -4503, 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 passed and adopted. Individual Council Members expressed their views. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote: Ayes: Mims, Throgmorton, Champion, Dobyns, Hayek. Nays: Payne, Dickens. Moved by Mims, seconded by Throgmorton, 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 ordinance amending Title 8, entitled 'Police Regulations," Chapter 4, entitled "Animal Control," to establish a permit process for urban chickens, be voted on for final passage at this time. The Mayor declared the motion defeated, 5/2 (requires 6 votes), with the following division of roll call vote: Ayes: Mims, Throgmorton, Champion, Dobyns, Hayek. Nays: Payne, Dickens. Moved by Mims, seconded by Champion, to Complete Description December 4, 2012 Page 3 be give second consideration to ordinance. 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 Dobyns, seconded by Payne, to accept correspondence from Ed Pech, Dawn Hays, Edward Sobolewski, Shannon Gassman, Roberta Till -Retz, Victoria Solursh, Tam and Mitch Bryk, Jim Maynard, Betty White. Moved by Mims, seconded by Payne, to defer to December 18 a resolution adopting an Urban Chicken Policy. A public hearing was held on a resolution approving plans, specifications, and estimate of cost for the construction of the Rochester Avenue bridge over Ralston Creek Project [BRM- 3715(650)- 8N -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. No one appeared. Moved by Mims, seconded by Payne, to adopt RES. 12 -513, APPROVING PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ROCHESTER AVENUE BRIDGE OVER RALSTON CREEK PROJECT [BRM- 3715(650)--8N-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 Payne, seconded by Throgmorton, that the ordinance amending Title 7, Chapter 1, Fire Prevention and Protection, by adopting the 2012 Edition of the International Fire Code to regulate and govern the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Iowa City and providing for the issuance of permits, be given second vote. Moved by Champion, seconded by Dobyns, that ORD. 12 -4504, 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 passed and adopted. The following individuals appeared: Mary Gravitt, 2414 Wayne #6; Louise Young, Johnson County Coalition for Persons with Disabilities; Caroline Dleterle, 727 Walnut. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote. Ayes: Dobyns, Hayek, Mims, Payne, Champion, Dickens. Nays: Throgmorton. Individual Council Members expressed their views. Moved by Mims, seconded by Payne, to accept correspondence from Jerry Raaz. Moved by Dobyns, seconded by Payne, that ORD. 12 -4505, 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, Complete Description December 4, 2012 Page 4 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 passed and adopted. Moved by Payne, seconded by Mims, that ORD. 12 -4506, 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 passed and adopted. Moved by Champion, seconded by Dobyns, that the ordinance providing that general property taxes levied and collected each year on all property located within that area added to the City- University Project 1 Urban Renewal Area pursuant to the tenth amendment thereto in the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, rebates, grants, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the City- University Project 1 Urban Renewal Plan, be given second vote. Moved by Mims, seconded by Throgmorton, that the ordinance amending Title 5, entitled "Business and License Regulations," Chapter 1, entitled "General Licensing Provisions" and Chapter 2, entitled "Taxicabs" to require a distinctive color scheme for all vehicles driven by a company; require location of a dispatch office to be in Iowa City or Coralville city limits and allow flexibility for dispatching from the office; restrict new companies to starting June 1 of each year; clarify language regarding vehicle lettering, and require driver identification to be posted in the vehicle facing the passengers, be given second vote. Mary Gravitt, 2414 Wayne #6; and Chris Cutkomp, owner /operator of Big Ten, appeared. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Champion, Dickens, Dobyns, Hayek, Mims, Payne. Nays: Throgmorton. Moved by Champion, seconded by Dobyns, to accept correspondence from Chris Cutkomp (x3). Council Member Payne left the meeting due to conflict of interest. A public comment was held on development proposals for the redevelopment of the northeast corner of the College Street and Gilbert Street intersection. PCD Dir. Davidson present for discussion. The following individuals appeared: Mark Neucollins, Iowa City Climate Advocates; Maureen Arensdorf, 279 E. Dovetail, 100 Grannies; Rev. Benjamin Webb, 325 College St., Trinity Episcopal Church; Matt Hartz, New Pioneer Co -op's General Manager, presented a power point; Hank Madden, New Pioneer Co- op's Treasurer; Andrew Sherburne1204 Sheridan Ave.; Cory Creekmur. 1157 E. Court St.; Becky Ross, 18 Valley View Knoll, 100 Grannies; David Gould, 2923 Radcliffe Ave.; Jesse Damazo, 20 S. Lucas St. #E; Eric Gidal, 328 Brown St.; John Thomas 509 Brown St.; Linda McGuire, 618 Ronalds St.; Louis Young, Trinity Episcopal Church member; Hannah Papineschi, C -Wise Design and Consulting; Mary Gravitt, 2414 Wayne # 6; Complete Description December 4, 2012 Page 5 Sarah Clark, Brown St.; Laura Burgus, FilmScene Board Member; Pam Michaud, 109 S. Johnson; Nancy Carlson, 1002 E. Jefferson; Karen Kubby, 1425 Ridge St.; Diane Machatka, 406 Reno St.; Kari Thompson, 1011 Church St.; Ashley Shields, Dewey St.; Andre Perry, 210 N. Gilbert St. Moved by Mims, seconded by Dobyns, to accept correspondence from Tim Weitzel, Susan VanWye, Gail Falk, Eric Axelson, Gregory Delzer, Mary Duncan, J. Perkins, Tim Dwight, Eric Gidal, Ellen Lewin, Genie Maybanks, Joan Falconer, Ryan Durbin, Julie Gabrielson, Roxane Mitten, Jim Schlott, Joanne Seeberger, Mary Blackwood, Joshua Weiner, Megan Drake, David Drake, Sara Krieger, Laura Dowd, Beth Smith, Mark Palmberg, Catherine Porth, Hannah Papineschi, Sandra Dyas, Carol deProsse (3), Patricia Ephgrave, Jesse Damazo, Brian Gotwals, Jan Locher, Tom Martin, Mark Huelsbeck, Josh Eklow, Patricia McNichol, Nathan Morton, Evan Evans, David McCartney, Karen Drake, Cynthia Broderick, B. McBride, Ben Lewis, Jackie Wellborn, Jim Walters, Tom Carsner, Katherine Kelly, Gerald Sims, Mary Crooks, Jason Paulios, Jerry Protheroe, Kathy Campbell, Sara Riggs, Deanne Mirr, Cecile Kuenzli, Martha Schut, Michael Feagler, Patti Zwick, Amy Boelk, Mark Patton, Virginia Melroy, Meg Tisinger. The Mayor noted previously announced vacancies to Boards and Commissions: Board of Appeals for a Home Builders Association Representative; or a qualified trade representative, if after 3 months no professional applies or is appointed, to fill a five -year term January 1, 2013 - December 31, 2017; Board of Adjustment for a five -year term, January 1, 2013 — January 1, 2018; Public Art Advisory Committee — One vacancy to fill a three -year term, January 1, 2013 — January 1, 2016; 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 ; Senior Center Commission for a three -year term, January 1, 2013 — December 31, 2015. This appointment for an at -large member, who is an eligible elector of Johnson County Iowa but not a resident of the City of Iowa City, will be appointed by majority vote of the six City Council appointees to the Commission. Applications must be received by 5:00 p.m., Wednesday, December 12, 2012. The Mayor noted 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 Member Dickens thanked all the volunteers who helped with the "Celebrate the Seasons" event downtown on December 1st, also acknowledging Bill & Shield Boyd for bringing their horse and buggy down for rides. Dickens also noted Bruegger's had broken ground on Iowa Avenue. Complete Description December 4, 2012 Page 6 City Atty. Dilkes reported that Andy Chappell form the County Attorney's office would be representing the City during the rezoning action requested by Hy Vee on North Dodge Street. Moved by Mims, seconded by Dickens, to adjourn meeting 9:40 p.m Matthew J. y k, Mayor Marian Karr, City Clerk