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HomeMy WebLinkAbout2013-12-03 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES DECEMBER 3, 2013 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayer Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. Staff members present: Markus, Fruin, Dilkes, Karr, Boothroy, Davidson, Bowers, Knoche, Bockenstedt, Fosse, Rackis, Moran, Andrew, Adhikari, Knoche. The Mayor presented Outstanding Student Citizenship Awards to Mark Twain Elementary students: Abele Atresso, Rebekah Murry, Maisha Sila. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Mims, seconded by Payne, that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: November 12 Council Work Session; November 12 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 Library Trustees — October 24; Citizens Police Review Board — November 6; Housing and Community Development Commission — October 17; Human Rights Commission — October 15; Planning and Zoning Commission — October 17 (formal). Permit Motions and Resolutions as Recommended by the City Clerk. (Renewal): Class C Liquor License for Blazin Wings, Inc., dba Buffalo Wild Wings Grill & Bar, 201 S. Clinton St.; Class C Liquor License for Pagliai Pizza, LLC., dba Pagliai's Pizza, 302 East Bloomington St.; Class B Native Wine Permit for Dykstra Nursery Corporation, dba Iowa City Landscaping & Garden Center, 520 Hwy. 1 West. (New): Special Class C Liquor License for The High Ground Cafe L.L.C., dba High Ground Cafe, 301 E. Market St.; Class B Native Wine Permit for Van Hook Custom Homes, LLC., dba Sweets and Treats, 201 S. Clinton St., Suite 181. Resolutions and Motions: RES. 13 -331, DETERMINING THE NECESSITY OF AND SETTING DATES OF A CONSULTATION (THURSDAY, DEC. 19, 2013) AND PUBLIC HEARING (TUESDAY, JAN. 21, 2014 ON A PROPOSED AMENDMENT NO. 1 TO THE HEINZ ROAD URBAN RENEWAL PLAN IN THE CITY OF IOWA CITY, IOWA; RES. 13 -332, ACCEPTING THE WORK FOR THE FY2013 CURB RAMP IMPROVEMENT PROJECT. Setting Public Hearings: RES. 13 -333, SETTING A PUBLIC HEARING FOR DECEMBER 17, 2013 TO CONSIDER A PROPOSAL TO CONVEY APPROXIMATELY .75 ACRES AT THE NORTHEAST CORNER OF THE INTERSECTION OF N. DODGE STREET AND PRAIRIE DU CHIEN ROAD TO HY- VEE, INC.; Set a public hearing for December 17 an ordinance conditionally rezoning approximately 2.5 acres of land located at 21 West Benton Street and 820 South Riverside Drive from Community Commercial (CC -2) Zone to Overlay Planned Development - Community Commercial (OPD -CC -2) Zone. (REZ13- 00022). Correspondence: Dennis Kowalski regarding Cross Walks [Staff response included]; Margaret Murray regarding Building Under Construction in Towncrest Area [Staff response included]' Deborah Tunwall regarding Move USPS to old Hartwig Dodge; Teresa Deatsch regarding City of Iowa City; Edie Pierce - Thomas regarding Complete Description December 3, 2013 Page 2 My candidacy for the Human Rights Commission [Staff response included]; Brian Fahey regarding Feasibility of Foot Bridge over Greenwood Drive Railroad Tracks [Staff response included]; Maureen McCormick regarding Downtown Issues [Council Member response included]; Greg Zimmerman regarding Airport Property [Staff response included]; Josh Goding, PATV Ex. Dir.; Beth Parker; Emily Ashenfelter regarding PATV Funding [Staff response included]; Human Rights Commission regarding Recommendation regarding strategic planning survey (previously distributed in 11/21 info packet); Albert Sackett regarding Hazardous Fence [Staff response included]; Harry Olmstead regarding Iowa City Ramp Inventory [Staff response included]; Cynthia Jewell regarding Paratransit Services /Speeding [Staff response included]; Michael O'Connell regarding Possible Interview; Morgan Wolaver, Association of United States Postal Lessors regarding Post Office. The following individuals appeared regarding the Gateway project: Paula Brandt, 67 White Oak Place and Lorie Schweer, 1471 Foster. Phil Hemingway, 415 Elm Ridge Ave., voiced support for item 9 on the agenda, FasTrac funding; voiced concerns regarding the preservation of neighborhood schools; and encouraged Council review of "fab lab" and "tech shop" programs at Sycamore Mall. Mary Gravitt, 2714 Wayne Ave., appeared regarding quality of life issues, retention of an Iowa City Post Office; location of New Pioneer at College and Gilbert; preservation of neighborhood schools; and ADA accessible restrooms on the second floor of the Library. A public hearing was held on a resolution annexing 44.85 acres of property located on South Sycamore Street, south of the current city limits (ANN 13-00002) (Iowa City School District). The Mayor asked the Council Members disclose any ex -parte communications and none were reported. PCD Dir. Davidson presented a power point. Individual Council Members expressed their views. Moved by Mims, seconded by Payne, to adopt RES. 13 -334, ANNEXING 44.85 ACRES OF PROPERTY LOCATED ON SOUTH SYCAMORE STREET, SOUTH OF THE CURRENT CITY LIMITS (ANN13- 00002) (Iowa City School District). Individual Council Members expressed their views. A public hearing was held on an ordinance rezoning 15.78 acres from County Residential (R) Zone to Neighborhood Public (P -1) Zone and 29.07 acres from County Residential (R) Zone to Interim Development Residential Single - Family (ID -RS) Zone for property located on the west side of Sycamore Street (REZ13- 00023) (Iowa City School District). The Mayor asked the Council Members disclose any ex -parte communications and none were reported. PCD Dir. Davidson presented a power point. Individual Council Members expressed their views. Moved by Payne, seconded by Dickens, that the ordinance rezoning 15.78 acres from County Residential (R) Zone to Neighborhood Public (P -1) Zone and 29.07 acres from County Residential (R) Zone to Interim Development Residential Single - Family (ID -RS) Zone for property located on the west side of Sycamore Street (REZ13- 00023) (Iowa City School District) , be given first vote. A public hearing was held on a resolution annexing 15.14 acres of property located on American Legion Road near the intersection with Barrington Road (ANN 13-00003). No one appeared. Moved by Payne, seconded by Dickens, to adopt RES. 13 -335, ANNEXING 15.14 ACRES OF PROPERTY LOCATED ON AMERICAN LEGION ROAD NEAR THE INTERSECTION WITH BARRINGTON ROAD (ANN13- 00003). Complete Description December 3, 2013 Page 3 A public hearing was held on an ordinance rezoning 15.14 acres of property located on American Legion Road near the intersection with Barrington Road from County Agriculture (A) Zone to Neighborhood Public (P -1) Zone (REZ13- 00025). No one appeared. Moved by Dobyns, seconded by Mims, that the ordinance rezoning 15.14 acres of property located on American Legion Road near the intersection with Barrington Road from County Agriculture (A) Zone to Neighborhood Public (P -1) Zone (REZ13- 00025). Individual Council Members expressed their views. The Mayor stated the applicant had withdrawn their application and no action would be taken on the public hearing and ordinance amending the Planned Development Overlay / High Density Single - Family (OPD /RS -12) Plan for Saddlebrook to allow 13 apartment buildings with 142 multi - family dwellings and 6 duplexes with 12 dwelling units on approximately 19.67 acres of land located south of Paddock Circle (REZ13- 00021). Moved by Throgmorton, seconded by Mims, to accept correspondence from Steve Gordon, Belle Kenoyer, Cindy Roberts (2), Bob Opplinger. Moved by Payne, seconded by Dobyns, that the ordinance rezoning 3.77 -acres from Interim Development Single Family (ID -RS) Zone to Planned Development Overlay — Low Density Single Family (OPD -5) Zone for Cardinal Ridge, Part 4, located on Camp Cardinal Road south of Kennedy Parkway (REZ- 00024/SUB13- 00018), be given second vote. The Mayor asked the Council Members disclose any ex -parte communications and none were reported. Moved by Dobyns, seconded by Payne, that ORD. 13 -4562, CONDITIONALLY REZONING 1.31 ACRES LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF MELROSE AVENUE AND WESTWINDS DRIVE FROM LOW DENSITY MULTI - FAMILY (RM -12) ZONE TO PLANNED DEVELOPMENT OVERLAY /LOW DENSITY MULTI - FAMILY (OPD -RM12) ZONE (REZ13-00019/SUB13- 00012), be passed and adopted. The Mayor asked the Council Members disclose any ex -parte communications and none were reported. Moved by Mims, seconded by Dickens, to adopt RES. 13 -336, APPROVING THE PRELIMINARY PLAT of WESTWINDS SECOND ADDITION, IOWA CITY, IOWA (SUB13- 00012). PCD Dir. Davidson presented a power point. Moved by Dobyns, seconded by Dickens, to adopt RES. 13 -337, APPROVING A PRELIMINARY PLAT OF LEXINGTON GREEN, IOWA CITY, IOWA (SUB13- 00022). PCD Dir. Davidson presented a power point. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the City Park Pool ADA Renovations 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 Payne, seconded by Mims, to adopt RES. 13 -338, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CITY PARK POOL ADA RENOVATIONS 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 Mims, seconded by Throgmorton, to adopt RES. 13 -339, ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN -UP OF PROPERTY, Complete Description December 3, 2013 Page 4 SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. City Clerk Karr noted that one property had been removed from the list. Moved by Mims, seconded by Champion, to adopt RES. 13 -340, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RESOLUTION REDUCING CURRENT STAFFING LEVELS IN THE IOWA CITY HOUSING AUTHORITY DIVISION OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT BY LAYOFF / SUSPENSION OF ONE FULL -TIME HOUSING PROGRAM ASSISTANT POSITION AND LAYOFF / SUSPENSION OF ONE HOUSING ASSISTANT POSITION. Terri Byers, Executive Vice President of AFSCME Local 183, appeared. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Mims, Payne, Champion, Dickens, Dobyns, Hayek. Nays: Throgmorton. Moved by Mims, seconded by Dickens, to adopt RES. 13 -341, ALLOCATING FUNDING FROM NOVEMBER 15, 2013 THROUGH JUNE 30, 2014 FOR THE FAS TRAC PROGRAM. Equity Dir. Bowers present for discussion. Executive Director Chad Simmons, Diversity Focus, appeared. A public hearing was held on an ordinance amending Title 3, entitled "Finances, Taxation & Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 6, "Stormwater Utility Fee" and amending Title 16 entitled "Public Works," Chapter 3, "City Utilities," Article G, "Storm Water Collection, Discharge and Runoff," Section 10(f)(3) to change the rate of the Stormwater Utility Fee. No one appeared. Moved by Dobyns, seconded by Dickens, that the ordinance amending Title 3, entitled "Finances, Taxation & Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 6, "Stormwater Utility Fee" and amending Title 16 entitled "Public Works," Chapter 3, "City Utilities," Article G, "Storm Water Collection, Discharge and Runoff," Section 10(f)(3) to change the rate of the Stormwater Utility Fee, be given first vote. Moved by Mims, 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 -4563, AMENDING TITLE 6, ENTITLED PUBLIC HEALTH AND SAFETY, CHAPTER 10, ENTITLED "SMOKE FREE PLACES," TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 5, ENTITLED "MISCELLANEOUS OFFENSES," AND TITLE 10, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 5, ENTITLED "CITY PLAZA," AND CHAPTER 9, ENTITLED "PARKS AND RECREATION REGULATIONS," TO MAKE CURRENT REGULATIONS ON CITY PLAZA APPLY TO BLACK HAWK MINI PARK, be voted on for final passage at this time. Moved by Mims, seconded by Dobyns, that the ordinance be finally adopted at this time. 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 -4564, AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 2, LIQUOR LICENSES AND BEER PERMITS, SECTION 2, PREMISES Complete Description December 3, 2013 Page 5 REQUIREMENTS, SUBSECTION B, TO MODIFY AND CLARIFY THE GROUND FLOOR REQUIREMENT. 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 Dickens, that the ordinance amending Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," to change the definition of Pedicab, be given first vote. The Mayor noted previously announced vacancies to Boards and Commissions: Airport Zoning Brd. of Adjustment for a five -year term January 1, 2009 - December 31, 2013 plus an additional five -year term January 1, 2014 — December 31, 2018; Airport Zoning Brd. of Adjustment for a five -year term January 1, 2012 - December 31, 2016. (New full term); Appeals, Board of — One vacancy to fill a five -year term January 1, 2014 - December 31, 2018; Appeals, Board of, for a Licensed Electrician, or a qualified trade representative (if after 3 months no professional applies or is appointed), to fill an Unexpired Term Effective upon Appointment — December 31, 2015; Historic Preservation Commission for a Jefferson St. representative to fill a three -year term, March 29, 2013 — March 29, 2016 (New District formed); Public Art Advisory Committee for a three year term January 1, 2014 — January 1, 2017; Senior Center Commission for an unexpired term effective upon appointment ending— December 31, 2016. Applications must be received by 5:00 p.m., Wednesday, December 11, 2013. Airport Commission for two vacancies to fill a four -year term March 1, 2014 — March 1, 2018; Historic Preservation Commission for the Longfellow District to fill three -year term, March 29, 2014 — March 29, 2017; Historic Preservation Commission for Two vacancies for At Large Representative to fill three -year term, March 29, 2014 — March 29, 2017; Public Art Advisory Committee for an unexpired term effective upon appointment — January 1, 2015; Telecommunications Commission for two vacancies to fill a three -year term, March 13, 2014 — March 13, 2017. Applications must be received by 5:00 p.m., Wednesday, December 18, 2013. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council Member Throgmorton noted that the City had scored very high on the "Municipalities Equality Index" which examines rates municipality laws, policies and services on the basis of their inclusivity of lesbian, gay, bisexual and transgender citizens; and thanked City staff for working with Mediacom to continue funding support through 2018. Mayor Hayek reminded people to please watch out for pedestrians and bicyclists especially in bad weather and night driving situations. Moved by Payne, seconded by Mims, to adjourn meeting 8:27 p.m. and resume work session. Matthew J. Haye ,Mayor 2e. 2(�L) Ma�ian K. Karr City Clerk I 3a(1) - s -..prr CITY OF IOWA CITY =1=,;1jUL- M --o"M EMORANDUM Date: November 28, 2013 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, November 12, 2013, 5:00 PM in Emma J. Harvat Hall Council: Champion, Dickens, Dobyns, Hayek, Mims, Throgmorton. Absent: Payne UISG: Bramel Staff: Markus, Fruin, Dilkes, Karr, Fosse, Davidson, Moran, Howard, Bockenstedt, O'Brien, Ralston, Andrew A transcription and power points are available in the City Clerk's Office and the City website. Mayor Hayek noted that Council Member Payne was out of town and would be participating electronically in the formal meeting later in the evening. QUESTIONS FROM COUNCIL REGARDING AGENDA ITEMS (Agenda item # 4d(11) — Certification of Urban Renewal Project; and Agenda item # 4d(12) — Urban Renewal Report ....) Individual Council Members shared concerned regarding the difficult in reading the reports as presented and suggested shorter summary memos, possibly presented as a work session item. Finance Dir. Bockenstedt explained the State forms were required annual reports, and that staff would produce a summary report in the future. 2. (Agenda item # 4e(2) — Annexation and rezoning on Sycamore Street for School District; and # 4e(3) — Annexation and rezoning on American Legion Road for School District) In response to Council, PCD Dir. Davidson responded to questions regarding the process and incorporating aspects of the Comprehensive Plan and South District Plan into development of the sites. City Manager Markus stated Council could consider modifications to the Plan as well. Council directed staff to summarize the South District Plan neighborhood guidance at the time of the hearing. 3. (Agenda item # 10 — rooftop patio exception ...) In response to Mayor Pro tem Mims, City Atty. Dilkes clarified that the section being amended currently includes an exception for restaurants, hotels, motels, private clubs and theaters and we're expanding the exception. 4. (Consent Calendar # 4f(2) ... Julie Myers letter re Floodplains Work to Prevent Flooding) Council Member Champion noted the letter on floodplains and stated it was well written and opened her eyes on a number of issues. 5. (Consent Calendar # 4f(12) ... Kelly Mayo letter re change in code ... pedicabs) City Clerk Karr responded to questions. Council directed staff to review the provision and report back on amending the present definition. Council Work Session November 12, 2013 Page 2 COUNCIL APPOINTMENTS r# 11 Board of Adjustment - reappoint Gene Chrischilles Historic Preservation Commission - Thomas Agran (Northside Rep.) Human Rights Commission — reappoint Orville Townsend, Sr. and Diane Finnerty Parks & Recreation Commission — reappoint Clayton "Clay" Claussen; appoint Larry Brown and Katherine Jones Senior Center — reappoint Jay Honohan DISCUSSION OF THE IOWA CITY MAIN POST OFFICE RELOCATION r # 4d(13),-4f(4)1 Parking & Transportation Dir. O'Brien present for discussion. After discussion a majority indicated support for passage of the proposed resolution. RIVERFRONT CROSSINGS FORM -BASED CODE PRESENTATION BY STAFF PCD Dir. Davidson and Planner Howard presented a power point about the concept of a form based Code for the Riverfront Crossings. ACTION: Schedule for Planning & Zoning review. (Davidson and Howard) INFORMATION PACKET DISCUSSION [October 17, 24. 31 and November 71 October 17 1. (IP2 — Iowa City named ... 100 Best Places to Live) Mayor Pro tern Mims stated she liked the article. 2. Mayor Hayek questioned when the City could expect to heat about the state franchise issue with Mediacom. City Manager Markus stated it would take some time to completely play out. October 24 1. (IP # 8 — Report 2013 Survey ...Iowa City / Johnson County Senior Center) Council Member Throgmorton stated he learned a lot form the survey results. 2. (IP5 - Article ... McCoy gives up on rail funds) Mayor Hayek noted the doom and gloom report on the passenger rail front. October 31 1. (IP4 — Library Open House) Mayor Pro tern Mims noted the event scheduled for November 14. November 7 1. (IP4 — Memo from City Clerk ... KXIC Radio Show) Council agreed to the following schedule: November 20 — Throgmorton November 27 — Dobyns December 4 — Mims December 11 — Hayek December 18 — Champion December 25 — Holiday 2. (IP6 — Memo form Budget Management Analyst ... 2013 Citizen Survey) Council Member Throgmorton noted the survey and his understanding it would be revisited during strategic plan discussion. Council Work Session November 12, 2013 Page 3 3. (IP7 — UISG Recycling .... Recycling services) Mayor Hayek sated he was glad to see the letter from UISG regarding multifamily recycling. UISG Rep. Brame[ updated Council on the campaign and discussion with Recycling Coordinator Jordan; and indicated his desire to add the item to a Council work session in December. AGENDA ITEMS (CONTINUED) 1. (Consent Calendar # 4d(2) — Legislative Priorities) Mayor Hayek stated he forgot to mention the request to nominate someone to the League of Cities Legislative Committee; and stated he had asked Mayor Pro tem Mims. The item will be added to the organization meeting appointment agenda on January 4t" COUNCIL TIME AND MEETING SCHEDULE (IP # 6 — Memo from City Clerk: KXIC Radio Show) Council Members agreed to the following schedule: October 16 — Mims October 23 — Mims October 30 — Dickens November 6 — Champion November 13 - Hayek 2. (IP # 7 — Memo from City Clerk: Proposed meeting schedule January- March) Council Members agreed with the schedule as presented. 3. Mayor Pro tem Mims noted the Library open house on November 14; and the showing of "Inequity for All" on the University of Iowa campus in MacBride Hall on November 19tH 4. Council Member Throgmorton noted the public open house scheduled for November 19 at the Sheraton on the downtown streetscape design improvements project; and reported on a meeting with Japanese visitors on November 11. 5. Mayor Hayek reported on his trip to China for the UNESCO Cities, Creative Cities network conference. PENDING WORK SESSION TOPICS rIP # 3 of 11/7 Info Packetl In response to UISG rep. Bramel, the City Manager summarized the pending list for the remaining two meeting in 2013; and Bramel requested that recycling be included. PW Dir. Fosse reported that a Fiberight discussion is also being anticipated during that time and staff was trying to coordinate recycling initiatives into the discussion. Mayor Hayek suggested staff schedule the discussion when information becomes available, and prior to Bramel departure. 2. Council Member Champion noted a good editorial about keeping Hoover Elementary open because of the neighborhood, and encouraged anyone interested in writing a letter to the School Board. The Mayor stated there may be a need for Council to revisit. UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS 1. UISG Bramel noted the "jingle Cross" event at the Johnson County Fairgrounds this week -end. Meeting adjourned 6:35 PM. MMM" 3a(2) Subject to change as finalized by the City Clerk. For a final official copy, contact the _ City Clerk's Office 356 -5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS — 11/12/13 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 (electronically), Throgmorton. Absent: None. The Mayor presented Student Citizenship Awards to Weber Elementary students: Abbie Callahan and Nikul Patel. The Mayor proclaimed National Native American Heritage Month, Human Rights Commissioner Joe Coulter accepting; Veterans Day — November 11, 2013; John F. Kennedy Remembrance Day — November 22, 2013, Larry Baker 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 presented: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: October 15 Council Work Session; October 15 Council Regular Formal Official & Complete; October 28 Joint Meeting / Council Work Session. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Airport Commission — September 19; Airport Commission — October 1; Board of Appeals — November 5, 2012; Board of Library Trustees — September 26; Citizens Police Review Board — October 7; Housing and Community Development Commission — September 19; Human Rights Commission — September 17; Parks and Recreation Commission — September 11; Planning and Zoning Commission — September 19 (work session); Planning and Zoning Commission — October 3 (formal); Senior Center Commission — September 19; Telecommunications Commission — September 23. Permit Motions and Resolutions as Recommended by the City Clerk. (Renewal): Class C Liquor License for Brix, 209 N. Linn St.; Class C Liquor License for The Club Car, 122 Wright St.; Class C Liquor License for JOBSITE, 928 Maiden Ln.; Class E Liquor License for Fareway Stores, Inc. #950, 2530 Westwinds Dr.; Class E Liquor License for Fareway Stores, Inc. #034, 2765 Commerce Dr.; Class E Liquor License for Wal -Mart Store #1721, 919 Hwy 1 West; Class C Beer Permit for Aldi, Inc. #67, 1534 Gilbert St. S.; Class E Liquor License for Kum & Go #52, 25 West Burlington St.; Class E Liquor License for Sauce, 108 E. College St.; Class E Liquor License for Iowa City Fast Break, 2580 Naples Ave.; Class C Liquor License for The Sanctuary Pub, 405 South Gilbert St.; Class B Liquor License for Clarion Highlander Hotel & Conference Center, 2525 North Dodge St.; RES. 13 -311, TO ISSUE DANCING PERMIT to Clarion Highlander Hotel & Conference Center, 2525 North Dodge St.; Class C Liquor License for Clinton Street Social Club, 18'2 South Clinton St.; Special Class C Liquor License for India; Cafe, 227 E. Washington St.; Class C Liquor License for Quinton's Bar and Deli, 215 E. Washington St.; (New) RES. 13 -311 b, TO ISSUE CIGARETTE PERMIT to Happy Daze, 361 E. College St. Resolutions and Motions: RES. 13 -312, ACCEPTING THE DEDICATION OF ADDITIONAL UNDERGROUND UTILITY EASEMENT AREAS AND RIGHT OF WAY Official Actions November 12, 2013 Page 2 TO THE CITY OF IOWA CITY AS PLATTED IN COUNTRY CLUB ESTATES FOURTH ADDITION, IOWA CITY, IOWA; RES. 13 -313, ESTABLISHING THE CITY OF IOWA CITY'S 2014 LEGISLATIVE PRIORITIES; RES. 13 -314, APPROVING SUBMITTAL OF AN APPLICATION TO THE IOWA FLOOD MITIGATION BOARD FOR $8,497,240 TO DEMOLISH THE NORTH WASTEWATER TREATMENT PLANT, CREATE A WETLAND AT THE SITE, STABILIZE STREAMBANKS, AND AUTHORIZING THE CITY MANAGER TO SIGN THE APPLICATION, GRANT AGREEMENT, AND AMENDMENTS; RES. 13 -315, APPROVING LOCAL MATCHING FUNDS TO THE IOWA FLOOD MITIGATION APPLICATION TO DEMOLISH THE NORTH WASTEWATER TREATMENT PLANT, CREATE A WETLAND AT THE SITE, AND TO STABILIZE STREAMBANKS; RES. 13 -316, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR MACKINAW VILLAGE — PART FIVE, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 13 -317, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR LINDEMANN SUBDIVISION — PART FOUR A, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 13 -318, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR LINDEMANN SUBDIVISION — PART FIVE, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 13 -319, ACCEPTING THE WORK FOR THE STORM SEWER, SANITARY SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR PENINSULA NEIGHBORHOOD, THIRD ADDITION, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 13 -320, ACCEPTING THE WORK FOR STORM SEWER, SANITARY SEWER, WATER MAIN, PAVING AND CERTAIN SIDEWALK PUBLIC IMPROVEMENTS FOR PENINSULA NEIGHBORHOOD, FOURTH ADDITION, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 13 -321, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND BARKER LEMAR ENGINEERING CONSULTANTS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY LANDFILL AND RECYCLING CENTER; RES. 13 -322, DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 FOR THE 2013 END OF YEAR CERTIFICATION OF URBAN RENEWAL PROJECTS; RES. 13 -323, APPROVING THE FISCAL YEAR ENDING 2013 ANNUAL URBAN RENEWAL AREA REPORT; RES. 13 -324, ENCOURAGING THE UNITED STATED POSTAL SERVICE TO CONSIDER ADDITIONAL SITE LOCATIONS FOR THEIR RETAIL CUSTOMER SERVICE OPERATIONS; RES. 13 -325, AUTHORIZING ASSIGNMENT OF LEASE WITH BRADFORD CHILD CARE SERVICES, INC. TO PHOENIX CHILDREN'S ACADEMY, INC. FOR APPLE TREE DAYCARE SPACE IN THE COURT STREET TRANSPORTATION CENTER. Setting Public Hearings: RES. 13 -326, SETTING A PUBLIC HEARING ON DECEMBER 3, 2013 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CITY PARK POOL ADA RENOVATIONS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE Official Actions November 12, 2013 Page 3 OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; Setting a public hearing for December 3 on a resolution to annex 44.85 acres of property located on South Sycamore Street, south of the current city limits and an ordinance rezoning 15.78 acres of said land from County Residential (R) Zone to Neighborhood Public (P -1) Zone and 29.07 acres of said land from County Residential (R) zone to Interim Development Residential Single - Family (ID -RS) Zone (ANN 1 3-00002/REZ1 3-00023); Setting a public hearing for December 3 on a resolution to annex 15.14 acres of property located on American Legion Road near the intersection with Barrington Road and an ordinance rezoning the property from county agriculture (A) Zone to Neighborhood Public (P -1) Zone (ANN13- 00003 /REZ13- 00025); RES. 13 -327, SETTING A PUBLIC HEARING ON DECEMBER 3, 2013, ON AN ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 6, " STORMWATER UTILITY FEE" AND AMENDING TITLE 16 ENTITLED "PUBLIC WORKS," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," SECTION 10(F)(3) TO CHANGE THE RATE OF THE STORMWATER UTILITY FEE. Correspondence: Jerry Bokassa regarding Class Action Law Suit for Twenty Million Dollars for Each Injure(d) Party; Julie Myers regarding Floodplains Work to Prevent Flooding; Janice Horak, Iowa City Community String Orchestra regarding Thank you for community event funding; Barb Bland; Mel Sunshine; Jean Hood; Jim Surratt; Randall Jones; Greg Schmidt; Linda Schreiber; Jean Robinson; William Downing; Diane Demers; Jim Walters; Holly Hart; Sonia Ettinger; Nancy Smith regarding Post Office Relocation [See agenda item # 4d(12)]; John Macatee regarding Request that all forums for City council candidates be posted on the City of Iowa City website [Staff response included]; Renee Sueppel regarding Evolving a City (from NPR's On Being); Robert Givens, Hawkeye Chapter ACLU -Iowa regarding Distinction between "eligible" and "qualified" electors in City Charter; Laura Aschenbrenner regarding Connection of Buckingham and Cumberland Lane (Windsor West, Part 3); Carol deProsse regarding Yard Waste Pickup [Staff response included]; Ryan Jay regarding Group [Staff response included]; Kelly Mayo regarding Proposal for use of County Home Property Iowa City Iowa; Kelly Mayo regarding Wording Change in Code governing Pedal Taxis ... Please [Staff response included]; Michael Tilley regarding As Hoover Goes, So Goes Central Iowa City; John Macatee regarding Question re difficulty sending an email to City of Iowa City administrators and Council members; email re banning plastic bags and styrofoam containers [Staff response included]; Leah Cohen, Bo -James regarding Water Main Break August 9th ; Acting Traffic Engineering Planner regarding Install YIELD signs at both the north and south intersections of Eagle Place and Camp Cardinal Road; Traffic Engineering Planner regarding Installation of NO PARKING ANY TIME signs on the east side of Heinz Road, south of Paddock Boulevard; Traffic Engineering Planner: Removal of two parking meters and installation of a NO PARKING CORNER TO HERE sign on the southeast corner of the intersection of Madison Street and Prentiss Street; Removal of two parking meters and installation of a BUS STOP on the southwest corner of the intersection of Prentiss Street and Capitol Street. The following individual appeared regarding the National Citizens Survey Results: Susan Murty, 1907 F St.; Diane Finnerty, 728 Dearborn St.; and Charlie Eastham, 37 Official Actions November 12, 2013 Page 4 Colwyn Ct. Mary Gravitt, 2714 Wayne Ave., appeared regarding quality of life issues including a bus shelter at the new Aldi's Store; concerns that 21 ordinance drives underage individuals to unsupervised house parties; safety issues with cars going down Clinton & Madison Streets; and an alleged daytime attach and no warnings issued. Nancy Bird, Ex. Dir. IC Downtown District, thanked Council for their support over the past year, and stated the District's concerns with retaining a post office presence in the downtown area. Royceann Porter, 136 Appanoose Ct., congratulated Council Member Dickens on his re- election, and reinforced the need for affordable housing. A public hearing was held on an ordinance rezoning 3.77 -acres from Interim Development Single Family (ID -RS) Zone to Planned Development Overlay — Low Density Single Family (OPD -5) Zone located on Camp Cardinal Road south of Kennedy Parkway (REZ- 00024/SUB13- 00018). Southgate Development Representative Glenn Siders present for discussion. Moved and seconded that the ordinance rezoning 3.77 -acres from Interim Development Single Family (ID -RS) Zone to Planned Development Overlay — Low Density Single Family (OPD -5) Zone for Cardinal Ridge Part 4, located on Camp Cardinal Road south of Kennedy Parkway (REZ- 00024/SUB13- 00018), be given first vote. A public hearing was held on an ordinance amending the Planned Development Overlay / High Density Single - Family (OPD /RS -12) Plan for Saddlebrook to allow 13 apartment buildings with 142 multi - family dwellings and 6 duplexes with 12 dwelling units on approximately 19.67 acres of land located south of Paddock Circle (REZ13- 00021). Moved and seconded to continue the public hearing and defer ordinance, amending the Planned Development Overlay / High Density Single - Family (OPD /RS -12) Plan for Saddlebrook to allow 13 apartment buildings with 142 multi - family dwellings and 6 duplexes with 12 dwelling units on approximately 19.67 acres of land located south of Paddock Circle (REZ13- 00021) to December 3. Correspondence from Belle Kenoyer, Cindy Roberts (x2), Bob Oppliger, Megan Schwalm, Petition signed by 94 residents of Paddock at Saddlebrook received. Moved and seconded that the ordinance conditionally rezoning 1.31 acres located at the southwest corner of the intersection of Melrose Avenue and Westwinds Drive from Low Density Multi - Family (RM -12) Zone to Planned Development Overlay /Low Density Multi - Family (OPD -RM12) Zone (REZ13- 00019/SUB13- 00012), be given second vote. Moved and seconded to adopt RES. 13 -328, APPROVING FINAL PLAT OF WALDEN WOOD PART 10, IOWA CITY, IOWA (SUB13- 00017). A public hearing was held on a resolution approving a purchase agreement between the City of Iowa City, as seller, and Hieronymus Square Associates, L.L.C. as buyer for the sale of certain property located on Block 102, Original Town and within the City - University Project I Urban Renewal Area. City Atty. Dilkes requested the resolution be amended to provide the City Manager the authority to extend the contract to address contingencies for 90 days without Council approval. Moved and seconded to adopt RES. 13 -329, APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY, AS SELLER, AND HIERONYMUS SQUARE ASSOCIATES, L.L.C., AS BUYER, FOR THE SALE OF CERTAIN PROPERTY LOCATED ON BLOCK 102, ORIGINAL TOWN AND WITHIN THE CITY - UNIVERSITY PROJECT I URBAN RENEWAL AREA, as amended. Moved and seconded to adopt RES. 13 -330, TO APPROVE CONVERTING GOVERNOR STREET (BETWEEN BURLINGTON STREET AND BOWERY STREET) Official Actions November 12, 2013 Page 5 FROM A ONE -WAY TO TWO -WAY STREET AND TO REQUEST PERMISSION FROM THE IOWA DOT TO MAKE NECESSARY SIGN /SIGNAL CHANGES WITHIN DOT RIGHT -OF -WAY TO ACCOMMODATE THE CONVERSION. Moved and seconded that the ordinance amending Title 6, entitled Public Health and Safety, Chapter 10, entitled "Smoke Free Places," Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," and Title 10, entitled "Public Ways and Property," Chapter 5, entitled "City Plaza," and Chapter 9, entitled "Parks and Recreation Regulations," to make current regulations on city plaza apply to Black Hawk Mini Park, be given first vote. Moved and seconded that the ordinance amending Title 4, Alcoholic Beverages, Chapter 2, Liquor Licenses and Beer Permits, Section 2, Premises Requirements, Subsection B, to modify and clarify the ground floor requirement, be given first vote. Moved and seconded to make the following appointments to Boards and Commissions: reappoint Gene Chrischilles, 1020 Deerfield Drive, to the Board of Adjustment for a five -year term January 1, 2014 - January 1, 2019; appoint Tom Agran, 514 N. Van Buren Street, to the Historic Preservation Commission as the Northside District representative, for an unexpired term, effective upon appointment, ending March 29, 2014; reappoint Clayton "Clay" Claussen, 2145 Palmer Circle, appoint Larry Brown, 956 Scott Park Drive, and Katherine Jones, 714 E. Davenport, to the Parks and Recreation Commission for three vacancies to fill four -year terms January 1, 2014 - January 1, 2018; reappoint Jay Honrahan, 1510 Somerset Lane, to the Senior Center Commission for a three -year term January 1, 2014 - December 31, 2016. Moved and seconded to reappoint Orville Townsend, Sr., 713 Whiting Avenue, and appoint Ali Ahmed, 2401 Bartelt Road, Apt. 1A, to the Human Rights Commission for two vacancies to fill three -year terms January 1, 2014 - January 1, 2017. The Mayor declared the motion carried, 4/3, with the following division of voice vote: ayes: Dobyns, Hayek, Mims, Payne. Nays: Champion, Dickens, Throgmorton. The Mayor noted no applications were received or gender balance requirement met for the following Boards and Commissions and all will be readvertised: Airport Zoning Brd of Adjustment for a five -year term January 1, 2012 - December 31, 2016. (New full term); Airport Zoning Brd of Adjustment for a five -year term January 1, 2009 - December 31, 2013 plus an additional five -year term January 1, 2014 - December 31, 2018; Appeals, Board of for a five -year term January 1, 2014 - December 31, 2018; Appeals, Board of for a Licensed Electrician, or a qualified trade representative (if after 3 months no professional applies or is appointed), to fill an Unexpired Term Effective upon Appointment - 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); Public Art Advisory Committee for a three -year term January 1, 2014 - January 1, 2017; Senior Center Commission for an unexpired term plus a three - year term effective upon appointment, ending December 31, 2016. The Mayor noted the current vacancies to Boards and Commissions: Airport Commission for two vacancies to fill a four -year term March 1, 2014 - March 1, 2018; Historic Preservation Commission for Longfellow District to fill three -year term, March 29, 2014 - March 29, 2017; Historic Preservation Commission for two vacancies, for At Large representatives to fill three -year term, March 29, 2014 - March 29, 2017; Public Art Advisory Committee for an unexpired term effective upon appointment - January 1, 2015; Telecommunications Commission for two vacancies to fill a three -year term, Official Actions November 12, 2013 Page 6 March 13, 2014 — March 13, 2017. Moved and seconded to accept correspondence from Mandy Vink- Renaud. Moved and seconded to adjourn meeting 8:05 p.m. A more complete description of Council Activities is on file in the office of the City Clerk. s /Matthew J. Hayek, Mayor s /Marian K. Karr, City Clerk Submi�tti�focation — 11/20/13. 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 NOVEMBER 12, 2013 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 (electronically), Throgmorton. Absent: None. Staff members present: Markus, Fruin, Dilkes, Karr, Davidson, O'Brien, Andrew, Fosse, Moran, Bockenstedt. The Mayor presented Student Citizenship Awards to Weber Elementary students: Abbie Callahan and Nikul Patel. The Mayor proclaimed National Native American Heritage Month, Human Rights Commissioner Joe Coulter accepting; Veterans Day — November 11, 2013; John F. Kennedy Remembrance Day — November 22, 2013, Larry Baker accepting. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Champion, seconded by Mims, that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as presented: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: October 15 Council Work Session; October 15 Council Regular Formal Official & Complete; October 28 Joint Meeting / Council Work Session. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Airport Commission — September 19; Airport Commission — October 1; Board of Appeals — November 5, 2012; Board of Library Trustees — September 26; Citizens Police Review Board — October 7; Housing and Community Development Commission — September 19; Human Rights Commission — September 17; Parks and Recreation Commission — September 11; Planning and Zoning Commission — September 19 (work session); Planning and Zoning Commission — October 3 (formal); Senior Center Commission — September 19; Telecommunications Commission — September 23. Permit Motions and Resolutions as Recommended by the City Clerk. (Renewal): Class C Liquor License for Brixco., LLC., dba Brix, 209 N. Linn St.; Class C Liquor License for Suzster, Inc., dba The Club Car, 122 Wright St.; Class C Liquor License for JOBSITE, LLC., dba JOBSITE, 928 Maiden Ln.; Class E Liquor License for Fareway Stores, Inc., dba Fareway Stores, Inc. #950, 2530 Westwinds Dr.; Class E Liquor License for Fareway Stores, Inc., dba Fareway Stores, Inc. #034, 2765 Commerce Dr.; Class E Liquor License for Wal -Mart Stores, Inc., dba Wal -Mart Store #1721, 919 Hwy 1 West; Class C Beer Permit for Aldi, Inc., dba Aldi, Inc. #67, 1534 Gilbert St. S.; Class E Liquor License for Kum & Go LC., dba Kum & Go #52, 25 West Burlington St.; Class E Liquor License for Caylor Development LLC., dba Sauce, 108 E. College St.; Class E Liquor License for Reif Oil Company, dba Iowa City Fast Break, 2580 Naples Ave.; Class C Liquor License for Inc., Limited, dba The Sanctuary Pub, 405 South Gilbert St.; Class B Liquor License for POSH HOTEL LLC, dba Clarion Highlander Hotel & Conference Center, 2525 North Dodge St.; RES. 13 -311, TO ISSUE DANCING PERMIT to POSH HOTEL LLC, dba Clarion Highlander Hotel & Conference Center, 2525 North Dodge St.; Class C Liquor License for Perries, L.L.C., dba Clinton Street Social Club, 18'2 South Clinton St.; Special Class C Liquor License for India Cafe Corporation, dba India; Cafe, 227 E. Washington St.; Class C Liquor License for Lusati, Inc., dba Quinton's Bar and Deli, Complete Description November 12, 2013 Page 2 215 E. Washington St.; (New) RES. 13 -311b, TO ISSUE CIGARETTE PERMIT to Dawn Schatz, dba Happy Daze, 361 E. College St. Resolutions and Motions: RES. 13 -312, ACCEPTING THE DEDICATION OF ADDITIONAL UNDERGROUND UTILITY EASEMENT AREAS AND RIGHT OF WAY TO THE CITY OF IOWA CITY AS PLATTED IN COUNTRY CLUB ESTATES FOURTH ADDITION, IOWA CITY, IOWA; RES. 13 -313, ESTABLISHING THE CITY OF IOWA CITY'S 2014 LEGISLATIVE PRIORITIES; RES. 13 -314, APPROVING SUBMITTAL OF AN APPLICATION TO THE IOWA FLOOD MITIGATION BOARD FOR $8,497,240 TO DEMOLISH THE NORTH WASTEWATER TREATMENT PLANT, CREATE A WETLAND AT THE SITE, STABILIZE STREAMBANKS, AND AUTHORIZING THE CITY MANAGER TO SIGN THE APPLICATION, GRANT AGREEMENT, AND AMENDMENTS; RES. 13 -315, APPROVING LOCAL MATCHING FUNDS TO THE IOWA FLOOD MITIGATION APPLICATION TO DEMOLISH THE NORTH WASTEWATER TREATMENT PLANT, CREATE A WETLAND AT THE SITE, AND TO STABILIZE STREAMBANKS; RES. 13 -316, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR MACKINAW VILLAGE — PART FIVE, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 13 -317, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR LINDEMANN SUBDIVISION — PART FOUR A, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 13 -318, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR LINDEMANN SUBDIVISION — PART FIVE, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 13 -319, ACCEPTING THE WORK FOR THE STORM SEWER, SANITARY SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR PENINSULA NEIGHBORHOOD, THIRD ADDITION, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 13 -320, ACCEPTING THE WORK FOR STORM SEWER, SANITARY SEWER, WATER MAIN, PAVING AND CERTAIN SIDEWALK PUBLIC IMPROVEMENTS FOR PENINSULA NEIGHBORHOOD, FOURTH ADDITION, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 13 -321, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND BARKER LEMAR ENGINEERING CONSULTANTS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY LANDFILL AND RECYCLING CENTER; RES. 13 -322, DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 FOR THE 2013 END OF YEAR CERTIFICATION OF URBAN RENEWAL PROJECTS; RES. 13 -323, APPROVING THE FISCAL YEAR ENDING 2013 ANNUAL URBAN RENEWAL AREA REPORT; RES. 13 -324, ENCOURAGING THE UNITED STATED POSTAL SERVICE TO CONSIDER ADDITIONAL SITE LOCATIONS FOR THEIR RETAIL CUSTOMER SERVICE OPERATIONS; RES. 13 -325, AUTHORIZING ASSIGNMENT OF LEASE WITH BRADFORD CHILD CARE SERVICES, INC. TO PHOENIX CHILDREN'S ACADEMY, INC. FOR APPLE TREE DAYCARE SPACE IN THE COURT STREET TRANSPORTATION CENTER. Complete Description November 12, 2013 Page 3 Setting Public Hearings: RES. 13 -326, SETTING A PUBLIC HEARING ON DECEMBER 3, 2013 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CITY PARK POOL ADA RENOVATIONS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; Setting a public hearing for December 3 on a resolution to annex 44.85 acres of property located on South Sycamore Street, south of the current city limits and an ordinance rezoning 15.78 acres of said land from County Residential (R) Zone to Neighborhood Public (P -1) Zone and 29.07 acres of said land from County Residential (R) zone to Interim Development Residential Single - Family (ID -RS) Zone (ANN13- 00002 /REZ13- 00023); Setting a public hearing for December 3 on a resolution to annex 15.14 acres of property located on American Legion Road near the intersection with Barrington Road and an ordinance rezoning the property from county agriculture (A) Zone to Neighborhood Public (P -1) Zone (ANN13- 00003 /REZ13- 00025); RES. 13 -327, SETTING A PUBLIC HEARING ON DECEMBER 3, 2013, ON AN ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 6, " STORMWATER UTILITY FEE" AND AMENDING TITLE 16 ENTITLED "PUBLIC WORKS," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," SECTION 10(F)(3) TO CHANGE THE RATE OF THE STORMWATER UTILITY FEE. Correspondence: Jerry Bokassa regarding Class Action Law Suit for Twenty Million Dollars for Each Injure(d) Party; Julie Myers regarding Floodplains Work to Prevent Flooding; Janice Horak, Iowa City Community String Orchestra regarding Thank you for community event funding; Barb Bland; Mel Sunshine; Jean Hood; Jim Surratt; Randall Jones; Greg Schmidt; Linda Schreiber; Jean Robinson; William Downing; Diane Demers; Jim Walters; Holly Hart; Sonia Ettinger; Nancy Smith regarding Post Office Relocation [See agenda item # 4d(12)]; John Macatee regarding Request that all forums for City council candidates be posted on the City of Iowa City website [Staff response included]; Renee Sueppel regarding Evolving a City (from NPR's On Being); Robert Givens, Hawkeye Chapter ACLU -Iowa regarding Distinction between "eligible" and "qualified" electors in City Charter; Laura Aschenbrenner regarding Connection of Buckingham and Cumberland Lane (Windsor West, Part 3); Carol deProsse regarding Yard Waste Pickup [Staff response included]; Ryan Jay regarding Group [Staff response included]; Kelly Mayo regarding Proposal for use of County Home Property Iowa City Iowa; Kelly Mayo regarding Wording Change in Code governing Pedal Taxis ... Please [Staff response included]; Michael Tilley regarding As Hoover Goes, So Goes Central Iowa City; John Macatee regarding Question re difficulty sending an email to City of Iowa City administrators and Council members; email re banning plastic bags and styrofoam containers [Staff response included]; Leah Cohen, Bo -James regarding Water Main Break August 9th ; Acting Traffic Engineering Planner regarding Install YIELD signs at both the north and south intersections of Eagle Place and Camp Cardinal Road; Traffic Engineering Planner regarding Installation of NO PARKING ANY TIME signs on the east side of Heinz Road, south of Paddock Boulevard; Traffic Engineering Planner: Removal of two parking meters and installation of a NO PARKING CORNER TO HERE sign on the southeast corner of the intersection of Madison Street and Prentiss Street; Removal Complete Description November 12, 2013 Page 4 of two parking meters and installation of a BUS STOP on the southwest corner of the intersection of Prentiss Street and Capitol Street. The following individual appeared regarding the National Citizens Survey Results: Susan Murty, 1907 F St.; Diane Finnerty, 728 Dearborn St.; and Charlie Eastham, 37 Colwyn Ct. Mary Gravitt, 2714 Wayne Ave., appeared regarding quality of life issues including a bus shelter at the new Aldi's Store; concerns that 21 ordinance drives underage individuals to unsupervised house parties; safety issues with cars going down Clinton & Madison Streets; and an alleged daytime attach and no warnings issued. Nancy Bird, Ex. Dir. IC Downtown District, thanked Council for their support over the past year, and stated the District's concerns with retaining a post office presence in the downtown area. Royceann Porter, 136 Appanoose Ct., congratulated Council Member Dickens on his re- election, and reinforced the need for affordable housing. A public hearing was held on an ordinance rezoning 3.77 -acres from Interim Development Single Family (ID -RS) Zone to Planned Development Overlay — Low Density Single Family (OPD -5) Zone located on Camp Cardinal Road south of Kennedy Parkway (REZ- 00024/SUB13- 00018). The Mayor requested Council Members disclose any ex parte communications, and none were reported. PCD Dir. Davidson presented a power point. Southgate Development Representative Glenn Siders present for discussion. Moved by Dobyns, seconded by Dickens, that the ordinance rezoning 3.77 -acres from Interim Development Single Family (ID -RS) Zone to Planned Development Overlay — Low Density Single Family (OPD -5) Zone for Cardinal Ridge Part 4, located on Camp Cardinal Road south of Kennedy Parkway (REZ- 00024/SUB13- 00018), be given first vote. A public hearing was held on an ordinance amending the Planned Development Overlay / High Density Single - Family (OPD /RS -12) Plan for Saddlebrook to allow 13 apartment buildings with 142 multi - family dwellings and 6 duplexes with 12 dwelling units on approximately 19.67 acres of land located south of Paddock Circle (REZ13- 00021). Moved by Throgmorton, seconded by Dickens, to continue the public hearing and defer ordinance, amending the Planned Development Overlay / High Density Single - Family (OPD /RS -12) Plan for Saddlebrook to allow 13 apartment buildings with 142 multi - family dwellings and 6 duplexes with 12 dwelling units on approximately 19.67 acres of land located south of Paddock Circle (REZ1 3-0002 1) to December 3. Correspondence from Belle Kenoyer, Cindy Roberts (x2), Bob Oppliger, Megan Schwalm, Petition signed by 94 residents of Paddock at Saddlebrook received. Moved by Mims, seconded by Dobyns, that the ordinance conditionally rezoning 1.31 acres located at the southwest corner of the intersection of Melrose Avenue and Westwinds Drive from Low Density Multi - Family (RM -12) Zone to Planned Development Overlay /Low Density Multi - Family (OPD -RM12) Zone (REZ13- 00019/SUB13- 00012), be given second vote. The Mayor requested Council Members disclose any ex parte communications, and none were reported. Moved by Champion, seconded by Dobyns, to adopt RES. 13 -328, APPROVING FINAL PLAT OF WALDEN WOOD PART 10, IOWA CITY, IOWA (SUB13- 00017). PCD Dir. Davidson presented a power point. A public hearing was held on a resolution approving a purchase agreement between the City of Iowa City, as seller, and Hieronymus Square Associates, L.L.C. as buyer for the sale of certain property located on Block 102, Original Town and within the City - University Project I Urban Renewal Area. PCD Dir. Davidson present for discussion. Complete Description November 12, 2013 Page 5 City Atty. Dilkes requested the resolution be amended to provide the City Manager the authority to extend the contract to address contingencies for 90 days without Council approval. Moved by Mims, seconded by Dickens, to adopt RES. 13 -329, APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY, AS SELLER, AND HIERONYMUS SQUARE ASSOCIATES, L.L.C., AS BUYER, FOR THE SALE OF CERTAIN PROPERTY LOCATED ON BLOCK 102, ORIGINAL TOWN AND WITHIN THE CITY - UNIVERSITY PROJECT I URBAN RENEWAL AREA, as amended. Moved by Mims, seconded by Dickens, to adopt RES. 13 -330, TO APPROVE CONVERTING GOVERNOR STREET (BETWEEN BURLINGTON STREET AND BOWERY STREET) FROM A ONE -WAY TO TWO -WAY STREET AND TO REQUEST PERMISSION FROM THE IOWA DOT TO MAKE NECESSARY SIGN /SIGNAL CHANGES WITHIN DOT RIGHT -OF -WAY TO ACCOMMODATE THE CONVERSION. Individual Council Members expressed their views. PCD Dir. Davidson present for discussion. Moved by Champion, seconded by Dobyns, that the ordinance amending Title 6, entitled Public Health and Safety, Chapter 10, entitled "Smoke Free Places," Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," and Title 10, entitled "Public Ways and Property," Chapter 5, entitled "City Plaza," and Chapter 9, entitled "Parks and Recreation Regulations," to make current regulations on city plaza apply to Black Hawk Mini Park, be given first vote. Individual Council Members expressed their views. Moved by Mims, seconded by Dickens, that the ordinance amending Title 4, Alcoholic Beverages, Chapter 2, Liquor Licenses and Beer Permits, Section 2, Premises Requirements, Subsection B, to modify and clarify the ground floor requirement, be given first vote. Moved by Mims, seconded by Dickens, to make the following appointments to Boards and Commissions: reappoint Gene Chrischilles, 1020 Deerfield Drive, to the Board of Adjustment for a five -year term January 1, 2014 - January 1, 2019; appoint Tom Agran, 514 N. Van Buren Street, to the Historic Preservation Commission as the Northside District representative, for an unexpired term, effective upon appointment, ending March 29, 2014; reappoint Clayton "Clay" Claussen, 2145 Palmer Circle, appoint Larry Brown, 956 Scott Park Drive, and Katherine Jones, 714 E. Davenport, to the Parks and Recreation Commission for three vacancies to fill four -year terms January 1, 2014 - January 1, 2018; reappoint Jay Honrahan, 1510 Somerset Lane, to the Senior Center Commission for a three -year term January 1, 2014 - December 31, 2016. Moved by Dobyns, seconded by Mims, to reappoint Orville Townsend, Sr., 713 Whiting Avenue, and appoint Ali Ahmed, 2401 Bartelt Road, Apt. 1A, to the Human Rights Commission for two vacancies to fill three -year terms January 1, 2014 - January 1, 2017. Individual Council Members expressed their views. The Mayor declared the motion carried, 4/3, with the following division of voice vote: ayes: Dobyns, Hayek, Mims, Payne. Nays: Champion, Dickens, Throgmorton. The Mayor noted no applications were received or gender balance requirement met for the following Boards and Commissions and all will be readvertised: Airport Zoning Brd of Adjustment for a five -year term January 1, 2012 - December 31, 2016. (New full term); Airport Zoning Brd of Adjustment for a five -year term January 1, 2009 - December 31, 2013 plus an additional five -year term January 1, 2014 - December 31, 2018; Appeals, Board of for a five -year term January 1, 2014 - December 31, 2018; Complete Description November 12, 2013 Page 6 Appeals, Board of for a Licensed Electrician, or a qualified trade representative (if after 3 months no professional applies or is appointed), to fill an Unexpired Term Effective upon Appointment — 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); Public Art Advisory Committee for a three -year term January 1, 2014 — January 1, 2017; Senior Center Commission for an unexpired term plus a three - year term effective upon appointment, ending December 31, 2016. The Mayor noted the current vacancies to Boards and Commissions: Airport Commission for two vacancies to fill a four -year term March 1, 2014 — March 1, 2018; Historic Preservation Commission for Longfellow District to fill three -year term, March 29, 2014 — March 29, 2017; Historic Preservation Commission for two vacancies, for At Large representatives to fill three -year term, March 29, 2014 — March 29, 2017; Public Art Advisory Committee for an unexpired term effective upon appointment — January 1, 2015; Telecommunications Commission for two vacancies to fill a three -year term, March 13, 2014 — March 13, 2017. Moved by Mims, seconded by Champion, to accept correspondence from Mandy Vink- Renaud. Council Member Throgmorton noted the public open house scheduled for November 19 at the Sheraton on the downtown streetscape design improvements project; and reported on a meeting with Japanese visitors on November 11. Council Member Champion noted the employee luncheon planned for November 22 at Trueblood Lodge. Mayor Pro tem Mims noted the Library open house on November 14; and the showing of "Inequity for All" on the University of Iowa campus in MacBride Hall on November 19tH Council Member Dickens thanked Royceann Porter for her kind words during public comment, and thanked Rockne Cole, Catherine Champion, and Kingsley Botchway for running great campaigns, and citizens for voting in the general election. Mayor Hayek thanked the community for the "21" election outcome; and announced the University of Iowa International Programs and City of Iowa City were hosting an event to celebrate international diversity. Moved by Mims, seconded by Dickens, to adjourn meeting 8:05 p.m. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk