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HomeMy WebLinkAbout2016-10-04 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES OCTOBER 4, 2016 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Throgmorton presiding. Council Members present: Botchway, Cole, Dickens, Mims, Taylor, Thomas, Throgmorton. Absent: None. Staff Members present: Fruin, Andrew, Dilkes, Karr, Yapp, Kelsay, Greer, Rackis, Knoche. The Mayor proclaimed: National Hispanic Heritage Month - September 15 - October 15, Joe Coulter, Human Rights Commissioner accepting; World Habitat Awareness Week — October 3-7, Mark Patton, Executive Director accepting; Fire Prevention Week — October 9-15, Fire Marshall Brian Greer accepting; Domestic Violence Awareness Month — October, Kristie Doser, Executive Director accepting. Mayor Throgmorton read a letter sent earlier to Cedar Rapids Mayor Ron Corbett praising them for their success in protecting the City from recent flooding. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Botchway, 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: September 20 Work Session; September 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): Board of Adjustment — August 10; Human Rights Commission — August 16; Library Board of Trustees — August 25; Public Art Advisory Committee — May 3; Public Art Advisory Committee — August 4; Senior Center Committee — August 18. Permit Motions and resolutions as recommended by the City Clerk. Renewal: Class C Liquor License for Hilltop Tavern, Ltd., dab The Hilltop Lounge, 1100 N. Dodge St.; Class C Liquor License for Christian Retirement Services, dba Oaknoll Retirement Residence, 1 Oaknoll Court; Class C Liquor License for IC Entertainment, LC, dba Bardot Iowa, 347 S. Gilbert St.; Class C Liquor License for Howling Dogs, Inc., dba Howling Dogs Bistro and Fair Grounds Coffeehouse, 345 S. Dubuque St.; Class E Liquor License for Jason Caylor, dba Liquor Downtown, 315 S. Gilbert St. Class C Liquor License for Casa Tequila Foods 2, Inc., dba Casa Tequila Authentic Mexican Grill, 1921 Keokuk St.; Class C Liquor License for Blue Moose, Inc., dba Blue Moose, 211 Iowa Ave.; Outdoor Service Area for Casa Tequila Foods 2, Inc., dba Casa Tequila Authentic Mexican Grill, 1921 Keokuk St.; Class E Liquor License for Wal-Mart Stores, Inc., dba Wal-Mart Store #1721, 919 Hwy 1 West; Five-day Class B Beer Permit for Pop's "Old N New" Barb-B-Que, dba Pop's Old and New BBQ, 26 E. Market St. Resolutions and Motions: RES. 16-280, ADOPTING THE IOWA CITY HOUSING AUTHORITY'S HOUSING CHOICE VOUCHER (HCV) ADMINISTRATIVE PLAN; RES. 16-281, AWARDING CONTRACT to Lewis Brothers Tree Farm for $290,976.66 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SYCAMORE STREET AND LOWER MUSCATINE ROAD LANDSCAPE IMPROVEMENTS PROJECT 2016; RES. 16-282, ACCEPTING THE WORK FOR THE STORM SEWER, SANITARY SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR Complete Description October 4, 2016 Page 2 CHURCHILL MEADOWS, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 16-283, AUTHORIZING THE PROCUREMENT OF ONE SEWER CAMERA INSPECTION VEHICLE FOR THE WASTEWATER DIVISION. Correspondence: Candice Odell regarding Various issues; Adam Herrig regarding Windsor Ridge HOA — Traffic Calming Request [Staff response included]; Ann Christenson, 100Grannies regarding Plastic Bags; Kellsie Pepponi regarding Surveillance Cameras in (Library) Public Restrooms [Staff response included]; R. J. Johnson regarding Bike Riders on Sidewalk; Garry Klein regarding Thank you; Jacob Simpson and Benjamin Nelson, UISG Council Liaisons regarding UISG Voter Registration Efforts; Mary Gravitt (x2) regarding Bus Shelters and Park Benches; Janet Powers Metzger, Bruce Teague, Cathy and Cary Covington regarding Inspection Process for rental housing [Staff response included]; Acting Transportation Engr. Planner regarding INSTALLATION OF SIGNS TO INDICATE NO PARKING, STOPPING, STANDING, 8:00 AM TO 5 PM, MONDAY -FRIDAY ON THE NORTH SIDE OF BRADFORD DRIVE, BETWEEN FIRST AVENUE AND WILLIAM STREET, correspondence from Vince Woolums; Acting Sr. Transportation Engr. Planner regarding Installation of (2) NO PARKING BETWEEN SIGNS signs on Friendship Street.; Acting Sr. Transportation Engr. Planner regarding Change of school NO PARKING LOADING ZONE terms from 8:00 AM TO 5:00 PM Monday - Friday to 7:00 AM TO 5:00 PM Monday - Friday on the 900 block of Rider Street; Richard Walton regarding Waterwork Treatment Plant gate; Nancy Bird regarding ICDD response to Mayor's Development Memo. Roger Knight, 320 East Washington St., appeared regarding visibility of Police Officers in the downtown area, problems with skateboarders and bikes, loud music, and diesel generators. The following individuals appeared representing 100 Grannies and requesting a plastic bag ban: Ann Christenson, 827 Dearborn; Becky Ross, 18 Valley View Knoll; Mary Kirkpatrick, 431 Elmridge Ave.; and Kristin Wildensee, 1710 Ridge Rd. A public hearing was held on an ordinance amending 1-9-3B of the Code of Ordinances to add recently annexed property to Precincts 8, 10 and 24. No one appeared. Moved by Botchway, seconded by Thomas, that the ordinance amending 1-9-3B of the Code of Ordinances to add recently annexed property to Precincts 8, 10 and 24, be given first vote. A public hearing was held on a resolution of cost for the construction of the PCC Pavement Rehabilitation 2016 Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. No one appeared. Moved by Botchway, seconded by Dickens, to adopt RES. 16-284, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PCC PAVEMENT REHABILITATION 2016 PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO POST NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. The Mayor announced that comments would be received for item 7 - A public hearing was held on an ordinance renewing the franchise granted to MidAmerican Energy Company, its successors and assigns, to acquire, construct, erect, maintain and operate in the City of Iowa City, an electric light and power system to furnish, deliver Complete Description October 4, 2016 Page 3 and sell electric energy to said city and its inhabitants for a period of ten years; and item 8 - A public hearing was held on an ordinance renewing the franchise granted to MidAmerican Energy Company, its successors and assigns, to acquire, construct, erect, maintain and operate in the City of Iowa City, a natural gas system to furnish, deliver and sell natural gas to said city and its inhabitants for a period of ten years. The following individuals appeared: Roger Knight, 320 East Washington St.; Regenia Bailey, Goosetown, and Mark Reinders, MidAmerican Energy. Individual Council Members expressed their views. Council requested staff provide electric rate information comparing municipal owned utilities in Iowa to MidAmerican Energy rated and continue to work with MidAmerican on LED street lighting issues. Moved by Botchway, seconded by Dickens, to accept correspondence from Regenia Bailey, "Some cities are taking another look at LED lighting after AMA Warning". Moved by Mims, seconded by Botchway, that the ordinance renewing the franchise granted to MidAmerican Energy Company, its successors and assigns, to acquire, construct, erect, maintain and operate in the City of Iowa City, an electric light and power system to furnish, deliver and sell electric energy to said city and its inhabitants for a period of ten years, be given first vote. A public hearing was held on an ordinance renewing the franchise granted to MidAmerican Energy Company, its successors and assigns, to acquire, construct, erect, maintain and operate in the City of Iowa City, a natural gas system to furnish, deliver and sell natural gas to said city and its inhabitants for a period of ten years. (See comments received under item 7. No one appeared. Moved by Botchway, seconded by Thomas, that the ordinance renewing the franchise granted to MidAmerican Energy Company, its successors and assigns, to acquire, construct, erect, maintain and operate in the City of Iowa City, a natural gas system to furnish, deliver and sell natural gas to said city and its inhabitants for a period of ten years, be given first vote. Moved by Mims, seconded by Botchway, 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. 16-4678, AMENDING TITLE 2 OF THE CITY CODE, ENTITLED "HUMAN RIGHTS," TO REMOVE THE REFERENCES TO "HOUSING ACCOMMODATION," UPDATE REFERENCES TO "MEN AND WOMEN," AND CLARIFY TIME PERIODS, be voted on for final passage at this time. Moved by Mims, seconded by Botchway, that the ordinance be finally adopted at this time. Moved by Mims, seconded by Botchway, that ORD. 16-4679, AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION B, PARAGRAPH B, REFERENCING THE CITY'S UNDER 21 LAW, TO SHORTEN THE REVIEW AND REVOCATION PERIODS FOR COMPLIANCE CHECK FAILURES FOR HOLDERS OF EXCEPTION CERTIFICATE, be passed and adopted. Moved by Mims, seconded by Botchway, to make the following appointments: appoint Barbara Kutzko, 1346 Oxford Place, to the Human Rights Commission for an unexpired term plus a three year term upon appointment — January 1, 2020; appoint D'Angelo Bailey, 2248 Davis Street, to the Human Rights Commission for an unexpired term plus a three year term upon appointment — January 1, 2020. Complete Description October 4, 2016 Page 4 The Mayor noted a new vacancy on the Senior Center Commission for an unexpired term, upon appointment — December 21, 2018. Applications must be received by 5:00 p.m., Wednesday, November 9, 2016 The Mayor noted previously announced vacancies: Airport Zoning Commission — for an unexpired term upon appointment — December 21, 2021; Airport Zoning Brd of Adjustment for an unexpired term, upon appointment - December 21, 2020; Airport Zoning Brd. of Adjustment for an unexpired term, upon appointment - December 31, 2018 (Formerly advertised); Historic Preservation Commission for a Jefferson St. representative to fill three-year term, March 29, 2016 -July 1, 2019 (New District formed). Applications must be received by 5:00 p.m., Wednesday, October 26, 2016. Appeals, Board of, for a five-year term January 1, 2017- December 31, 2021; Board of Adjustment for a five-year term, January 1, 2017 — January 1, 2020; Human Rights Commission for a three year January 1, 2017 — January 1, 2020; Parks and Recreation Commission for two vacancies to fill four year terms January 1, 2017 — January 1, 2021; Public Art Advisory Committee for two vacancies to fill three-year terms, January 1, 2017 — January 1, 2020; Senior Center Commission for two vacancies to fill three-year terms, January 1, 2017 — December 21, 2020; Telecommunications Commission for an unexpired term, upon appointment — July 1, 2017. Applications must be received by 5:OOp.m., Wednesday, October 26, 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. More information may be found on the City website or in the City Clerk's office.] Council Member Dickens thanked retiring Police Lt. Mike Brotherton for his 35 years of service; and noted a Police Promotion pinning scheduled for Monday, October 10. Council Member Cole thanked Council for allowing him to attend National League of Cities University Summit in Madison and shared information on initiatives such as the worker owned cooperatives and the interconnected bike grid. Council Member Taylor commented on the successful cyclocross World Cup event and congratulated all those involved. Mayor Throgmorton expanded comments on the World Cup event and praised the efforts of the Convention and Visitors Bureau and its Director Josh Schamberger; noted the Iowa City Book Festival schedule of events; and congratulated Neumann Monson Architects for being on one of six architectural firms in Iowa honored at the annual awards celebration, including one for Midwest's One's building in the Riverfront Crossings District.. Moved by Mims, seconded by Botchway, to adjourn regular meeting at 8:20 p.m. to work session. G J mes A. Throgmo on, Mayor Marian K. Karr, City Clerk '��r p°` CITY O F IOWA CITY g '�*" MEMORANDUM Date: September 28, 2016 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, September 20, 2016, 5:00 PM in Emma J. Harvat Hall Council: Botchway, Cole. Dickens, Mims, Taylor (arrived 5:15), Thomas, Throgmorton UISG: Simpson, Nelson Staff: Fruin, Dilkes, Andrew, Karr, O'Brien, Yapp, Boothroy, Hightshoe, Knoche, Ralston, Bockenstedt, Kelsay, Rackis A transcription and power points are available in the City Clerk's Office and the City website. City Manager Fruin introduced the subject and reported on community input and HCDC recommendations. Neighborhood Services Coordinator Hightshoe facilitated discussion and presented a power point. After discussion Council directed staff as follows: 1. Continue to fund existing local programs including GRIP and UniverCity 2. Adopt an Inclusionary Zoning code amendment for the Riverfront Crossings District 3. Adopt code amendments that enable the FUSE Housing First use in the community 4. FY18 Budget Process: Provide a line item for affordable housing • Goal of $500,000 based on budget conditions. 5. Process for distributing dollars from the Affordable Housing Fund • 50% to the Johnson County Housing Trust Fund. (Location must comply with the Affordable Housing Location Model, must be in Iowa City). • 25% held in reserve for land banking . • Maximum of 5% for emergent situations determined by the City Council (if funds not used by end of the fiscal year, the funds reserved for land banking). • 20% directed through HCDC for LIHTC support or supplemental aid through the CDBG / HOME housing application processes. 6. Hold the $1,500,000 million in housing authority funds for an opportunity to leverage significant private investment and/or to develop/acquire low income replacement housing 7. Consider an annexation policy that provides for affordable housing contributions 8. Consider use of TIF on a case by case basis to support residential development and/or annexation through the provision of public infrastructure and capture the required ILMI set-aside for use throughout the community (Ex: McCollister and Foster Road) 9. Consider regulatory changes to City Code: • Waive parking requirements for affordable housing units: RFC (done), downtown pending parking study. Council Work Session September 20, 2016 Page 2 • Review possible changes to the multi -family design standards for all units in an effort to reduce cost and expedite approvals. • Eliminate minimum size requirements for PUDs. • Increase allowable bedrooms from 3 to 4 outside the University Impact Area (keep occupancy at 3 unrelated). • Permit more building types by right as opposed to requiring a PUD process (density, multiplex units, cottage clusters, etc.). 10. Pursue a form -based code for the Alexander Elementary neighborhood and the northside 11. Strategically seek LIHTC projects through an RFP process overseen by the HCDC (in conjuction with #5) 12. Create a committee of staff, developers and other interested stakeholders to determine the viability and potential parameters of a tax abatement program that would support affordable housing • Create an education program to promote the benefits of subsidized housing projects to landlords/developers. 13. Exempt the Riverfront Crossings from the Affordable Housing Location model and consider modifications to reduce size of restricted areas and/or account for neighborhood densities (consider UniverCity Impacted and Downtown neighborhoods for exclusion as well) • Consider adoption of a new neighborhood based (not address based) model to allow and encourage city -assisted development in more locations throughout the City, including redevelopment of existing affordable housing. 14. Tenant Displacement • Such applications would require a transition plan to better inform residents and the general public (requires a comprehensive plan and a site plan ordinance amendment). • Council approval of major site plans when 12 or more households will be displaced and there is no accompanying rezoning. • Mailings to current residents could be required upon application and a good neighbor meeting would be encouraged. 15. Rent abatement for emergency orders when vacation of property is not necessary (use simpler language for ease of understanding) • Increase education about housing code violations and how to report. ACTION: Staff to begin implementation of the plan and provide a report that details goals, performance metrics and status of each individual action to Council in the next 30- 60 days. The report will be updated periodically throughout 2017 until all actions are completed. (Fruin, Hightshoe) [Break 6:45 p.m. - Discussion continued after the formal meeting] QUESTIONS FROM COUNCIL REGARDING AGENDA ITEMS 1. (Consent Calendar # 3d(1) Political Party IC event ... resolution ... agreement ...) In response to Mayor Throgmorton, Asst. to the City Manager Andrew confirmed the location and stated the event would have a similar set-up as an earlier one by "A Hundred Men and Women" on Dubuque Street. Council Work Session September 20, 2016 Page 3 INFORMATION PACKET DISCUSSION (September 8, 15] ➢ September 8 1. (IP7 Sustainability Iowa City Newsletter...) Mayor Throgmorton complimented staff on the stories. ➢ September 15 1. (IP4 Request for Proposals.... Form -based Code Consultant...) Council Member Thomas stated he would follow up with the City Manager on some minor language issues. City Manager Fruin responded to questions, and stated the proposal was ready to distribute after hearing from Council Member Thomas. 2. (IP7 Mayor Pro tem Botchway ... article ... ordinance to protect bicyclists) Mayor Pro tem Botchway noted the article he placed in the packet and questioned Council support of a safe passing ordinance. A majority directed staff to discuss proposed passing ordinance with local bicycle advocacy groups and return to Council with and ordinance change to seek further direction. 3. (IP8 KXIC Radio Show ...) City Clerk Karr noted the updated schedule 4. (IP17 Racial and Socioeconomic Review Toolkit) Mayor Pro tem Botchway noted the information from the Equity Director and encouraged looking at policies on a consistent basis, noting different populations have different needs. COUNCIL TIME 1. Mayor Pro tem Botchway noted the national shootings involving Police and commended the Iowa City Police for their handling of a recent incident involving a University student; and a recent gun incident in the downtown Ped Mall. He stated he would be providing information on establishment of a committee to review Police Department policies, and questioned when Council would be receiving an update on disproportionality in arrests currently on the pending list. City Manager Fruin noted that Dr. Barnum's study dealt with traffic stops only and is working with the Police Department to examine the available data related to arrests to help determine what actions may be needed regarding disproportionate contact, noting the Police Department was in a transition period with a new Police Chief to be names in a couple of months. Asst. to the City Manager Andrew stated the Strategic Plan update on October 4 would include details of department activities. 2. Mayor Throgmorton provided the following update: • Shared information on attending an event celebrating the success of META Communications with Governor Branstad, Council Member Thomas and City Manager Fruin, and ICAD leadership. • Reported attending Iowa Women's Foundation luncheon earlier in the day. • Had lunch with Coralville Mayor Lundell and North Liberty Mayor Neilsen on August 19 • Shared concerns of local businesses in the 100 block of Washington Street affected negatively with the delays in the project, and a request for compensation by at least one owner. Majority of Council were not interested in placing the item on the pending list for further discussion, noting they had discussed a similar request from a business on First Avenue. Council Work Session September 20, 2016 Page 4 rogmorton reminded everyone of the Strategic Plan UPCOMING COMMUNITY EVENTS / COUNCIL INVITATIONS None Meeting ended 8:30 PM. _5'6rffl1 3a(2) Subject to change as finalized b the Cit Clerk. For a final official � g y y 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 — 9/20/16 Iowa City City Council meeting, 7:00 p.m. at City Hall. Mayor Throgmorton presiding. Council Members present: Botchway, Cole, Dickens, Mims, Taylor, Thomas, Throgmorton. Absent: None. ITEM 2. PROCLAMATIONS: Food Rescue Week With Table to Table — Last week of September; Bob Andrlik, Table to Table Executive Director accepting; Constitution Week — September 17 — 23, Cathy Schiele, Pilgrim Chapter of Daughters of the American Revolution, accepting. Unless otherwise noted, all actions were affirmative and unanimous. ITEM 3. CONSENT CALENDAR: ITEM 3a. Approval of Council Actions, subject to corrections, as recommended by the City Clerk: September 6 Work Session; September 6 Regular Formal Official & Complete. ITEM 3b. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Airport Commission — June 16; Airport Commission — July 21; Airport Commission — August 5; Community Police Review Board — August 17; Planning and Zoning Commission — August 4. ITEM 3c. Permit Motions and Resolutions as recommended by the City Clerk. Renewal: Special Class C Liquor License for Masala, 9 S. Dubuque St.; Class C Liquor License for Motley Cow Cafe, 160 N. Linn St.; Class C Liquor License for Joseph's Steakhouse, 212 S. Clinton St.; Class C Liquor License for Studio 13, 3 S. Linn St.; RES. 16-271, TO ISSUE DANCING PERMIT to Studio 13, 13 S. Linn St.; Blue Moose, 211 Iowa; Ave.; Class C Liquor License for Blue Moose, 211 Iowa Ave.; Class C Liquor License for DC's, 124 S. Dubuque St.; Class C Beer Permit adding Native Wine for Deli Mart #3, 240 Mormon Trek Blvd.; Class C Beer Permit adding Native Wine for Deli Mart #5, 206 E. Benton St. Ownership Change: Class C Liquor License for DC's, 124 S. Dubuque St.; Class C Liquor License for Blue Moose, 211 Iowa Ave. New: Five -Day Class B Beer Permit for Political Party IC, 7 S. Dubuque St.; Outdoor Service Area for Political Party IC, 7 S. Dubuque St. ITEM 3d. Resolutions and Motions: RES. 16-272, APPROVING AN AGREEMENT BETWEEN THE CITY AND SUMMER OF THE ARTS, INC. TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER DURING POLITICAL PARTY IC EVENT; RES. 16-273, APPROVING THE CITY STREET FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2016; RES. 16-274, AUTHORIZING THE CITY MANAGER TO SIGN MICROSOFT ENTERPRISE AGREEMENT FOR THE CITY OF IOWA CITY; RES. 16-275, ACCEPTING THE WORK FOR THE CITY OF IOWA CITY PARKING GARAGE MAINTENANCE PROGRAM 2015 PROJECT; RES. 16-276, ACCEPTING THE WORK FOR THE COURT HILL PARK SIDEWALK INFILL PROJECT; Approve disbursements in the amount of $36,670,619.34 for the period of July 1 through July 30, 2016, as recommended by the Finance Director subject to audit. Approve disbursements in the amount of $10,678,504.03 for the period of August 1 through August 31, 2016, as recommended by the Finance Director subject to audit. ITEM 3e. Setting Public Hearings: Setting a public hearing for October 4, 2016, on an ordinance amending 1-9- 3b of the Code of Ordinances to add recently annexed property to precincts 8, 10 and Official Actions September 20, 2016 Page 2 24; RES. 16-277, SETTING A PUBLIC HEARING ON OCTOBER 4, 2016 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PCC PAVEMENT REHABILITATION 2016 PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; Setting a public hearing for October 4, 2016 to consider an ordinance renewing the franchise granted to MidAmerican Energy Company, its successors and assigns, to acquire, construct, erect, maintain and operate in the City of Iowa City, an electric light and power system to furnish, deliver and sell electric energy to said city and its inhabitants for a period of ten years; Setting a public hearing for October 4, 2016 to consider an ordinance renewing the franchise granted to MidAmerican Energy Company, its successors and assigns, to acquire, construct, erect, maintain and operate in the City of Iowa City, a natural gas system to furnish, deliver and sell natural gas to said city and its inhabitants for a period of ten years. ITEM 3f. Correspondence: Alisa Meggitt regarding Sunday transportation service; Kathryn Kunert, MidAmerican Energy regarding Letter of support for renewal of Iowa City Franchises; R. J. Johnson regarding Enforcement of laws regarding no bikes or skateboards on City sidewalks and Ped Mall; Candice Odell regarding Oklahoma Supreme Court and various issues; Fred Meyer regarding Edible Classroom Ribbon Cutting on September 17; Sue Rhomberg regarding Rent Like A Champion Poaching Bait and Switch [Staff response included]; Sally Scott regarding Memo on Affordable Housing Action Plan; Thomas Baldridge (x2) regarding Speed Limits in town; Acting Sr. Transportation Engr. Planner regarding Installation of (2) STOP signs on E. Court Street at S Linn Street; Acting Sr. Transportation Engr. Planner regarding Installation of NO PARKING ANY TIME signs on the east and west sides of Naples Avenue. ITEM 4. COMMUNITY COMMENT: Roger Knight, 320 E. Washington St., wished Mayor Pro tem Botchway an early Happy Birthday; raised concerns on the sidewalk pedestrian width in front of eating establishments in the 100 block of Washington St.; and reported his feeling of bothering the Police Department when you call for assistance. John Kirby appeared requesting a 1971 video taken by the Police Department. Jacob Simpson, UISG Council Liaison, read a statement regarding the recommendation to exempt the Downtown and the University Impact Area from the Affordable Housing Location Mode; and will provide comments in written form for the record. ITEM 5a. ORD. 16-4675, AMENDING TITLE 14: ZONING TO ESTABLISH FORM - BASED ZONING STANDARDS FOR THE EAST SIDE MIXED USE ZONE AND TO CLARIFY AND REFINE CERTAIN PROVISIONS THAT APPLY DOWNTOWN AND IN THE RIVERFRONT CROSSINGS DISTRICT. Waive second consideration. PASSED AND ADOPTED. ITEM 5b. ORD. 16-4676, REZONING MULTIPLE PROPERTIES ENCOMPASSING PORTIONS OF THE 500 BLOCKS OF IOWA AVENUE, COLLEGE STREET, WASHINGTON STREET AND BURLINGTON STREET FROM CENTRAL BUSINESS SUPPORT (CB -5), CENTRAL BUSINESS SERVICE (CB -2) AND NEIGHBORHOOD STABILIZATION RESIDENTIAL (RNS-20) TO EASTSIDE MIXED USE (EMU) (REZ16- 00006). Waive second consideration. PASSED AND ADOPTED. ITEM 6. PUBLIC HEARING: Closed. RES. 16-278, AMENDING THE FY2017 OPERATING BUDGET. Official Actions September 20, 2016 Page 3 ITEM 7. PUBLIC HEARING: Closed. RES. 16-279, DECLARING THE CITY'S INTENT TO FUND THE FINAL DESIGN AND ACQUIRE PROPERTY FOR THE HEBL AVENUE IMPROVEMENTS PROJECT. ITEM 8. Ordinance amending Title 2 of the City Code, entitled "Human Rights," to remove the references to "Housing Accommodation," update references to "men and women," and clarify time periods. FIRST CONSIDERATION. ITEM 9. Ordinance amending title 4, Alcoholic Beverages, Chapter 5, Prohibitions and Restrictions, Section 8, persons under the legal age in licensed or permitted establishments, Subsection B, Paragraph B, referencing the city's under 21 law, to shorten the review and revocation periods for compliance check failures for holders of exception certificates. SECOND CONSIDERATION. ITEM 10. ORD. 16-4677, AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 11, ENTITLED "FARMER'S MARKET," TO REQUIRE THAT THE RULES ADDRESS VENDOR SELECTION AND TO ELIMINATE THE REQUIREMENT THAT GRILLING VENDORS PROVIDE SUBSTANTIALLY DIFFERENT FOODS. Waived second consideration. PASS AND ADOPTED. ITEM 11. ANNOUNCEMENT OF VACANCIES. Previous: Human Rights Commission for an unexpired term plus a three year term upon appointment — January 1, 2020; Human Rights Commission for an unexpired term plus a three year term upon appointment — January 1, 2020; Applications must be received by 5:00 p.m., Wednesday, September 28, 2016. Airport Zoning Commission for an unexpired term upon appointment — December 31, 2021; Airport Zoning Brd of Adjustment for an unexpired term, upon appointment - December 31, 2020; Airport Zoning Brd. of Adjustment for an unexpired term, upon appointment — December 31, 2018 (Formerly advertised); Historic Preservation Commission for a Jefferson St. representative to fill three-year term, March 29, 2016 — July 1, 2019 (New District formed). Applications must be received by 5:00 p.m., Wednesday, October 12, 2016. New: Appeals, Board of, for a five-year term January 1, 2017 - December 31, 2021; Board of Adjustment for a five-year term, January 1, 2017 — January 1, 2022; Human Rights Commission for a three year term January 1, 2017 — January 1, 2020; Parks and Recreation Commission for two vacancies to fill four year terms January 1, 2017 — January 1, 2021; Public Art Advisory Committee for two vacancies to fill three-year terms, January 1, 2017 — January 1, 2020; Senior Center Commission for two vacancies to fill three-year terms, January 1, 2017 — December 31, 2020; Telecommunications Commission for an unexpired term, upon appointment — July 1, 2017. Correspondence accept from Alexa Homewood -Weldon. Applications must be received by 5:00 p.m., Wednesday, October 26, 2016. Adjourned to work session 7:50 p.m. A more complete description of Council Activities and disbursements is on file in the office of the City Clerk and Finance Department. s/James A. Throgmorton, Mayor s/Marian K. Karr, vCit y Clrk Su fitted for publication — 9/ 9/26/16. 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 SEPTEMBER 20, 2016 Iowa City City Council meeting, 7:00 p.m. at City Hall. Mayor Throgmorton presiding. Council Members present: Botchway, Cole, Dickens, Mims, Taylor, Thomas, Throgmorton. Absent: None. Staff Members present: Fruin, Andrew, Dilkes, Karr, Howard, Knoche, Yapp Bockenstedt, Scott, Bowers. The Mayor proclaimed: Food Rescue Week With Table to Table — Last week of September; Bob Andrlik, Table to Table Executive Director accepting; Constitution Week — September 17 — 23, Cathy Schiele, Pilgrim Chapter of Daughters of the American Revolution, accepting. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Mims, 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; September 6 Work Session; September 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 Commission — June 16; Airport Commission — July 21; Airport Commission — August 5; Community Police Review Board — August 17; Planning and Zoning Commission — August 4. Permit Motions and resolutions as recommended by the City Clerk: Renewal: Special Class C Liquor License for Angela, Inc., dab Masala, 9 S. Dubuque St.; Class C Liquor License for Corner of the Meadow, Inc., dba Motley Cow Cafe, 160 N. Linn St.; Class C Liquor License for Mondo's of Iowa City, Inc., dba Joseph's Steakhouse, 212 S. Clinton St.; Class C Liquor License for Corridor Entertainment LC, dab Studio 13,13 S. Linn St.; RES. 16-271, TO ISSUE DANCING PERMIT to Corridor Entertainment LC., dba Studio 13, 13 S. Linn St.; Blue Moose, Inc., dba Blue Moose, 211 Iowa Ave.; Class C Liquor License for Blue Moose, Inc., dba Blue Moose, 211 Iowa Ave.; Class C Liquor License for Jaffrey, Inc., dba DC's, 124 S. Dubuque St.; Class C Beer Permit adding Native Wine for Delimart Properties, Inc., dba Deli Mart #3, 240 Mormon Trek Blvd.; Class C Beer Permit adding Native Wine for Delimart Properties, Inc., dba Deli Mart #5, 206 E. Benton St. Ownership Change: Class C Liquor License for Caffrey, Inc., dba DC's, 124 S. Dubuque St.; Class C Liquor License for Blue Moose, Inc., dba Blue Moose, 211 Iowa Ave. New: Five -Day Class B Beer Permit for Summer of the Arts Inc., dba Political Party IC, 7 S. Dubuque St.; Outdoor Service Area for Summer of the Arts Inc., dba Political Party IC, 7 S. Dubuque St. Resolutions and Motions: RES. 16-272, APPROVING AN AGREEMENT BETWEEN THE CITY AND SUMMER OF THE ARTS, INC. TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER DURING POLITICAL PARTY IC EVENT; RES. 16-273, APPROVING THE CITY STREET FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30,2016; RES. 16-274, AUTHORIZING PROCUREMENT OF A MICROSOFT ENTERPRISE AGREEMENT FOR THE CITY OF IOWA CITY; RES. 16-275, ACCEPTING THE WORK FOR THE CITY OF IOWA CITY PARKING GARAGE MAINTENANCE PROGRAM 2015 PROJECT; RES. 16-276, ACCEPTING THE WORK FOR THE Complete Description September 20, 2016 Page 2 COURT HILL PARK SIDEWALK INFILL PROJECT; Approve disbursements in the amount of $36,670,619.34 for the period of July 1 through July 30, 2016, as recommended by the Finance Director subject to audit; Approve disbursements in the amount of $10,678,504.03 for the period of August 1 through August 31, 2016, as recommended by the Finance Director subject to audit. Setting Public Hearings: Setting a public hearing for October 4, 2016, on an ordinance amending 1-9-313 of the Code of Ordinances to add recently annexed property to precincts 8, 10 and 24; RES. 16-277, SETTING A PUBLIC HEARING ON OCTOBER 4, 2016 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PCC PAVEMENT REHABILITATION 2016 PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; Setting a public hearing for October 4, 2016 to consider an ordinance renewing the franchise granted to MidAmerican Energy Company, its successors and assigns, to acquire, construct, erect, maintain and operate in the City of Iowa City, an electric light and power system to furnish, deliver and sell electric energy to said city and its inhabitants for a period of ten years; Setting a public hearing for October 4, 2016 to consider an ordinance renewing the franchise granted to MidAmerican Energy Company, its successors and assigns, to acquire, construct, erect, maintain and operate in the City of Iowa City, a natural gas system to furnish, deliver and sell natural gas to said city and its inhabitants for a period of ten years. Correspondence: Alisa Meggitt regarding Sunday transportation service; Kathryn Kunert, MidAmerican Energy regarding Letter of support for renewal of Iowa City Franchises; R. J. Johnson regarding Enforcement of laws regarding no bikes or skateboards on City sidewalks and Ped Mall; Candice Odell regarding Oklahoma Supreme Court and various issues; Fred Meyer regarding Edible Classroom Ribbon Cutting on September 17; Sue Rhomberg regarding Rent Like A Champion Poaching Bait and Switch [Staff response included); Sally Scott regarding Memo on Affordable Housing Action Plan; Thomas Baldridge (x2) regarding Speed Limits in town; Acting Sr. Transportation Engr. Planner regarding Installation of (2) STOP signs on E. Court Street at S Linn Street; Acting Sr. Transportation Engr. Planner: Installation of NO PARKING ANY TIME signs on the east and west sides of Naples Avenue. Roger Knight, 320 E. Washington St., wished Mayor Pro tem Botchway an early Happy Birthday; raised concerns on the sidewalk pedestrian width in front of eating establishments in the 100 block of Washington St.; and reported his feeling of bothering the Police Department when you call for assistance. John Kirby appeared requesting a 1971 video taken by the Police Department; City Manager's office will follow-up. Jacob Simpson, UISG Council Liaison, read a statement regarding the recommendation to exempt the Downtown and the University Impact Area from the Affordable Housing Location Mode; and will provide comments in written form for the record. Moved by Mims, 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. 16-4675, AMENDING TITLE 14: ZONING TO ESTABLISH FORM -BASED ZONING STANDARDS FOR THE EAST SIDE MIXED USE ZONE AND TO CLARIFY AND REFINE CERTAIN PROVISIONS THAT APPLY DOWNTOWN AND Complete Description September 20, 2016 Page 3 IN THE RIVERFRONT CROSSINGS DISTRICT.be voted on for final passage at this time. Moved by Mims, seconded by Botchway, that the ordinance be finally adopted at this time. Moved by Mims, seconded by Botchway, 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. 16-4676, ORDINANCE REZONING MULTIPLE PROPERTIES ENCOMPASSING PORTIONS OF THE 500 BLOCKS OF IOWA AVENUE, COLLEGE STREET, WASHINGTON STREET AND BURLINGTON STREET FROM CENTRAL BUSINESS SUPPORT (CB -5), CENTRAL BUSINESS SERVICE (CB -2) AND NEIGHBORHOOD STABILIZATION RESIDENTIAL (RNS-20) TO EASTSIDE MIXED USE (EMU) (REZ16-00006) be voted on for final passage at this time. Moved by Mims, seconded by Botchway, that the ordinance be finally adopted at this time. A public hearing was held on a resolution amending the FY2017 Operating Budget. Finance Director Bockenstedt present for discussion. Moved by Botchway, seconded by Dickens, to adopt RES. 16-278, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2017. A public hearing was held on a resolution declaring the city's intent to fund the final design and acquire property for the Heb] Avenue Improvements Project. No one appeared. Moved by Botchway, seconded by Dickens, to adopt RES. 16-279, DECLARING THE CITY'S INTENT TO FUND THE FINAL DESIGN AND ACQUIRE PROPERTY FOR THE HEBL AVENUE IMPROVEMENTS PROJECT. Moved by Mims, seconded by Botchway, that the ordinance amending Title 2 of the City Code, entitled "Human Rights," to remove references to "Housing Accommodation," update references to "men and women," and clarify time periods, be given first vote. Moved by Mims, seconded by Botchway, that the ordinance amending Title 4, Alcoholic Beverages, Chapter 5, Prohibitions and Restrictions, Section 8, persons under the legal age in licensed or permitted establishments, Subsection B, Paragraph B, referencing the city's under 21 law, to shorten the review and revocation periods for compliance check failures for holders of exception certificates, be given second vote. Individual Council Members expressed their views. City Manager Fruin stated that staff would be discussing the proposed ordinance at an upcoming Partnership for Alcohol Safety meeting and report back prior to adoption. Moved by Mims, seconded by Botchway, 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. 16-4677, AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 11, ENTITLED "FARMER'S MARKET," TO REQUIRE THAT THE RULES ADDRESS VENDOR SELECTION AND TO ELIMINATE THE REQUIREMENT THAT GRILLING VENDORS PROVIDE SUBSTANTIALLY DIFFERENT FOODS, be voted on for final passage at this time. Moved by Mims, seconded by Botchway, that the ordinance be finally adopted at this time. The Mayor noted the previously announced vacancies on Boards and Commissions: Human Rights Commission for an unexpired term plus a three year term upon appointment — January 1, 2020; Human Rights Commission for an unexpired term plus a three year term upon appointment — January 1, 2020. Applications must be received Complete Description September 20, 2016 Page 4 by 5:00 p.m., Wednesday, September 28, 2016; Airport Zoning Commission for an unexpired term upon appointment — December 31, 2021; Airport Zoning Brd of Adjustment for an unexpired term, upon appointment - December 31, 2020; Airport Zoning Brd. of Adjustment for an unexpired term, upon appointment — December 31, 2018 (Formerly advertised); Historic Preservation Commission for a Jefferson St. representative to fill three-year term, March 29, 2016 — July 1, 2019 (New District formed). Applications must be received by 5:00 p.m., Wednesday, October 12, 2016. The Mayor noted the current vacancies: Appeals, Board of, for a five-year term January 1, 2017 - December 31, 2021; Board of Adjustment for a five-year term, January 1, 2017 — January 1, 2022; Human Rights Commission for a three year term January 1, 2017 — January 1, 2020; Parks and Recreation Commission for two vacancies to fill four year terms January 1, 2017 — January 1, 2021; Public Art Advisory Committee for two vacancies to fill three-year terms, January 1, 2017 — January 1, 2020; Senior Center Commission for two vacancies to fill three-year terms, January 1, 2017 — December 31, 2020; Telecommunications Commission for an unexpired term, upon appointment — July 1, 2017. Moved by Botchway, seconded by Mims, to accept correspondence from Alexa Homewood -Weldon. Applications must be received by 5:00 p.m., Wednesday, October 26, 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.] Council Member Cole reported on his attendance at the City High -West football game the previous week and the level of competition. Council Member Dickens stated he attended the Hancher pre -concert last Friday evening with 3,000-5,000 people and reported Hancher was back. Mayor Pro tem Botchway shared information on the 30 Hours Teach -In he participated in with Mayor Throgmorton; and upcoming Cyclocross and Brew fest events. Council Member Mims reported that she and Mayor Pro tem Botchway participated in the United Way food packaging event; attended a number of University of Iowa Inspiration week events including an open house at the driving simulator; participated in a Neighborhood Council meeting on September 14 with Council Member Cole; and shared observation of spending a week -end in Washington, D.C. Council Member followed up with comments on the Neighborhood Council meeting by stating that short term rental do require bed and breakfast permit. Council Member Thomas shared information on attending the Iowa League of Cities meeting with Mayor Throgmorton; lunch with Des Moines Mayor Cownie and Dysart Mayor Thiele; and noted the outdoor concert at Hancher. Mayor Throgmorton followed up on the League of Cities meeting, noting that he had met Waterloo Mayor Hart at the conference and suggested visiting each other's city. Mayor Pro tem Botchway stated Mayor Hart was the first African American mayor of Waterloo. Council Member Taylor reported on her attendance at the Hancher ribbon cutting; and stated she would be attending an Invest Health Group meeting in Denver later in September representing one of 50 cities selected looking into correlation between heath and affordable housing. Complete Description September 20, 2016 Page 5 Mayor Throgmorton noted the World Cup Cyclocross events and the kick-off planned for Terry Trueblood Park on the 22"d; OktoberFest events on North Linn Street on Saturday the 24th; and reported on the work session held earlier in the evening when Council provided staff direction on proceeding with the Affordable Housing Action Plan, and acknowledged the Housing and Community Development Commission for their review. City Manager Fruin presented an overview of the activities planned for the World Cup Cyclocross event, and thanked the Convention and Visitors Bureau and community volunteers for their efforts. Moved by Botchway, seconded by Dickens, to adjourn regular meeting at 7:50 p.m. back to work session. James A. Throgmorton, Mayor Marian K. Karr, City Clerk