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HomeMy WebLinkAbout2013-06-04 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 JUNE 4, 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, Dilkes, Karr, Davidson, Moran, O'Brien, Rummel, Bockenstedt, Fosse, Havel. The Mayor proclaimed Pride Month. Deb Tiemens and Sharon Beck accepted. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Mims, seconded by Champion, 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: May 14 Council Work Session; May 14 Council Special Formal Official & Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). Board of Adjustment —April 10; Human Rights Commission —April 16; Library Board of Trustees — April 25; Planning & Zoning Commission (formal) — May 2; Police Citizens Review Board —April 16; Police Citizens Review Board —April 23; Police Citizens Review Board — April 29; Senior Center Commission — March 21. Permit Motions and Resolutions as Recommended by the City Clerk. (New) Five -Day Class B Beer Permit for Summer of the Arts, Inc., dba Iowa Arts Festival, 30 N. Dubuque St.(June 6 —10, 2013); Five -Day Class B Beer Permit for Summer of the Arts, Inc., dba Iowa City Jazz Festival, 17 N. Clinton St. (July 4 - 8, 2013); Five -Day Class B Beer Permit for Summer of the Arts, Inc., dba Iowa Soul Festival, 30 N. Dubuque St. (Sep. 12 - 16, 2013); Outdoor Service Area for Summer of the Arts, Inc., dba Iowa Arts Festival, 30 N. Dubuque St.(June 6 — 10, 2013) Outdoor Service Area for Summer of the Arts, Inc., dba Iowa City Jazz Festival, 17 N. Clinton St. (July 4 - 8, 2013); Outdoor Service Area for Summer of the Arts, Inc., dba Iowa Soul Festival, 30 N. Dubuque St. (Sep. 12 - 16, 2013); Class C Liquor License for 1440, LLC, dba Eden Lounge, 217 Iowa Ave.; Class C Liquor License for Fieldhouse Investments, LLC, dba The Zoo, 113 E. College St. Staff is recommending denial. Memo from the Asst. City Attorney included in Council's packet. (Renewal): Class C Liquor License for Column, Inc., dba Sports Column, 12 S. Dubuque St.; Class E Liquor License for The Outlet, Inc., dba Smokin' Joe's Tobacco & Liquor Outlet #18, 1901 Broadway St.; Class C Liquor License for Quzer, Inc., dba Shakespeare's, 819 S. First Ave.; Special Class C Liquor License for Riverside Theatre dba Riverside Theatre, 213 N. Gilbert St.; Transfer of Special Class C Liquor License for Riverside Theatre to City Park (June 13 — July 7, 2013); Class C Liquor License for Jimmy Jack Mac, Inc., dba Basta, 121 Iowa Ave.; Class C Beer Permit for Suburban Investors, LC, dba Suburban Amoco, 370 Scott Court; Class C Liquor License for Pershell Corporation, dba Colonial Lanes, 2253 Hwy 218 S.; Class C Beer Permit for Kwik Trip, Inc., dba Tobacco Outlet Plus #537, 923 S. Riverside Dr.; Class C Liquor License for Linn Street Cafe, Inc., dba Linn Street Cafe, 121 N. Linn St.; Class C Liquor License for GFP, Inc., dba Wig & Pen Pizza Pub, 1220 Hwy 6 W.; Outdoor Service Area for GFP, Inc., dba Wig & Pen Pizza Pub, 1220 Hwy 6 W.; Class E Liquor License for Iowa CVS Pharmacy, LLC, dba Complete Description June 4, 2013 Page 2 CVS Pharmacy #8547, 2425 Muscatine Ave.; Class C Liquor License for Cactus Mexican Grill & Cantina 2, dba Cactus Mexican Grill & Cantina, 245 S. Gilbert St. Outdoor Service Area for Cactus Mexican Grill & Cantina 2, dba Cactus Mexican Grill & Cantina, 245 S. Gilbert St.; Class C Beer Permit for El Paso Tienda y Taqueria, Inc., dba El Paso the Mexican Store, 609 Hollywood Blvd.; Outdoor Service Area for Micky's, LLC, dba Micky's Irish Pub, 11 S. Dubuque St.; Outdoor Service Area for New Asian Food Corporation, Inc., dba XIE, 223 E. Washington St.; Outdoor Service Area for Hall Place Ventures Corporation, dba The Airliner, 22 S, Clinton St.; Outdoor Service Area for Iowa City Coffee Company dba Java House, 211 '2 E. Washington St.; Outdoor Service Area for Iowa City Coffee Company dba Heirloom Salad Company, 211 E. Washington St.; Outdoor Service Area for Corner of the Meadow, Inc., dba Motley Cow Cafe, 160 N. Linn St.; Outdoor Service Area for 2 -Tone, Inc., dba Blue Bird Diner, 330 E. Market St.; Class B Beer Permit for NPC International, Inc., dba Pizza Hut #4358, 1926 Keokuk St. Resolutions and Motions: RES. 13 -175, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH RIVERSIDE THEATRE THAT ALLOWS THE SALE OF WINE AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK FROM JUNE 13, 2013 THROUGH JULY 7, 2013; RES. 13 -176, APPROVING AN AGREEMENT BETWEEN THE CITY AND SUMMER OF THE ARTS, INC. TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER DURING ARTS FEST, JAZZ FEST, AND IOWA SOUL FESTIVAL WITHIN A SPECIFIED AREA ON A CITY STREET; RES. 13 -177, 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 1843 RICHMOND LANE, IOWA CITY, IOWA; RES. 13 -178, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 142 N WESTMINSTER STREET, IOWA CITY, IOWA; RES. 13 -179, 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 1930 SHERMAN DRIVE, IOWA CITY, IOWA; RES. 13 -180, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND GREAT WESTERN BANK, NORTH LIBERTY, IOWA FOR PROPERTY LOCATED AT 8, 16, 24, 32, 35, 27, 19, 11 CONEFLOWER COURT, 424 DOUGLASS COURT, 441 DOUGLASS COURT, 2160 -2162 TAYLOR DRIVE, AND 913 -913'2 N GOVERNOR, IOWA CITY, IOWA; RES. 13 -181, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2014 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS; RES. 13 -182, ACCEPTING THE WORK FOR THE WILLOW CREEK CROSSING - WATER MAIN PROTECTION PROJECT; RES. 13 -183, ACCEPTING THE DEDICATION OF AND AUTHORIZING THE MAYOR TO ENTER INTO A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH MDK DEVELOPMENT, L.L.C. FOR THE 2013 WILLIAM STREET STREETSCAPE Complete Description June 4, 2013 Page 3 PROJECT; RES. 13 -184, ACCEPTING THE WORK FOR THE ROBERT A LEE RECREATION CENTER IMPROVEMENTS - EAST ENTRY REMODELING PROJECT; RES. 13 -185, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT #2 TO THE MARCH 20, 2007 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND VJ ENGINEERING TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE FIRST AVENUE GRADE SEPARATION PROJECT.; approve disbursements in the amount of $14,206,536.70 for the period of April 1 through April 30, 2013, as recommended by the finance director subject to audit; RES. 13 -186, APPROVING THE PRELIMINARY OFFICIAL STATEMENT; RES. 13 -187, APPROVING MEDIACOM COMMUNICATIONS CORPORATION'S 2013 UPDATING OF RATES FOR BASIC CABLE SERVICES; RES. 13 -188, ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY HARTIG DRUG; RES. 13 -189, ACCEPTING PAYMENT OF A $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM GASBY'S,; RES. 13 -190, AMENDING A BUDGETED POSITION IN THE GOVERNMENT BUILDINGS DIVISION OF THE PARKS AND RECREATION DEPARTMENT AND AMENDING THE ADMINISTRATIVE PAY PLAN BY ELIMINATING ONE FULL -TIME RECREATION MAINTENANCE SUPERVISOR POSITION, GRADE 27 AND ADDING ONE FULL -TIME FACILITIES MANAGER, GRADE 29. Setting Public Hearings: RES. 13 -191, SETTING A PUBLIC HEARING ON JUNE 18, 2013 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE 2013 WILLIAM STREET STREETSCAPE 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 -192, SETTING A PUBLIC HEARING ON JUNE 18, 2013 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE PHASE 2 OF THE FIRST AVENUE STORM SEWER IMPROVEMENTS 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: Bob & Linda Watson regarding Request for Presentation Time; Stefani Karakas Rogovin regarding Rezoning; John Macatee; Martine Dunnwald; Jenn Brown regarding Restoration and renovation of neighborhood schools as Horace Mann; Melvin Kelly regarding The West Nile Virus 2013; Marcus Nashelsky regarding Bicycle Friendly Community; Brian Flanagan regarding Auto- da -Fe; Tim Borchardt regarding 54 Regal Lane [Staff response included]; Marina Ivanovic; Sandra & Thomas Bauer; Connie Smith regarding Protest of Rezoning, N. First Avenue (REZ 13- 00004); Debbie & Mike Hartley regarding Rebuilding of The Dental Lab; Melvin Kelly regarding Homelessness in America 2014; Mark Norton regarding Latest Update (river data); Cindy Parsons regarding Project GREEN — 2013 Report; Acting Traffic Engineering Planner regarding Install STOP signs for eastbound and westbound traffic at the intersection of Foster Road / Walker Circle on the 800 and 900 block; Traffic Engineering Planner regarding Installation of (1) YIELD sign on the northeast corner of the intersection of Westminster Street and Hastings Avenue; Traffic Engineering Planner regarding Installation of (1) NO PARKING HERE TO Complete Description June 4, 2013 Page 4 DRIVEWAY sign for the north bound traffic in advance of the driveway for 202 Ellis Avenue; Traffic Engineering Planner regarding Installation of (1) YIELD sign on the northeast corner of the intersection of Deforest Avenue and Ridge Street, and (1) YIELD sign on the southwest corner of the intersection of Ridge Street and Euclid Avenue. Installation of (1) YIELD sign on the northwest corner of each of the following intersections: Deforest Avenue and Yewell Street, Deforest Avenue and Franklin Street, and Deforest Avenue and Ash Street; Traffic Engineering Planner regarding Removal of on- street metered parking space C01 27E on the 100 block of East Court Street. Mary Gravitt, 2714 Wayne, requested the City initiate a clean -up campaign, stating she was tired of picking up trash on her lawn; encouraged more cameras to catch those violating the law and to protect citizens' and stated her concern for New Pioneer Co -op with the flood waters. Mark Brown, 320 S. Dubuque St., requesting the City intervene in the MegaBus parking at Capitol House apartments. Cindy Parsons and Diane Allen presented the Project GREEN 2012 Annual Report. Moved by Mims, seconded by Payne, to accept correspondence. A public hearing was held on an ordinance conditionally rezoning approximately 2 acres from County Residential (R) and approximately 2.83 acres from Low - Density Single - Family Residential (RS -5) to Low - Density Multi - Family Residential (RM -12) located at east of Scott Boulevard and north of Muscatine Avenue and American Legion Road (REZ13 -00002 & REZ13- 00003). The Mayor requested Council Members disclose any ex parte communications and none were reported. PCD Dir. Davidson presented a power point. Individual Council Members expressed their views. Jessie Allen, Allen Homes, appeared. Moved by Payne, seconded by Dickens, that the ordinance conditionally rezoning approximately 2 acres from County Residential (R) and approximately 2.83 acres from Low - Density Single - Family Residential (RS -5) to Low - Density Multi - Family Residential (RM -12) located at east of Scott Boulevard and north of Muscatine Avenue and American Legion Road (REZ13 -00002 & REZ13- 00003), be given first vote. Individual Council Members expressed their views. A public hearing was held on an ordinance rezoning approximately 5.23 acres of land located at 515, 527, and 539 Normandy Drive and 820, 822, and 930 Park Road, from Low - Density Single - Family (RS -5) Zone to Neighborhood Public (P -1) Zone (REZ13- 00013). The Mayor requested Council Members disclose any ex parte communications and none were reported. PCD Dir. Davidson presented a power point. Moved by Dobyns, seconded by Mims, that the ordinance rezoning approximately 5.23 acres of land located at 515, 527, and 539 Normandy Drive and 820, 822, and 930 Park Road, from Low - Density Single - Family (RS -5) Zone to Neighborhood Public (P -1) Zone (REZ13- 00013), be given first vote. Moved by Mims, seconded by Dickens, to that ORD. 13 -4533, CONDITIONALLY REZONING AND AMENDING THE SENSITIVE AREAS DEVELOPMENT PLAN TO ALLOW A REDUCTION IN THE PREVIOUSLY APPROVED WETLAND BUFFER ON PROPERTY LOCATED AT 2845 MORMON TREK BOULEVARD (Billion Auto) (REZ12- 00032), be passed and adopted. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote: Ayes: Hayek, Mims, Payne, Dickens, Dobyns. Nays: Champion, Throgmorton. The Mayor requested Council Members disclose any ex parte communications and none were reported. Complete Description June 4, 2013 Page 5 Moved by Payne, seconded by Dickens, that ORD. 13 -4534, AMENDING TITLE 14, ZONING, TO ESTABLISH PARKING LOCATION STANDARDS AND ENTRANCEWAY STANDARDS THAT WILL REDUCE THE VISUAL IMPACT OF STRUCTURED AND SURFACE PARKING AREAS ALONG RESIDENTIAL STREETS IN MULTIFAMILY ZONES, be passed and adopted. A public hearing was held on a resolution authorizing conveyance of a portion of vacated right -of -way along spring street and George Street to Christian Retirement Services, Inc. No one appeared. Moved by Dobyns, seconded by Dickens, to adopt RES. 13 -193, AUTHORIZING THE CONVEYANCE OF A PORTION OF VACATED RIGHT -OF -WAY ALONG SPRING STREET AND GEORGE STREET TO CHRISTIAN RETIREMENT SERVICES, INC. A hearing was held on a resolution assessing either a 30 day retail cigarette permit suspension or $1500.00 civil penalty against the Spirit Tobacco and more d /b /a Hookah Cove, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty. Andy Chappell appeared. Moved by Throgmorton, seconded by Dickens, to adopt RES. 13 -194, ASSESSING $1500.00 CIVIL PENALTY OR THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION HOOKAH COVE. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Old Highway 218 and Mormon Trek Boulevard / McCollister Boulevard Traffic Signalization Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, and fixing time and place for receipt of bids. No one appeared. Moved by Dickens, seconded by Payne, to adopt RES. 13 -195, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE OLD HIGHWAY 218 AND MORMON TREK BOULEVARD / MCCOLLISTER BOULEVARD TRAFFIC SIGNALIZATION 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 Champion, seconded by Mims, to adopt a resolution authorizing the Mayor to sign and the City Clerk to attest the 28E agreement between the City of Iowa City and Johnson County for the contracting of paratransit service. Dir. of Transportation Services O'Brien presented a power point. Finance Dir. Bockenstedt present for discussion. The following individuals appeared: Nancy Ostrognai, Glendale Road; Mary Gravitt, 2714 Wayne; Terry Cunningham; Mark Brown, 320 S. Dubuque St.; Keith Ruff; Bob Welsh, 84 Penro Dr.; Bryce Dean, 310 Scott Dr.; Peter Yoe, 907 Rundell St.; Jay Honohan; and Martha Hampel, E. Court St. Individual Council Members expressed their views. Moved by Champion, seconded by Dickens, to defer consideration until June 18. The Mayor declared the motion to defer carried 6/1, with Dobyns voting "no ". Individual Council Members expressed their views. Transportation Services Dir. present for discussion. Motion to defer withdrawn. Moved by Champion, seconded by Dickens, to adopt RES. 13 -196, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR THE CONTRACTING OF PARATRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF IOWA CITY, assuming no substantive changes, and directing staff to explore alternatives to the Complete Description June 4, 2013 Page 6 elimination of Sunday service and half price fares and present alternatives to Council prior to the elimination of such services on September 30, 2013. [Break] Moved by Mims, seconded by Champion, that 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. 13-4535, AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" SECTION 8, PARKING VIOLATIONS, TO AMEND PARKING FEES, RATES, AND FINES, be voted on for final passage at this time. Moved by Mims, seconded by Dickens, that the ordinance be finally adopted at this time. Moved by Champion, seconded by Mims, that the ordinance amending Title 4, Alcoholic Beverages, Chapter 1, Definitions, Section 1, Definitions, to amend the definition of "performer" to include those taking part in a performance of theater, and to add a definition for "theater ", be given first vote. Moved by Mims, seconded by Champion, that the ordinance amending Title 9, entitled "Motor Vehicles and Traffic," of the City Code by adopting an ordinance similar in substance to the proposed initiative measure to restrict the use of traffic enforcement cameras and drones, automatic license plate recognition systems and other kinds of traffic surveillance systems, and by repealing Ordinance No. 12 -4466 that enabled automatic traffic enforcement, be given first consideration. The following individuals appeared: Jim Walters, 1033 E. Washington St.; and Martha Hampel, E. Court St. Individual Council Members expressed their views. Moved by Mims, seconded by Dickens, to accept correspondence from John Rutherford. Moved by Mims, seconded by Dickens, to make the following appointments to Boards and Commissions. Matthew Wolford, 1905 Jeffrey Street to the Airport Zoning Commission for a six -year term January 1, 2012 — December 31, 2017 (New full term); and William Nusser, 508 River Street to the Public Art Advisory Committee for an unexpired term, effective upon appointment, ending January 1, 2014. Moved by Dobyns, seconded by Throgmorton, to defer the appointment to the Human Rights Commission for an unexpired term to June 18. The Mayor noted no applications were received for the following 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; Historic Preservation Commission for a Jefferson St. representative to fill three -year terms, March 29, 2013 — March 29, 2016 (New District formed). 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 noted the previously announced vacancies: Housing and Community Development Commission for three vacancies to fill three -year terms September 1, 2013 — September 1, 2016; Human Rights Commission for an unexpired term, effective upon appointment, ending January 1, 2016; Police Citizens Review Board for two vacancies to fill four -year terms September 1, 2013 — September 1, 2017. Applications must be received by 5:00 p.m., Wednesday, June 26, 2013. Complete Description June 4, 2013 Page 7 The Mayor noted the current vacancy: Parks & Recreation Commission for an unexpired term, effective upon appointment, ending January 1, 2017. Applications must be received by 5:00 p.m., Wednesday, July 17, 2013. Council Member Champion noted that the Johnson County Foundation was a great way to donate money to a non - profit and get tax credit for doing it. Council Member Dickens reminded everyone of Arts Fest starting Friday evening, and running through the week -end. Council Member Payne stated the final input meeting on the RPS for the School District would be held June 5, at Hotel Vetro, from 6 -9 PM. Council Member Dobyns recognized the expertize of City staff in flood efforts, and thanked citizens who spent their time helping out. Mayor Hayek echoed Council Member Dobyns remarks concerning flood work; thanked the volunteers who assisted, and City staff from all departments for the exceptional efforts. City Manager Markus commended on the efforts of emergency management agency coordinator Dave Wilson during the flood event; and introduced Finance Director who presented a power point re Senate File 295 and the impact on the City's fiscal year 2015 budget. Moved by Payne, seconded by Mims, to adjourn 10:00 p.m. Matthew J. ay c, Mayor _�� k. 91c� Marian K. Karr, City Clerk mapmlrm 3a(2) Subject to change as finalized by the City Clerk. For a final official copy, contact the ■Mlllll 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 — 5/14/13 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 presented Student Citizenship Awards to Lemme Elementary students: Julia Coelho, Maddie Kimm, Sam Schroder. The Mayor presented Student Citizenship Awards to Longfellow Elementary students: Ella Hennager, Kelsey Martin, Ry Threlkeld- Wiegand. The Mayor proclaimed: Drinking Water Month; Iowa Girls Softball Month, Board President Temple Hiatt and Board Member John Smick accepting; Bicycle Month; Scald injury Awareness Month, Firefighter Glenn Pauley and UIHC Nurse Alison Pauley, and UIHC Physicians Asst. Stacy Burke 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 and to delete from the Consent Calendar and consider as a separate item 5d(7) recommendation to apply for the COPS grant: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: April 23 Council Work Session; April 23 Council Special Formal Official & Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Airport Commission — March 21; Civil Service Commission — April 30; Housing and Community Development — March 7; Library Board of Trustees — March 28; Parks & Recreation Commission — March 13; Planning & Zoning Commission (informal) — April 1; Planning & Zoning Commission (formal) — April 4; Planning & Zoning Commission (informal) — April 15; Planning & Zoning Commission (formal) — April 18 Telecommunications Commission — March 25. Permit Motions and Resolutions as Recommended by the City Clerk. (New) Special Class C Liquor License for Joensy's Rest, 2563 N. Dodge St.; Outdoor Service Area for El Cactus Authentic Mexican Cuisine, 1921 Keokuk St. (Renewal): Class C Liquor License for Sam's Pizza IC, Inc., 441 S. Gilbert St.; Class E Liquor License for Southside Liquor & Tobacco, 601 Hollywood Blvd Suite 1.; Outdoor Service Area for Quinton's Bar & Deli, 215E. Washington St.; Outdoor Service Area for Iron Hawk, 122 E. Washington St. Resolutions and Motions: RES. 13 -148, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1333 CEDAR STREET, IOWA CITY, IOWA; RES. 13 -149, AMENDING THE BUDGETED POSITIONS IN THE FINANCE ADMINISTRATION DIVISION OF THE FINANCE DEPARTMENT AND THE ADMINISTRATIVE AND CONFIDENTIAL PAY PLAN BY ELIMINATING THE POSITION OF MANAGEMENT ANALYST; RES. 13 -150, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION Official Actions May 14, 2013 Page 2 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 3017 STANFORD AVENUE, IOWA CITY, IOWA; RES. 13 -151, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 328 FAIRCHILD STREET, IOWA CITY, IOWA; RES. 13 -152, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND US BANK NATIONAL ASSOCIATION, OWENSBORO, KENTUCKY FOR PROPERTY LOCATED AT 1846 CHELSEA COURT, IOWA CITY, IOWA; RES. 13 -153, 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 733 ARCH ROCK ROAD, IOWA CITY, IOWA; RES. 13 -154, ACCEPTING THE WORK FOR THE 2012 MUSCATINE AVENUE WATER MAIN IMPROVEMENTS PROJECT; RES 13 -155, ACCEPTING THE WORK FOR THE PHASE 1 OF THE FIRST AVENUE STORM SEWER IMPROVEMENTS PROJECT; RES. 13 -156, ACCEPTING THE WORK FOR THE 2012 SEWER REPAIR PROJECT; RES. 13- 157, ACCEPTING THE WORK FOR THE FIRE AND POLICE INTERIOR REMODELING PROJECTS 2012; RES. 13 -158, ADOPTING THE IOWA CITY CONSTRUCTION SPECIFICATIONS SECTION 02660 FOR WATER DISTRIBUTION AND SECTION 02665W FOR WATER SERVICE WORK FOR CONTRACTORS; RES. 13 -159, AUTHORIZING THE PROCUREMENT OF PEBBLE QUICKLIME FOR LIME SOFTENING OF THE CITY'S DRINKING WATER; RES. 13 -160, AWARDING CONTRACT AND AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR REPLACEMENT OF ON- STREET PARKING METER SYSTEM FOR THE TRANSPORTATION SERVICES DEPARTMENT; RES. 13 -161, DIRECTING THE ADVERTISEMENT FOR SALE OF $7,230,000 (DOLLAR AMOUNT SUBJECT TO CHANGE) GENERAL OBLIGATION BONDS, SERIES 2013A, AND APPROVING ELECTRONIC BIDDING PROCEDURES; RES. 13 -162, DIRECTING THE ADVERTISEMENT FOR SALE OF $520,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2013B, AND APPROVING ELECTRONIC BIDDING PROCEDURES; RES. 13 -163, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR AUDIT SERVICES FOR THE FISCAL YEAR 2013 CITY OF IOWA CITY FINANCIAL STATEMENTS. Setting Public Hearings: RES. 13 -164, INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF A PORTION OF VACATED RIGHT -OF -WAY ALONG SPRING STREET AND GEORGE STREET TO CHRISTIAN RETIREMENT SERVICES, INC. AND SETTING A PUBLIC HEARING ON SAID PROPOSAL FOR JUNE 4, 2013; Setting a public hearing for June 4, 2013, on an ordinance rezoning property from Low - Density Single - Family (RS -5) Zone to Neighborhood Public (P -1) Zone located at 515, 527, and 539 Normandy Drive and 820, 822, and 930 Park Road (REZ13- 00003); RES. 13 -165, SETTING A PUBLIC HEARING ON JUNE 4, 2013 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE OLD HIGHWAY 218 AND MORMON TREK BOULEVARD / MCCOLLISTER BOULEVARD TRAFFIC SIGNALIZATION PROJECT, DIRECTING Official Actions May 14, 2013 Page 3 CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Correspondence: Iowa City Community String Orchestra Board regarding Invitation to Spring Concert; Ofer Sivan; Teresa Ozzello regarding Trash Can /Waste Container Storage Ordinance; Michael Hauer regarding Upgrading the Internet; Dave Debban regarding The Chauncey; Samantha Irvin regarding Iowa City Landfill Fire — Insurance Coverage Determination [Staff response included]; John Macatee regarding Why are the school board meetings at the same time as the Iowa City City Council meetings ?; Walter Seaman; Edith Pierce-Thomas; Cheryl Ridgeway; Elizabeth Christiansen; Linda Waddle; James and Helene Mossman; James and Judy Buddenbaum; E. A. Wasserman; Susan Forde regarding Protest of Rezoning, N. First Avenue (REZ 13- 00004); Jessica Citti; Jacki Rand; Liz Dodge; Kara Tonella; Laura Saxon; Jessica Jensen; Johanna Ayers; Trish Nelson; Kayla Ruth; Janet Hamann; Kate Robb; Michael Ayers; Erin Wehr; Lisa Pfannebecker; Michael Hussey; Kristin Hardy; Elizabeth Sullivan; Sara Tokheim; Jenny Nicklaus; Dustin Davis; Jennifer Fuhrman; Paula Manternach; Natalie Syrbu; John Syrbu; Annadora Khan; Leslie Buscher; Kathleen Unger; Brittany Miller; Rebecca Entel; Vera Hurley; Tracey Moberley; Change.org; Darcy Stoen; Susan Beckett; Frances Cramer; Kent Ackerson; Kathleen Janz; Brittany Thomas; Deb Tiemens; Diana Harris; Emily Hart, Kathleen Kamerick, Brian Harvey, Sally Weyer, Todd Snyder, Anne Harding, Steven Nelson, Chris Kolarik, Irene Friend, Joan Snyder, Linda Bolton, Florence Boos, Sara Henryson, Dee Morris, Deb Lee, Susan Cook, Anita Hutton, Joe Cook, Anita Hutton, Lauri Deninger, Sarah Bodensteiner, Michlynn Vulgamott, Jo Ann Whitmore (2), Charlotte Warren, Jennie Dudziak, Denise Weinard Welsch, Sally Murray, Tori Fritz, Danielle Herrig, Barb Stein, Amy Nye, Tori Fritz, Danielle Herrig, Elizabeth Weiss, Douglas Klein, Nil Filiz, Diana Gallegos, Anna Wu, Douglas Klein, Elizabeth Bickford, Jennifer Gursoy, Kathryn Barbon, Nil Filiz, Neemettin Filiz, Sera Filiz, Kathryn Barbon, Jenny Rolston, Nicole Wessel (2), Nicole Smiley, Brylie Bernhard, Sandi Herman, Hannah Minion, Mary Anne McLaughlin, Quinn Goodwin, Katherine Toraason, Elizabeth Hewitt, Anna Grimm, Abby Willinger, McKenzie Jerman, Korrie Nickels, Maggie Wyatt, Nikki Kumpf(2), Karleigh Gunderson, Kenzie Johnson, Megan Robinson, Alyssa Bergamini, Anna Hjerstedt, Diane Downing (3), Kristine Klein, Amanda Lett, Andrew Heggen, Kristine Klein, Madeline Stead, Amanda Lett, Andrew Heggen, Kristine Klein, Madeline Stead: regarding Petitions "Stop the planting of Prairie Grass at Thornberry Off -Lease Dog Park" [Staff email included]; Palmer Holden regarding Traffic Cameras; Palmer Holden regarding Traffic Cameras; Rita Bettis regarding Gurtovoy- Hampel Initiative; Bob Welsh regarding SEATS (Johnson County Task Force on Aging); James Harris regarding Bella Vista Hill of Trees; Dave Debban regarding College /Gilbert Street Property. Moved and seconded to adopt RES. 13 -166, IN SUPPORT OF STAFF RECOMMENDATION TO APPLY FOR THE GRANT AND IF SUCCESSFUL CREATE SCHOOL RESOURCE OFFICERS (SRO's) WITHIN BOTH HIGH SCHOOLS. Kingsley Botchway appeared. The Mayor declared the resolution adopted, 6/1. Mike Wright, 225 N. Lucas, Coordinator of the Northside Neighborhood Association, regarding enhancing Horace Mann School by adding a joint use multi - purpose room. The following individuals appeared regarding the Horace Mann enhancement: Liz Maas, 620 Ronalds St.; Susan Futrell, 311 Fairchild St. Dr. Tony Colby, 5 Bella Vista, raised concerns regarding the Gateway Project (Dubuque Street). The following Official Actions May 14, 2013 Page 4 individuals appeared regarding the Gateway Project: Joe Coulter; Laurie Cummins, 12 Bella Vista; Steve Tannen, 12 Bella Vista; and David Hamilton, 814 N. Linn St.. Moved and seconded to accept correspondence from Dr. Tony Colby and Joe Dan Coulter regarding the Gateway Project; and Liz Maas regarding Horace Mann. A public hearing was held on an ordinance conditionally rezoning approximately 2 acres from County Residential (R) and approximately 2.83 acres from Low - Density Single - Family Residential (RS -5) to Low - Density Multi - Family Residential (RM -12) located at east of Scott Boulevard and north of Muscatine Avenue and American Legion Road (REZ13 -00002 & REZ13- 000030). Moved and seconded to continue public hearing and defer an ordinance conditionally rezoning approximately 2 acres from County Residential (R) and approximately 2.83 acres from Low - Density Single - Family Residential (RS -5) to Low - Density Multi - Family Residential (RM -12) located at east of Scott Boulevard and north of Muscatine Avenue and American Legion Road (REZ13 -00002 & REZ13- 000030), until June 4. A public hearing was held on a resolution adopting the Iowa City 2030 Comprehensive Plan Update. Moved and seconded to adopt RES. 13 -167, ADOPTING THE IOWA CITY 2030 COMPREHENSIVE PLAN ( "IC2030 PLAN "). Moved and seconded to accept correspondence from Mary Murphy. A public hearing was held on an ordinance rezoning approximately 0.38 acres from Public (P) to Central Business Support Zone (CB -5) for property located at the northeast corner of College St. & Gilbert St (REZ13- 00009). The following individuals appeared: Rockne Cole, 1607 E. Court St.; Nancy Quellhorst, Iowa City Area Chamber of Commerce; Mark McCallum, 1610 Crescent St.; Evan Fales, 1215 Oakcrest St.; Mary Gravitt, 2714 Wayne Ave.; Amanda Van Horne, Trinity Episcopal Church; Diane Machatka, 406 Reno St.; Louise Young, 320 E. Washington St.; Phil Beck, 2230 Russell Dr.; Hannah Papineschi, 905 S. 7th Ave.; Brandon Ross; Cecile Kuenzil, 705 S. Summit St.; Bill Nusser, 508 River St.; Regenia Bailey, 210 Reno St.; Ariane Porter - Perret, 1024 Y2 E. Market St.; Pam Michaud, 109 S. Johnson St.; and Eric Johnson, (Oxford). Moved and seconded to accept correspondence from Mark McCallum, Julie Howard, Lynne Nugent, and Rockne Cole. Moved and seconded that the ordinance rezoning approximately 0.38 acres located at the northeast corner of College Street & Gilbert Street from Public (P -1) to Central Business Support Zone (CB -5). (REZ13- 00009), be given first vote. The Mayor declared the motion failed, 2/5. Moved and seconded that ORD. 13 -4524, VACATING AIR RIGHTS AND SUBTERRANEAN RIGHTS FOR PORTIONS OF PUBLIC RIGHT -OF -WAY LOCATED ON GEORGE STREET BETWEEN BENTON STREET AND OAKCREST STREET (VAC 13-00002), be passed and adopted. Moved and seconded that the ordinance conditionally rezoning and amending the Sensitive Areas Development Plan to allow a reduction in the previously approved wetland buffer on property located at 2845 Mormon Trek Boulevard (REZ12- 00032), be given second vote. John Rummelhart appeared. The Mayor declared the motion passed, 5/2. Moved and seconded that 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. 13 -4525, REZONING APPROXIMATELY 27.8 ACRES LOCATED WEST OF Official Actions May 14, 2013 Page 5 MORMON TREK BOULEVARD AND NORTH OF HAWKEYE PARK ROAD FROM INSTITUTIONAL PUBLIC (P -2) TO INSTITUTIONAL PUBLIC /MEDIUM - DENSITY MULTI - FAMILY (P- 2 /RM -20) (REZ13- 00001), be voted on for final passage at this time. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to accept correspondence from David Kieft. Moved and seconded that the ordinance amending Title 14: Zoning to define rooming house cooperatives as a type of fraternal group living use and to specify that fraternal group living uses are allowed by special exception in the RNS -20 zone and to modify the residential density and parking standards for said uses to be consistent with the density and parking standards for multi - family uses, be given second vote. The following individuals appeared: Steve Lawler, 1323 F Ave. (Ogden), Regional Dir. for Sigma Phi Fraternity; Erin Parker; Jon Greenwood; Trent Goode; Dan Wilkes, rep. not - for- profit owner of 202 Ellis; Alec Brammel, UISG City Council Liaison; and Justin Lambias. Original motion for second consideration withdrawn. 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. 13 -4526, AMENDING TITLE 14: ZONING TO DEFINE ROOMING HOUSE COOPERATIVES AS A TYPE OF FRATERNAL GROUP LIVING USE AND TO SPECIFY THAT FRATERNAL GROUP LIVING USES ARE ALLOWED BY SPECIAL EXCEPTION IN THE RNS -20 ZONE AND TO MODIFY THE RESIDENTIAL DENSITY AND PARKING STANDARDS FOR SAID USES TO BE CONSISTENT WITH THE DENSITY AND PARKING STANDARDS FOR MULTI - FAMILY USES, be voted on for final passage at this time. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to accept correspondence from Michael Ayalon, Ex. Dir. of Sigma Phi Fraternity. Moved and seconded, directing staff to come back to Council expeditiously with a workable solution that addresses neighborhood stabilization and meets the needs expressed. Moved and seconded that the ordinance amending Title 14, Zoning Code to establish parking location standards and entranceway standards that will reduce the visual impact of structured and surface parking areas along residential streets in multifamily zones, be given second vote. Moved and seconded that ORD. 13 -4527, REZONING APPROXIMATELY 0.78 ACRES LOCATED AT 1105 GILBERT COURT FROM NEIGHBORHOOD PUBLIC (P- 1) TO INTENSIVE COMMERCIAL (CI -1) (REZ13- 00006), be passed and adopted. Moved and seconded that ORD. 13 -4528, CONDITIONALLY REZONING 2.12 ACRES LOCATED SOUTH OF HIGHWAY 1 WEST, EAST OF RUPPERT ROAD FROM INTENSIVE COMMERCIAL (CI -1) ZONE TO COMMUNITY COMMERCIAL (CC- 2) ZONE (REZ13- 00007), be passed and adopted. The Mayor declared the ordinance adopted, 6/1. 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. 13 -4529, CONDITIONALLY REZONING PROPERTY FROM COMMERCIAL OFFICE (CO -1) ZONE TO COMMUNITY COMMERCIAL (CC -2) ZONE AND AMENDING THE CONDITIONAL ZONING AGREEMENT FOR APPROXIMATELY 2.31 -ACRES OF PROPERTY CURRENTLY ZONED CC -2 AND CO -1 LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF BROADWAY STREET AND HIGHWAY 6 (REZ13- 00005), be voted on for final passage at this time. Moved Official Actions May 14, 2013 Page 6 and seconded that the ordinance be finally adopted at this time. Moved and seconded to accept correspondence from Wally Pelds. Moved and seconded that ORD. 13 -4530, AMENDING TITLE 4 OF THE ZONING CODE TO MODIFY THE PROCESS FOR DELINEATING WOODLAND BUFFERS AND COUNTING PRESERVED TREES AND WOODLANDS TOWARD ANY TREE REPLACEMENT OR MITIGATION REQUIREMENTS, be passed and adopted. Moved and seconded that ORD. 13 -4531, 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 (REZ12- 00030), be passed and adopted. Moved and seconded to adopt RES. 13 -168, APPROVING FINAL PLAT OF LINDEMANN PART FOUR -A, IOWA CITY, IOWA. Moved and seconded to adopt RES. 13 -169, APPROVING FINAL PLAT OF LINDEMANN PART FIVE, IOWA CITY, IOWA. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Ashton House Remodeling Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, and fixing time and place for receipt of bids. Moved and seconded to adopt RES. 13 -170, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ASHTON HOUSE REMODELING 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 the resolution amending the FY2013 Operating Budget. Moved and seconded to adopt RES. 13 -171, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2013 (AS AMENDED LAST ON 9/18/12). A public hearing was held on a resolution adopting Iowa City's FY14 Annual Action Plan which is a sub -part of Iowa City's 2011 -2015 Consolidated Plan (City Steps) and authorizing the City Manager to submit said plan and amendments and all necessary certifications to the U.S. Department of Housing and Urban Development, and designating the City Manager as the authorized Chief Executive Officer. Moved and seconded to adopt RES. 13 -172, ADOPTING IOWA CITY'S FY14 ANNUAL ACTION PLAN WHICH IS A SUB -PART OF IOWA CITY'S 2011 -2015 CONSOLIDATED PLAN (CITY STEPS) AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER. The Mayor declared the resolution adopted, 6/1. Moved and seconded to adopt RES. 13 -173, ALLOCATING HUMAN SERVICES AID TO AGENCIES FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2014. The Mayor declared the resolution adopted, 6/1. Moved and seconded to adopt RES. 13 -174, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LETTER OF INTENT REGARDING DEVELOPMENT OF 509 SOUTH DUBUQUE STREET BETWEEN THE CITY OF IOWA CITY, MIDWESTONE BANK AND THE UNIVERSITY OF IOWA. Charlie Funk, President and CEO of MidwestOne Bank, 4749 Dryden Court appeared. Kevin Monson, Official Actions May 14, 2013 Page 7 CEO Neumann Monson Architects and President of the Board MidwestOne Bank, presented a power point. Moved and seconded that the ordinance amending Title 3, City Finances, Taxation and Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties, Section 8, Parking Violations, to amend parking fees, rates, and fines, be given first vote. 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. 13 -4532, AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," TO CLARIFY THAT TAXICABS MUST USE A TAXIMETER TO MEASURE DISTANCE, be voted on for final passage at this time. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to reappoint Jay Semel, 331 S. Summit Street, and appoint Janet Freeman, 1 Oaknoll Court, and Diane Baker 752 Foster Road, to the Library, Board of Trustees for three appointments to fill six -year terms, July 1, 2013 — June 30, 2019. 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); Historic Preservation Commission for a vacancy, for a Jefferson St. representative to fill three -year terms, March 29, 2013 — March 29, 2016 (New District formed); .Human Rights Commission for an unexpired term, effective upon appointment, ending January 1, 2015; Public Art Advisory Committee — One vacancy to fill an unexpired term, effective upon appointment, ending January 1, 2014. Applications must be received by 5:00 p.m., Wednesday, May 29, 2013. The Mayor noted the current vacancies: Housing and Community Development Commission for three vacancies to fill three -year terms September 1, 2013 — September 1, 2016; Human Rights Commission for an unexpired term, effective upon appointment, ending January 1, 2016; Police Citizens Review Board for two vacancies to fill four -year terms September 1, 2013 — September 1, 2017. Applications must be received by 5:00 p.m., Wednesday, June 26, 2013. Moved and seconded to accept correspondence from Katie Anthony. 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 appoint Terry Dickens and Tom Markus, to the Iowa City Community Development Board (ICAD). Jim Walters, 1033 E. Washington St., encouraged a rejection of the petitioners request to ban traffic cameras, and if you do accept a ban to consider an exception for school zones and protect the safety of students and parents. Julie Van Dyke, 3635 490th St, appeared regarding the School Resource Officers (SRO's) grant. Moved and seconded to adjourn back to work session, 11:30 p.m. A more complete description of Council Activities is on file in the office of the City Clerk. s /Matthew J. Hayek, Mayor Official Actions May 14, 2013 Page 8 s /Marian K. Karr, City Clerk Submitted for publication — 5/21/13. 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 MAY 14, 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, Dilkes, Karr, Davidson, O'Brien, Yapp, Walz, Hargadine, Clow, Moran, Rummels, Bockenstedt. The Mayor presented Student Citizenship Awards to Lemme Elementary students: Julia Coelho, Maddie Kimm, Sam Schroder. The Mayor presented Student Citizenship Awards to Longfellow Elementary students: Ella Hennager, Kelsey Martin, Ry Threlkeld- Wiegand. The Mayor proclaimed: Drinking Water Month; Iowa Girls Softball Month, Board President Temple Hiatt and Board Member John Smick accepting; Bicycle Month; Scald injury Awareness Month, Firefighter Glenn Pauley and UIHC Nurse Alison Pauley, and UIHC Physicians Asst. Stacy Burke accepting. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Throgmorton, seconded by Dobyns, that the items and recommendations in the Consent Calendar be received, or approved and /or adopted as amended and to delete from the Consent Calendar and consider as a separate item 5d(7) recommendation to apply for the COPS grant: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: April 23 Council Work Session; April 23 Council Special Formal Official & Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Airport Commission — March 21; Civil Service Commission —April 30; Housing and Community Development — March 7; Library Board of Trustees — March 28; Parks & Recreation Commission — March 13; Planning & Zoning Commission (informal) — April 1; Planning & Zoning Commission (formal) — April 4; Planning & Zoning Commission (informal) — April 15; Planning & Zoning Commission (formal) — April 18 Telecommunications Commission — March 25. Permit Motions and Resolutions as Recommended by the City Clerk. (New) Special Class C Liquor License for Joensy's Rest, Inc., dba Joensy's Rest, 2563 N. Dodge St.; Outdoor Service Area for Hildago, Inc., dba El Cactus Authentic Mexican Cuisine, 1921 Keokuk St. (Renewal): Class C Liquor License for Sam's Pizza IC, Inc., dba Sam's Pizza IC, Inc., 441 S. Gilbert St.; Class E Liquor License for Southside Spirits, LLC, dba Southside Liquor & Tobacco, 601 Hollywood Blvd Suite 1.; Outdoor Service Area for Lusati, Inc., dba Quinton's Bar & Deli, 215E. Washington St.; Outdoor Service Area for Iron Hawk, LLC, dba Iron Hawk, 122 E. Washington St. Resolutions and Motions: RES. 13 -148, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1333 CEDAR STREET, IOWA CITY, IOWA; RES. 13 -149, AMENDING THE BUDGETED POSITIONS IN THE FINANCE ADMINISTRATION DIVISION OF THE FINANCE DEPARTMENT AND THE ADMINISTRATIVE AND CONFIDENTIAL PAY PLAN BY ELIMINATING THE POSITION OF MANAGEMENT ANALYST; RES. 13 -150, AUTHORIZING THE Complete Description May 14, 2013 Page 2 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 3017 STANFORD AVENUE, IOWA CITY, IOWA; RES. 13 -151, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 328 FAIRCHILD STREET, IOWA CITY, IOWA; RES. 13 -152, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND US BANK NATIONAL ASSOCIATION, OWENSBORO, KENTUCKY FOR PROPERTY LOCATED AT 1846 CHELSEA COURT, IOWA CITY, IOWA; RES. 13 -153, 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 733 ARCH ROCK ROAD, IOWA CITY, IOWA; RES. 13 -154, ACCEPTING THE WORK FOR THE 2012 MUSCATINE AVENUE WATER MAIN IMPROVEMENTS PROJECT; RES 13 -155, ACCEPTING THE WORK FOR THE PHASE 1 OF THE FIRST AVENUE STORM SEWER IMPROVEMENTS PROJECT; RES. 13 -156, ACCEPTING THE WORK FOR THE 2012 SEWER REPAIR PROJECT; RES. 13- 157, ACCEPTING THE WORK FOR THE FIRE AND POLICE INTERIOR REMODELING PROJECTS 2012; RES. 13 -158, ADOPTING THE IOWA CITY CONSTRUCTION SPECIFICATIONS SECTION 02660 FOR WATER DISTRIBUTION AND SECTION 02665W FOR WATER SERVICE WORK FOR CONTRACTORS; RES. 13 -159, AUTHORIZING THE PROCUREMENT OF PEBBLE QUICKLIME FOR LIME SOFTENING OF THE CITY'S DRINKING WATER; RES. 13 -160, AWARDING CONTRACT AND AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR REPLACEMENT OF ON- STREET PARKING METER SYSTEM FOR THE TRANSPORTATION SERVICES DEPARTMENT; RES. 13 -161, DIRECTING THE ADVERTISEMENT FOR SALE OF $7,230,000 (DOLLAR AMOUNT SUBJECT TO CHANGE) GENERAL OBLIGATION BONDS, SERIES 2013A, AND APPROVING ELECTRONIC BIDDING PROCEDURES; RES. 13 -162, DIRECTING THE ADVERTISEMENT FOR SALE OF $520,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2013B, AND APPROVING ELECTRONIC BIDDING PROCEDURES; RES. 13 -163, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR AUDIT SERVICES FOR THE FISCAL YEAR 2013 CITY OF IOWA CITY FINANCIAL STATEMENTS. Setting Public Hearings: RES. 13 -164, INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF A PORTION OF VACATED RIGHT -OF -WAY ALONG SPRING STREET AND GEORGE STREET TO CHRISTIAN RETIREMENT SERVICES, INC. AND SETTING A PUBLIC HEARING ON SAID PROPOSAL FOR JUNE 4, 2013; Setting a public hearing for June 4, 2013, on an ordinance rezoning property from Low - Density Single- Family (RS -5) Zone to Neighborhood Public (P -1) Zone located at 515, 527, and 539 Normandy Drive and 820, 822, and 930 Park Road (REZ13- 00003); RES. 13 -165, SETTING A PUBLIC HEARING ON JUNE 4, 2013 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE OLD HIGHWAY 218 AND MORMON TREK BOULEVARD / MCCOLLISTER BOULEVARD TRAFFIC SIGNALIZATION PROJECT, DIRECTING Complete Description May 14, 2013 Page 3 CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Correspondence: Iowa City Community String Orchestra Board regarding Invitation to Spring Concert; Ofer Sivan; Teresa Ozzello regarding Trash Can / Waste Container Storage Ordinance; Michael Hauer regarding Upgrading the Internet; Dave Debban regarding The Chauncey; Samantha Irvin regarding Iowa City Landfill Fire — Insurance Coverage Determination [Staff response included]; John Macatee regarding Why are the school board meetings at the same time as the Iowa City City Council meetings ?; Walter Seaman; Edith Pierce-Thomas; Cheryl Ridgeway; Elizabeth Christiansen; Linda Waddle; James and Helene Mossman; James and Judy Buddenbaum; E. A. Wasserman; Susan Forde regarding Protest of Rezoning, N. First Avenue (REZ 13- 00004); Jessica Citti; Jacki Rand; Liz Dodge; Kara Tonella; Laura Saxon; Jessica Jensen; Johanna Ayers; Trish Nelson; Kayla Ruth; Janet Hamann; Kate Robb; Michael Ayers; Erin Wehr; Lisa Pfannebecker; Michael Hussey; Kristin Hardy; Elizabeth Sullivan; Sara Tokheim; Jenny Nicklaus; Dustin Davis; Jennifer Fuhrman; Paula Manternach; Natalie Syrbu; John Syrbu; Annadora Khan; Leslie Buscher; Kathleen Unger; Brittany Miller; Rebecca Entel; Vera Hurley; Tracey Moberley; Change.org; Darcy Stoen; Susan Beckett; Frances Cramer; Kent Ackerson; Kathleen Janz; Brittany Thomas; Deb Tiemens; Diana Harris; Emily Hart, Kathleen Kamerick, Brian Harvey, Sally Weyer, Todd Snyder, Anne Harding, Steven Nelson, Chris Kolarik, Irene Friend, Joan Snyder, Linda Bolton, Florence Boos, Sara Henryson, Dee Morris, Deb Lee, Susan Cook, Anita Hutton, Joe Cook, Anita Hutton, Lauri Deninger, Sarah Bodensteiner, Michlynn Vulgamott, Jo Ann Whitmore (2), Charlotte Warren, Jennie Dudziak, Denise Weinard Welsch, Sally Murray, Tori Fritz, Danielle Herrig, Barb Stein, Amy Nye, Tori Fritz, Danielle Herrig, Elizabeth Weiss, Douglas Klein, Nil Filiz, Diana Gallegos, Anna Wu, Douglas Klein, Elizabeth Bickford, Jennifer Gursoy, Kathryn Barbon, Nil Filiz, Neemettin Filiz, Sera Filiz, Kathryn Barbon, Jenny Rolston, Nicole Wessel (2), Nicole Smiley, Brylie Bernhard, Sandi Herman, Hannah Minion, Mary Anne McLaughlin, Quinn Goodwin, Katherine Toraason, Elizabeth Hewitt, Anna Grimm, Abby Willinger, McKenzie Jerman, Korrie Nickels, Maggie Wyatt, Nikki Kumpf(2), Karleigh Gunderson, Kenzie Johnson, Megan Robinson, Alyssa Bergamini, Anna Hjerstedt, Diane Downing (3), Kristine Klein, Amanda Lett, Andrew Heggen, Kristine Klein, Madeline Stead, Amanda Lett, Andrew Heggen, Kristine Klein, Madeline Stead: regarding Petitions "Stop the planting of Prairie Grass at Thornberry Off -Lease Dog Park" [Staff email included]; Palmer Holden regarding Traffic Cameras; Palmer Holden regarding Traffic Cameras; Rita Bettis regarding Gurtovoy - Hampel Initiative; Bob Welsh regarding SEATS (Johnson County Task Force on Aging); James Harris regarding Bella Vista Hill of Trees; Dave Debban regarding College /Gilbert Street Property. Transportation Services Dir. O'Brien responded to questions regarding the replacement of on- street parking meter system item # 5d(14). Moved by Mims, seconded by Champion, to adopt RES. 13 -166, IN SUPPORT OF STAFF RECOMMENDATION TO APPLY FOR THE GRANT AND IF SUCCESSFUL CREATE SCHOOL RESOURCE OFFICERS (SRO's) WITHIN BOTH HIGH SCHOOLS. Kingsley Botchway appeared. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Champion, Dickens, Dobyns, Hayek, Mims, Payne. Nays Throgmorton. Complete Description May 14, 2013 Page 4 Mike Wright, 225 N. Lucas, Coordinator of the Northside Neighborhood Association, regarding enhancing Horace Mann School by adding a joint use multi - purpose room. The following individuals appeared regarding the Horace Mann enhancement: Liz Maas, 620 Ronalds St.; Susan Futrell, 311 Fairchild St. Dr. Tony Colby, 5 Bella Vista, raised concerns regarding the Gateway Project (Dubuque Street). The following individuals appeared regarding the Gateway Project: Joe Coulter; Laurie Cummins, 12 Bella Vista; Steve Tannen, 12 Bella Vista; and David Hamilton, 814 N. Linn St.. Moved by Throgmorton, seconded by Mims, to accept correspondence from Dr. Tony Colby and Joe Dan Coulter regarding the Gateway Project; and Liz Maas regarding Horace Mann. A public hearing was held on an ordinance conditionally rezoning approximately 2 acres from County Residential (R) and approximately 2.83 acres from Low - Density Single - Family Residential (RS -5) to Low - Density Multi - Family Residential (RM -12) located at east of Scott Boulevard and north of Muscatine Avenue and American Legion Road (REZ13 -00002 & REZ13- 000030). The Mayor requested reporting of ex parte communications and none were reported. No one appeared. The Mayor stated the conditional zoning agreement had not been signed and the hearing should be continued and action deferred. Moved by Mims, seconded by Payne, to continue public hearing and defer an ordinance conditionally rezoning approximately 2 acres from County Residential (R) and approximately 2.83 acres from Low - Density Single- Family Residential (RS -5) to Low - Density Multi- Family Residential (RM -12) located at east of Scott Boulevard and north of Muscatine Avenue and American Legion Road (REZ13 -00002 & REZ13- 000030), until June 4. A public hearing was held on a resolution adopting the Iowa City 2030 Comprehensive Plan Update. PCD Dir. Davidson and Asst. Planner Walz presented a power point. Individual Council Members expressed their views. Moved by Mims, seconded by Payne, to adopt RES. 13 -167, ADOPTING THE IOWA CITY 2030 COMPREHENSIVE PLAN ( "IC2030 PLAN "). Moved by Mims, seconded by Dobyns, to accept correspondence from Mary Murphy. A public hearing was held on an ordinance rezoning approximately 0.38 acres from Public (P) to Central Business Support Zone (CB -5) for property located at the northeast corner of College St. & Gilbert St (REZ13- 00009). The Mayor requested reporting of ex parte communications and Throgmorton and Hayek reported. The following individuals appeared: Rockne Cole, 1607 E. Court St.; Nancy Quellhorst, Iowa City Area Chamber of Commerce; Mark McCallum, 1610 Crescent St.; Evan Fales, 1215 Oakcrest St.; Mary Gravitt, 2714 Wayne Ave.; Amanda Van Horne, Trinity Episcopal Church; Diane Machatka, 406 Reno St.; Louise Young, 320 E. Washington St.; Phil Beck, 2230 Russell Dr.; Hannah Papineschi, 905 S. 7th Ave.; Brandon Ross; Cecile Kuenzil, 705 S. Summit St.; Bill Nusser, 508 River St.; Regenia Bailey, 210 Reno St.; Ariane Porter - Perret, 1024 Y2 E. Market St.; Pam Michaud, 109 S. Johnson St.; and Eric Johnson, (Oxford). Moved by Payne, seconded by Mims, to accept correspondence from Mark McCallum, Julie Howard, Lynne Nugent, and Rockne Cole. Individual Council Members expressed their views. Moved by Throgmorton, seconded by Mims, that the ordinance rezoning approximately 0.38 acres located at the northeast corner of College Street & Gilbert Street from Public (P -1) to Central Business Support Zone (CB -5). (REZ13- 00009), be given first vote. Individual Council Members expressed their views. The Mayor declared Complete Description May 14, 2013 Page 5 the motion failed, 2/5, with the following division of roll call vote. Ayes: Payne, Throgmorton. Nays: Champion, Dickens, Dobyns, Hayek, Mims. Moved by Mims, seconded by Champion, that ORD. 13 -4524, VACATING AIR RIGHTS AND SUBTERRANEAN RIGHTS FOR PORTIONS OF PUBLIC RIGHT -OF- WAY LOCATED ON GEORGE STREET BETWEEN BENTON STREET AND OAKCREST STREET (VAC 13-00002), be passed and adopted. Moved by Payne, seconded by Mims, that the ordinance conditionally rezoning and amending the Sensitive Areas Development Plan to allow a reduction in the previously approved wetland buffer on property located at 2845 Mormon Trek Boulevard (REZ12- 00032), be given second vote. John Rummelhart appeared. Individual Council Members expressed their views. The Mayor declared the motion passed, 5/2, with the following division of roll call vote: Ayes: Payne, Dickens, Dobyns, Hayek, Mims. Nays: Throgmorton, Champion. Moved by Mims, seconded by Throgmorton, that 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. 13 -4525, REZONING APPROXIMATELY 27.8 ACRES LOCATED WEST OF MORMON TREK BOULEVARD AND NORTH OF HAWKEYE PARK ROAD FROM INSTITUTIONAL PUBLIC (P -2) TO INSTITUTIONAL PUBLIC /MEDIUM - DENSITY MULTI - FAMILY (P- 2 /RM -20) (REZ13- 00001), be voted on for final passage at this time. Moved by Mims, seconded by Champion, that the ordinance be finally adopted at this time. Moved by Champion, seconded by Dobyns, to accept correspondence from David Kieft. Moved by Mims, seconded by Payne, that the ordinance amending Title 14: Zoning to define rooming house cooperatives as a type of fraternal group living use and to specify that fraternal group living uses are allowed by special exception in the RNS -20 zone and to modify the residential density and parking standards for said uses to be consistent with the density and parking standards for multi - family uses, be given second vote. The following individuals appeared: Steve Lawler, 1323 F Ave. (Ogden), Regional Dir. for Sigma Phi Fraternity; Erin Parker; Jon Greenwood; Trent Goode; Dan Wilkes, rep. not - for - profit owner of 202 Ellis; Alec Brammel, UISG City Council Liaison; and Justin Lambias. Individual Council Members expressed their views. PCD Dir. Davidson present for discussion. Original motion for second consideration withdrawn. 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. 13 -4526, AMENDING TITLE 14: ZONING TO DEFINE ROOMING HOUSE COOPERATIVES AS A TYPE OF FRATERNAL GROUP LIVING USE AND TO SPECIFY THAT FRATERNAL GROUP LIVING USES ARE ALLOWED BY SPECIAL EXCEPTION IN THE RNS -20 ZONE AND TO MODIFY THE RESIDENTIAL DENSITY AND PARKING STANDARDS FOR SAID USES TO BE CONSISTENT WITH THE DENSITY AND PARKING STANDARDS FOR MULTI- FAMILY USES, be voted on for final passage at this time. Moved by Mims, seconded by Payne, that the ordinance be finally adopted at this time. Moved by Mims, seconded by Payne, to accept correspondence from Michael Ayalon, Ex. Dir. of Sigma Phi Fraternity. Moved by Mims, seconded by Payne, directing staff to come back to Council expeditiously with a workable solution that addresses neighborhood stabilization and meets the needs expressed. Complete Description May 14, 2013 Page 6 Moved by Payne, seconded by Mims, that the ordinance amending Title 14, Zoning Code to establish parking location standards and entranceway standards that will reduce the visual impact of structured and surface parking areas along residential streets in multifamily zones, be given second vote. Moved by Payne, seconded by Dobyns, that ORD. 13 -4527, REZONING APPROXIMATELY 0.78 ACRES LOCATED AT 1105 GILBERT COURT FROM NEIGHBORHOOD PUBLIC (P -1) TO INTENSIVE COMMERCIAL (CI -1) (REZ13- 00006), be passed and adopted. Moved by Payne, seconded by Dickens, that ORD. 13 -4528, CONDITIONALLY REZONING 2.12 ACRES LOCATED SOUTH OF HIGHWAY 1 WEST, EAST OF RUPPERT ROAD FROM INTENSIVE COMMERCIAL (CI -1) ZONE TO COMMUNITY COMMERCIAL (CC -2) ZONE (REZ13- 00007), be passed and adopted. The Mayor requested reporting of ex parte communications and none were reported. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote: Ayes: Payne, Champion, Dickens, Dobyns, Hayek, Mims. Nays: Throgmorton. 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. 13 -4529, CONDITIONALLY REZONING PROPERTY FROM COMMERCIAL OFFICE (CO -1) ZONE TO COMMUNITY COMMERCIAL (CC -2) ZONE AND AMENDING THE CONDITIONAL ZONING AGREEMENT FOR APPROXIMATELY 2.31 -ACRES OF PROPERTY CURRENTLY ZONED CC -2 AND CO -1 LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF BROADWAY STREET AND HIGHWAY 6 (REZ13- 00005), be voted on for final passage at this time. The Mayor requested reporting of ex parte communications and none were reported. Moved by Mims, seconded by Champion, that the ordinance be finally adopted at this time. Moved by Dobyns, seconded by Mims, to accept correspondence from Wally Pelds. Moved by Champion, seconded by Payne, that ORD. 13 -4530, AMENDING TITLE 4 OF THE ZONING CODE TO MODIFY THE PROCESS FOR DELINEATING WOODLAND BUFFERS AND COUNTING PRESERVED TREES AND WOODLANDS TOWARD ANY TREE REPLACEMENT OR MITIGATION REQUIREMENTS, be passed and adopted. Moved by Dobyns, seconded by Payne, that ORD. 13 -4531, 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 (REZ12- 00030), be passed and adopted. The Mayor requested reporting of ex parte communications and none were reported. Moved by Payne, seconded by Dickens, to adopt RES. 13 -168, APPROVING FINAL PLAT OF LINDEMANN PART FOUR -A, IOWA CITY, IOWA. Moved by Dickens, seconded by Mims, to adopt RES. 13 -169, APPROVING FINAL PLAT OF LINDEMANN PART FIVE, IOWA CITY, IOWA. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Ashton House Remodeling Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, and fixing time and place for receipt of bids. No one appeared. Complete Description May 14, 2013 Page 7 Moved by Payne, seconded by Dobyns, to adopt RES. 13 -170, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ASHTON HOUSE REMODELING 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 the resolution amending the FY2013 Operating Budget. No one appeared. Moved by Mims, seconded by Payne, to adopt RES. 13 -171, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2013 (AS AMENDED LAST ON 9/18/12). A public hearing was held on a resolution adopting Iowa City's FY14 Annual Action Plan which is a sub -part of Iowa City's 2011 -2015 Consolidated Plan (City Steps) and authorizing the City Manager to submit said plan and amendments and all necessary certifications to the U.S. Department of Housing and Urban Development, and designating the City Manager as the authorized Chief Executive Officer. No one appeared. Moved by Payne, seconded by Dobyns, to adopt RES. 13 -172, ADOPTING IOWA CITY'S FY14 ANNUAL ACTION PLAN WHICH IS A SUB -PART OF IOWA CITY'S 2011 -2015 CONSOLIDATED PLAN (CITY STEPS) AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER. Council Member Champion indicated she would be voting "no" for reasons stated at the work session earlier in the evening. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Nays: Champion. Moved by Mims, seconded by Payne, to adopt RES. 13 -173, ALLOCATING HUMAN SERVICES AID TO AGENCIES FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2014. Council Member Champion indicated she would be voting "no" for reasons stated at the work session earlier in the evening, and encouraged development of criteria for recommendations next year. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Nays: Champion. Moved by Dobyns, seconded by Mims, to adopt RES. 13 -174, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LETTER OF INTENT REGARDING DEVELOPMENT OF 509 SOUTH DUBUQUE STREET BETWEEN THE CITY OF IOWA CITY, MIDWESTONE BANK AND THE UNIVERSITY OF IOWA. PCD Dir. Davidson present for discussion. Charlie Funk, President and CEO of MidwestOne Bank, 4749 Dryden Court appeared. Kevin Monson, CEO Neumann Monson Architects and President of the Board MidwestOne Bank, presented a power point. Individual Council Members expressed their views. Moved by Mims, seconded by Payne, that the ordinance amending Title 3, City Finances, Taxation and Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties, Section 8, Parking Violations, to amend parking fees, rates, and fines, be given first vote. Transportation Services Dir. O'Brien present for discussion. Moved by Mims, seconded by Payne, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting Complete Description May 14, 2013 Page 8 at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 13 -4532, AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," TO CLARIFY THAT TAXICABS MUST USE A TAXIMETER TO MEASURE DISTANCE, be voted on for final passage at this time. Moved by Mims, seconded by Payne, that the ordinance be finally adopted at this time. Moved by Mims, seconded by Payne, to reappoint Jay Semel, 331 S. Summit Street, and appoint Janet Freeman, 1 Oaknoll Court, and Diane Baker 752 Foster Road, to the Library, Board of Trustees for three appointments to fill six -year terms, July 1, 2013 — June 30, 2019. 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); Historic Preservation Commission for a vacancy, for a Jefferson St. representative to fill three -year terms, March 29, 2013 — March 29, 2016 (New District formed); .Human Rights Commission for an unexpired term, effective upon appointment, ending January 1, 2015; Public Art Advisory Committee — One vacancy to fill an unexpired term, effective upon appointment, ending January 1, 2014. Applications must be received by 5:00 p.m., Wednesday, May 29, 2013. The Mayor noted the current vacancies: Housing and Community Development Commission for three vacancies to fill three -year terms September 1, 2013 — September 1, 2016; Human Rights Commission for an unexpired term, effective upon appointment, ending January 1, 2016; Police Citizens Review Board for two vacancies to fill four -year terms September 1, 2013 — September 1, 2017. Applications must be received by 5:00 p.m., Wednesday, June 26, 2013. Moved by Mims, seconded by Payne, to accept correspondence from Katie Anthony. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Moved by Mims, seconded by Payne, to appoint Terry Dickens and Tom Markus, to the Iowa City Community Development Board (ICAD). Council Member Dobyns congratulated Asya Bergal, a senior at West High School for being named a US Presidential Scholar. Council Member Payne noted the recent upgrade by the League of American Bicyclists awarding Iowa City a silver status, one step up from the bronze classification. Council Member Dickens stated he was looking forward to the Friday and Saturday night concert series, and encouraged citizens to come down and enjoy the free events. City Manager Markus announced that Summer of the Arts would be doing a new event this year, Soul Fest, which would replace Sand in the City. Jim Walters, 1033 E. Washington St., encouraged a rejection of the petitioners request to ban traffic cameras, and if you do accept a ban to consider an exception for school zones and protect the safety of students and parents. The Mayor shared work session discussion held earlier in the evening and stated Council directed staff to Complete Description May 14, 2013 Page 9 pursue the recommendation at the June 4 Council meeting. Julie Van Dyke, 3635 4901h St, appeared regarding the School Resource Officers (SRO's) grant. Moved by Dobyns, seconded by Payne, to adjourn back to work session, 11:30 p.m. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk r VI� � I ®oor CITY OF IOWA CITY 3aa0) 1k MEMORANDUM Date: May 28, 2013 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, May 14, 2013, 5:04 PM in Emma J. Harvat Hall Council: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton UISG: Bramel Staff: Markus, Dilkes, Karr, Davidson, Bockenstedt, O'Brien, Hargadine, Moran, Fosse, Bollinger, Rackis, Rummel, Morris A transcription and power points are available in the City Clerk's Office and the City website. INTRODUCTIONS FROM CHINESE STUDENTS Council Member Throgmorton reported he had been meeting with University Chinese students over the past several weeks and asked visitors to introduce themselves. QUESTIONS FROM COUNCIL REGARDING AGENDA ITEMS 1. (Agenda items #10 ... CDBG HOME Budget ... and #11 ... Aid to Agency allocations for FY14 ...) PCD Dir. Davidson introduced Planner Hightshoe to answer questions regarding the items. 2. (Consent Calendar item # 5d(7) ... COPS hiring program grant ....) In response to Council Member Throgmorton, majority agreed to remove the item from the Consent Calendar for separate consideration. 3. (Agenda items #10 ... CDBG HOME Budget ... and #11 ... Aid to Agency allocations for FY14 ...) Planner Hightshoe responded to questions regarding the items. Council Member Champion indicated she would be voting against the recommendation. 4. (Consent Calendar # 5d(14) ... on street parking meter system replacement ...) In response to Council Member Throgmorton, Transportation Services Dir. O'Brien explained that credit card information is protected from skimmers and actual access equipment in the parking facilities are checked twice a week, meters collected, and checked to ensure no skimmers have been placed on meters. 5. (Consent Calendar # 5d(8) ... planting of prairie grass at Thornberry dog park ... ) In response to Council Member Dobyns, Parks & Recreation Dir. Moran reported that Earthview Environmental approached the City to do the planting this fall. However, after meeting with Johnson County DogPAC and Earthview representatives on May 13 the decision was made not to proceed. 6. (Agenda items #7g — Housing Cooperatives and fraternal group living ...) UISG representative Brammel indicated he had some concerns but would wait until the formal meeting. Council Work Session May 14, 2013 Page 2 COUNCIL APPOINTMENTS Board of Library Trustees: reappoint Jay Semel appoint Janet Freeman and Diane Baker AID TO AGENCIES RECOMMENDATIONS (AGENDA ITEM # 111 Planner Hightshoe presented information and review the process. Council Member Champion voiced concerns regarding adding new agencies, and possible duplication of services. She indicated she would be voting against the recommendation and encouraged developing criteria for the Commission when reviewing application or returning the process to the Council. GOOD NEIGHBORHOOD POLICY [IP # 31 PCD Dir. Davidson and Neighborhood Coordinator Bollinger reviewed the memo and six bullets suggested for restricting the program. ACTION: Proceed with restructuring the Policy incorporating bullets outlined. (Bollinger) PARA- TRANSIT / SEATS Transportation Services Dir. O'Brien presented a power point summarizing discussions with representatives of the Coralville and Iowa City staffs and elected officials, as well as contacts with North Liberty. Based on those discussions the recommendations are: ➢ Eliminate half fare ➢ Eliminate Sunday Service ➢ Maintain door to door service ➢ Evaluate fixed route fare structure for FY15 ACTION: Proceed with preparing a resolution for June 4 meeting containing recommendation. (O'Brien) "INITIATIVE" PETITION PROCESS - ORDINANCE ENACTING A NEW CHAPTER OF THE CITY CODE TO RESTRICT USE OF TRAFFIC ENFORCEMENT CAMERAS AND DRONES, AUTOMATIC LICENSE -PLATE RECOGNITION SYSTEMS, AND OTHER KINDS OF TRAFFIC SURVEILLANCE SYSTEMS. fIP # 4, 51 City Attorney Dilkes facilitated discussion of her May 9 memo contained in the information packet. After discussion a majority agreed with the recommendations outlined in the memo. ACTION: Prepare ordinance for consideration at June 4 Council meeting ( Dilkes) INFORMATION PACKET DISCUSSION (APRIL 25, MAY 2, 9l None COUNCIL TIME AND MEETING SCHEDULE [IP # 71 1. Council Member Mims noted the reception the previous day for retiring Fire Chief Rocca. Council Work Session May 14, 2013 Page 3 2. Council Members agreed to the following KXIC radio schedule: • May 22 - Champion • May 29 - Hayek • June 5 - Payne • June 12 - Payne • June 19 — Dickens 3. (IP7 — Evaluation of Council Appointees) City Clerk Karr will contact Council Members individually and propose summer dates for the scheduling of evaluations. QUESTIONS FROM COUNCIL REGARDING AGENDA ITEMS (continued) 7. (Consent Calendar item # 5d(7) ... COPS hiring program grant ....) Police Chief Hargadine responded to questions. COUNCIL TIME (continued) 4. Mayor Hayek reported on a meeting he attended with City Manager Markus, Asst. to the City Manager Fruin and Governor Branstad regarding rail service and stated he would keep the Council informed. 5. City Manager Markus introduced Finance Dir. Bockenstedt who distributed information regarding Senate File 295 and commercial property tax reform implications for the City. [Break for formal meeting 6;50; reconvened 19:30] PENDING WORK SESSION TOPICS rIP # 81 In response to Council Member Throgmorton, City Manager Markus stated action on the Ad Hoc Diversity Committee recommendations is scheduled for the June 18 Council meeting. Council Member Throgmorton stated he was also awaiting the sustainability assessment report, and staff will follow up on that release. UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS None Meeting adjourned 11:35 PM.