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HomeMy WebLinkAbout2014-01-07 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 JANUARY 7, 2014 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Botchway, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. Staff Members present: Markus, Fruin, Dilkes, Karr, Fosse, Davidson, Clark, Andrew. The Mayor presented Outstanding Student Citizenship Awards to Lincoln Elementary students: Esti Brady, Matt Taylor. 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 presented: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: December 17 Special Formal Official & Complete; December 17 Work Session; December 17 Regular 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 - November 21; Housing and Community Development Commission — November 21; Human Rights Commission — October 15 (revised); Human Rights Commission — November 19; Senior Center Commission — October 24; Telecommunications Commission — October 28. Permit Motions and Resolutions as Recommended by the City Clerk. Class C Beer Permit for The Convenience Store, LLC., dba The Convenience Store, 106 S. Linn St.; Class C Liquor License for Samco of Iowa City, Inc., dba Joe's Place, 115 Iowa Ave.; Outdoor Service Area for Samco of Iowa City, Inc., dba Joe's Place, 115 Iowa Ave.; Class C Liquor License for 2 -Tone, Inc. dba Bluebird Diner, 330 E. Market St.; Class C Liquor License for Motif, Ltd., dba Bo- James, 118 E. Washington St.; Class C Liquor License for Pub on Clinton St., dba Pints, 118 S. Clinton St. Permanent Transfer: Class C Beer Permit for Aldi, Inc., dba Aldi, Inc. #67, 1534 Gilbert St. S, to 760 Ruppert Rd. Resolutions and Motions: RES. 14 -3, AWARDING CONTRACT to Condor, Inc. for $529,000.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE CITY PARK POOL ADA RENOVATIONS PROJECT; RES. 14 -4, ACCEPTING THE WORK FOR THE FY 2014 ASPHALT RESURFACING PROJECT; RES. 14 -5, ACCEPTING THE WORK FOR THE STORM SEWER, SANITARY SEWER, TILE LINE, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR ROCHESTER RIDGE - PART FOUR, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC USE; RES. 14 -6, DESIGNATING THE ROUTE OF HISTORIC US 6 AND AUTHORIZING SIGNAGE TO BE INSTALLED WITHIN THE IOWA CITY CITY LIMITS. Setting Public Hearings: set a public hearing for January 21 on an ordinance amending Title 15: Land Subdivisions, removing maximum distance requirements for the placement of clustered mailboxes in new subdivisions and adding guidelines to ensure appropriate placement of large concentrations of mailboxes; RES. 14 -7, SETTING A PUBLIC HEARING ON JANUARY 21, 2014 ON PLANS, Complete Description January 7, 2014 Page 2 SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE 2014 SEWER REHABILITATION 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: Joseph Jason regarding Petition — Asperger Syndrome must end; Sara Barron regarding From Big Brothers Big Sisters — Our year -end progress report; Charles Eastham regarding Thank you for supporting FasTrac; Jannette Taylor regarding United Action for Youth and Community Partners — Find Your Voices Project; Bob Thompson regarding Iowa City "Citizens Survey" [Council Member and staff response included]; Mike Carberry; Palmer Holden; Caroline Dieterle regarding Fiberright contract; Corey Wilson; Paula Brandt; Amy Pretorius regarding Foster Road Egress / Peninsula access; H. Ernest Lund regarding Sidewalk extension along Mormon Trek Blvd [Staff response included]; Jerry Bokassa regarding Housing and Urban Dev. Class Action Suit; Bob Oppliger regarding Walking Friendly Community Designation; Acting Traffic Engineering Planner regarding Prohibit parking near alley entrance on east side of 10 -block of Valley Avenue. Roger Knight, Jr. appeared regarding snow removal and ice build -up where the sidewalk and street meet; sidewalk repairs; and affordable rents for low income residents. Mayor Hayek asked staff to work with the Downtown District on snow removal issues. Moved by Mims, seconded by Dickens, that ORD. 14 -4568, REZONING APPROXIMATELY 15.78 ACRES FROM COUNTY RESIDENTIAL (R) TO NEIGHBORHOOD PUBLIC (P -1) AND 29.07 ACRES FROM COUNTY RESIDENTIAL (R) TO INTERIM DEVELOPMENT — SINGLE FAMILY RESIDENTIAL (ID -RS) LOCATED ON SYCAMORE STREET SOUTH OF THE CURRENT CITY LIMITS (REZ13- 00023), be passed and adopted. The Mayor asked Council Members to disclose any ex parte communications and none were reported. Moved by Mims, seconded by Dickens, that ORD. 14 -4569, REZONING APPROXIMATELY 15.14 ACRES FROM COUNTY RESIDENTIAL (R) TO NEIGHBORHOOD PUBLIC (P -1) LOCATED ON AMERICAN LEGION ROAD AND BARRINGTON ROAD (REZ13- 00025), be passed and adopted. The Mayor asked Council Members to disclose any ex parte communications and none were reported. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Rocky Shore Stormwater Pump Station 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 Throgmorton, seconded by Payne, to adopt RES. 14 -8, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ROCKY SHORE STORMWATER PUMP STATION 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 Payne, to adopt RES. 14 -9, ESTABLISHING CHARTER REVIEW COMMISSION. Complete Description January 7, 2014 Page 3 Moved by Payne, seconded by Mims, to make the following appointments to Boards and Commissions: appoint Gosia Clore, 1133 E. Court Street, to the Historic Preservation Commission for Longfellow District to fill three -year term, March 29, 2014 — March 29, 2017; appoint Ben Sandell, 2125 F Street, and reappoint Andy Litton, 430 W. Park Road, Historic Preservation Commission for two vacancies for At Large Representative to fill three -year term, March 29, 2014 — March 29, 2017. The Mayor noted no applications were received for the following Boards and Commissions and all will be readvertised: Airport Commission for two vacancies to fill a four -year term March 1, 2014 — March 1, 2018; 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. 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: 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 for a five -year term January 1, 2014 - December 31, 2018; Civil Service Commission for a four -year term, April 5, 2014 - April 3, 2018; Historic Preservation Commission for a Jefferson St. representative to fill a three -year term, March 29, 2013 — March 29, 2016 (New District formed); Historic Preservation Commission for a Northside representative to fill a three -year term, March 29, 2014 — March 29, 2017. Applications must be received by 5:00 p.m., Wednesday, January 29, 2014. The Mayor noted the current vacancies: Charter Review Commission for nine vacancies to fill a one -year term beginning April 1, 2014 and ending no later than April 1, 2015. Applications must be received by 5:00 p.m., Wednesday, February 12, 2014. Council Member Dobyns welcomed Council Member Botchway to the Council. Council Member Dickens also welcomed Council Member Botchway; and thanked staff for making the budget process run very smoothly this year. Mayor Pro tem Mims echoed Council Member Dickens comments regarding the budget process, and hopes the community views the budget, Council priorities and Council's strategic plan; and welcomed Council Member Botchway. Council Member Throgmorton stated he hoped everyone would be safe and warm with the cold weather conditions. Council Member Botchway thanked City staff for helping him jump right into the budget process. Mayor Hayek also complimented staff on the budget process; and thanked all City staff involved in keeping services going in the unbelievably cold weather. Moved by Payne, seconded by Mims, to adjourn meeting at 7:23 p.m. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk 01 -07 -14 2a(1) ■111111111111111F 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 — 12/17/13 Iowa City City Council special meeting, 5:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. Unless otherwise noted, all actions were affirmative and unanimous. Moved and seconded to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent or pending where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Moved and seconded to adjourn special meeting 6:04 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 Cler Submitted for publication - 12/23/2013. 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 DECEMBER 17, 2013 Iowa City City Council special meeting, 5:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. Staff members present: Markus, Fruin, Dilkes, Karr, Fosse, Purdy, Gannon, Davidson, Lang, Adhikari, Andrew, Bockenstedt. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Payne, seconded by Champion, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent or pending where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Council returned to open session 6:03 p.m. Moved by Dobyns, seconded by Payne, to adjourn special meeting 6:04 p.m. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk � r zm �w �` 10' -M& CITY OF IOWA CITY MEMORANDUM Date: December 27, 2013 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, December 17, 2013, 6:04 PM in Emma J. Harvat Hall Council: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton UISG: Bramel Staff: Markus, Fruin, Dilkes, Karr, Andrew, Adhikari, Fosse, Davidson, Bockenstedt, Jennings, Sandberg, Long, Purdy A transcription and power points are available in the City Clerk's Office and the City website. [Meeting stated at conclusion of executive session and special formal.] QUESTIONS FROM COUNCIL REGARDING AGENDA ITEMS 1. (Consent Calendar item # 3f(3) — emergency access to the Peninsula Neighborhood) In response to Council Member Throgmorton, Public Works Dir. Fosse stated there had been some redevelopment discussions in the area and once those have been decided staff would be in a better position to negotiate the remaining connection piece for temporary access. 2. (Agenda item # 7 — UniverCity sale, 430 S. Lucas... authorizing conveyance ....) Community Dev. Coordinator Long responded to questions regarding income eligibility and median income. 3. (Agenda item # 8 — Flood Mitigation Sales Tax Increment Fund ...) Council Member Throgmorton requested staff be prepared to explain the item during the formal meeting. 4. (Agenda item # 9 — Solid Waste Management Services ... recommending Fiberright... as preferred contractor...) Council Member Throgmorton stated he would be making a motion at the formal meeting requesting deferral of the item. Public Works Dir. Fosse present for discussion. COUNCIL APPOINTMENTS f# 121 Board of Appeals - appoint John Forman Gay (electrician) and readvertise one Public Art Advisory Committee — reappoint Bill Nusser Senior Center — Jack Hobbs CONTINUED DISCUSSION OF THE SIDEWALK REPAIR PROGRAM Public Works Dir. Fosse presented a power point map showing properties that were marked for sidewalk repair in the last ten years. After discussion Council agreed to make no changes to the current program. ACTION: None at this time. (Fosse) 01-07-14 2a...(2) Council Work Session December 17, 2013 Page 2 DISCUSSION OF STRATEGIC PLAN 2014 [# 3a(1)l Asst. to the City Manager Fruin presented a power point highlighting the last two pages of the report "2014 -2015 Strategic Planning Council Priorities ". ACTION: Resolution will be prepared for January 4th organizational meeting for adoption of the Plan. ( Fruin) INFORMATION PACKET DISCUSSION [December 5,121 December 5 1. (IP4 — Corridor Business Journal Economic Forecast Luncheon) Mayor Pro tem Mims indicated interest to attend the CBJ luncheon. December 12 1. (11313 — Housing and Community Development minutes ... November 21.) Council Member Throgmorton referenced the draft minutes concerning a study being done by Jerry Anthony and the Public Policy Center, and questioned when the study would be completed. Community Development Coordinator Long indicated the study was a bit overdue and hoped it would be done in the next week. 2. (IP4 — KXIC Radio Show) Council agreed to the following schedule: December 18 — Champion December 25 — Holiday January 1 - Holiday January 8 — Hayek January 15 — Dickens January 22 — Payne January 29 - Dobyns COUNCIL TIME AND MEETING SCHEDULE 1. Council Member Dobyns stated he would be commenting on the tour of the new Grossix Building at the formal meeting. 2. Council Member Throgmorton reported on the Oakdale Community Choir event on Thursday, December 12th; and the visit with Heritage Christian School second graders on December 10th PENDING WORK SESSION TOPICS [IP # 4 of 12/12 Info Packetl None UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS None Meeting adjourned 6:40 PM. m Subject to change as finalized by the City Clerk. For a final official copy, contact the 2a(3) 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 — 12/17/13 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. Absent: None. The Mayor presented Student Citizenship Awards to Shimek Elementary students: Griffin Roach, Azzurra Sartini- Rideout, Franz Stolpen. The Mayor proclaimed Connie Champion Day, December 18, 2013. 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: November 25 Work Session — Strategic Planning; November 25 Work Session — Orientation; December 3 Special Formal Official & Complete; December 3 Work Session; December 3 Regular Formal Official & Complete; December 9 Special Formal Official & Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Planning and Zoning Commission — November 7 (formal); Planning and Zoning Commission — November 21 (formal); Public Art Advisory Committee — November 7. Permit Motions and Resolutions as recommended by the City Clerk. (Renewal): Class C Liquor License for Carlos O'Kelly's Mexican Cafe, 1411 S. Waterfront; Class C Liquor License for Mekong Restaurant, 5 Sturgis Corner Drive, Suite 1000, Class C Liquor License for Ridge Pub, 1095 Silvercrest Circle; Class C Beer Permit for Creekside Market, 2601 Hwy 6 East, Class C Liquor License for Iowa City Yacht Club, L.L.C., dba Iowa City Yacht Club, 13 S. Linn St. #10; Class B Native Wine Permit for The Basket Cases, 601 St. Thomas Ct. Resolutions and Motions: RES. 13 -343, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE LISTING AGREEMENT WITH LEPIC - KROEGER REALTORS FOR THE NORTH AIRPORT SUBDIVISION TO EXTEND THE TERM FOR ONE YEAR; RES. 13 -344, AUTHORIZING THE CITY MANAGER TO SIGN A GRANT AGREEMENT WITH THE DEPARTMENT OF NATURAL RESOURCES FOR THE IOWA RIVER RESTORATION /BURLINGTON STREET DAM MODIFICATION PROJECT; RES. 13 -345, AMENDING THE 2011 PERSONNEL POLICIES BY AMENDING SECTION 9, "PERSONNEL TRANSACTIONS ", SUBSECTION F, "FAIR LABOR STANDARDS ACT (FLSA) CLASSIFICATION ", BY CHANGING THE WORK CYCLE FOR NOW EXEMPT POLICE OFFICERS FROM A 28- DAY /171 HOUR WORK CYCLE TO A 14 DAY /86 HOUR WORK CYCLE; Accepting the FY 2015 ICDD Budget and directing staff to incorporate the figures in the City's FY 2015 Budget. Setting Public Hearings: RES. 13 -346, SETTING A PUBLIC HEARING ON JANUARY 7, 2014 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ROCKY SHORE STORMWATER PUMP STATION PROJECT, DIRECTING CITY CLERK TO Official Actions December 17, 2013 Page 2 PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Correspondence: Karen Reisetter regarding Build a bridge, physically and mentality [Staff response included]; Christina Wells regarding Study of Fair Hiring Practices — Cemetery Manager [Staff response included]; Michelle Johnson; Chad Johnson; Kay and Tony Weiler regarding Emergency Access to the Peninsula Neighborhood; Terry and Susan Rew regarding Housing Issues [Staff response included]; Acting Traffic Engineering Planner regarding Parking Prohibition on Emerald Street in front of Horn Elementary School. The following individuals appeared regarding a secondary access from the Peninsula Neighborhood in flooding situation: Tony Weiler, 770 Barber Place, and Carl Baker, 752 Foster Rd. Brandon Ross appeared regarding: outgoing Council Member Champion's service to community; disagreement with the City on funding of affordable housing and loss of jobs; SEATS funding; and tax breaks to wealthy people. Senior Center Commissioner Jay Honohan thanked Council Member Champion for her service and updated Council on activities at the Senior Center. The Mayor stated the applicant had withdrawn their application and no action would be taken on public hearing and 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 / O'Brien). Moved and seconded to accept correspondence from Hunter Parks. Moved and seconded that the ordinance rezoning 15.78 acres from County Residential (R) to Neighborhood Public (P -1) and 29.07 acres from County Residential (R) to Interim Development Residential Single- Family (ID -RS) located on Sycamore Street South of the current city limits (REZ13- 00023), be given second vote. Moved and seconded that the ordinance rezoning approximately 15.14 acres from County Residential (R) to Neighborhood Public (P -1) located on American Legion Road and Barrington Road (REZ13- 00025), be given second vote. Moved and seconded that ORD. 13 -4565, REZONING APPROXIMATELY 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 PAR 4, LOCATED ON CAMP CARDINAL ROAD SOUTH OF KENNEDY PARKWAY (REZ- 00024/SUB13- 00018), be passed and adopted. Moved and seconded to adopt RES. 13 -347, APPROVING THE PRELIMINARY PLAT OF CARDINAL RIDGE — PART 4, IOWA CITY, IOWA. (SUB13- 00018). Moved and seconded to adopt RES. 13 -348, APPROVING THE PRELIMINARY PLAT OF GENERAL QUARTERS - PART TWO, IOWA CITY, IOWA. (SUB13- 00023). The Mayor declared the resolution adopted, 6/1. A public hearing was held on a resolution approving a purchase agreement 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. and authorizing conveyance in accordance therewith. Moved and seconded to adopt RES. 13 -349, APPROVING A PURCHASE AGREEMENT TO CONVEY APPROXIMATELY .75 ACRES AT THE NORTHEAST CORNER OF THE INTERSECTION OF N. DODGE STREET AND PRAIRIE DU CHIEN Official Actions December 17, 2013 Page 3 ROAD TO HY -VEE, INC. AND AUTHORIZING CONVEYANCE IN ACCORDANCE THEREWITH. A public hearing was held on a resolution authorizing conveyance of a single family home located at 430 South Lucas Street. Moved and seconded to adopt RES. 13 -350, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 430 SOUTH LUCAS STREET. Moved and seconded to adopt RES. 13 -351, AUTHORIZING THE CITY OF IOWA CITY TO USE SALES TAX INCREMENT REVENUE FROM THE IOWA DEPARTMENT OF REVENUE FLOOD MITIGATION PROJECT FUND. Moved and seconded to adopt RES. 13 -352, RECOMMENDING FIBERIGHT, LLC AS THE PREFERRED CONTRACTOR FOR THE SOLID WASTE MANAGEMENT SERVICES REQUEST FOR PROPOSALS ISSUED JULY 15, 2013. The following individuals appeared: Todd Taylor, 1416 A Ave. NW (CR), AFSCME Local # 61; Caroline Dieterle; Curt Moore, 3169 Dubuque St NE; Tom Carsner, Ali Hayford, # E. Benton St., Vice President for Sales and Market at City Carton Recycling; Mike Carberry, 2029 Friendship St., also thanks Council Member Champion for her service; Demetrios Hadjis, Green -R -You, 3322 Stoneview Circle SW (CR); Martha Norbeck, 906 S.7 th Ave., also thanked Council Member Throgmorton for his remarks regarding development around schools; Larry Fitzpatrick, 115 Montrose Ave., President AFSCME Local #183; John Ockenfels, Past President and CEO of City Carton Recycling; and Alec Bramel, UISG City Council Liaison. The Mayor declared the resolution adopted, 6/1. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 13 -4566, 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 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 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 -4567, AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," TO CHANGE THE DEFINITION OF PEDICAB.be voted on for final passage at this time. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to adopt RES. 13 -353, SUBMITTAL OF A LETTER TO THE IOWA ECONOMIC DEVELOPMENT AUTHORITY APPROVING THE RELOCATION OF CONNECTFIVE TO CORALVILLE, IOWA. Mark Nolte, Iowa City Area Development Group, appeared. Moved and seconded to make the following appointments to Boards and Commissions: appoint John Forman Gay, 1203 Friendly Avenue, to the Board of Official Actions December 17, 2013 Page 4 Appeals for a Licensed Electrician, or a qualified trade representative for an Unexpired Term Effective upon Appointment— December 31, 2015; appoint Bill Nusser, 508 River Street, to the Public Art Advisory Committee for a three year term January 1, 2014 — January 1, 2017. The Mayor noted that no applications were received for the following vacancies and all will be readvertised: Airport Zoning Brd of Adjustment for a five -year term January 1, 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, for a five -year term January 1, 2014 - December 31, 2018; Historic Preservation Commission for a Jefferson St. representative to fill a three -year term, March 29, 2013 — March 29, 2016 (New District formed); appoint Jack Hobbs, 1492 Cromwell Place, to the Senior Center Commission for an unexpired term effective upon appointment ending December 31, 2016. 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: Airport Commission for two vacancies to fill a four -year term March 1, 2014 — March 1, 2018; Historic Preservation Commission for the Longfellow District for a 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. The Mayor noted the current vacancies: Civil Service Commission for a four -year term, April 5, 2014 - April 3, 2018; Historic Preservation Commission for a Northside representative to fill a three -year term, March 29, 2014 — March 29, 2017. Applications must be received by 5:00 p.m., Wednesday, January 29, 2014. Moved and seconded to adjourn meeting at 9:05 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 � Wte �� Su or publication — 12/23/13. 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 DECEMBER 17, 2013 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. Staff members present: Markus, Fruin, Dilkes, Karr, Fosse, Yapp, Jordan, Andrew, Davidson, Bockenstedt, Purdy. The Mayor presented Student Citizenship Awards to Shimek Elementary students: Griffin Roach, Azzurra Sartini - Rideout, Franz Stolpen. The Mayor proclaimed Connie Champion Day, December 18, 2013 and presented outgoing Council Member Connie Champion a Marcia Wegman print and flowers in recognition of her 16 years as a Council Member. Metropolitan Planning Organization of Johnson County (MPOJC) Executive Dir. Yapp presented Council Member Champion with a certificate for her serve to the board over the past 16 years, and serving as Chair in 2003. Former Council Member and Mayor Regenia Bailey offered congratulations. 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 presented. Approval of Council Actions, subject to corrections, as recommended by the City Clerk: November 25 Work Session — Strategic Planning; November 25 Work Session — Orientation; December 3 Special Formal Official & Complete; December 3 Work Session; December 3 Regular Formal Official & Complete; December 9 Special Formal Official & Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Planning and Zoning Commission — November 7 (formal); Planning and Zoning Commission — November 21 (formal); Public Art Advisory Committee — November 7. Permit Motions and Resolutions as recommended by the City Clerk. (Renewal): Class C Liquor License for Carlos O'Kelly's of Iowa City, Inc., dba Carlos O'Kelly's Mexican Cafe, 1411 S. Waterfront; Class C Liquor License for Mekong Enterprises, Inc., dba Mekong Restaurant, 5 Sturgis Corner Drive, Suite 1000 Class C Liquor License for Legacy Independent LP, dba Ridge Pub, 1095 Silvercrest Circle; Class C Beer Permit for Sector, Inc. dba Creekside Market, 2601 Hwy 6 East Class C Liquor License for Iowa City Yacht Club, L.L.C., dba Iowa City Yacht Club, 13 S. Linn St. #10; Class B Native Wine Permit for Cindy Ruppert, dba The Basket Cases, 601 St. Thomas Ct. Resolutions and Motions: RES. 13 -343, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE LISTING AGREEMENT WITH LEPIC - KROEGER REALTORS FOR THE NORTH AIRPORT SUBDIVISION TO EXTEND THE TERM FOR ONE YEAR; RES. 13 -344, AUTHORIZING THE CITY MANAGER TO SIGN A GRANT AGREEMENT WITH THE DEPARTMENT OF NATURAL RESOURCES FOR THE IOWA RIVER RESTORATION /BURLINGTON STREET DAM MODIFICATION PROJECT; RES. 13 -345, AMENDING THE 2011 PERSONNEL POLICIES BY AMENDING SECTION 9, "PERSONNEL TRANSACTIONS ", SUBSECTION F, "FAIR LABOR STANDARDS ACT (FLSA) CLASSIFICATION ", BY CHANGING THE WORK CYCLE FOR NOW EXEMPT POLICE OFFICERS FROM A 28- DAY /171 HOUR WORK CYCLE TO A 14 Complete Description December 17, 2013 Page 2 DAY /86 HOUR WORK CYCLE; Accepting the FY 2015 ICDD Budget and directing staff to incorporate the figures in the City's FY 2015 Budget. Setting Public Hearings: RES. 13 -346, SETTING A PUBLIC HEARING ON JANUARY 7, 2014 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ROCKY SHORE STORMWATER PUMP STATION 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: Karen Reisetter regarding Build a bridge, physically and mentality [Staff response included]; Christina Wells regarding Study of Fair Hiring Practices — Cemetery Manager [Staff response included]; Michelle Johnson; Chad Johnson; Kay and Tony Weiler regarding Emergency Access to the Peninsula Neighborhood; Terry and Susan Rew regarding Housing Issues [Staff response included]; Acting Traffic Engineering Planner regarding Parking Prohibition on Emerald Street in front of Horn Elementary School. Council Member Throgmorton noted the work session minutes of November 25, and the strategic plan for the next two years attached. The following individuals appeared regarding a secondary access from the Peninsula Neighborhood in flooding situation: Tony Weiler, 770 Barber Place, and Carl Baker, 752 Foster Rd. Brandon Ross appeared regarding: outgoing Council Member Champion's service to community; disagreement with the City on funding of affordable housing and loss of jobs; SEATS funding; and tax breaks to wealthy people. Senior Center Commissioner Jay Honohan thanked Council Member Champion for her service and updated Council on activities at the Senior Center. The Mayor stated the applicant had withdrawn their application and no action would be taken on public hearing and 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 / O'Brien). Moved by Mims, seconded by Dickens, to accept correspondence from Hunter Parks. Moved by Mims, seconded by Champion, that the ordinance rezoning 15.78 acres from County Residential (R) to Neighborhood Public (P -1) and 29.07 acres from County Residential (R) to Interim Development Residential Single - Family (ID -RS) located on Sycamore Street South of the current city limits (REZ13 -00023 / Iowa City School District), be given second vote. The Mayor requested Council Members disclose any ex parte communications and none were reported. Moved by Mims, seconded by Payne, that the ordinance rezoning approximately 15.14 acres from County Residential (R) to Neighborhood Public (P -1) located on American Legion Road and Barrington Road (REZ13 -00025 / Iowa City School District), be given second vote. The Mayor requested Council Members disclose any ex parte communications and none were reported. Moved by Dobyns, seconded by Payne, that ORD. 13 -4565, REZONING APPROXIMATELY 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 PAR 4, LOCATED ON CAMP CARDINAL ROAD SOUTH OF KENNEDY PARKWAY (REZ- 00024/SUB13- 00018), be Complete Description December 17, 2013 Page 3 passed and adopted. The Mayor requested Council Members disclose any ex parte communications and none were reported. Moved by Mims, seconded by Payne, to adopt RES. 13 -347, APPROVING THE PRELIMINARY PLAT OF CARDINAL RIDGE — PART 4, IOWA CITY, IOWA. (SUB13- 00018). PCD Dir. Davidson presented a power point. Moved by Mims, seconded by Payne, to adopt RES. 13 -348, APPROVING THE PRELIMINARY PLAT OF GENERAL QUARTERS - PART TWO, IOWA CITY, IOWA. (SUB13- 00023). PCD Dir. Davidson presented a power point. Individual Council Members expressed their views. Staff will report back on questions raised regarding the cul -de -sac. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Payne, Champion, Dickens, Dobyns, Hayek, Mims. Nays: Throgmorton. A public hearing was held on a resolution approving a purchase agreement 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. and authorizing conveyance in accordance therewith. No one appeared. Moved by Dobyns, seconded by Payne, to adopt RES. 13 -349, APPROVING A PURCHASE AGREEMENT 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. AND AUTHORIZING CONVEYANCE IN ACCORDANCE THEREWITH. A public hearing was held on a resolution authorizing conveyance of a single family home located at 430 South Lucas Street. No one appeared. Moved by Mims, seconded by Dickens, to adopt RES. 13 -350, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 430 SOUTH LUCAS STREET. Individual Council Members expressed their views. Moved by Mims, seconded by Payne, to adopt RES. 13 -351, AUTHORIZING THE CITY OF IOWA CITY TO USE SALES TAX INCREMENT REVENUE FROM THE IOWA DEPARTMENT OF REVENUE FLOOD MITIGATION PROJECT FUND. Community Dev., Planner Purdy present for discussion. Individual Council Members expressed their views. Moved by Mims, seconded by Payne, to adopt RES. 13 -352, RECOMMENDING FIBERIGHT, LLC AS THE PREFERRED CONTRACTOR FOR THE SOLID WASTE MANAGEMENT SERVICES REQUEST FOR PROPOSALS ISSUED JULY 15, 2013. Moved by Throgmorton to defer the item until the January 7, 2014 Council meeting. The Mayor declared the motion dead for lack of a second. Public Works Dir. Fosse presented a power point. The following individuals appeared: Todd Taylor, 1416 A Ave. NW (CR), AFSCME Local # 61; Caroline Dieterle; Curt Moore, 3169 Dubuque St NE; Tom Carsner, Ali Hayford, # E. Benton St., Vice President for Sales and Market at City Carton Recycling; Mike Carberry, 2029 Friendship St., also thanks Council Member Champion for her service; Demetrios Hadjis, Green -R -You, 3322 Stoneview Circle SW (CR); Martha Norbeck, 906 S. 7th Ave., also thanked Council Member Throgmorton for his remarks regarding development around schools; Larry Fitzpatrick, 115 Montrose Ave., President AFSCME Local #183; John Ockenfels, Past President and CEO of City Carton Recycling; and Alec Bramel, UISG City Council Liaison. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with Complete Description December 17, 2013 Page 4 the following division of roll call vote. Ayes: Dobyns, Hayek, Mims, Payne, Champion, Dickens. Nays: Throgmorton. Correspondence was received from Garry Klein. Moved by Mims, seconded by Payne, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 13 -4566, 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 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 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 -4567, AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," TO CHANGE THE DEFINITION OF PEDICAB.be voted on for final passage at this time. Moved by Mims, seconded by Throgmorton, that the ordinance be finally adopted at this time. Moved by Mims seconded by Payne, to adopt RES. 13 -353, SUBMITTAL OF A LETTER TO THE IOWA ECONOMIC DEVELOPMENT AUTHORITY APPROVING THE RELOCATION OF CONNECTFIVE TO CORALVILLE, IOWA. Mark Nolte, Iowa City Area Development Group, appeared. Moved by Mims, seconded by Payne, to make the following appointments to Boards and Commissions: appoint John Forman Gay, 1203 Friendly Avenue, to the Board of Appeals for a Licensed Electrician, or a qualified trade representative for an Unexpired Term Effective upon Appointment — December 31, 2015; appoint Bill Nusser, 508 River Street, to the Public Art Advisory Committee for a three year term January 1, 2014 — January 1, 2017. The Mayor noted that no applications were received for the following vacancies and all will be readvertised: Airport Zoning Brd of Adjustment for a five -year term January 1, 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, for a five -year term January 1, 2014 - December 31, 2018; Historic Preservation Commission for a Jefferson St. representative to fill a three -year term, March 29, 2013 — March 29, 2016 (New District formed); appoint Jack Hobbs, 1492 Cromwell Place, to the Senior Center Commission for an unexpired term effective upon appointment ending December 31, 2016. 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: Airport Commission for two vacancies to fill a four -year term March 1, 2014 — March 1, 2018; Historic Preservation Complete Description December 17, 2013 Page 5 Commission for the Longfellow District for a 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. The Mayor noted the current vacancies: Civil Service Commission for a four -year term, April 5, 2014 - April 3, 2018; Historic Preservation Commission for a Northside representative to fill a three -year term, March 29, 2014 — March 29, 2017. Applications must be received by 5:00 p.m., Wednesday, January 29, 2014. Outgoing Council Member Champion received congratulations and thanks from all Council Members. Council Member Champion thanked everyone and stated it had been a pleasure to serve on the City Council. Mayor Pro tem Mims and Council Member Dobyns reported on the tour they had at the newly remodeled Grossix Building, 30 Clinton St. Mayor Hayek announced an Iowa wrestling meet and greet event followed by a documentary on the Iowa wrestling program on Friday, December 20, at the Englert. The City Manager, City Attorney, and City Clerk expressed gratitude to outgoing Council Member Champion. Moved by Payne, seconded by Champion to adjourn meeting at 9:05 p.m. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk