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HomeMy WebLinkAbout2013-06-18 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 18, 2013 Iowa City City Council, regular meeting, 7:00 p.m. at City Hall. Mayor Matt Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. Staff members present: Markus, Fruin, Dilkes, Karr, Bentley, Miklo, Bockenstedt, Knoche, Yapp, Hargadine, Kopping. O'Brien, Moran, Fosse, Ford, Gannon, Bollinger, Bowers, Boothroy. Mayor Hayek noted that Mayor Pro tem Mims would be participating electronically and the addition of item # 7a, SEATS / Paratransit agreement. Special presentations: Friends of Animal Center Foundation (FACF) Ex. Dir. Kym Leyden, Board President Tara Mott, and Animal Services Supr. Goodman presented the City with a $200,000 check representing the first installment of the five year million dollar goal for a new Shelter; Patty McCarthy, Development Director of the Iowa City Public Library Friends Foundation presented a $125,000 representing the first installment of the Better Building, Better Services campaign to remodel the Library. The Mayor proclaimed Juneteenth National Freedom Day, Human Rights Commissioner Orville Townsend 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 amended and to delete from the Consent Calendar and consider as separate items resolutions setting hearings for item 4e(1) Moss Green Village Urban Renewal Plan and 4e(7) Moss Ridge Road Construction Project: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: June 4 Council Work Session; June 4 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 —April 18; Parks and Recreation Commission —April 10; Planning & Zoning Commission (formal) — May 16; Telecommunications Commission — April 22. Permit Motions and Resolutions as Recommended by the City Clerk; (New) Class C Liquor License for One Louder, LLC, dba Micky's Irish Pub,11 S. Dubuque St.; (Renewal) Class E Liquor License for Walgreen Co. dba Walgreens #05077, 2214 Muscatine Ave.; Class C Liquor License for Dublin Underground, Inc., dba The Dublin Underground, 5 S. Dubuque St.; Class E Liquor License for John's Grocery, Inc., dba, John's Grocery, Inc. 401 E. Market St.; Class E Liquor License for Kum & Go, LC, dba Kum & Go #422, 513 S. Riverside Dr.; Class E Liquor License for Kum & Go, LC, dba Kum & Go #53, 955 Mormon Trek Blvd.; Special Class C Liquor License for D & E Restaurant, Inc. dba Z'Mariks Noodle Cafe,19 S. Dubuque St.; Class C Liquor License for Weekes -Van Eck Post #3949 Veterans of Foreign Wars dba Weekes -Van Eck Post #3949 Veterans of Foreign Wars, 609 Highway 6 E.; Class C Liquor License for David Alberhasky dba Dave's Foxhead Tavern, 402 E. Market St.; RES. 13 -197, TO ISSUE CIGARETTE PERMITS. Resolutions and Motions: RES. 13 -198, EXCEPTING IOWA CITY TRANSIT FROM THE IOWA CITY TITLE VI COMPLIANCE PLAN AND APPROVING A TRANSIT- SPECIFIC TITLE VI PROGRAM PLAN; RES. 13 -199, AUTHORIZING Complete Description June 18, 2013 Page 2 THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA, FOR THE APPLICATION AND ADMINISTRATION OF ANY AWARDED EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARDS; RES. 13 -200, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A GRANT AGREEMENT WITH JOHNSON COUNTY FOR FUNDS TO SUPPORT THE IOWA CITY / JOHNSON COUNTY SENIOR CENTER; RES. 13 -201, AWARDING CONTRACT to Iowa State Contractors, for $199,000.00, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE ASHTON HOUSE REMODELING PROJECT; RES. 13 -202, ACCEPTING THE WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR AUDITOR'S PARCEL 2009032, ADDRESSED 2530 S. GILBERT STREET, AND DECLARING THE SANITARY SEWER OPEN FOR PUBLIC USE; RES. 13 -203, AMENDING THE BUDGETED POSITIONS IN THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT BY ADDING ONE FULL -TIME SENIOR CIVIL ENGINEER POSITION AND DELETING ONE FULL -TIME CIVIL ENGINEER POSITION.; RES. 13 -204, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT WITH HAWKEYE AREA COMMUNITY ACTION PROGRAM (HACAP), IOWA CITY, IOWA; RES. 13 -205, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1814 LAKESIDE DRIVE, IOWA CITY, IOWA; Approving disbursements in the amount of $15,730,982.16 for the period of May 1 through May 31, 2013, as recommended by the Finance Director subject to audit. Setting Public Hearings: Setting a public hearing for July 23 on a resolution to amend the Comprehensive Plan - Southeast District Plan to change the land use designation from Multi - Family to Commercial for property located at the northwest corner of the intersection of Muscatine Avenue and Scott Boulevard (CPA13- 00002); Setting a public hearing for July 23 on an ordinance to rezone 0.85 -acres from Low Density Single - Family (RS -5) Zone and 2.87 -acres from Low Density Multi - Family (RM -12) Zone to Community Commercial (CC -2) Zone for property located north of Muscatine Avenue, west of Scott Boulevard (REZ13- 00012); Setting a public hearing for July 23 on an ordinance to amend the conditional zoning agreement regarding setback and landscaping for 2.3 -acres of land located southeast of the intersection of Highway 1 and Sunset Street in the Intensive Commercial (CI -1) Zone (REZ13- 00014); Setting a public hearing for July 23 on an ordinance amending Title 14: Zoning Code to allow schools of generalized instruction by special exception in the Community Commercial (CC -2) Zone; Setting a public hearing for July 23 on an ordinance amending Title 14: Zoning Code to modify the regulations regarding the spacing of drinking establishments so that the 500 -foot spacing rule would only apply to the University Impact Area and the Riverfront Crossings District. Correspondence: James Burke regarding Protest of Rezoning, N. First Avenue (REZ13- 00004); Amy Kretkowski, and on behalf of Cynthia Fairchild, Michael Gobat regarding Extension for repair / replace of brick sidewalks [Staff response included]; Kurt Kimmerling, Association Board President regarding Idyllwild Flood Mitigation Support; Kurt Michael Friese regarding Iowa City Public Market; Traffic Engineering Complete Description June 18, 2013 Page 3 Planner regarding Installation of (1) DISABLED PARKING space on the west side of Elmridge Avenue in front of 419 Elmridge Avenue; Traffic Engineering Planner regarding Installation of NO PARKING ANY TIME signs on both sides of Waterfront Drive south of Main Street; and Installation of NO PARKING 5 PM — 8 AM signs on the west side of Waterfront Drive between Southgate Ave and Main Street; correspondence from Matt Neely; Nancy Adams -Cogen regarding Early Mornings at Trinity Episcopal Church. Lori Dahlen, 2018 Waterfront Dr., appeared regarding the staff recommendations for changes in parking on Waterfront Drive. Moved by Champion, seconded by Throgmorton, to adopt RES. 13 -206, DETERMINING THE NECESSITY OF AND SETTING DATES OF A CONSULTATION (JUNE 26, 2013) AND PUBLIC HEARING (JULY 23, 2013) ON A PROPOSED AMENDMENT NO. 1 TO THE MOSS GREEN URBAN VILLAGE URBAN RENEWAL PLAN IN THE CITY OF IOWA CITY, IOWA; and to adopt RES. 13 -207, SETTING A PUBLIC HEARING ON JULY 23, 2013 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE MOSS RIDGE ROAD PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Economic Development Coordinator Ford presented a power point. Individual Council Members expressed their views. Brandon Ross, 1822 Rochester Ave., appeared regarding the upcoming Council elections and requested Council consider a salary increase to attract candidates. Mary Gravitt, 2714 Wayne Ave., requested the second floor of the Public Library be brought into ADA compliance; reported on a neighborhood rental property that has left the trash can at the street for years; and requested flood control methods that preserve trees and green space. UISG Liaison Bramel updated Council on a meeting with staff regarding density and zoning matters concerning fraternal living, and reported a recommendation should be received from the Planning & Zoning Commission in the near future. Moved by Payne, 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 -4536, 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 voted on for final passage at this time. Sr. Planner Miklo present for discussion. The Mayor requested Council Members report any ex parte communications and none were reported. Moved by Payne, seconded by Dickens, that the ordinance be finally adopted at this time. Moved by Payne, seconded by Dickens, to accept correspondence from Jesse Allen. Moved by Payne, seconded by Dobyns, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 13 -4537, 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 voted on for final passage Complete Description June 18, 2013 Page 4 at this time. Moved by Payne, seconded by Throgmorton, that the ordinance be finally adopted at this time. Moved by Dobyns, seconded by Payne, to adopt RES. 13 -208, REPEALING RESOLUTION NO. 13 -196 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST REVISED 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR THE CONTRACTING OF PARATRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF IOWA CITY. Transportation Services Dir. O'Brien presented background and a summary of the proposed agreement. Individual Council Members expressed their views. The following individuals appeared: Nancy Ostrognai, Glendale; Terry Cunningham, 554 Westside Dr.; Mary Gravitt, 2714 Wayne Ave.; Keith Ruff, 601 S. Gilbert St. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the 2013 William Street Streetscape 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 Dobyns, seconded by Payne, to adopt RES. 13 -209, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2013 WILLIAM STREET STREETSCAPE 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 approving plans, specifications, form of contract, and estimate of cost for the construction of the Phase 2 of the First Avenue Storm Sewer Improvements 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 Dobyns, seconded by Dickens, to adopt RES. 13 -210, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PHASE 2 OF THE FIRST AVENUE STORM SEWER IMPROVEMENTS 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 Payne, to adopt a resolution approving distribution of the "Program for Improving Neighborhoods" ( "PIN ") grant funds. Individual Council Members expressed their views. The following individuals appeared: Cindy Roberts, Grant Wood Neighborhood Association; Tim Gholson, Country Club Estates Homeowners Association; Sarah Clark, Northside Neighborhood Association; Amy Kreitkowski, Northside Neighborhood Association; Will Thomson, Longfellow Neighborhood Association; Cassandra Elton, Antelope Lending Library; Katy Krapfl, Goosetown Neighborhood Association; Karen Nichols, Creekside Neighborhood Association; and Francis Gartzke, Eastside Neighborhood Association Neighborhood Services Coordinator Bollinger present for discussion. Original motion withdrawn, moved by Throgmorton, seconded by Champion, to adopt RES. 13 -211, APPROVING DISTRIBUTION OF THE "PROGRAM FOR IMPROVING NEIGHBORHOODS" ( "PIN ") GRANT FUNDS, minus the Country Club Estates landscaping allocation of $1667 and refer that amount back to the Neighborhood Council for reallocation. Complete Description June 18, 2013 Page 5 Moved by Champion, seconded by Payne, to adopt RES. 13 -212, DIRECTING SALE OF $7,230,000 GENERAL OBLIGATION BONDS, SERIES 2013A. Finance Dir. Bockenstedt present for discussion. Moved by Payne, seconded by Champion, to approve a Tax Exemption Certificate authorizing and providing for the issuance of $7,230,000 General Obligation Bonds, Series 2013A, and levying a tax to pay said bonds. Moved by Payne, seconded by Champion, to approve a Continuing Disclosure Certificate authorizing and providing for the issuance of $7,230,000 General Obligation Bonds, Series 2013A, and levying a tax to pay said bonds. . Moved by Payne, seconded by Dickens, to adopt RES. 13 -213, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $7,230,000 GENERAL OBLIGATION BONDS, SERIES 2013A, AND LEVYING A TAX TO PAY SAID BONDS. Moved by Champion, seconded by Dickens, to adopt RES. 13 -214, DIRECTING SALE OF $520,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2013B. Moved by Payne, seconded by Champion, to approve Continuing Disclosure Certificate for the issuance of $520,000 Taxable General Obligation Bonds, Series 20138, and levying a tax to pay said bonds. Moved by Payne, seconded by Champion, to adopt RES. 13 -215, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $520,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 20138, AND LEVYING A TAX TO PAY SAID BONDS. Moved by Payne, seconded by Dickens, to adopt RES. 13 -216, AMENDING THE BUDGETED POSITIONS IN THE HUMAN RIGHTS DIVISION OF THE ADMINISTRATIVE OFFICES DEPARTMENT AND THE ADMINISTRATIVE AND CONFIDENTIAL PAY PLAN BY REDEFINING THE HUMAN RIGHTS COORDINATOR POSITION, GRADE 28 TO A HUMAN RIGHTS COORDINATOR / EQUITY DIRECTOR POSITION, GRADE 29. Moved by Payne, seconded by Dobyns, to adopt RES. 13 -217, APPROVING THE STAFF RECOMMENDATIONS FOR IMPLEMENTATION OF VARIOUS RECOMMENDATIONS MADE BY THE AD HOC DIVERSITY COMMITTEE. The following individuals appeared: Dorothy Whiston, Coalition for Racial Justice and the Consultation of Religious Communities, 317 Mahaska Dr.; Marilyn Calkins, Coalition for Racial Justice and the Consultation of Religious Communities, 2714 Wayne Ave.; Charlie Eastham, Coalition for Racial Justice and the Consultation of Religious Communities, 37 Colwyn Ct.; Karen Fox, Coalition for Racial Justice, 37 Colwyn Ct.; LaTasha Massey, Ad Hoc Diversity Committee member, 2826 Whispering Meadow Dr.; and Diane Finnerty, Human Rights Commission, 728 Dearborn St. Individual Council Members expressed their views. Moved by Dobyns, 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 at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 13 -4538, 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 voted on for final passage at this time. Moved by Dobyns, seconded by Payne, that the ordinance be finally adopted at this time. Moved by Dobyns, 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 June 18, 2013 Page 6 at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD.13 -4539, AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," OF THE CITY CODE BY ADOPTING AN ORDINANCE SIMILAR IN SUBSTANCE TO THE PROPOSED INITIATIVE ON 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 ENABLES AUTOMATIC TRAFFIC ENFORCEMENT, be voted on for final passage at this time. Moved by Dobyns, seconded by Payne, that the ordinance be finally adopted at this time. Moved by Payne, seconded by Dobyns, to accept correspondence from Wayne Kilbourn, Sandy Jo Messing. 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 within two feet of a building wall of a residential structure, be given first vote. The following individuals appeared: Caroline Dieterle; Nancy Carlson, 1002 E. Jefferson; and Sarah Clark, 509 Brown St. Individual Council Members expressed their views. The Mayor declared the motion defeated, 1/6, with the following division of roll call vote. Ayes: Dobyns. Nays: Throgmorton, Champion, Dickens, Hayek, Mims, Payne. Moved by Payne, seconded by Champion, to accept correspondence from Erin Irish and Nancy Carlson. . Moved by Champion, seconded by Payne, to appoint Jewell Amos, 735 Dearborn, to the Human Rights Commission for an unexpired term, effective upon appointment, ending January 1, 2015. The Mayor noted the previously announced vacancies to Boards and Commissions: 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. 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); 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. The Mayor noted the current vacancy: Board of Adjustment for an unexpired term, effective upon appointment, ending January 1, 2015. Applications must be received by 5:00 p.m., Wednesday, July 31, 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.] Moved by Payne, seconded by Throgmorton, to accept correspondence from Will Jennings. Council Member Dickens thanked staff for their efforts during the flood, and the quick response to re- opening Dubuque St. Complete Description June 18, 2013 Page 7 Mayor Pro tem Mims echoed remarks regarding staff efforts with flooding, and her appreciation on electronic participation at the meeting. Council Member Throgmorton congratulated his son Paul and finance on their upcoming wedding. Mayor Hayek commended staff on flood response, noting the remarkable coordination between all entities; and acknowledged the City's Aaa bond rating for 37 years. Moved by Payne, seconded by Dickens to adjourn to work session 9:32 p.m. f/ Matthew J. Hayek, Mayor I1 - 9el� Mari K. Karr, City Clerk CITY OF IOWA CITY aa�� MEMORANDUM -- Date: June 12, 2013 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, June 4, 2013, 5:00 PM in Emma J. Harvat Hall Council: Champion, Dickens (5:10), Dobyns, Hayek, Mims, Payne, Throgmorton UISG: Bramel Staff: Markus, Fruin, Bentley, Dilkes, Karr, Davidson, Bockenstedt, O'Brien, Moran, Fosse, Rummel, Havel, Nations A transcription and power points are available in the City Clerk's Office and the City website. QUESTIONS FROM COUNCIL REGARDING AGENDA ITEMS 1. (Agenda items #10 ... Parking Fee Changes ... adjust off street hourly parking fees... increase on street hourly parking fees and change expired meter fine structure) In response to UISG Rep. Bramel Transportation Services Dir. O'Brien stated parking in the downtown ramps is not part of this proposal and will come back to Council at a later time. 2. (Consent Calendar item # 3f(5) Debbie & Mike Hartley - Rebuilding of the Dental Lab) In response to Council Member Throgmorton, PCD Dir. Davidson reported staff was considering recommending a change in the City Code and would be bringing something back to Council shortly. 3. (Agenda items #9 ... Paratransit (SEATS) contract ... Authorizing 28E agreement ...Johnson County ...) Council Member Throgmorton questioned whether Council would be discussing the matter during the work session or wait for the formal. Council Member Throgmorton indicated an interest to invent some transitional measures for elimination of half price fares and Sunday service. Majority expressed an interest to discuss during the formal meeting as individuals are expected to attend the formal. COUNCIL APPOINTMENTS Airport Zoning Commission (2017 full term) — Matthew Wolford Public Art Advisory Committee — William Nusser Human Rights Commission — defer to June 18 (to allow contact with applicants) FLOODING UPDATE PW Dir. Fosse presented a power point. Parks & Recreation Dir. Moran present for discussion. SUSTAINABILITY ASSESSMENT REPORT 2013 [IP # 31 PW Dir. Fosse introduced Environmental Coordinator Nations who presented power point of the report. ACTION: Proceed as outlined. (Fosse / Nations) INFORMATION PACKET DISCUSSION rMAY 16, 23, 301 May 16 Council Work Session June 4, 2013 Page 2 (Articles from City Manager - IP 3 It's Time for Iowa to address racial disparity in sentences and IP 4 City Leadership to Promote Black Male Achievement) Council Member Mims noted the articles and encouraged Council to consider setting aside a work session to brainstorm with staff on programs the City might pursue. Council Member Throgmorton agreed and questioned when the staff recommendation regarding the Ad Hoc Diversity report would be available. City Manager Markus stated the goal was to have before Council at the June 18 meeting. 2. (IP7 Memo form the Finance Dir.... proposed property tax reform legislation) Mayor Pro tem Mims thanked the Finance Dir. for the update on State Legislation on City Finances. City Manager Markus reported that he had asked the Finance Dir. to present more information to Council at the formal meeting later in the evening. May 23 1. (IP 2 Email from Asst. to the City Manager re Review from Water Superintendent ... regarding fluoride levels in local water supply) Mayor Hayek thanked staff for the response on fluoride levels in City water. May 30 None COUNCIL TIME AND MEETING SCHEDULE rIP # 41 1. Council Member Dickens reminded everyone of the Arts Fest with events starting Friday evening, and "Kid's Street" activities 10:00 to 3:00 Saturday. 2. Council Member Throgmorton stated he had attended the first meeting of the downtown streetscape design committee, and stated he would keep Council informed. 3. Council Member Throgmorton reported on the Riverfront Crossings Project meeting attended by himself, Council Members Payne and Dobyns, and Congressman Loebsack; and complimenting Community Dev. Coordinator Long and Planner Howard for their assistance. 4. Council Member Throgmorton informed Council of a meeting he and City Manager Markus held with Downing Thomas, International Programs at the University of Iowa, about setting up a forum in September to build stronger connections between Chinese residents and the Iowa City community. 5. Council Member Dickens reported on another neighborhood meeting in the Gilbert Court area and stated progress was being made on clean -up efforts cooperation from the railroad, AmeriCorps, Mayor's Youth involvement. 6. Mayor Hayek thanked Council Members Payne and Dobyns for their work with the School District facilities issues. Council Member Payne noted a community public meeting on June 5 at Hotel Vetro. 7. Council Members agreed to schedule council appointee evaluations for 4:00 PM on Tuesday, July 16. PENDING WORK SESSION TOPICS SIP # 51 None UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS None Meeting adjourned 6:30 PM. "M 1-13� Subject to change as finalized by the City Clerk. For a final official copy, contact the 4� a� (2 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 ACTIVITIES — 6/4/13 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 proclaimed Pride Month. Deb Tiemens and Sharon Beck accepted. 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 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 Iowa Arts Festival, 30 N. Dubuque St.(June 6 —10, 2013); Five -Day Class B Beer Permit for Iowa City Jazz Festival, 17 N. Clinton St. (July 4 - 8, 2013); Five -Day Class B Beer Permit for Iowa Soul Festival, 30 N. Dubuque St. (Sep. 12 - 16, 2013); Outdoor Service Area for Iowa Arts Festival, 30 N. Dubuque St.(June 6 — 10, 2013) Outdoor Service Area for Iowa City Jazz Festival, 17 N. Clinton St. (July 4 - 8, 2013); Outdoor Service Area for Iowa Soul Festival, 30 N. Dubuque St. (Sep. 12 - 16, 2013); Class C Liquor License for Eden Lounge, 217 Iowa Ave.; Class C Liquor License for 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 Sports Column, 12 S. Dubuque St.; Class E Liquor License for Smokin' Joe's Tobacco & Liquor Outlet #18, 1901 Broadway St.; Class C Liquor License for Shakespeare's, 819 S. First Ave.; Special Class C Liquor License for 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 Basta, 121 Iowa Ave.; Class C Beer Permit for Suburban Amoco, 370 Scott Court; Class C Liquor License for Colonial Lanes, 2253 Hwy 218 S.; Class C Beer Permit for Tobacco Outlet Plus #537, 923 S. Riverside Dr.; Class C Liquor License for Linn Street Cafe, 121 N. Linn St.; Class C Liquor License for Wig & Pen Pizza Pub, 1220 Hwy 6 W.; Outdoor Service Area Wig & Pen Pizza Pub, 1220 Hwy 6 W.; Class E Liquor License for CVS Pharmacy #8547, 2425 Muscatine Ave.; Class C Liquor License for Cactus Mexican Grill & Cantina, 245 S. Gilbert St.; Outdoor Service Area for Cactus Mexican Grill & Cantina, 245 S. Gilbert St.; Class C Beer Permit for El Paso the Mexican Store, 609 Hollywood Blvd.; Outdoor Service Area for Micky's Irish Pub, 11 S. Dubuque St.; Official Actions June 4, 2013 Page 2 Outdoor Service Area for XIE, 223 E. Washington St.; Outdoor Service Area for The Airliner, 22 S, Clinton St.; Outdoor Service Area for Java House, 211 '2 E. Washington St.; Outdoor Service Area for Heirloom Salad Company, 211 E. Washington St.; Outdoor Service Area for Motley Cow Cafe, 160 N. Linn St.; Outdoor Service Area for Blue Bird Diner, 330 E. Market St.; Class B Beer Permit for 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 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; Official Actions June 4, 2013 Page 3 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 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 Official Actions June 4, 2013 Page 4 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 and seconded 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). Jessie Allen, Allen Homes, appeared. Moved and seconded 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. 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). Moved and seconded 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 and seconded 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 (REZ12- 00032), be passed and adopted. The Mayor declared the ordinance adopted, 5/2. Moved and seconded 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. Moved and seconded 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. Official Actions June 4, 2013 Page 5 Moved and seconded 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. Moved and seconded 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 and seconded 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. 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 and seconded to defer consideration until June 18. The Mayor declared the motion to defer carried, 6/1. Motion to defer withdrawn. Moved and seconded 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 elimination of Sunday service and half price fares and present alternatives to Council prior to the elimination of such services on September 30, 2013. 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. 13-4535, 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 and seconded that the ordinance be finally adopted at this time. Moved and seconded 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 and seconded 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 Official Actions June 4, 2013 Page 6 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. Moved and seconded to accept correspondence from John Rutherford. Moved and seconded 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 and seconded 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. 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. Moved and seconded to adjourn 10:00 p.m. A more complete description of Council Activities and disbursements is on file in the office of the City Clerk and Finance Department. s /Matthew J. Hayek, Mayor s /Marian�� City ,Clergy Submitted for publication — 6/12/13. 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 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 CO127E 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&, Mayor Marian K. Karr, City Clerk