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HomeMy WebLinkAbout2013-03-05 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 MARCH 5, 2013 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. Staff members present: Markus, Fruin, Dilkes, Karr, Panos, Reichart, Moran, Davidson, O'Brien, Andrew, Bockenstedt, Bentley. The Mayor proclaimed March as Women's History Month. Human Rights Commissioner Joe Dan Coulter accepting; Special Olympics Month — March. Joyce Rossi and Special Olympians Breann McFarland; Eliana Friendman, Mallory Earnest, Charles Lee, Sherry McKee, Jennifer Foster, Kelly Petersen, Geof Hacker, Jill Michalek, Sara Rugg, Justin Conklin, Mary Kay Eckerman, Morgan Vaughn, and coaches Colby Moore and Amana Delgado accepting. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Champion, seconded by Payne, that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as presented: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: February 19 Council Work Session; February 19 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 — February 11; Ad Hoc Diversity Committee — February 20; Human Rights Commission — January 15; Telecommunications Commission — January 28. Permit Motions and Resolutions as Recommended by the City Clerk. (New): Special Class C Liquor License for Sunny Ventures, Inc., dba Sunny Restaurant, 630 Iowa Ave.; Five -Day Class C Liquor License for The Englert Theatre, LP, dba The Englert Theatre, 221 E. Washington St. (3/12/13 - 3/17/13). (Renewal): Special Class C Liquor License for Oyama Sushi Chen's, Inc., dba Oyama Sushi, 1853 Lower Muscatine Rd.; Class C Liquor License for Carl & Ernie Enterprises, LLC, dba Carl & Ernie's Good Time Pub & Grub, 161 Highway 1 W; Outdoor Service Area for Carl & Ernie Enterprises, LLC, dba Carl & Ernie's Good Time Pub & Grub, 161 Highway 1 W.; Class B Liquor License for RBD Iowa City, LLC dba Sheraton Iowa City, 210 S. Dubuque St.; Outdoor Service Area for RBD Iowa City, LLC dba Sheraton Iowa City, 210 S. Dubuque St.; Class C Liquor License for Katy, LLC, dba Trumpet Blossom Cafe, 310 E. Prentiss St.; Outdoor Service Area for Katy, LLC, dba Trumpet Blossom Cafe, 310 E. Prentiss St.; Class C Liquor License for Kmarcella, Inc., dba Donnelly's Pub, 110 E. College St.; Class C Liquor License for Graze Iowa City, LLC, dba Graze, 115 E. College St.; Outdoor Service Area for Graze Iowa City, LLC, dba Graze, 115 E. College St.; Special Class C Liquor License for The Noodle Shop, Co.- Delaware, Inc., dba Noodles & Company, 201 S. Clinton St., Suite 158; Outdoor Service Area for The Noodle Shop, Co.- Delaware, Inc., dba Noodles & Company, 201 S. Clinton St., Suite 158; Outdoor Service Area for Takanami, LLC, dba Takanami, 219 Iowa Ave.; Outdoor Service Area for Etre Plaza Towers Restaurant, LLC, dba Formosa, 221 E. College St.; Complete Description March 5, 2013 Page 2 RES. 13 -57, TO ISSUE A DANCING PERMIT to RBD Iowa City, LLC dba Sheraton Iowa City, 210 S. Dubuque St. Resolutions and Motions: RES. 13 -58, APPROVING AN AMENDMENT TO LEASE WITH MERSCHMAN SEEDS, INC. TO LEASE AN ACCESS WAY FROM MORMON TREK BLVD. TO THE NORTH /SOUTH RUNWAY; RES. 13 -59, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A FOUR -MONTH EXTENSION OF THE AGREEMENT WITH PUBLIC ACCESS TELEVISION, INC.; RES. 13 -60, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AMENDMENT #1 TO THE AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA, AND MDK DEVELOPMENT L.L.C.; RES. 13 -61, AUTHORIZING $5,000 IN FUNDING ASSISTANCE FOR THE 2013 MISSION CREEK FESTIVAL; RES. 13 -62, AUTHORIZING APPLICATIONS FOR FUNDING ASSISTANCE FROM THE IOWA DEPARTMENT OF TRANSPORTATION (IDOT) FOR DEVELOPMENT OF THE IOWA RIVER TRAIL ALONG THE IOWA RIVER FROM BENTON STREET TO STURGIS FERRY PARK; Approve disbursements in the amount of $15,075,356.33 for the period of January 1 through January 31, 2013, as recommended by the Finance Director subject to audit; RES. 13 -63, DESIGNATING THE AUTHORIZED OFFICERS OR EMPLOYEES TO CONDUCT BUSINESS WITH AUTHORIZED BANKING INSTITUTIONS; RES. 13 -64, 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 ABUNDANT PLAYSCAPES, INC., OF IOWA CITY TO PROVIDE ENGINEERING CONSULTING SERVICES FOR THE LOWER CITY PARK -PARK IMPROVEMENT PROJECT PHASE 2; RES. 13 -65, ACCEPTING THE DEDICATION OF A 17' STRIP LAND ALONG BENTON STREET FROM CHRISTIAN RETIREMENT SERVICES, INC. IN IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC RIGHT -OF -WAY; RES. 13- 66, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 527 MEADOW STREET, IOWA CITY, IOWA. Setting Public Hearings: RES. 13 -67, SETTING A PUBLIC HEARING ON MARCH 19, 2013, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CITY PARK SHELTER SIX REPLACEMENT 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: Sue Brenneman, Orville Townsend, Sr., Human Rights Commission Chair regarding SEATS; Anna Hobart regarding Audio Story — University of Iowa. [Staff response included]; Judith Dillman, Gregg Geerdes, regarding Extension of Normandy Drive Lower City Park Access Plans. [Staff response included]; Carol deProsse regarding Single Ticket Voting and Garbage Cans; Rick Dvorak, Johnson County Planning & Zoning Administrator regarding Iowa City / Johnson County Fringe Area Agreement [Staff memo included]. Complete Description March 5, 2013 Page 3 Moved by Dobyns, seconded by Dickens, to set a public hearing for March 19 on an ordinance to amend Subsection 14- 4134A, Paragraph 7, to allow multi - family dwelling units to be located on or below the street level floor of a building by Special Exception in the CB -5 Zone for buildings designated as an Iowa City Historic Landmark (The Vine Tavern Building). Moved by Champion, seconded by Dobyns, to set a public hearing for March 19 on an ordinance rezoning approximately 4,000 square feet of land located at 529 S. Gilbert Street as an Iowa City Historic Landmark (REZ13 -00008 The Vine Tavern Building). Moved by Mims, seconded by Dickens, to set a public hearing for April 9 on a resolution to amend the Central District Plan Map designation from Office Commercial to High Density Multi - Family Residential for property located at 821 E. Jefferson Street. Moved by Dickens, seconded by Throgmorton, to set a public hearing for April 9 on an ordinance conditionally rezoning approximately 0.465 acres of land from Commercial Office (CO -1) Zone to High Density MultiFamily (RM -44) zone for property located at 821 E. Jefferson Street. A public hearing was held on an ordinance amending Section 14 -4E -8 of the Zoning Code to modify how Nonconforming Development is regulated. PCD Dir. Davidson present for discussion. Moved by Mims, seconded by Payne, that the ordinance amending Section 14 -4E -8 of the Zoning Code to modify how Nonconforming Development is regulated, be given first vote. A public hearing was held on an ordinance amending Section 14 -413-12 and Table 2C -1 of the Zoning Code to include new standards for quick vehicle servicing uses if located in the Towncrest Design Review District or the Riverfront Crossings District. PCD Dir. Davidson presented a power point. Moved by Mims, seconded by Throgmorton, that the ordinance amending Section 14 -413-12 and Table 2C -1 of the Zoning Code to include new standards for quick vehicle servicing uses if located in the Towncrest Design Review District or the Riverfront Crossings District, be given first vote. Mayor Hayek abstained due to a conflict of interest on the next item and left the meeting. Mayor Pro tem Mims presiding. Moved by Dobyns, seconded by Dickens, to defer to March 19 an ordinance rezoning approximately 0.47 acres of land located at 906 N. Dodge Street from Multi - Family (R313) Zone to High Density Single Family Residential (RS -12) Zone and approximately 1. 15 acres of land located at 911 N. Governor Street from Commercial Office (CO -1) Zone to High Density Single Family Residential (RS -12) Zone and approximately 1.78 acres of land located at 902 and 906 N. Dodge Street from Multi - Family (R3B) Zone to Medium Density Multi - Family Residential (RM -20) Zone (REZ12- 000016,18 & 19). Atty. Keith Larson, representing TSB Holdings, appeared. The Mayor Pro tem declared the motion carried unanimously, 6/0/1, Hayek abstaining. Moved by Dobyns, seconded by Dickens to accept correspondence from Keith Larson. Mayor Hayek returned to meeting and now presiding. Moved by Payne, seconded by Mims, to defer indefinitely item 5h, ordinance conditionally rezoning approximately 7.79 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 Complete Description March 5, 2013 Page 4 Planned Development Overlay- Community Commercial (OPD -CC -2) (REZ12- 00026); item 5i, ordinance vacating the right -of -way for a portion of St. Clement Street (VAC12- 00005); and item 5j, resolution approving the preliminary plat of Roberts Dairy Addition, Iowa City, Iowa (SUB12- 00012). A public hearing was held on a resolution determining an area of the city to be an Economic Development area; designating such area as appropriate for an Urban Renewal Project; and adopting the Camp Cardinal Urban Renewal Plan therefor. Glenn Siders, Southgate Development Services, appeared. Moved by Dobyns, seconded by Mims, to adopt RES. 13 -68, DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING THE CAMP CARDINAL URBAN RENEWAL PLAN THEREFOR. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Hayek, Mims, Payne, Champion, Dickens, Dobyns. Nays: Throgmorton. A public hearing was held on a resolution conveying a single family home located at 301 Douglass Street. Moved by Mims, seconded by Payne, to adopt RES. 13 -69, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 301 DOUGLASS STREET. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the FY2014 Asphalt Resurfacing Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, and fixing time and place for receipt of bids. Moved by Payne, seconded by Mims, to adopt RES. 13 -70, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY 2014 ASPHALT RESURFACING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. A public hearing was held on resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the West Side Levee Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, and fixing time and place for receipt of bids. Joe Martin appeared. Special Projects Engr. Reichart present for discussion. Moved by Dobyns, seconded by Dickens, to adopt RES. 13 -71, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WEST SIDE LEVEE PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. A public hearing was held on a resolution adopting proposed operating budget for the Fiscal Year July 1, 2013, through June 30, 2014, the Proposed Three -Year Financial Plan for FY2014 — 2016, and also the Multi -Year Capital Improvements program through fiscal year 2017. Finance Dir. Bockenstedt presented a power point. The following individuals appeared: Cynthia Fairchild, 604 Ronalds St.; Jason Lewis, PTO President of Mark Twain (presented a power point); John Thomas, 509 Brown; Complete Description March 5, 2013 Page 5 Eric Johnson; and Harry Olmstead, 1951 Hannah Jo Ct. Moved by Mims, seconded by Payne, to accept power point correspondence from Jason Lewis. Moved by Champion, seconded by Mims, to adopt RES. 13 -72, ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2014, as amended by removing individual Aid to Agencies funding recommendations. Individual Council Members expressed their views. Moved by Payne, seconded by Dickens, to adopt RES. 13 -73, APPROVING THE THREE -YEAR FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, AND THE FIVE -YEAR CAPITAL IMPROVEMENTS PROGRAM. Moved by Payne, seconded by Mims, to adopt RES. 13 -74, ALLOCATING THE COMMUNITY EVENTS AND PROGRAM FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2014. Moved by Mims, seconded by Payne, to adopt RES. 13 -75, ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN -UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. 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); Airport Commission for a four -year term, March 1, 2013 — March 1, 2017; Historic Preservation Commission for a Jefferson St. representative to fill three -year terms, March 29, 2013 — March 29, 2016 (New District formed); Planning & Zoning Commission for a five -year terms, May 1, 2013 — May 1, 2018. Applications must be received by 5:00 p.m., Wednesday, March 13, 2013. The Mayor noted the current vacancy: Housing & Community Development Commission for an unexpired term, effective upon appointment, ending September 1, 2015. Applications must be received by 5:00 p.m., Wednesday, April 17, 2013. 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 he had the opportunity to fill in for Mayor Hayek at the Sertoma Essay Contest Luncheon, and stated he was very impressed with the essays. Mayor Pro tem Mims encouraged participation and support of the banquet and fundraiser "Children of Promise ", a program funded by the Sixth Judicial District scheduled for April 2nd; and reported on "town meeting day" in Jericho, Vermont. Council Member Throgmorton stated he would filling in for Mayor Hayek greeting visitors from Bagdad, Iraq, on March 11; acknowledged West High's Ally Disterhoft and City High's Haley Lorensen and Mickey Hansche for being names to Class 5A All -State Basketball Team; and Ms. Disterhoft also being names Miss Basketball in Iowa. Mayor Hayek commended downtown business owners, the Downtown District, and City staff for a job well done on snow removal this winter. Complete Description March 5, 2013 Page 6 City Manager stated he would sharing a report in the next information packet concerning sequestration and its impact in Iowa. Moved by Payne, seconded by Mims, to adjourn meeting at 8:12 p.m. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk !*at* CITY OF MEMORANDUM IOWA CITY "'03_05_ 3� ate) Date: February 26, 2013 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, February 19, 2013, 5:20 PM in Emma J. Harvat Hall Council: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton UISG: Bramel Staff: Markus, Fruin, Bentley, Dulek, Karr, Davidson, Rackis, Long, Hightshoe, Scott, Knoche, Reichart, Purdy, Morris Andrew, Lt. Brotherton (A complete transcription and power point presentations are available in the City Clerk's Office and the City website) QUESTIONS FROM COUNCIL REGARDING AGENDA ITEMS (Agenda item # 11 — Ordinance ... residential solid waste storage ... behind the building line of residential structures) Council Member Payne questioned why a City -wide ordinance was necessary for a specific problem of a few; and questioned screening and special exception requirements. City Manager Markus stated the request was responding to the strategic plan and neighborhood stabilization issues; and Housing & Inspection Services Dir. Boothroy would be present at the formal meeting to address the matter. Majority requested more input from other neighborhoods and staff prior to action. 2. (Consent Calendar # 5e(2) West Side Levee — resolution setting a public hearing ...) In response to Council Member Throgmorton, Special Projects Engineer Reichart stated he would provide notification to property owners and residents regarding the hearing. 3. (Consent Calendar # 5f(6) Correspondence ... Cindy Roberts — Skate Night) Council Member Throgmorton noted correspondence regarding skate night returning to Grant Wood Elementary on Sunday afternoons. 4. (Agenda item # 7g Mackinaw Village ... approving preliminary plat ...) In response to Council Member Dobyns, PCD Dir. Davidson showed a power point and answered questions regarding the trail along Iowa River; acknowledge a REAP grant for $200,000. 5. (Agenda items # 7d, 7e, 7f — conditional rezoning, vacating right -of -way, and preliminary plat approval for Roberts Dairy / Hy Vee) City Clerk Karr announced that the applicant had requested deferral of all three agenda items to the March 5th meeting. BOARD AND COMMISSION APPOINTMENTS (# 13) # 13e Airport Commission — readvertise # 13f Civil Service Commission — Jesse Case #13g Historic Preservation Commission — Kent Ackerson; Frank Durham; Kate Corcoran # 13h Planning & Zoning Commission — Ann Freerks and readvertise one # 13i Telecommunications Commission — Bram Elias Council Work Session February 19, 2013 Page 2 LOCAL HOMELESS SERVICES QP 3) The following individuals presented information: • Chrissy Canganelli, Executive Director, Shelter House • Stephanie VanHousen, Homeless Liaison for the Iowa City Community School District • William Liu, University of Iowa Professor of Counseling Psychology Community Development Planner Hightshoe present for discussion. ACTION: None at this time. INFORMATION PACKET DISCUSSION [February 7,14] ➢ February 17 1. (IP3 — Memo from PW Dir. and Recycling Coordinator ... 2012 Recycling Updates) In response to Council Member Dobyns, Asst. to the City Manager Fruin reported that household hazardous wastes does provide a service four times a year that enables citizens to drop off toxics without traveling to the landfill; and the next one is scheduled at the Eastside Recycling Center on March 2 "d 2. Mayor Pro tem Mims stated the information packet contained a lot of good information, and stated she appreciated staff putting the items together. 3. (IP6 — Material from the City Manager - Para transit (SEATS) ... February 5 work session) Mayor Hayek provided an update on the Council Committee (Hayek, Dobyns, Dickens) working with staff and communicating with other cities and Johnson County regarding SEATS. ➢ February 14 1. (IP12 — Para transit Advisory Agenda) Council Member Dickens reported that the Para transit Committee had moved the meetings to 1:00 to enable Dobyns to attend. 2. (IP15 & IP16 — Economic Development Minutes) Council Member Payne questioned the terms on the attendance charts attached to the minutes. City Manager Markus and City Clerk Karr stated staff has been contacted and the discrepancy will be addressed on the final minutes. Council Member Dobyns questioned whether Council Member Payne would continue to recluse herself on the College / Gilbert discussion. Asst. City Atty. Dulek stated she would research the matter as it relates to the developer's agreement. 3. (IP7 — RISE grant awarded for Moss Ridge Road) Mayor Hayek and Council Members thanked Mayor Pro tem for attending the IDOT meeting in Ames with staff. 4. (IP5 — KXIC Radio Show) Council agreed to the following schedule: February 27 - Dickens March 6 - Payne March 13 - Hayek March 20 - Dobyns March 27 - Champion April 3 - Mims April 10 - Dickens Council Work Session February 19, 2013 Page 3 PENDING WORK SESSION TOPICS [IP # 41 ►= MEETING SCHEDULE rIP # 51 None COUNCIL TIME 1. Council Member Dickens reported on a meeting with Chris Daniels from HR Green on the "A Perfect Circle" project, and provided materials to the City Clerk regarding an organic greenhouses business. Staff will follow up. 2. City Manager Markus introduced Police Lt. Brotherton who was present for the homeless discussion earlier in the evening. Lt. Brotherton present for discussion. UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS None Meeting adjourned 6:32 PM. "TPAT-M Subject to change as finalized b the City Clerk. For a final official co 3_ ate. 1 g y y 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 — 2/19/13 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. The Mayor presented the State of the City. The Mayor presented Student Citizenship Awards to Grant Wood Elementary students: William Flack, Karina Lopez, Cora Patterson. The Mayor proclaimed: African American History Month — February; loway City Day — February 23; Sertoma's Freedom Week — Week of February 24, Ted Halm accepting. 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: January 5 Council Budget Work Session; February 5 Council Work Session; February 5 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 — January 14; Ad Hoc Diversity Committee — January 31; Planning and Zoning Commission — December 17; Planning and Zoning Commission — January 14; Planning and Zoning Commission — January 17; Police Citizens Review Board — January 8; Rules Committee — February 8. Permit Motions and Resolutions as Recommended by the City Clerk. (New): Special Class C Liquor License for Onnuri Restaurant, 624 S. Gilbert St.; (Renewal): Class C Liquor License for It's Brothers Bar & Grill, 125 S. Dubuque St.; Outdoor Service Area for It's Brothers Bar & Grill, 125 S. Dubuque St.; Outdoor Service Area for Bo- James,118 E. Washington St.; Outdoor Service Area for Donnelly's Pub, 110 E. College St.; Outdoor Service Area for Panchero's Mexican Grill, 32 S. Clinton St.; Outdoor Service Area for Short's Burger and Shine, 18 S. Clinton St.; Class C Liquor License for Formosa, 221 E. College St.; Outdoor Service Area for Basta, 121 Iowa Ave.; Outdoor Service Area for DC's, 124 S. Dubuque St.; Class C Liquor License for El Ranchero Mexican Restaurant, 21 Sturgis Corner Dr.; Class E Liquor License for Hy -Vee Food & Drugstore #1 & Regal Liquor, 1720 Waterfront Dr.; Class E Liquor License for Hy -Vee Food Store #2, 812 S. First Ave.; Class B Beer Permit for Godfathers Pizza, 531 Hwy 1 West; Class C Beer Permit for Dollar General Store #8137, 41 Hwy 1 West; RES. 13 -38, to ISSUE DANCING PERMIT to It's Brothers Bar & Grill, 125 S. Dubuque St.; RES. 13 -39, TO ISSUE CIGARETTE PERMITS to Dollar General Store #8137, 41 Hwy 1 West. Resolutions and Motions: RES. 13 -40, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WEST BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 422 3RD AVENUE, IOWA CITY, IOWA; RES. 13 -41, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST Official Actions February 19, 2013 Page 2 TO A SUBORDINATION AGREEMENT WITH WEST BANK FOR PROPERTY LOCATED AT 2709 WAYNE AVENUE; RES. 13 -42, RESCINDING PRIOR RESOLUTION NO. 10 -385 AND SETTING FEES AND INSURANCE REQUIREMENTS WITH RESPECT TO THE ADMINISTRATION OF REGULATIONS FOR TAXICABS; RES. 13 -43, APPROVING PROCEDURAL RULES OF THE IOWA CITY BOARD OF ADJUSTMENT; RES. 13-44, SUPPORT TO THE IOWA ECONOMIC DEVELOPMENT AUTHORITY FOR SUBMITTAL OF AN APPLICATION FOR A CDBG DISASTER MULTI - FAMILY UNIT PRODUCTION ROUND 5 APPLICATION AND AUTHORIZING THE CITY MANAGER TO SIGN THE APPLICATION AND THE GRANT AGREEMENT; RES. 13-45, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SOUTH HICKORY HILL PARK SAFE ROOM PROJECT; RES. 13 -46, ACCEPTING THE WORK FOR THE PUBLIC WORKS COMPLEX SANITARY SEWER IMPROVEMENT PROJECT; RES. 13 -47, 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 NEUMANN MONSON PC OF IOWA CITY, TO PROVIDE ARCHITECTURE CONSULTANT SERVICES FOR THE PHASE II DESIGN FOR THE ANIMAL CARE AND ADOPTION CENTER PROJECT; RES. 13 -48, 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 SHIVE- HATTERY, INC., TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE BURLINGTON / CLINTON INTERSECTION IMPROVEMENTS PROJECT; RES. 13 -49, 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 HR GREEN INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY LANDFILL AND RECYCLING CENTER. Setting Public Hearings: RES. 13 -50, SETTING A PUBLIC HEARING ON MARCH 5, 2013, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY2014 ASPHALT RESURFACING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 13 -51, SETTING A PUBLIC HEARING ON MARCH 5, 2013, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WEST SIDE LEVEE PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 13 -52, SETTING PUBLIC HEARING FOR MARCH 5, 2013, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 301 DOUGLASS STREET. Correspondence: Bob Long regarding Business; Tundi Brady, Richard Blomgren regarding HOPE FOR A HELMET; Holly Hart regarding Follow -Up: Locating Temporary Overnight Shelter; Rod Sullivan, Casey Hayse, Richard Sorey, Carol Spaziani regarding SEATS; Richard Beyer regarding Waste Removal [Staff response Official Actions February 19, 2013 Page 3 included]; Cindy Roberts regarding Family Skate time returns to Grant Wood Elementary; Kathleen Henderson, Joy Smith & David Rust, Devin Redmond, Ellen Heywood & Paul Ingram; Victoria & Jim Brown; Catherine Krahe; David Borger Germann regarding College and Gilbert Selection; Carol deProsse regarding Blog On City Manager / County Relations; Patricia Clem regarding Blue Moose Tavern [Staff currently reviewing]. Mary Gravitt, 2714 Wayne Ave., appeared regarding the Gilbert / College project and inclusion of the New Pioneer Coop. Roger Knight, 320 E. Washington St., appeared regarding snow removal; downtown development; trash and noise in the downtown area. Moved and seconded to set a public hearing for March 5 on an ordinance amending Section 14 -4E -8 of the Zoning Code to modify how Nonconforming Development is regulated. Moved and seconded to set a public hearing for March 5 on an ordinance amending Section 14 -413-12 and table 2C -1 of the Zoning Code to include new standards for quick vehicle servicing uses if located in the Towncrest Design Review District or the Riverfront Crossings District. Mayor Hayek abstained due to a conflict of interest on the next item and left the meeting. Mayor Pro tem Mims now presiding. Moved and seconded that the ordinance rezoning approximately 0.47 acres of land located at 906 N. Dodge Street from Multi - Family (R313) Zone to High Density Single Family Residential (RS -12) Zone and approximately 1. 15 acres of land located at 911 N. Governor Street from Commercial Office (CO -1) Zone to High Density Single Family Residential (RS -12) Zone and approximately 1.78 acres of land located at 902 and 906 N. Dodge Street from Multi - Family (R3B) Zone to Medium Density Multi - Family Residential (RM -20) Zone (REZ12- 000016,18 & 19), be given second vote. Tracy Barkalow, President of TSB Holdings, appeared. Moved and seconded to accept correspondence from Tracy Barkalow. Mayor Hayek returned and now presiding. Moved and seconded to defer to March 5 item 7d, ordinance conditionally rezoning approximately 7.79 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) (REZ12- 00026); item 7e, ordinance vacating the right -of -way for a portion of St. Clement Street (VAC12- 00005); and item 7f, resolution approving the preliminary plat of Roberts Dairy Addition, Iowa City, Iowa (SUB12- 00012). Moved and seconded to adopt RES. 13 -53, APPROVING THE PRELIMINARY PLAT OF MACKINAW VILLAGE — PART FIVE, IOWA CITY, IOWA (SUB12- 00015). Moved and seconded to adopt RES. 13 -54, APPROVING THE PRELIMINARY PLAT OF LINDEMANN SUBDIVISION — PART 5 AND 6, IOWA CITY, IOWA (SUB12- 00016). A public hearing was held on a resolution approving an amendment to Iowa City's FY13 Annual Actions Plan, that is a sub -part of Iowa City's 2011 -2015 Consolidated Plan (a.k.a. City Steps). Official Actions February 19, 2013 Page 4 Moved and seconded to adopt RES. 13 -55, ADOPTING IOWA CITY'S FY13 ANNUAL ACTION PLAN, AMENDMENT # 1, WHICH IS A SUB -PART OF IOWA CITY'S 2011 -2015 CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Moved and seconded to adopt RES. 13 -56, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE LANDFILL FY09 CELL RECONSTRUCTION PROJECT. Moved and seconded that ORD. 13 -4517, AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION B, TO MODIFY THE TIPS TRAINING TO ACCOMMODATE THE NEW STATE I -PACT PROGRAM; AND TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION C TO ALLOW THOSE NINETEEN YEARS OF AGE OR OLDER TO REMAIN IN ENTERTAINMENT VENUES UNTIL CLOSING, be passed and adopted. Moved and seconded that the ordinance amending Title 16, entitled "Public Works," Chapter 3, entitled "City Utilities," and Title 17, entitled "Building and Housing," Chapter 5, entitled, "Housing Code," to require that waste containers be stored behind the building line of residential structures, be given first consideration. Moved and seconded to defer the ordinance indefinitely. Moved and seconded to accept correspondence from Sarah Clarke, Mike Wright, Dennis Kowalski. The Mayor noted the previously announced vacancy: Historic Preservation Commission for a Jefferson St. representative to fill three -year terms, March 29, 2013 - March 29, 2016 (New District formed). Applications must be received by 5:00 p.m., Wednesday, March 13, 2013. Moved and seconded to make the following appoints to Boards and Commissions: appoint Jesse Case, 717 Kimball Avenue, to the Civil Service Commission for a four - year term, April 1, 2013 - April 3, 2017; reappoint Kent Ackerson, 617 Brown Street, to the Historic Preservation Commission (Brown Street representative), appoint Frank Durham, 409 S. Summit Summit, to the Historic Preservation Commission (Summit Street representative), appoint Kate Corcoran, 49 Arbor Hill Circle, to the Historic Preservation Commission (At Large representative), all for three -year terms, March 29, 2013 - March 29, 2016; reappoint Ann Freerks, 444 S. Governor Street, to the Planning & Zoning Commission for a five -year term, May 1, 2013 - May 1, 2018; appoint Bram Elias, 221 E. College Street, to the Telecommunications Commission for a three -year term, March 13, 2013 - March 13, 2016. The Mayor noted no applications were received and /or gender balance requirement not met for the following Boards and Commissions and all will be readvertised: Airport Zoning Brd of Adjustment for a five -year term January 1, 2012 - December 31, 2016 (New full term); Airport Zoning Brd of Adjustment for a five -year term January 1, 2009 - December 31, 2013; Airport Zoning Commission for a six -year term January 1, 2010 - December 31, 2015; Airport Zoning Commission for a six -year term January 1, 2012 - Official Actions February 19, 2013 Page 5 December 31, 2017 (New full term); Airport Commission for a four -year term, March 1, 2013 — March 1, 2017; Planning & Zoning Commission for a five -year term, May 1, 2013 — May 1, 2018. 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 accept correspondence from Bram Elias. Moved and seconded to adjourn meeting 8:25 p.m. A more complete description of Council Activities is on file in the office of the City Clerk. s /Matthew J. Hayek, Mayor s /Marian K. Karr, City Clerk Submitted or publication — 2/27/13. 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 FEBRUARY 19, 2013 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. Staff members present: Markus, Fruin, Bentley, Dulek, Karr, Davidson, Boothroy, Bockenstedt, Scott. The Mayor presented the State of the City. The Mayor presented Student Citizenship Awards to Grant Wood Elementary students: William Flack, Karina Lopez, Cora Patterson. The Mayor proclaimed: African American History Month — February; loway City Day — February 23; Sertoma's Freedom Week — Week of February 24, Ted Halm accepting. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Payne, 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: January 5 Council Budget Work Session; February 5 Council Work Session; February 5 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 — January 14; Ad Hoc Diversity Committee — January 31; Planning and Zoning Commission — December 17; Planning and Zoning Commission — January 14; Planning and Zoning Commission — January 17; Police Citizens Review Board — January 8; Rules Committee — February 8. Permit Motions and Resolutions as Recommended by the City Clerk. (New): Special Class C Liquor License for Korean Barbeque Restaurant, Inc., dba Onnuri Restaurant, 624 S. Gilbert St.; (Renewal): Class C Liquor License for Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S. Dubuque St.; Outdoor Service Area for Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S. Dubuque St.; Outdoor Service Area for Motif, Ltd., dba Bo- James,118 E. Washington St.; Outdoor Service Area for Kmarcella, Inc., dba Donnelly's Pub, 110 E. College St.; Outdoor Service Area for Little Donkeys, Inc., dba Panchero's Mexican Grill, 32 S. Clinton St.; Outdoor Service Area for Short's Burger and Shine, LLC, dba Short's Burger and Shine, 18 S. Clinton St.; Class C Liquor License for Etre Plaza Towers Restaurant, LLC, dba Formosa, 221 E. College St.; Outdoor Service Area for Jimmy Jack Mac, Inc., dba Basta,121 Iowa Ave.; Outdoor Service Area for Caffrey, Inc., dba DC's, 124 S. Dubuque St.; Class C Liquor License for El Ranchero, Inc., dba El Ranchero Mexican Restaurant, 21 Sturgis Corner Dr.; Class E Liquor License for Hy -Vee, Inc., dba Hy -Vee Food & Drugstore #1 & Regal Liquor, 1720 Waterfront Dr.; Class E Liquor License for Hy -Vee, Inc., dba Hy -Vee Food Store #2, 812 S. First Ave.; Class B Beer Permit for Stuff Corporation dba Godfathers Pizza, 531 Hwy 1 West; Class C Beer Permit for Dolgencorp, LLC, dba Dollar General Store #8137, 41 Hwy 1 West; RES. 13 -38, to ISSUE DANCING PERMIT to Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S. Dubuque St.; RES. 13 -39, TO ISSUE CIGARETTE PERMITS to Dolgencorp, LLC, dba Dollar General Store #8137, 41 Hwy 1 West. Complete Description February 19, 2013 Page 2 Resolutions and Motions: RES. 13 -40, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WEST BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 422 3RD AVENUE, IOWA CITY, IOWA; RES. 13 -41, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT WITH WEST BANK FOR PROPERTY LOCATED AT 2709 WAYNE AVENUE; RES. 13 -42, RESCINDING PRIOR RESOLUTION NO. 10 -385 AND SETTING FEES AND INSURANCE REQUIREMENTS WITH RESPECT TO THE ADMINISTRATION OF REGULATIONS FOR TAXICABS; RES. 13 -43, APPROVING PROCEDURAL RULES OF THE IOWA CITY BOARD OF ADJUSTMENT; RES. 13-44, SUPPORT TO THE IOWA ECONOMIC DEVELOPMENT AUTHORITY FOR SUBMITTAL OF AN APPLICATION FOR A CDBG DISASTER MULTI - FAMILY UNIT PRODUCTION ROUND 5 APPLICATION AND AUTHORIZING THE CITY MANAGER TO SIGN THE APPLICATION AND THE GRANT AGREEMENT; RES. 13-45, AWARDING CONTRACT to City Construction Group for $258,758.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SOUTH HICKORY HILL PARK SAFE ROOM PROJECT; RES. 13 -46, ACCEPTING THE WORK FOR THE PUBLIC WORKS COMPLEX SANITARY SEWER IMPROVEMENT PROJECT; RES. 13 -47, 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 NEUMANN MONSON PC OF IOWA CITY, TO PROVIDE ARCHITECTURE CONSULTANT SERVICES FOR THE PHASE II DESIGN FOR THE ANIMAL CARE AND ADOPTION CENTER PROJECT; RES. 13 -48, 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 SHIVE- HATTERY, INC., TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE BURLINGTON / CLINTON INTERSECTION IMPROVEMENTS PROJECT; RES. 13 -49, 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 HR GREEN INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY LANDFILL AND RECYCLING CENTER. Setting Public Hearings: RES. 13 -50, SETTING A PUBLIC HEARING ON MARCH 5, 2013, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY2014 ASPHALT RESURFACING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 13 -51, SETTING A PUBLIC HEARING ON MARCH 5, 2013, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WEST SIDE LEVEE PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 13 -52, SETTING PUBLIC HEARING FOR MARCH 5, Complete Description February 19, 2013 Page 3 2013, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 301 DOUGLASS STREET. Correspondence: Bob Long regarding Business; Tundi Brady, Richard Blomgren regarding HOPE FOR A HELMET; Holly Hart regarding Follow -Up: Locating Temporary Overnight Shelter; Rod Sullivan, Casey Hayse, Richard Sorey, Carol Spaziani regarding SEATS; Richard Beyer regarding Waste Removal [Staff response included]; Cindy Roberts regarding Family Skate time returns to Grant Wood Elementary; Kathleen Henderson, Joy Smith & David Rust, Devin Redmond, Ellen Heywood & Paul Ingram; Victoria & Jim Brown; Catherine Krahe; David Borger Germann regarding College and Gilbert Selection; Carol deProsse regarding Blog On City Manager / County Relations; Patricia Clem regarding Blue Moose Tavern [Staff currently reviewing]. Mary Gravitt, 2714 Wayne Ave., appeared regarding the Gilbert / College project and inclusion of the New Pioneer Coop. Roger Knight, 320 E. Washington St., appeared regarding snow removal; downtown development; trash and noise in the downtown area. Moved by Champion, seconded by Throgmorton, to set a public hearing for March 5 on an ordinance amending Section 14 -4E -8 of the Zoning Code to modify how Nonconforming Development is regulated. Moved by Mims, seconded by Payne, to set a public hearing for March 5 on an ordinance amending Section 14 -413-12 and table 2C -1 of the Zoning Code to include new standards for quick vehicle servicing uses if located in the Towncrest Design Review District or the Riverfront Crossings District. Mayor Hayek abstained due to a conflict of interest on the next item and left the meeting. Mayor Pro tem Mims now presiding. Moved by Champion, seconded by Payne, that the ordinance rezoning approximately 0.47 acres of land located at 906 N. Dodge Street from Multi - Family (R3B) Zone to High Density Single Family Residential (RS -12) Zone and approximately 1. 15 acres of land located at 911 N. Governor Street from Commercial Office (CO -1) Zone to High Density Single Family Residential (RS -12) Zone and approximately 1.78 acres of land located at 902 and 906 N. Dodge Street from Multi - Family (R3B) Zone to Medium Density Multi - Family Residential (RM -20) Zone (REZ12- 000016,18 & 19), be given second vote. Mayor Pro tem Mims requested Council Members disclose ex parte communications and Mims, Throgmorton, Payne and Dobyns reported. Tracy Barkalow, President of TSB Holdings, appeared. Individual Council Members expressed their views. The Mayor Pro tem declared the motion carried unanimously, 6/0/1, Hayek abstaining. Moved by Champion, seconded by Dickens, to accept correspondence from Tracy Barkalow. Mayor Hayek returned and now presiding. Moved by Mims, seconded by Payne, to defer to March 5 item 7d, ordinance conditionally rezoning approximately 7.79 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) (REZ12- 00026); item 7e, ordinance vacating the right -of -way for a portion of St. Clement Street (VAC12- Complete Description February 19, 2013 Page 4 00005); and item 7f, resolution approving the preliminary plat of Roberts Dairy Addition, Iowa City, Iowa (SUB12- 00012). Moved by Mims, seconded by Dickens, to adopt RES. 13 -53, APPROVING THE PRELIMINARY PLAT OF MACKINAW VILLAGE — PART FIVE, IOWA CITY, IOWA (SUB12- 00015). Moved by Dobyns, seconded by Payne, to adopt RES. 13 -54, APPROVING THE PRELIMINARY PLAT OF LINDEMANN SUBDIVISION — PART 5 AND 6, IOWA CITY, IOWA (SUB12- 00016). A public hearing was held on a resolution approving an amendment to Iowa City's FY13 Annual Actions Plan, that is a sub -part of Iowa City's 2011 -2015 Consolidated Plan (a.k.a. City Steps). No one appeared. Moved by Champion, seconded by Dickens, to adopt RES. 13 -55, ADOPTING IOWA CITY'S FY13 ANNUAL ACTION PLAN, AMENDMENT # 1, WHICH IS A SUB- PART OF IOWA CITY'S 2011 -2015 CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Moved by Mims, seconded by Payne, to adopt RES. 13 -56, AWARDING CONTRACT to J.B. Holland for $ 1,322,474.20 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE LANDFILL FY09 CELL RECONSTRUCTION PROJECT. Project Engr. Scott present for discussion. Individual Council Members expressed their views. Moved by Champion, seconded by Payne, that ORD. 13 -4517, AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION B, TO MODIFY THE TIPS TRAINING TO ACCOMMODATE THE NEW STATE I -PACT PROGRAM; AND TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION C TO ALLOW THOSE NINETEEN YEARS OF AGE OR OLDER TO REMAIN IN ENTERTAINMENT VENUES UNTIL CLOSING, be passed and adopted. Individual Council Members expressed their views. Moved by Champion, seconded by Dickens, that the ordinance amending Title 16, entitled "Public Works," Chapter 3, entitled "City Utilities," and Title 17, entitled "Building and Housing," Chapter 5, entitled, "Housing Code," to require that waste containers be stored behind the building line of residential structures, be given first consideration. HIS Dir. Boothroy present for discussion. Individual Council Members expressed their views. Moved by Mims, seconded by Payne, to defer the ordinance indefinitely. Moved by Payne, seconded by Dobyns, to accept correspondence from Sarah Clarke, Mike Wright, Dennis Kowalski. The Mayor noted the previously announced vacancy: Historic Preservation Commission for a Jefferson St. representative to fill three -year terms, March 29, 2013 — March 29, 2016 (New District formed). Applications must be received by 5:00 p.m., Wednesday, March 13, 2013. Moved by Champion, seconded by Mims, to make the following appoints to Boards and Commissions: appoint Jesse Case, 717 Kimball Avenue, to the Civil Service Complete Description February 19, 2013 Page 5 Commission for a four -year term, April 1, 2013 — April 3, 2017; reappoint Kent Ackerson, 617 Brown Street, to the Historic Preservation Commission (Brown Street representative), appoint Frank Durham, 409 S. Summit Summit, to the Historic Preservation Commission (Summit Street representative), appoint Kate Corcoran, 49 Arbor Hill Circle, to the Historic Preservation Commission (At Large representative), all for three -year terms, March 29, 2013 — March 29, 2016; reappoint Ann Freerks, 444 S. Governor Street, to the Planning & Zoning Commission for a five -year term, May 1, 2013 — May 1, 2018; appoint Bram Elias, 221 E. College Street, to the Telecommunications Commission for a three -year term, March 13, 2013 — March 13, 2016. The Mayor noted no applications were received and /or gender balance requirement not met for the following Boards and Commissions and all will be readvertised: Airport Zoning Brd of Adjustment for a five -year term January 1, 2012 - December 31, 2016 (New full term); Airport Zoning Brd of Adjustment for a five -year term January 1, 2009 - December 31, 2013; Airport Zoning Commission for a six -year term January 1, 2010 — December 31, 2015; Airport Zoning Commission for a six -year term January 1, 2012 — December 31, 2017 (New full term); Airport Commission for a four -year term, March 1, 2013 — March 1, 2017; Planning & Zoning Commission for a five -year term, May 1, 2013 — May 1, 2018. 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 Champion, seconded by Mims, to accept correspondence from Bram Elias. Council Member Dickens stated he had a meeting recently with a representative from HR Green regarding using methane gas that the University is no longer interested in and creating a greenhouse, and reported he had turned over information to staff. Council Member Dobyns reported that City Manager Markus, and Council Member Throgmorton and he were all coincidentally in the Detroit area the past week -end. City Manager Markus introduced the City's new Finance Director Dennis Bockenstedt. Moved by Payne, seconded by Dickens, to adjourn meeting 8:25 p.m. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk