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HomeMy WebLinkAbout2014-06-03 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 JUNE 3, 2014 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: Botchway. Staff members present: Markus, Fruin, Dilkes, Karr, Knoche, Nations, Boothroy, Yapp, Andrew, Tharp, Bockenstedt. The Mayor proclaimed: Pride month — June; and Juneteenth National Freedom Day — June 14, accepted by RaQuishia Harrington. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Payne, seconded by Mims, 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: May 20 Work Session; May 20 Regular Formal Official & Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Ad Hoc Senior Services Committee — May 5; Board of Adjustment — April 9; Board of Library Trustees — April 24; Charter Review Commission — May 13; Historic Preservation Commission —April 10; Human Rights Commission —April 29; Planning and Zoning Commission — April 17; Senior Center Commission — March 20; Senior Center Commission (work session) — March 25. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for GFP Inc., dba Wig and Pen Pizza Pub, 1220 Highway 6 West Outdoor Service Area for GFP Inc., dba Wig and Pen Pizza Pub, 1220 Highway 6 West; Class C Beer Permit for NPC International, Inc., dba Pizza Hut #4358, 1926 Keokuk St.; Class C Liquor License for Pershell Corporation, dba Colonial Lanes, 2253 Highway 218 South; Class E Liquor License for Southside Spirits LLC, dba Southside Liquor & Tobacco, 601 Hollywood Blvd. Ste. 1; Class C Liquor License for ARAMARK Corporation, dba ARAMARK @ ACT, 500 ACT Drive; Class E Liquor License for John's Grocery, Inc., dba John's Grocery, Inc., 401 E. Market St.; Class C Liquor License for Jimmy Jack Mac, Inc., dba Basta, 121 Iowa Ave.; Class C Liquor License for Dublin Underground Inc., dba The Dublin Underground, 5 South Dubuque St.; Class C Liquor License for Weekes -Van Eck Post #3949, dba Weekes -Van Eck Post #3949 Veterans of Foreign Wars, 609 Highway; 6 East. New: Class C Liquor License for Red Bike Iowa City LLC., dba Ride, 630 Iowa Ave.; Five -Day Class B Beer Permit for Summer of the Arts, Inc., dba Iowa Arts Festival, 30 N. Dubuque St.(June 6 —10, 2014); Five -Day Class B Beer Permit for Summer of the Arts, Inc., dba Iowa City Jazz Festival, 16 N. Clinton St.(July 3 —7, 2014); Five -Day Class B Beer Permit for Summer of the Arts, Inc., dba Iowa Soul Festival, 16 N. Clinton St.(September 19 —23, 2014) Resolutions and Motions: RES. 14 -163, REJECTING BIDS RECEIVED ON MAY 27, 2014 FOR THE 2014 STORM SEWER IMPROVEMENTS PROJECT; RES. 14- 164, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE NORTH DUBUQUE STREET PEDESTRIAN BRIDGE OVER 1 -80 PROJECT [IM- NHS - 080 - 6(320)244- - 13 -52]; RES. 14 -165, ACCEPTING THE WORK FOR THE SANITARY SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR BROOKWOOD POINTE THIRD ADDITION, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR Complete Description June 3, 2014 Page 2 PUBLIC USE; RES. 14 -166, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE NOVEMBER 12, 2013 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. 14 -167, 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 SNYDER & ASSOCIATES, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE FIRST AVENUE GRADE SEPARATION PROJECT; RES. 14 -168, CORRECTING THE FINAL CONTRACT PRICE IN THE RESOLUTION ACCEPTING THE WORK FOR THE FAIRMEADOWS PARK SPLASH PAD PROJECT; RES. 14 -169, CORRECTING THE FINAL CONTRACT PRICE IN THE RESOLUTION ACCEPTING THE WORK FOR THE 2013 SEWER REPAIR PROJECT; RES. 14 -170, ESTABLISHING A FOOD TRUCK / FOOD CART PILOT PROGRAM FOR 2014; RES. 14 -171, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE LEASE AGREEMENT WITH THE STATE BOARD OF REGENTS FOR THE UNIVERSITY OF IOWA FOR LEASE OF COMMERCIAL SPACE IN THE IOWA CITY PUBLIC LIBRARY; RES. 14 -172, APPROVING AN AGREEMENT BETWEEN THE CITY AND SUMMER OF THE ARTS, INC. TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER AND NATIVE WINES DURING ARTS FEST, JAZZ FEST, AND IOWA SOUL FESTIVAL WITHIN A SPECIFIED AREA ON A CITY STREET; RES. 14 -173, AMENDING THE BUDGETED POSITIONS IN THE IOWA CITY PUBLIC LIBRARY BY ELIMINATING ONE LIBRARY CLERK AND ADDING ONE TWENTY -FIVE HOUR PER WEEK (.625) LIBRARY CLERK, ADDING FIVE HOURS ( 125) TO AN EXISTING LIBRARY ASSISTANT III, AND ADDING FIVE HOURS (.125) TO AN EXISTING LIBRARY ASSISTANT I; RES. 14- 174, APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE UNIVERSITY OF IOWA REGARDING THE 2014 INDEPENDENCE DAY FIREWORKS DISPLAY; RES. 14 -175, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 3035 STANFORD AVENUE, IOWA CITY, IOWA; Approve disbursements in the amount of $8,412,105.26 for the period of March 1 through March 31, 2014, as recommended by the finance director subject to audit; Approve disbursements in the amount of $7,733,434.78 for the period of April 1 through April 30, 2014, as recommended by the finance director subject to audit; RES. 14 -176, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A 28E AGREEMENT WITH THE UNIVERSITY OF IOWA FOR WEBSITE DEVELOPMENT AND SUPPORT SERVICES; RES. 14 -177, 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 FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE FUNCTIONAL DESIGN OF THE AMERICAN LEGION ROAD AND TAFT AVE. IMPROVEMENTS; RES. 14 -178, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY Complete Description June 3, 2014 Page 3 CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND KUCERA INTERNATIONAL TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE 2014 AERIAL MAPPING SERVICES PROJECT. Setting Public Hearings: RES. 14 -179, SETTING A PUBLIC HEARING ON JUNE 17, 2014 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CITY HALL NORTH COURT HVAC REPLACEMENT PROJECT 2014, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Correspondence: Mary Lu Callahan regarding R Place Grand Opening Celebration; Ron Mavrias regarding Bartelt Street [Staff response included]; Traffic Engineering Planner regarding Establish COMMERCIAL LOADING ZONE 30 MINUTES LIMIT 8 AM — 5 PM on the southeast corner of the intersection of East Washington Street an Van Buren Street; Establish NO PARKING 2 AM — 6 AM prohibition for metered parking and the commercial loading zone on the 500 block of East Washington Street; and Establish Moped / Motorcycle permit -only parking on the northeast corner of the intersection of Washington Street and Van Buren Street. Mary Gravitt, 2714 Wayne, appeared regarding supporting the Senior Center; requesting a fourth side and a full sitting bench be added to the recently installed bus shelter at Aldi's; and requesting increased funding for SEATS. Ali Howarth, Iowa City / Coralville Convention and Visitors Bureau, presented a framed picture to the City for their support of the 2014 Herky's on Parade project. Sally Scott, 205 Black Springs Circle, clarified the Johnson County Affordable Housing Coalition's position on affordable housing in Riverfront Crossings. Moved by Payne, seconded by Dobyns, to accept correspondence from Ms. Gravitt. Moved by Mlms, seconded by Dickens, 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. 14 -4585, TO DESIGNATE THE GOOSETOWN / HORACE MANN CONSERVATION DISTRICT AS A CONSERVATION DISTRICT OVERLAY (OCD) ZONE (REZ -14- 00004), be voted on for final passage at this time. The Mayor requested Council Members report any ex parte communications, and none were reported. Moved by Mims, seconded by Payne, that the ordinance be finally adopted at this time. Moved by Payne, seconded by Dobyns, to accept correspondence from Mike Wright. Moved by Mims, seconded by Payne, that ORD. 14 -4586, AMENDING TITLE 14: ZONING, ADDING ARTICLE 14 -2G, RIVERFRONT CROSSINGS FORM -BASED DEVELOPMENT STANDARDS, AND AMENDING OTHER ASSOCIATED PARTS OF TITLE 14 TO INTEGRATE THE FORM BASED CODE, be passed and adopted. Moved by Throgmorton, seconded by Dobyns, to amend the ordinance by making three specific modifications: (as distributed) First, for any project that might receive a density bonus for affordable or workforce housing, the affordability of the units must be maintained for a minimum of 15 years; Second, the maximum post -bonus building height in the Park District and on the west side of the river shall not exceed 10 stories, and Third, one bonus floor shall be permitted for each floor of Class A space. Individual Council Members expressed their views. Airport Operations Specialist Tharp present Complete Description June 3, 2014 Page 4 for discussion. The Mayor declared the motion to amend defeated, 1/5, with Throgmorton voting "yes "; Dickens, Dobyns, Hayek, Mims, Payne voting "no ", and Botchway absent. Moved by Payne, seconded by Mims, to accept correspondence from Bob Welsh, Harry Olmstead, Sally Scott, Mark Patton, John McKinstry, Steven Williams, Carrie Norton, Misty Rebik. Moved by Payne, seconded by Dickens, that ORD. 14 -4587, AMENDING TITLE 14: ZONING, ARTICLE 4C, ACCESSORY USES AND BUILDINGS, TO ADDRESS DIFFERENCES IN THE REGULATION OF ACCESSORY USES IN THE RIVERFRONT CROSSINGS ZONES AND AMENDING THE SPECIAL EXCEPTION CRITERIA FOR DRIVE- THROUGHS, be passed and adopted. Moved by Mims, seconded by Dickens, that ORD. 14 -4588, AMENDING TITLE 14: ZONING, TO BROADEN THE STOREFRONT SIGNAGE TYPES AND SIZES ALLOWED IN COMMERCIAL ZONES AND TO REGULATE TEMPORARY WINDOW SIGNS, be passed and adopted. A public hearing was held on an ordinance amending Title 14, entitled "Zoning," Chapter 6, entitled, "Airport Zoning," to provide that a structure may penetrate the horizontal overlay zone under certain conditions. Airport Operations Specialist Tharp presented a power point. Moved by Mims, seconded by Payne, that the ordinance amending Title 14, entitled "Zoning," Chapter 6, entitled, "Airport Zoning," to provide that a structure may penetrate the horizontal overlay zone under certain conditions, be given first consideration. Moved by Mims, seconded by Payne, to adopt RES. 14 -180, STATING SUPPORT FOR ACTIONS ALIGNED WITH ACHIEVING BLUE ZONES CERTIFICATION. Sustainability Coordinator Nations and Community Program Manager Shannon Greene for the Blue Zones Project appeared. Individual Council Members expressed their views. Moved by Mims, seconded by Payne, to appoint Stella Hart, 311 S. Lucas Street, to the Human Rights Commission for an unexpired term, effective upon appointment — January 1, 2015. 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 previous vacancies to Boards and Commissions: Citizens' Police Review Board for an unexpired term, effective upon appointment — September 1, 2015. Applications must be received by 5:00 p.m., Wednesday, June 11, 2014. Airport Commission for a four -year term March 1, 2014 — March 1, 2018; Airport Zoning Brd of Adjustment for a 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 three -year terms, March 29, 2013 — March 29, 2016 (New District formed). Applications must be received by 5:00 p.m., Wednesday, June 25, 2014. Mayor Pro tem Mims and Council Member Dickens reminded everyone of the activities being planned for the Arts Fest week -end, June 6 -8. Council member Payne mentioned the Tech Help session planned at the Iowa City Public Library on June 4. Moved by Payne seconded by Mims, to adjourn meeting at 7:55 p.m. Complete Description June 3, 2014 Page 5 Matthew J. Hayek, Mayor Ma horn K. Karr, City Clerk g N 1.111 12�f rk MEMORANDUM 3 Date: May 27, 2014 To: Mayor and City Council From: Julie Voparil, Deputy City Clerk Re: Council Work Session, May 20, 2014, 5:00 PM in Emma J. Harvat Hall Council: Botchway, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton UISG: McCarthy Staff: Markus, Fruin, Dilkes, Voparil, Andrew, Davidson, Miklo, Boothroy, Bockenstedt, Morris, Powers, Kopping, Dulek, Fosse, Hart A transcription is available in the City Clerk's Office and on the City website. Mayor Hayek stated he would be making a brief statement regarding North Liberty Mayor Tom Salm's passing at the beginning of the formal meeting. QUESTIONS FROM COUNCIL REGARDING AGENDA ITEMS 1. (Items #8, #12, and #13 -Civil Penalty revised .... CVS Pharmacy ... The Den ... Gasby's) Mayor Hayek stated the items have been revised to accepting Waiver of Hearing and Payment and a hearing would not be held. 2. (Items #10 and #11 - Civil Penalty North Dodge Sinclair) Council Member Dickens stated he would be abstaining on both items as his son -in -law's family owns the store. 3. (Item #5b - Comp Plan Amendment (affordable housing in downtown and Riverfront Crossing); and #5c - Riverfront Crossing Form Based Code) Council Member Throgmorton noted his amendments to both items as distributed. NDS Dir. Boothroy stated that a meeting with the Homebuilder's Association had been scheduled for on August 26; and NDS Senior Planner Miklo stated a request to include affordable housing in the Riverfront Crossing's code had been received from Sally Scott. Council agreed to defer indefinitely item #5b, the Riverfront Crossings Comp Plan and public hearing, until recommendations come from Planning and Zoning Commission and staff. 4. (Consent Calendar item # 3d(1) - Rental and Laundering Services ...) In response to Council Member Payne, PW Dir. Fosse reported that some employees work with chemicals or other materials that are not suitable to take uniforms home and laundry, and require laundering separately. 5. (Item #5b - Comp Plan Amendment (affordable housing in downtown and Riverfront Crossing) [continued from # 3 above] In response to Council Member Throgmorton, Mayor Hayek stated a staff memo could be prepared about the August 26th meeting on the process and who the stakeholders are. Council Work Session May 20, 2014 Page 2 6. (Consent Calendar #3d(13) - 2103 Summer Sidewalk Repair) In response to Council Member Payne, PW Dir. Fosse stated that the contract was unit priced and that more work was done than originally planned. 7. (Item #5c, Comp Plan Riverfront Crossings Form Based Code) [continued from # 3 above] Council Member Throgmorton discussed his amendment. NDS Senior Planner Miklo and NDS Dir. Boothroy present for discussion. City Attorney Dilkes confirmed a substantial change would require first consideration again and a possible consult with Planning and Zoning Commission. Majority agreed to proceed with second consideration and allow staff time to respond the issues prior to the third consideration. DISCUSS STAFF PROPOSAL FOR A 2014 MOBILE VENDING / FOOD TRUCK PILOT Program [IP # 3 of 5/15 Info Packet] Asst. City Manager Fruin outlined a pilot program for vendors in three different locations, and responded to questions. Majority directed staff to proceed. ACTION: Prepare resolution for June 3 Council agenda. ( Fruin) REVIEW THE PLANNING & ZONING COMMISSION CHAIR'S RECOMMENDATION FOR THE CITY COUNCIL TO URGE THE ICCSD TO INSERT A "WALKABILITY CLAUSE" INTO ITS DIVERSITY POLICY [IP # 2 of 518 Info Packet; and IP # 4 of 5/15 Info Packet] NDS Senior Planner Miklo present for discussion. Majority of Council voiced support for the diversity polity and agreed not take any action on the Planning and Zoning recommendation concerning the "walkability clause ". ACTION: City Manager to notify ICCSD Supt. Murley. (Markus) SUMMER OF THE ARTS BEER GARDEN (late addition) City Atty. Dilkes stated that this has been resolved and no discussion is needed. INFORMATION PACKET DISCUSSION [May 8 and 151 May 8 1. [IP #3 — Wastewater Supt...... response to student letters on wastewater treatment operations ...] Council Member Botchway said he appreciated the response. 2. [IP #5 — Georgetown University Energy Prize) Council Member Throgmorton stated the information was great but probably too late to enter. The City Manager stated staff could look into it. May 15 1. [IP #6 — KXIC Radio Show ] Mayor Hayek reviewed the schedule. 2. [IP #9 — FEMA Letter ... National Flood Insurance Program ... rating system ] Mayor Pro tem Mims acknowledged the positive letter even though the individual contact information was not correct. Council Work Session May 20, 2014 Page 3 COUNCIL TIME AND MEETING SCHEDULE 1. Council Member Dickens reminded everyone of the Friday Night Concert Services starting on Friday. 2. Mayor Hayek acknowledged the youth recipients' at the Human Rights Youth Awards event and the volunteer work done in the community. Mayor Pro tem Mims said their commitment was incredible. 3. Council Member Throgmorton reported he finished last in the bike /bus event. 4. Council Member Botchway noted that he purchased a bike at the Bike Library; and the Farmer's Market has started for the season. 5. Mayor Pro tem Mims noted her participation in the sendoff for the Old Pi to New Pi bike ride. 6. Mayor Hayek noted that the bike lanes and sparrows are hard to see. City Manager Markus reported that the stripping is starting today. 7. Council Member Dobyns stated that Herky on Parade has been a very positive event for the community. 8. Mayor Hayek mentioned park bench painting on the ped mall was underway and reported seeing an undergrad art student working on a bench Sunday morning when a Chinese family walked up and wanted a photo taken, noting the great convergence of culture. 9. Council Member Botchway stated June 3`d was election day and will be in touch with the City Clerk on his participation in the Council meeting. PENDING WORK SESSION TOPICS [IP #5 of 5/15 Info Packet] None UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS 1. Council Member Botchway noted Memorial Day is coming up. 2. Mayor Hayek noted that he will be speaking Memorial Day at the new Guard Center. 3. Mayor Pro tem Mims noted a UAY fundraiser at Terry Trueblood Park on Thursday night. Meeting adjourned 6:15 p.m. 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 — 5/20/14 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. Mayor Hayek noted the sudden passing of North Liberty Mayor Tom Salm and expressed the tremendous sense of loss to his family and the community. The Mayor presented Outstanding Student Citizenship Awards to Longfellow Elementary students: Mya Kahle, Zoe Meaney, Andre Miller. Unless otherwise noted, all actions were affirmative and unanimous. Moved and seconded that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: May 6 Work Session; May 6 Regular Formal Official & Complete; Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Airport Zoning Commission — April 7; Airport Zoning Commission — April 15; Airport Zoning Commission — April 24; Charter Review Commission — April 22; Citizens Police Review Board —April 21; Parks and Recreation — March 12. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class B Beer Permit for Pit Smokehouse LLC.,130 N. Dubuque St.; Class E Liquor License for CVS /Pharmacy #8547, 2425 Muscatine Ave.; Class C Liquor License for Linn Street Cafe, Inc., 121 N. Linn St.; Class C Beer Permit for Suburban Amoco, 370 Scott Court, Class E Liquor License for Smokin' Joe's Tobacco and Liquor Outlet #18, 1901 Broadway St.; Class C Liquor License for Tobacco Outlet Plus #537, 923 S. Riverside Dr.; Class C Liquor License for Eden Lounge, 217 Iowa Ave. Refund an unused portion of a Special Class C Liquor License for Panchero's Mexican Grill, 32 S. Clinton St.; Refund an unused portion of a Special Class C Liquor License for Panchero's Mexican Grill, 965 S. Riverside Dr. New: Class E Liquor License for New Pioneer Food Co -op, 22 S. Van Buren St. Resolutions and Motions: RES. 14 -135, AUTHORIZING THE PROCUREMENT OF EIGHT POLICE PATROL VEHICLES; approving the appointment of Nicole Neal as the City Council alternate liaison from the University of Iowa Student Government (UISG) to the City Council until May 1, 2015; RES. 14 -136, AMENDING THE BUDGETED POSITIONS IN THE CITY ATTORNEY'S OFFICE BY INCREASING THE POSITION OF CITY ATTORNEY FROM .6 FTE TO 1 FTE AND DECREASING THE POSITION OF ASSISTANT CITY ATTORNEY FROM 2.0 FTE TO 1.5 FTE AND ESTABLISHING A NEW UNCLASSIFIED SALARY COMPENSATION FO THE CITY ATTORNEY; RES. 14 -137, AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2006A, OF THE CITY OF IOWA CITY, STATE OF IOWA, DATED JUNE 29, 2006, AND DIRECTING NOTICE BE GIVEN; RES. 14 -138, AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS, TAXABLE SERIES 2006B, OF THE CITY OF IOWA CITY, STATE OF IOWA, DATED JUNE 29, 2006, AND Official Actions May 20, 2014 Page 2 DIRECTING NOTICE BE GIVEN; RES. 14 -139, AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2006C, OF THE CITY OF IOWA CITY, STATE OF IOWA, DATED SEPTEMBER 15, 2006, AND DIRECTING NOTICE BE GIVEN; RES. 14 -140, AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2005A, OF THE CITY OF IOWA CITY, STATE OF IOWA, DATED MARCH 29, 2005, AND DIRECTING NOTICE BE GIVEN; RES. 14- 141, AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2007A, OF THE CITY OF IOWA CITY, STATE OF IOWA, DATED MAY 31, 2007, AND DIRECTING NOTICE BE GIVEN; RES. 14- 142, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR AUDIT SERVICES FOR THE FISCAL YEAR 2014 CITY OF IOWA CITY FINANCIAL STATEMENTS; RES. 14 -143, AUTHORIZING THE PROCUREMENT OF UNIFORM AND TOWEL RENTAL AND LAUNDERING SERVICES; RES. 14 -144, ACCEPTING THE WORK FOR THE 2013 SEWER REPAIR PROJECT; RES. 14 -145, ACCEPTING THE WORK FOR THE IOWA RIVER BANK REPAIR PROJECT 2014; RES. 14 -146, ACCEPTING THE WORK FOR THE 2013 SUMMER SIDEWALK REPAIR PROJECT; RES. 14 -147, ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY THE CLUB CAR; RES. 14 -148, ACCEPTING PAYMENT OF $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM JOHN'S GROCERY; RES. 14 -149, ACCEPTING PAYMENT OF A $1500 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM RJ'Z EXPRESS; RES. 14 -150, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA, FOR THE APPLICATION AND ADMINISTRATION OF ANY AWARDED EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARDS; RES. 14 -151, AMENDING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE ANIMAL CARE AND ADOPTION CENTER 2014 PROJECT, FIXING TIME AND PLACE FOR RECEIPT OF BIDS AND DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS. Setting Public Hearings: Set a public hearing for June 17 on a resolution to annex 39.96 acres of land located at 4701 Herbert Hoover Highway; Set a public hearing for June 17 on an ordinance conditionally rezoning 39.96 acres of land from County Residential (R) Zone to Interim Development Single - Family (ID -RS) Zone located at 4701 Herbert Hoover Highway. (REZ14- 00002); Set a public hearing on June 17, 2014 on a rezoning ordinance amending title 14, entitled "Zoning," Chapter 6, entitled, "Airport Zoning," to provide that a structure may penetrate the horizontal overlay zone under certain conditions. Correspondence: Brian Flanagan regarding Economic Development [Staff response included] Lorie Schweer regarding Emergency Exit Peninsula Neighborhood - Raising of Foster Road; William Coleman regarding Your vote to raise speed limit to 35 MPH on LWBR; Michele McAtee regarding Diversity Policy ICCSD, CIC [Supt. response attached]; John Kevin McMillan regarding FIVE City of Austin departments consulting an attorney re: me; Charlotte Walker regarding Official Actions May 20, 2014 Page 3 Decision to remove senior meals from the Senior Center [Staff response included]; City Engr. regarding Competitive Quotation Results Mayor Hayek noted that hearings for 3e(1) and 3e(2) were being set for June 17, and not the earlier June meeting date originally indicated. Mary Gravitt, 2714 Wayne Ave., raised concerns regarding the bus shelter in front of Aldi's, requesting a bench and a fourth side be added to the shelter; landlord leaving garbage out on the street instead of in dumpsters; requested established of an ad hoc committee on SEATS. Sally Scott, Johnson County Affordable Homes Coalition appeared regarding Affordable Housing in Riverfront Crossings. Laura Bergus, Telecommunications Commissioner appeared regarding consumer education for broadband networks, distributed handouts, and presented an information video. Moved and seconded to accept correspondence. Mark Patton, Iowa Valley Habitat for Humanity, appeared and submitted correspondence on wage compensation. Moved and seconded to accept correspondence from Mark Patton. Roger Knight, 320 East Washington St., appeared regarding dissatisfaction with Council, building of 20 story buildings, and Mediacom. A public hearing was held on an ordinance to designate the Goosetown / Horace Mann Conservation District as a Conservation District Overlay (OCD) Zone. (REZ -14- 00004). The Mayor asked Council Members to disclose any ex parte communications, and all 7 Council Members reported. Bob Miklo presented a power point. The following individuals appeared: Ginalie Swaim, Chair Historic Preservation Commission, 1024 Woodlawn Ave,; Mike Wright, 225 N. Lucas St.; Chris Reynolds, Reynolds, 619 Brown St.; Matthew Biger, 519 N. Johnson St.; Mary Beth Slonnegar, 1169 Davenport St.; Susan Futrell, 314 Fairchild St.; Leslie Schwalm, 819 E. Market St.; Doris Stormoer, 819 E. Market St.; Tom Baldridge, 915 Oakcrest; and Pam Michaud, 109 S. Johnson. Moved and seconded to accept correspondence from Susan Futrell and Will Jennings; Cathy Cole and Mike Feiss; Susan Shullaw; Genia Hausknecht; Jim Ponto; and Tim Weitzel. Moved and seconded that the ordinance to designate the Goosetown / Horace Mann Conservation District as a Conservation District Overlay (OCD) Zone. (REZ -14- 00004), be given first vote. Moved and seconded to defer indefinitely the public hearing and resolution on an ordinance approving an amendment to the Comprehensive Plan — Downtown and Riverfront Crossings Master Plan to include a section on affordable housing. Moved and seconded to accept correspondence from Tim Weitzel. Moved and seconded that the ordinance amending Title 14: Zoning, adding Article 14 -2G, Riverfront Crossings Form Based Development Standards, and amending other associated parts of Title 14 to integrate the form based code, be given second vote. Moved and seconded that the ordinance amending Title 14: Zoning, to broaden the storefront signage types and sizes allowed in commercial zones and to regulate temporary window signs, be given second vote. Moved and seconded that the ordinance amending Title 14: Zoning, Article 4C, Accessory Uses and Buildings, to address differences in the regulation of accessory uses in the Riverfront Crossings Zones and amending the special exception criteria for drive- throughs ", be given second vote. A public hearing was held on a resolution authorizing conveyance of a single family home located at 324 North Lucas Street. Official Actions May 20, 2014 Page 4 Moved and seconded to adopt RES. 14 -152, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 324 NORTH LUCAS STREET. A public hearing was held on a resolution authorizing conveyance of a single family home located at 1821 B Street. Moved and seconded to adopt RES. 14 -153, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1821 B STREET. Moved and seconded to adopt RES. 14 -154, ACCEPTING PAYMENT OF A $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM CVS PHARMACY. A hearing was held on a resolution assessing 300.00 civil penalty against Happy Daze, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty. Andy Chappell appeared. Moved and seconded to adopt RES. 14 -155, ASSESSING A $300.00 CIVIL PENALTY AGAINST HAPPY DAZE. A hearing was held on a resolution assessing a $300.00 civil penalty against North Dodge Sinclair, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty. Andy Chappell appeared. Moved and seconded to adopt RES. 14 -156, ASSESSING A $300.00 CIVIL PENALTY AGAINST NORTH DODGE SINCLAIR. The Mayor declared the resolution adopted 6/0/1, Dickens abstaining. A hearing was held on a resolution assessing a civil penalty of either $1500.00 or a thirty day permit suspension against North Dodge Sinclair, pursuant to Iowa Code Section 453A.22(2) (2013), Asst. Johnson County Atty. Andy Chappell appeared. Moved and seconded to adopt RES. 14 -157, ASSESSING A $1500.00 CIVIL PENALTY OR THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST NORTH DODGE SINCLAIR. Asst. Johnson County Atty. Andy Chappell appeared. The Mayor declared the resolution adopted 6/0/1, Dickens abstaining. Moved and seconded to adopt RES. 14 -158 ACCEPTING PAYMENT OF A $1500 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM THE DEN. Moved and seconded to adopt RES. 14 -159 ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY GASBY'S. Asst. Johnson County Atty. Andy Chappell appeared. A hearing was held on a resolution assessing a civil penalty of either $1500.00 or a thirty day permit suspension against The Convenience Store, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty. Andy Chappell appeared. Moved and seconded to adopt RES. 14 -160, ASSESSING $1500.00 CIVIL PENALTY OR THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST THE CONVENIENCE STORE. A hearing was held on a resolution assessing a civil penalty of $1500.00 and a thirty day permit suspension against The Convenience Store, pursuant to Iowa Code Section 453A.22(2) 2013. Asst. Johnson County Atty. Andy Chappell appeared. Moved and seconded to adopt RES. 14 -161, ASSESSING $1500.00 CIVIL PENALTY AND THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST THE CONVENIENCE STORE. A hearing was held on a resolution assessing a civil penalty of either $1500.00 or a thirty day permit suspension against Zombies, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty. Andy Chappell appeared. Official Actions May 20, 2014 Page 5 Moved and seconded to adopt RES. 14 -162, ASSESSING $1500.00 CIVIL PENALTY OR THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST ZOMBIES. Moved and seconded that ORD. 14 -4583, AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," SECTION 5 ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE RESIDENTIAL SOLID WASTE COLLECTION FEES, be passed and adopted. Moved and seconded that ORD. 14 -4584, AMENDING TITLE 3, "CITY FINANCES, TAXATION & FEES," CHAPTER 4 "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," SECTION 3, ENTITLED "POTABLE WATER USE AND SERVICE," OF THE CITY CODE, TO INCREASE OR CHANGE WATER SERVICE CHARGES AND FEES, be passed and adopted. The Mayor noted that no applications were received for the following vacancies and all will be readvertised: Airport Commission for a four -year term March 1, 2014 — March 1, 2018; Airport Zoning Brd of Adjustment for a 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 three -year terms, March 29, 2013 — March 29, 2016 (New District formed). Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] The Mayor noted the previously announced vacancies: Citizens' Police Review Board for an unexpired term, effective upon appointment — September 1, 2015; Applications must be received by 5:00 p.m., Wednesday, June 11, 2014. Human Rights Commission to fill an unexpired term, effective upon appointment — January 1, 2015. Applications must be received by 5:00 p.m., Wednesday, May 28, 2014. Moved and seconded to adjourn meeting at 8:30 p.m. A more complete description of Council Activities is on file in the office of the City Clerk. s /Matthew J. Hayek, Mayor s /Julie Voparil, Deputy City Clerk �S �` ted for publication — 5/28/14. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MAY 20, 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, Andrew, Dilkes, Voparil, Miklo, Boothroy, Bockenstedt, McCarthy. Mayor Hayek noted the sudden passing of North Liberty Mayor Tom Salm and expressed the tremendous sense of loss to his family and the community. The Mayor presented Outstanding Student Citizenship Awards to Longfellow Elementary students: Mya Kahle, Zoe Meaney, Andre Miller. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Payne, seconded by Dickens, that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: May 6 Work Session; May 6 Regular Formal Official & Complete; Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Airport Zoning Commission — April 7; Airport Zoning Commission — April 15; Airport Zoning Commission — April 24; Charter Review Commission — April 22; Citizens Police Review Board — April 21; Parks and Recreation — March 12. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class B Beer Permit for Pit Smokehouse LLC., The dba Pit Smokehouse LLC., 130 N. Dubuque St.; Class E Liquor License for Iowa CVS Pharmacy, LLC., dba CVS /Pharmacy #8547, 2425 Muscatine Ave.; Class C Liquor License for Linn Street Cafe, Inc., dba Linn Street Cafe, Inc., 121 N. Linn St.; Class C Beer Permit for Suburban Investors, dba Suburban Amoco, 370 Scott Court Class E Liquor License for The Outlet, Inc. dba Smokin' Joe's Tobacco and Liquor Outlet #18, 1901 Broadway St.; Class C Liquor License for Kwik Trip Inc., dba Tobacco Outlet Plus #537, 923 S. Riverside Dr.; Class C Liquor License for 1440 LLC., dba Eden Lounge, 217 Iowa Ave. Refund an unused portion of a Special Class C Liquor License for Little Donkeys, Inc., dba Panchero's Mexican Grill, 32 S. Clinton St.; Refund an unused portion of a Special Class C Liquor License for Freshmex Iowa City, LLC., dba Panchero's Mexican Grill, 965 S. Riverside Dr. New: Class E Liquor License for New Pioneer Cooperative Society, dba New Pioneer Food Co -op, 22 S. Van Buren St. Resolutions and Motions: RES. 14 -135, AUTHORIZING THE PROCUREMENT OF EIGHT POLICE PATROL VEHICLES; approving the appointment of Nicole Neal as the City Council alternate liaison from the University of Iowa Student Government (UISG) to the City Council until May 1, 2015; RES. 14 -136, AMENDING THE BUDGETED POSITIONS IN THE CITY ATTORNEY'S OFFICE BY INCREASING THE POSITION OF CITY ATTORNEY FROM .6 FTE TO 1 FTE AND DECREASING THE POSITION OF ASSISTANT CITY ATTORNEY FROM 2.0 FTE TO 1.5 FTE AND ESTABLISHING A NEW UNCLASSIFIED SALARY COMPENSATION FO THE CITY ATTORNEY; RES. 14 -137, AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2006A, OF THE CITY OF IOWA CITY, STATE OF IOWA, DATED JUNE 29, 2006, AND DIRECTING Complete Description May 20, 2014 Page 2 NOTICE BE GIVEN; RES. 14 -138, AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS, TAXABLE SERIES 2006B, OF THE CITY OF IOWA CITY, STATE OF IOWA, DATED JUNE 29, 2006, AND DIRECTING NOTICE BE GIVEN; RES. 14 -139, AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2006C, OF THE CITY OF IOWA CITY, STATE OF IOWA, DATED SEPTEMBER 15, 2006, AND DIRECTING NOTICE BE GIVEN; RES. 14 -140, AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2005A, OF THE CITY OF IOWA CITY, STATE OF IOWA, DATED MARCH 29, 2005, AND DIRECTING NOTICE BE GIVEN; RES. 14- 141, AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2007A, OF THE CITY OF IOWA CITY, STATE OF IOWA, DATED MAY 31, 2007, AND DIRECTING NOTICE BE GIVEN; RES. 14- 142, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR AUDIT SERVICES FOR THE FISCAL YEAR 2014 CITY OF IOWA CITY FINANCIAL STATEMENTS; RES. 14 -143, AUTHORIZING THE PROCUREMENT OF UNIFORM AND TOWEL RENTAL AND LAUNDERING SERVICES; RES. 14 -144, ACCEPTING THE WORK FOR THE 2013 SEWER REPAIR PROJECT; RES. 14 -145, ACCEPTING THE WORK FOR THE IOWA RIVER BANK REPAIR PROJECT 2014; RES. 14 -146, ACCEPTING THE WORK FOR THE 2013 SUMMER SIDEWALK REPAIR PROJECT; RES. 14 -147, ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY THE CLUB CAR; RES. 14 -148, ACCEPTING PAYMENT OF $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM JOHN'S GROCERY; RES. 14 -149, ACCEPTING PAYMENT OF A $1500 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM RJ'Z EXPRESS; RES. 14 -150, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA, FOR THE APPLICATION AND ADMINISTRATION OF ANY AWARDED EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARDS; RES. 14 -151, AMENDING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE ANIMAL CARE AND ADOPTION CENTER 2014 PROJECT, FIXING TIME AND PLACE FOR RECEIPT OF BIDS AND DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS. Setting Public Hearings: Set a public hearing for June 17 on a resolution to annex 39.96 acres of land located at 4701 Herbert Hoover Highway; Set a public hearing for June 17 on an ordinance conditionally rezoning 39.96 acres of land from County Residential (R) Zone to Interim Development Single - Family (ID -RS) Zone located at 4701 Herbert Hoover Highway. (REZ14- 00002); Set a public hearing on June 17, 2014 on a rezoning ordinance amending title 14, entitled "Zoning," Chapter 6, entitled, "Airport Zoning," to provide that a structure may penetrate the horizontal overlay zone under certain conditions. Correspondence: Brian Flanagan regarding Economic Development [Staff response included] Lorie Schweer regarding Emergency Exit Peninsula Neighborhood - Raising of Foster Road; William Coleman regarding Your vote to raise speed limit to 35 MPH on LWBR; Michele McAtee regarding Diversity Policy Complete Description May 20, 2014 Page 3 ICCSD, CIC [Supt. response attached]; John Kevin McMillan regarding FIVE City of Austin departments consulting an attorney re: me; Charlotte Walker regarding Decision to remove senior meals from the Senior Center [Staff response included]; City Engr. regarding Competitive Quotation Results Mayor Hayek noted that hearings for 3e(1) and 3e(2) were being set for June 17, and not the earlier June meeting date originally indicated. Mary Gravitt, 2714 Wayne Ave., raised concerns regarding the bus shelter in front of Aldi's, requesting a bench and a fourth side be added to the shelter; landlord leaving garbage out on the street instead of in dumpsters; requested established of an ad hoc committee on SEATS. Sally Scott, Johnson County Affordable Homes Coalition appeared regarding Affordable Housing in Riverfront Crossings. Laura Bergus, Telecommunications Commissioner appeared regarding consumer education for broadband networks, distributed handouts, and presented an information video. Moved by Payne, seconded by Mims, to accept correspondence. Mark Patton, Iowa Valley Habitat for Humanity, appeared and submitted correspondence on wage compensation. Moved by Payne, seconded by Botchway, to accept correspondence from Mark Patton. Roger Knight, 320 East Washington St., appeared regarding dissatisfaction with Council, building of 20 story buildings, and Mediacom. A public hearing was held on an ordinance to designate the Goosetown / Horace Mann Conservation District as a Conservation District Overlay (OCD) Zone. (REZ -14- 00004). The Mayor asked Council Members to disclose any ex parte communications, and all 7 Council Members reported. Bob Miklo presented a power point. The following individuals appeared: Ginalie Swaim, Chair Historic Preservation Commission, 1024 Woodlawn Ave,; Mike Wright, 225 N. Lucas St.; Chris Reynolds, Reynolds, 619 Brown St.; Matthew Biger, 519 N. Johnson St.; Mary Beth Slonnegar, 1169 Davenport St.; Susan Futrell, 314 Fairchild St.; Leslie Schwalm, 819 E. Market St.; Doris Stormoer, 819 E. Market St.; Tom Baldridge, 915 Oakcrest; and Pam Michaud, 109 S. Johnson. Moved by Payne, seconded by Mims, to accept correspondence from Susan Futrell and Will Jennings; Cathy Cole and Mike Feiss; Susan Shullaw; Genia Hausknecht; Jim Ponto; and Tim Weitzel. Moved by Mims, seconded by Payne, that the ordinance to designate the Goosetown / Horace Mann Conservation District as a Conservation District Overlay (OCD) Zone. (REZ -14- 00004), be given first vote. Individual Council Members expressed their views. Moved by Mims, seconded by Payne, to defer indefinitely the public hearing and resolution on an ordinance approving an amendment to the Comprehensive Plan — Downtown and Riverfront Crossings Master Plan to include a section on affordable housing. Moved by Mims, seconded by Dickens, to accept correspondence from Tim Weitzel. Moved by Payne, seconded by Dickens, that the ordinance amending Title 14: Zoning, adding Article 14 -2G, Riverfront Crossings Form Based Development Standards, and amending other associated parts of Title 14 to integrate the form based code, be given second vote. Moved by Payne, seconded by Mims, that the ordinance amending Title 14: Zoning, to broaden the storefront signage types and sizes allowed in commercial zones and to regulate temporary window signs, be given second vote. Moved by Payne, seconded by Dobyns, that the ordinance amending Title 14: Zoning, Article 4C, Accessory Uses and Buildings, to address differences in the Complete Description May 20, 2014 Page 4 regulation of accessory uses in the Riverfront Crossings Zones and amending the special exception criteria for drive- throughs ", be given second vote. A public hearing was held on a resolution authorizing conveyance of a single family home located at 324 North Lucas Street. No one appeared. Moved by Mims, seconded by Dickens, to adopt RES. 14 -152, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 324 NORTH LUCAS STREET. A public hearing was held on a resolution authorizing conveyance of a single family home located at 1821 B Street. No one appeared. Moved by Dobyns, seconded by Botchway, to adopt RES. 14 -153, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1821 B STREET. Moved by Mlms, seconded by Payne, to adopt RES. 14 -154, ACCEPTING PAYMENT OF A $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM CVS PHARMACY. A hearing was held on a resolution assessing 300.00 civil penalty against Happy Daze, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty. Andy Chappell appeared. Moved by Payne, seconded by Mims, to adopt RES. 14 -155, ASSESSING A $300.00 CIVIL PENALTY AGAINST HAPPY DAZE. A hearing was held on a resolution assessing a $300.00 civil penalty against North Dodge Sinclair, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty. Andy Chappell appeared. Moved by Dobyns, seconded by Botchway, to adopt RES. 14 -156, ASSESSING A $300.00 CIVIL PENALTY AGAINST NORTH DODGE SINCLAIR. The Mayor declared the resolution adopted 6/0/1, Dickens abstaining. A hearing was held on a resolution assessing a civil penalty of either $1500.00 or a thirty day permit suspension against North Dodge Sinclair, pursuant to Iowa Code Section 453A.22(2) (2013), Asst. Johnson County Atty. Andy Chappell appeared. Moved by Mims, seconded by Botchway, to adopt RES. 14 -157, ASSESSING A $1500.00 CIVIL PENALTY OR THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST NORTH DODGE SINCLAIR. Asst. Johnson County Atty. Andy Chappell appeared. The Mayor declared the resolution adopted 6/0/1, Dickens abstaining. Moved by Mims, seconded by Botchway. to adopt RES. 14 -158 ACCEPTING PAYMENT OF A $1500 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM THE DEN. Moved by Mims, seconded by Botchway to adopt RES. 14 -159 ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY GASBY'S. Asst. Johnson County Atty. Andy Chappell appeared. A hearing was held on a resolution assessing a civil penalty of either $1500.00 or a thirty day permit suspension against The Convenience Store, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty. Andy Chappell appeared. Moved by Dickens, seconded by Payne, to adopt RES. 14 -160, ASSESSING $1500.00 CIVIL PENALTY OR THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST THE CONVENIENCE STORE. Complete Description May 20, 2014 Page 5 A hearing was held on a resolution assessing a civil penalty of $1500.00 and a thirty day permit suspension against The Convenience Store, pursuant to Iowa Code Section 453A.22(2) 2013. Asst. Johnson County Atty. Andy Chappell appeared. Moved by Payne, seconded by Mims, to adopt RES. 14 -161, ASSESSING $1500.00 CIVIL PENALTY AND THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST THE CONVENIENCE STORE. A hearing was held on a resolution assessing a civil penalty of either $1500.00 or a thirty day permit suspension against Zombies, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty. Andy Chappell appeared. Moved by Payne, seconded by Botchway, to adopt RES. 14 -162, ASSESSING $1500.00 CIVIL PENALTY OR THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST ZOMBIES. Moved by Payne, seconded by Throgmorton, that ORD. 14 -4583, AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," SECTION 5 ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE RESIDENTIAL SOLID WASTE COLLECTION FEES, be passed and adopted. Moved by Payne, seconded by Botchway, that ORD. 14 -4584, AMENDING TITLE 3, "CITY FINANCES, TAXATION & FEES," CHAPTER 4 "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," SECTION 3, ENTITLED "POTABLE WATER USE AND SERVICE," OF THE CITY CODE, TO INCREASE OR CHANGE WATER SERVICE CHARGES AND FEES, be passed and adopted. The Mayor noted that no applications were received for the following vacancies and all will be readvertised: Airport Commission for a four -year term March 1, 2014 — March 1, 2018; Airport Zoning Brd of Adjustment for a 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 three -year terms, March 29, 2013 — March 29, 2016 (New District formed). Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] ' The Mayor noted the previously announced vacancies: Citizens' Police Review Board for an unexpired term, effective upon appointment — September 1, 2015; Applications must be received by 5:00 p.m., Wednesday, June 11, 2014. Human Rights Commission to fill an unexpired term, effective upon appointment — January 1, 2015. Applications must be received by 5:00 p.m., Wednesday, May 28, 2014. Council Member Botchway reminded everyone of the Summer of the Arts events starting June 6tH Council Member Throgmorton reported on several events held on May 15th: a meeting at the Broadway Neighborhood Center with Congolese refugees and immigrants; a City of Literature book festival organizing committee meeting; the 10tH year celebration of the Housing Trust Fund at Trueblood Park.; and the Oakdale Community Choir concert. Complete Description May 20, 2014 Page 6 Council Member Dickens noted the Friday night concert series starts May 23rd, from 6:30 to 9:30 downtown. Council Member Dobyns reported on three firefighters assisting a couple with car trouble near Fire Station #2, and stated they were within 100 feet of the truck if they were called and thought the gesture was worth mentioning. Moved by Payne, seconded by Mims, to adjourn meeting at 8:30 p.m. Matthew J. Hayek, Mayor Julie Voparil, Deputy City Clerk