HomeMy WebLinkAbout2013-04-09 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
APRIL 9, 2013
Iowa City City Council Special meeting, 7:00 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton. Absent: None. Staff members present: Markus, Fruin, Dilkes,
Karr, Bentley, Bockenstedt, Reichart, Davidson.
The Mayor presented Outstanding Student Citizenship Awards to Lucas Elementary
students: Nhan Ha To, Cade Hanrahan, and Kate Goodvin.
The Mayor proclaimed: Barbershop Harmony Week — April 7 -13, David Keeley
accepting; Bill Sackter Day — April 13, Gretchen Gentsch accepting; Days of
Remembrance — April 7 -14, Human Rights Commissioner Katy Anthony accepting;
National Service Recognition Day — April 9, Jean Kuehl, Assistant Director 6th Judicial
District Department of Correctional Services and Susan Wehr, Ex. Dir. Elder Services
accepting; Strive for Success Day — April 20, Caleb Thomas accepting.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Dobyns, seconded by Throgmorton, that the items and recommendations
in the Consent Calendar be received, or approved, and /or adopted as amended and to
delete from the Consent Calendar for separate consideration item 4d(14) the Resolution
approving an agreement for the relocation of utilities necessary for the Rocky Shore
Drive Pump Station Project.
Approval of Council Actions, subject to corrections, as recommended by the City
Clerk: March 19 Council Work Session; March 19 Council 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 — February 13; Historic Preservation Commission — February 14;
Historic Preservation Commission — March 1; Human Rights Commission — January
28; Human Rights Commission — February 19; Planning & Zoning Commission
(informal) — March 4; Planning & Zoning Commission (formal) — March 7.
Permit Motions and Resolutions as recommended by the City Clerk. (Renewal):
Class C Liquor License for Iowa City Eastside Cafe, Inc., dba Bob's Your Uncle
Pizza Cafe, 2208 N. Dodge St.; Outdoor Service Area for Iowa City Eastside Cafe,
Inc., dba Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St.; Class C Liquor License
for Iowa City Lodge No. 590 B.P.O. Elks of U.S. A., dba B.P.O. Elks #590, 637
Foster Rd.; Class C Liquor License for The Bandits, LLC, dba El Banditos, 327 E.
Market St.; Class C Liquor License for Sultana, Inc., dba El Dorado Mexican
Restaurant, 1634 Sycamore St.; Class C Liquor License for Ranger Enterprises,
Inc., dba The Deadwood, 6 S. Dubuque St.; Outdoor Service Area for Ranger
Enterprises, Inc., dba The Deadwood, 6 S. Dubuque St.
Resolutions and Motions: RES. 13 -87, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A
MORTGAGE FOR THE PROPERTY LOCATED AT 316 4T" AVENUE, IOWA CITY,
IOWA; RES. 13 -88, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING AN AGREEMENT
AND A MORTGAGE FOR THE PROPERTIES LOCATED AT 3351 WINTERGREEN
AVENUE AND 1904 HANNAH JO COURT, IOWA CITY, IOWA; RES. 13 -89,
Complete Description
April 9, 2013
Page 2
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIENS REGARDING AN AGREEMENT, A MORTGAGE, AND
TWO AMENDMENTS FOR THE PROPERTIES LOCATED AT 1541, 1562, AND
1664 DICKENSON LANE, IOWA CITY, IOWA; RES. 13 -90, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF
LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT
935 DOVER STREET, IOWA CITY, IOWA; RES. 13 -91, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF
LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT
2420 BITTERSWEET COURT, IOWA CITY, IOWA; RES. 13 -92, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE PARTIAL
RELEASE OF AN ACCESS AND DRAINAGE EASEMENT LOCATED ON LOTS 14
AND 15 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION; RES. 13 -93,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIENS REGARDING A CONTRACT AMENDMENT #1,
CONTRACT AMENDMENT #2, AND A MORTGAGE FOR THE PROPERTY
LOCATED AT 1522 DICKENSON LANE, IOWA CITY, IOWA; RES. 13 -94,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 2659 GABLE STREET, IOWA CITY, IOWA; RES. 13-
95, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY
LOCATED AT 513 5T" AVENUE, IOWA CITY, IOWA; RES. 13 -96, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
WELLS FARGO HOME MORTGAGE, CORALVILLE, IOWA FOR PROPERTY
LOCATED AT 115 TAFT SPEEDWAY, IOWA CITY, IOWA; RES. 13 -97,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 2230 HICKORY COURT, IOWA CITY, IOWA; RES. 13-
98, AWARDING CONTRACT to LL Pelling Company for $ 506,060.05 AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR CONSTRUCTION OF THE FY2014 ASPHALT RESURFACING
PROJECT; RES. 13 -99, AWARDING CONTRACT to Iowa Bridge & Culvert, LC for
$ 4,520,160.74 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WEST SIDE
LEVEE PROJECT; RES. 13 -100, ACCEPTING PAYMENT OF $300 CIVIL
PENALTY and WAIVER OF RIGHT OF HEARING FROM IC UGLY'S; RES. 13-
101, ACCEPTING PAYMENT OF $1500 CIVIL PENALTY AND WAIVER OF RIGHT
TO HEARING FROM RED POPPY; RES. 13 -102, ACCEPTING PAYMENT OF
$300 CIVIL PENALTY AND WAIVER OF RIGHT OT HEARING FROM RJ'Z
EXPRESS; RES. 13 -103, ACCEPTING USE OF SECTION 453A.22(2)
AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY DELI MART #2;
RES. 13 -104, ACCEPTING USE OF SECTION 453A.22(2) AFFIRMATIVE
DEFENSE TO TOBACCO CIVIL PENALTY BY DELI MART #3; RES. 13 -105,
ACCEPTING USE OF SECTION 453A.22(2) AFFIRMATIVE DEFENSE TO
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April 9, 2013
Page 3
TOBACCO CIVIL PENALTY BY GASBY'S; RES. 13 -106, ACCEPTING USE OF
SECTION 453A.22(2) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY
BY KUM & GO.
Setting Public Hearings: RES. 13 -107, setting public hearing for April 23, 2013,
on a proposal to convey a single family home located at 426 Church Street; Setting a
public hearing for April 23 on a resolution for a voluntary annexation of
approximately 2 acres of property located near the northeast corner of Scott
Boulevard and American Legion Road (ANN13- 00001); Setting a public hearing for
April 23 on an ordinance conditionally rezoning approximately 2 acres from County
Residential (R) and approximately 2.83 acres from Low - Density Single - Family
Residential (RS -5) to Low - Density Multi - Family Residential (RM -12) located at east of
Scott Boulevard and north of Muscatine Avenue and American Legion Road. (REZ13-
00002 & REZ13- 00003); Setting a public hearing for April 23 on a resolution
approving an amendment to the Comprehensive Plan - South District Plan to change
the land use designation from Multifamily to General Commercial for property
located at the southeast corner of the intersection of Highway 6 and Broadway
Street (Casey's); Setting a public hearing for April 23 on an ordinance conditionally
rezoning property from Commercial Office (CO -1) Zone to Community Commercial
(CC -2) Zone and amending the conditional zoning agreement for approximately
2.31 -acres of property currently zoned CC -2 and CO -1 located at the southeast
corner of the intersection of Broadway Street and Highway 6 (Casey's) (REZ13-
00005); Setting a public hearing for April 23 on an ordinance conditionally rezoning
approximately 7.09 acres to amend the Sensitive Areas Development plan to allow a
reduction in the previously approved wetland buffer on property located adjacent to
2845 Mormon Trek Boulevard (Billion) (REZ12- 00032); Setting a public hearing for
April 23 on an ordinance rezoning approximately 27.8 acres located west of Mormon
Trek Boulevard and north of Hawkeye Park Road from Institutional Public (P -2) to
Institutional Public /Medium- Density Multi- Family (P- 2 /RM -20) (REZ13- 00001); Setting
a public hearing for April 23 on an ordinance amending Title 14: Zoning to define
rooming house cooperatives as a type of fraternal group living use and to specify
that fraternal group living uses are allowed by special exception in the RNS -20 Zone
and to modify the residential density and parking standards for said uses to be
consistent with the density and parking standards for multi - family uses; Setting a
public hearing for April 23 on an ordinance amending Title 14: Zoning Code to
establish parking location standards and entranceway standards that will reduce the
visual impact of structured and surface parking areas along residential streets in
multifamily zones; RES. 13 -108, FIXING DATE of April 23 FOR A MEETING ON
THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $6,500,000
GENERAL OBLIGATION BONDS, SERIES 2013A, (FOR AN ESSENTIAL
CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 13 -109, FIXING
DATE of April 23 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE
OF NOT TO EXCEED $375,000 OF GENERAL OBLIGATION BONDS SERIES
2013A (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF; RES. 13 -110, FIXING DATE of April 23
FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO
EXCEED $625,000 OF GENERAL OBLIGATION BONDS, SERIES 2013A (FOR A
GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF
Complete Description
April 9, 2013
Page 4
NOTICE THEREOF; RES. 13 -111, FIXING DATE of April 23 FOR A MEETING ON
THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $570,000 OF
GENERAL OBLIGATION BONDS, SERIES 2013A (FOR A GENERAL
CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE
THEREOF.
Correspondence: Ryan Durbin; Marybeth Slonneger; Amanda Owen Van Horne
(x2); Kristin Johnson; Bobbie Paxton, Nancy Adams - Cogan, Michael Briggs, Sonia
Ettinger, Cory Nelson regarding The Chauncey (Moen Building)/Workforce Housing;
Martha Norbeck regarding Bicycles on Burlington Street Bridge [Staff memo
included]; Billy Joe Parker regarding National Prohibitionist January Newsletter; Billy
Joe Parker regarding Communities and Governments Responsible; Billy Joe Parker
regarding Fields of the Wood; Billy Joe Parker regarding Happy Trails in Georgia -
March April; Carol deProsse and Caroline Dieterle (X2) regarding Two At the Fringe
— ICPD Recruitment Video; Melvin Kelly regarding 2013 Summer Youth Projects;
Kayla Cress regarding Trash Can screening — no thanks; Aleksey Gurtovoy
regarding Invitation to a Public Forum on Traffic Surveillance and Drones; Mary
Knudson regarding Iowa City Co- Housing proposal [Staff response included]; Brian
Flanagan regarding Dining Outside; Melvin Kelly regarding West Nile Virus; Carol
deProsse regarding Police Recruitment Video; Tom Novak regarding Normandy
Drive extension into City Park; Ann Christenson regarding Comprehensive Plan
comment; James Walker regarding Petition Filed to Ban Traffic — Cameras; Acting
Traffic Engineering Planner regarding Designation of a Motorcycle / Scooter Parking
Only area in the 10 Block of Lincoln Avenue on the east side of the street.
Council Member Payne abstained due to a conflict of interest on the next item.
Moved by Mims, seconded by Dickens, to adopt RES. 13 -112, APPROVING AN
AGREEMENT TO PURCHASE CRANDIC PARK AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO AGREEMENTS FOR THE RELOCATION OF UTILITIES
NECESSARY FOR THE ROCKY SHORE DRIVE PUMP STATION PROJECT. The
Mayor declared the motion carried unanimously, 6/0/1, Payne abstaining.
Elsie Gauley Vega, 320 E. Washington St., appeared regarding the proposed
Chauncey building at the corner of Gilbert and College Streets. Mary Gravitt, 2714
Wayne Avenue, appeared regarding wording in the Days of Remembrance
proclamation; SEATS; and elimination of "workforce housing" from the City vocabulary.
Rick Holderness appeared regarding a house sale in 1972. Senior Center
Commissioner Jay Honohan updated Council on activities at the Center.
A public hearing was held on an ordinance rezoning 0.78 acres of land located at
1105 Gilbert Court (Crisis Center) from Public (P -1) to Intensive Commercial (CI -1)
(REZ13- 00006). PCD Dir. Davidson presented a power point. The Mayor requested
Council Members report any ex parte communications and none were reported.
Moved by Throgmorton, seconded by Mims, that the ordinance rezoning .78 acres
located at 1105 Gilbert Court from Public (P -1) to Intensive Commercial (CI -1) (REZ13-
00006), be given first vote. Individual Council Members expressed their views.
A public hearing was held on an ordinance conditionally rezoning 2.12 acres of land
located south of Highway 1 west, east of Ruppert Road from Intensive Commercial (CI-
1) Zone to Community Commercial (CC -2) Zone (REZ13- 00007). The Mayor requested
Council Members report any ex parte communications and none were reported. PCD Dir.
Davidson presented a power point. Mary Gravitt, 2714 Wayne Avenue, appeared.
Individual Council Members expressed their views.
Complete Description
April 9, 2013
Page 5
Moved by Champion, seconded by Payne, that the ordinance conditionally rezoning
2.12 acres located south of Highway 1 west, east of Ruppert Road from Intensive
Commercial (CI -1) Zone to Community Commercial (CC -2) Zone (REZ13- 00007), be
given first vote. Individual Council Members expressed their views. The Mayor declared
the motion carried, 6/1, with the following division of roll call vote: Ayes: Hayek, Mims,
Payne, Champion, Dickens, Dobyns. Nays: Throgmorton.
A public hearing was held on an ordinance vacating air rights and subterranean
rights for portions of public right -of -way located on George Street between Benton
Street and Oakcrest Street (Oaknoll Skywalk) (VAC13- 00002). PCD Dir. Davidson
presented a power point. Individual Council Members expressed their views.
Moved by Dobyns, seconded by Payne, that the ordinance vacating air rights and
subterranean rights for portions of public right -of -way located on George Street between
Benton Street and Oakcrest Street (Oaknoll Skywalk) (VAC13- 00002), be given first
vote. Individual Council Members expressed their views.
A public hearing was held on an ordinance amending Title 4 of the Zoning Code to
modify the process for delineating woodland buffers and counting preserved trees and
woodlands toward any tree replacement or mitigation requirements. PCD Dir. Davidson
present for discussion.
Moved by Champion, seconded by Payne, that the ordinance amending Title 4 of
the Zoning Code to modify the process for delineating woodland buffers and counting
preserved trees and woodlands toward any tree replacement or mitigation
requirements, be given first vote.
A public hearing was held on a resolution amending the Central District Plan Map
designation from Office Commercial to High Density Multi - Family Residential for property
located at 821 E. Jefferson Street; and on an ordinance conditionally rezoning
approximately 0.465 acres of land from Commercial Office (CO -1) Zone to High Density
Multifamily (RM -44) Zone for property located at 821 E. Jefferson Street (REZ12-
00030). PCD Dir. Davidson presented a power point. The Mayor requested Council
Members report any ex parte communications and Council Member Throgmorton and
Mayor Hayek reported. Individual Council Members expressed their views. The following
individuals appeared: Nancy Carlson, 1002 E. Jefferson; Sarah Clark, 509 Brown Street;
and applicant Jeff Clark, 414 E. Market Street.
Moved by Payne, seconded by Dickens, to adopt RES. 13 -113, AMENDING THE
CENTRAL DISTRICT PLAN MAP DESIGNATION FROM OFFICE COMMERCIAL TO
HIGH DENSITY MULTI - FAMILY RESIDENTIAL FOR PROPERTY LOCATED AT 821 E.
JEFFERSON STREET. Individual Council Members expressed their views.
A public hearing was held on an ordinance conditionally rezoning approximately
0.465 acres of land from Commercial Office (CO -1) Zone to High Density Multifamily
(RM -44) Zone for property located at 821 E. Jefferson Street (REZ12- 00030). The
Mayor noted that ex parte communications and comments received at the previous
item's public hearing would be considered as part of this hearing as well.
Moved by Dobyns, seconded by Dickens, that the ordinance conditionally rezoning
approximately 0.465 acres of land from Commercial Office (CO -1) Zone to High Density
Multifamily (RM -44) Zone for property located at 821 E. Jefferson Street (REZ12-
00030), be given first vote.
Moved by Mims, seconded by Payne, that the ordinance amending Subsection 14-
4B-4A, Paragraph 7, of the Zoning Code to allow multi - family dwelling units to be
located on or below the street level floor of a building by special exception in the CB -5
Complete Description
April 9, 2013
Page 6
Zone for buildings designated as an Iowa City Historic Landmark, be given second
vote.
Moved by Payne, seconded by Dickens, that the ordinance rezoning approximately
.09 acres located at 529 S. Gilbert Street as an Iowa City Historic Landmark (REZ13-
00008), be given second vote.
Moved by Payne, seconded by Mims, that ORD. 13 -4519, AMENDING SECTION
14 -4E -8 OF THE ZONING CODE TO MODIFY HOW NONCONFORMING
DEVELOPMENT IS REGULATED, be passed and adopted.
Moved by Champion, seconded by Mims, that ORD. 13 -4520, AMENDING
SECTION 14 -413-12 AND TABLE 2C -1 OF THE ZONING CODE TO INCLUDE NEW
STANDARDS FOR QUICK VEHICLE SERVICING USES IF LOCATED IN THE
TOWNCREST DESIGN REVIEW DISTRICT OR THE RIVERFRONT CROSSINGS
DISTRICT, be passed and adopted.
Moved by Mims, seconded by Payne, to adopt RES. 13 -114, RESOLUTION
APPROVING THE FINAL PLAT OF MACKINAW VILLAGE PART FIVE, IOWA CITY,
IOWA.
A hearing was held on a resolution assessing a $300.00 Civil Penalty against Alsafa
Market, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty.
Andy Chappell present for discussion. Owner Nasrel Ahmed - Ibrahim appeared.
Individual Council Members expressed their views.
Moved by Dobyns, seconded by Payne, to adopt RES. 13 -115, ASSESSING A
$300.00 CIVIL PENALTY AGAINST ALSAFA MARKET, and amend the resolution to
provide a three month payment of the civil penalty.
A hearing was held on a resolution assessing a $300.00 Civil Penalty against the
Spirit Tobacco and more d /b /a Hookah Cove, pursuant to Iowa Code Section
453A.22(2) (2013.) Asst. Johnson County Atty. Andy Chappell present for discussion.
Moved by Payne, seconded by Mims, to adopt RES. 13 -116, ASSESSING A
$300.00 CIVIL PENALTY AGAINST HOOKAH COVE.
Moved by Champion, seconded by Throgmorton, to adopt RES. 13 -117,
ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO
HEARING FROM THE IN ZONE.
A hearing was held on a resolution assessing a $300.00 Civil Penalty against Kum &
Go #52, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty.
Andy Chappell present for discussion.
Moved by Payne, seconded by Dickens, to adopt RES. 13 -118, ASSESSING A
$300.00 CIVIL PENALTY AGAINST KUM & GO #52.
A hearing was held on a resolution assessing a $300.00 Civil Penalty against
Southside Liquor and Tobacco, pursuant to Iowa Code Section 453A.22(2) (2013). Asst.
Johnson County Atty. Andy Chappell present for discussion.
Moved by Payne, seconded by Dickens, to adopt RES. 13 -119, ASSESSING A
$300.00 CIVIL PENALTY AGAINST SOUTHSIDE LIQUOR AND TOBACCO.
A hearing was held on a resolution assessing a $300.00 Civil Penalty against The
Convenience Store, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson
County Atty. Andy Chappell present for discussion.
Moved by Payne, seconded by Dickens, to adopt RES. 13 -120, ASSESSING A
$300.00 CIVIL PENALTY AGAINST THE CONVENIENCE STORE.
Complete Description
April 9, 2013
Page 7
A hearing was held on a resolution assessing a $300.00 Civil Penalty against
Tobacco Bowl, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson
County Atty. Andy Chappell present for discussion.
Moved by Payne, seconded by Dickens, to adopt RES. 13 -121, ASSESSING A
$300.00 CIVIL PENALTY AGAINST TOBACCO BOWL.
A hearing was held on a resolution assessing a $300.00 Civil Penalty against
Zombies, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County
Atty. Andy Chappell present for discussion.
Moved by Payne, seconded by Dickens, to adopt RES. 13 -122, ASSESSING A
$300.00 CIVIL PENALTY AGAINST ZOMBIES.
Moved by Mims, seconded by Payne, that the rule requiring ordinances to be
considered and voted on for final passage at two Council meetings prior to the meeting
at which it is to be finally passed be suspended, the second consideration and vote be
waived, and that ORD. 13 -4521, AMENDING TITLE 10 OF THE CITY CODE,
ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 1, ENTITLED "PARADES
AND PUBLIC ASSEMBLIES," TO ALLOW STAFF TO APPROVE AMPLIFIED SOUND
IN CITY PARKS, be voted on for final passage at this time. Moved by Mims, seconded
by Dickens, that the ordinance be finally adopted at this time.
The Mayor noted the previously announced vacancies to Boards and Commissions:
Airport Zoning Brd of Adjustment for a five -year term January 1, 2012 - December 31,
2016 (New full term); Airport Zoning Brd of Adjustment for a five -year term January 1,
2009 - December 31, 2013; Airport Zoning Commission for a six -year term January 1,
2010 — December 31, 2015; Airport Zoning Commission for a six -year term January 1,
2012 — December 31, 2017 (New full term); Historic Preservation Commission for a
Jefferson St. representative to fill three -year terms, March 29, 2013 — March 29, 2016
(New District formed); Housing & Community Development Commission for an
unexpired term, effective upon appointment, ending September 1, 2015; Planning &
Zoning Commission for a five -year terms, May 1, 2013 — May 1, 2018. Applications
must be received by 5:00 p.m., Wednesday, April 17, 2013. Library, Board of Trustees
for three vacancies for six -year terms, July 1, 2013 — July 1, 2019. Applications must be
received by 5:00 p.m., Wednesday, May 8, 2013. Applicants MUST reside in Iowa City
and be 18 years of age unless specific qualifications are stated. [Staff will not publish
additional notices after a period of six publications; but will continue to advertise
vacancies with postings and on the Council agenda. However, no additional publication
costs will be incurred.]
Council Member Payne stated that April was "National Dig Safely Month" and
reminded everyone to call 811 before excavating or digging.
Council Member Throgmorton invited citizens to attend a presentation by Julio Perez
Hernandez "Havana the Magic Of Architecture and the Poetry of Design" scheduled on
April 10; and stated he grew up in Louisville, Kentucky, and acknowledge the University
of Louisville Cardinals on their NCAA Basketball Tournament win.
Mayor Hayek reported on another successful year for the Mission Creek Festival.
Moved by Payne, seconded by Mims, to adjourn meeting 9:40 p.m.
k - 4�a�
Mari'AKK. Karr, City Clerk
Matthew J. Hayek, Mayor
CITY OF IOWA CITY aa�
MEMORANDUM -'
Date: April 1, 2013
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, March 19, 2013, 5:00 PM in Emma J. Harvat Hall
Council: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton
UISG: Bramel
Staff: Markus, Fruin, Dulek, Karr, Davidson, Fosse, Bockenstedt, O'Brien, Moran,
Boothroy, Laverman
(A complete transcription and power point presentations are available in the City Clerk's Office
and the City website)
QUESTIONS FROM COUNCIL REGARDING AGENDA ITEMS
1. (Consent Calendar # 2d(4) — Iowa City Fire Station No. 4... rescinding Resolution 12 -522
and accepting work ....) In response to Council Member Payne, Public Works Dir. Fosse
stated the overall project came in lower than initially estimated.
2. (Consent Calendar #2d(5) - Police Citizens Review Board Extension.. Complaint # 12 -06) In
response to Council Member Payne, City Clerk Karr reported that the PCRB did recommend
a change in the ordinance to provide for a 90 day review period but the Diversity Committee
recommended the review remain at 45 days. She added that the Diversity Committee
recommendations are scheduled for the April 9 work session.
3. (Consent Calendar # 2d(8) - setting of Planning & Zoning public hearings ... resolution ...
establishing order of business at formal Council meetings) City Manager Markus stated the
staff initiated request was to acknowledge the action of setting the hearing was usually
without discussion, and would group all setting of hearing onto the Consent Calendar.
4. (Consent Calendar # 2e(2) — Correspondence ... Amanda Owen Van Horne ... Workforce
Housing) In response to Council Member Throgmorton, PCD Dir. Davidson and City
Manager Markus clarified previous discussions requiring developers in downtown or
Riverfront Crossings to offer workforce housing units priced at the 60% to 120% of area
median income (AMI) range. [Item discussed again after item 5 below]
5. (Agenda Item # 6 — Appeal Mobile Vending Cart ... application for permit to operate ... on
City Plaza or Iowa Avenue) In response to Council Member Throgmorton, Asst. City Atty.
Dulek outlined the procedure.
BOARD AND COMMISSION APPOINTMENTS (Agenda # 8)
Airport Zoning Brd of Adjustment — re- advertise
Airport Zoning Brd of Adjustment — re- advertise
Airport Zoning Commission — re- advertise
Council Work Session
March 19, 2013
Page 2
Airport Zoning Commission — re- advertise
Airport Commission — appoint Paul Hofineyer; re- advertise
Historic Preservation Commission — re- advertise
Planning & Zoning Commission — re- advertise
DISCUSS RFP FOR ALTERNATE TECHNOLOGIES FOR SOLID WASTE DISPOSAL (IC
LANDFILL
Public Works Dir. Fosse presented a power point
ACTION: Proceed with RFP for professional services to assist with selection of alternate
waste disposal technologies. (Fosse)
STRATEGIC PLAN UPDATE — NEIGHBORHOOD STABILIZATION fIP31
Asst. to the City Manager presented a power point. PCD Dir. Davidson and Senior Building
Inspector Laverman present for discussion. Senior Building Inspector Laverman presented a
demonstration of the City's mobile application currently being piloted by Housing & Inspection
Services (HIS) which enables the public to convey concerns 24/7, and the City respond and
track issues.
ACTION: None at this time.
INFORMATION PACKET DISCUSSION [March 7,14]
➢ March 7
1. (IP2 —Ad Hoc Diversity Committee Recommendations — March 2013 and IP3 - Iowa
Department of Human Rights Report to Johnson County Officials "Local Discussions
Related to Disproportionate Minority Contact ".) In response to Council, City Manager
Markus and City Clerk Karr outlined the proposed schedule of presentation of the
recommendations from the Ad Hoc Committee, and the overview of the State report.
➢ March 14
(IP9 — Memo from City Engr. Gateway Project) In response to Council Member
Throgmorton, Public Works Dir. Fosse reaffirmed the information was based on the
maximum the project could be built and Council would be discussing the size of the
project in subsequent discussions.
MEETING SCHEDULE AND COUNCIL TIME
The following confirmations and adjustments were discussed in the KXIC Radio show
schedule:
March 20 - Dobyns
March 27 - Champion
April 3 - Mims
April 10 - Dickens
April 17 - Throgmorton
2. (Late distribution — Joint Meeting request from Johnson County) City Clerk Karr noted the
email from Johnson County distributed Tuesday requested input on scheduling of a joint
meeting. Majority agreed to April 29 date. City Clerk Karr will respond to Johnson County.
Council Work Session
March 19, 2013
Page 3
3. Council Member Throgmorton reported he would be holding a "Listening Post" at Panera's
at Sycamore Mall on March 22.
4. Council Member Throgmorton noted the sudden death of Ann Bovbjerg, a former Planning &
Zoning Commissioner, retired University Professor, volunteer for Cable television, and active
community member.
5. Council Member Throgmorton acknowledged West High School had just won the State
Basketball Tournament. Council Member Dobyns will reference it during Council time at the
formal meeting.
6. Mayor Hayek reported he was also going to mention another West High student who won a
Siemens Foundation Scholarship at the formal meeting.
UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS
None
Meeting adjourned 6:35 PM.
"Mr-ri-
4a(2)
Subject to change as finalized b the City Clerk. For a final official co
1 9 Y tY 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 — 3/19/13
Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton. Absent: None.
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: March 5 Council Work Session; March 5 Council Special Formal Official &
Complete; March 5 Council 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
Diversity Committee — February 25; Ad Hoc Diversity Committee — March 4; Airport
Commission — January 17; Board of Adjustment — January 9; Historic Preservation
Commission — January 10; Housing & Community Development Commission —
January 3; Housing & Community Development Commission — January 17; Parks &
Recreation Commission — January 9; Planning & Zoning Commission — February 4
(Informal); Planning & Zoning Commission — February 7 (Formal); Planning &
Zoning Commission — February 21 (Formal); Police Citizens Review Board —
February 6.
Permit Motions and Resolutions as Recommended by the City Clerk.
(New): Special Class C Liquor License for Yummy Yummy, 100 S. Linn St.
(Renewal): Special Class C Liquor License for Thai Spice Restaurant, 1210 S.
Gilbert St.; Class C Beer Permit for Suburban BP; Amoco — Keokuk St., 1905 Keokuk
St.; Class C Liquor License for Caliente Night Club, 171 Highway 1 W.; Outdoor
Service Area for Atlas World Grill, 127 Iowa Ave.; Special Class C Liquor License for
Panchero's Mexican Grill, 965 S. Riverside Dr.; Special Class C Liquor License for
Panchero's Mexican Grill, 32 S. Clinton St.; RES. 13 -76, TO ISSUE DANCING
PERMIT to Caliente Night Club, 171 Highway 1 W.
Resolutions and Motions: RES. 13 -77, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY,
CORALVILLE, IOWA FOR PROPERTY LOCATED AT 1939 CHELSEA COURT,
IOWA CITY, IOWA; RES. 13 -78, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, CORALVILLE,
IOWA FOR PROPERTY LOCATED AT 213 HUNTINGTON DRIVE, IOWA CITY,
IOWA; RES. 13 -79, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TO THE PARTIAL RELEASE OF MORTGAGE FOR THE
PROPERTY LOCATED AT 2501, 2505, 2509, 2513, 2519, 2523, 2527, 2559, 2563,
2567, 2531, 2537, 2541, 2545, 2549, AND 2555 CLEARWATER COURT; RES. 13-
80, TO RESCIND RESOLUTION 12 -522 AND ACCEPTING WORK FOR THE
Official Actions
March 19, 2013
Page 2
IOWA CITY FIRE STATION NO. 4 PROJECT; Granting a 45 -day extension to the
Police Citizens Review Board for the filing of the public report with the City Council
on Complaint #12 -06; Setting a public hearing for April 23, 2013 regarding the Iowa
Department of Transportation Consolidated Transit Funding Application for Iowa City
Transit; Approving disbursements in the amount of $13,745,473.02 for the period of
February 1 through February 28, 2013, as recommended by the Finance Director
subject to audit; RES. 13 -81, REPEALING RESOLUTION NO. 00 -102 OF THE CITY
COUNCIL OF THE CITY OF IOWA CITY AND APPROVING A NEW RESOLUTION
ESTABLISHING THE ORDER OF BUSINESS FOR FORMAL COUNCIL MEETINGS;
RES. 13 -82, WAIVING A POTENTIAL CONFLICT OF INTEREST FOR SIMMONS
PERRINE LAW FIRM; RES. 13 -83, 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 KEVIN BERG
FOR THE PURCHASE OF A RETIRED K -9 OFFICER; RES. 13 -84, AWARDING
CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A CONTRACT FOR PROVISION OF CONCRETE PRODUCTS TO THE
CITY.
Correspondence: Nancy Ostrognai, Garry Klein, Rod Sullivan regarding SEATS;
Amanda Owen Van Horne regarding Definition of Workforce Housing; Nancy
Hauserman regarding In Support of Traffic / Stoplight Cameras; Jason Lewis
regarding Thank you, Council Members (Twain Elementary Area); Kathy Thornton
regarding Targeted Neighborhood Improvement Program [Staff response included];
Carol deProsse regarding Hey, Dems, it really was the issues; Tracey Achenbach,
Ex. Dir. regarding Housing Trust Fund of Johnson County; Jennifer Kardos, Jeanette
Carter, Maureen Arensdorf regarding Gilbert/College Development; Elizabeth
Cummings and Tom Glorfield regarding Police Blotter Concern.
Mary Gravitt, 2714 Wayne # 6, appeared regarding snow removal on sidewalk
ramps and transit bus stops; and The Chauncey building proposal at Gilbert and
College Streets. Executive Director Tracey Achenbach and Board Member Kirsten Frye
updated Council on the annual report, and thanked Council for their support, of the
Housing Trust Fund of Johnson County.
Moved and seconded to set a public hearing for April 9 on an ordinance rezoning
0.78 acres of land located at 1105 Gilbert Court from Public (P -1) to Intensive
Commercial (CI -1) (REZ13- 00006).
Moved and seconded to set a public hearing for April 9 on an ordinance conditionally
rezoning 2.12 acres of land located south of Highway 1, east of Ruppert Road from
Intensive Commercial (CI -1) Zone to Community Commercial (CC -2) Zone (REZ13-
00007).
Moved and seconded to set a public hearing for April 9 on an ordinance vacating air
rights and subterranean rights for portions of public right -of -way located on George
Street between Benton Street and Oakcrest Street (VAC13- 00002).
Moved and seconded to set a public hearing for April 9 on an ordinance amending
Title 4 of the Zoning Code to modify the process for delineating woodland buffers and
counting preserved trees and woodlands toward any tree replacement or mitigation
requirements.
Official Actions
March 19, 2013
Page 3
A public hearing was held on an ordinance to amend Subsection 14- 413-4A,
Paragraph 7, to allow multi - family dwelling units to be located on or below the street
level floor of a building by Special Exception in the CB -5 Zone for buildings designated
as an Iowa City Historic Landmark.
Moved and seconded that the ordinance to amend Subsection 14- 413-4A, Paragraph
7, to allow multi - family dwelling units to be located on or below the street level floor of a
building by Special Exception in the CB -5 Zone for buildings designated as an Iowa City
Historic Landmark, be given first vote.
A public hearing was held on an ordinance rezoning approximately 4,000 square
feet of land located at 529 S. Gilbert Street as an Iowa City Historic Landmark (REZ13-
00008).
Moved and seconded that the ordinance rezoning approximately .09 acres located at
529 S. Gilbert Street as an Iowa City Historic Landmark (REZ13- 00008), be given first
vote.
Moved and seconded that the ordinance amending Section 14 -4E -8 of the Zoning
Code to modify how nonconforming development is regulated, be given second vote.
Moved and seconded that the ordinance amending Section 14 -413-12 and Table 2C-
1 of the Zoning Code to include new standards for Quick Vehicle Servicing uses if
located in the Towncrest Design Review District or the Riverfront Crossings District, be
given second vote.
Mayor Hayek abstained due to a conflict of interest on the next item and left the
meeting. Mayor Pro tem Mims presiding.
Moved and seconded that ORD. 13 -4518, REZONING APPROXIMATELY 0.47
ACRES OF LAND LOCATED AT 906 N. DODGE STREET FROM MULTI - FAMILY
(R3B) ZONE TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS -12) ZONE AND
APPROXIMATELY 1.15 ACRES OF LAND LOCATED AT 911 N. GOVERNOR
STREET FROM COMMERCIAL OFFICE (CO -1) ZONE TO HIGH DENSITY SINGLE
FAMILY RESIDENTIAL (RS -12) ZONE AND APPROXIMATELY 1.78 ACRES OF LAND
LOCATED AT 902 AND 906 N. DODGE STREET FROM MULTI - FAMILY (R3B) ZONE
TO MEDIUM DENSITY MULTI - FAMILY RESIDENTIAL (RM -20) ZONE (REZ12-
000016,18 & 19), be passed and adopted.
Mayor Hayek returned to meeting and now presiding.
Moved and seconded to send a letter to the Johnson County Planning and Zoning
Commission recommending approval of a rezoning from County Agricultural (A) Zone to
County Light Industrial (ML); and to adopt RES. 13 -85, APPROVING THE
EXTRATERRITORIAL FINAL PLAT OF THE SANDLOT, JOHNSON COUNTY, IOWA
(SUB13- 00003).
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the City Park Shelter Six
Replacement Project, directing City Clerk to publish notice of said hearing, and directing
the City Engineer to place said plans on file for public inspection. Mary Gravitt, 2714
Wayne # 6, appeared.
Moved and seconded to adopt RES. 13 -86, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE CITY PARK SHELTER SIX REPLACEMENT PROJECT,
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID,
Official Actions
March 19, 2013
Page 4
DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME
AND PLACE FOR RECEIPT OF BIDS.
A conduct hearing was held on an appeal of Denial of Application for permit to operate
a mobile vending cart on City Plaza or Iowa Avenue. Moved and seconded to affirm the
decision of the Code Enforcement Assistant.
Moved and seconded that the ordinance amending Title 10 of the City Code, entitled
"Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," to
allow staff to approve amplified sound in city parks, be given first vote. Moved and
seconded to accept correspondence from J. Warner.
Moved and seconded to appoint Paul Hofineyer, 1811 Kathlin Drive, to the Airport
Commission for a four -year term, March 1, 2013 — March 1, 2017.
The Mayor noted that no applications were received or gender balance requirement
met for the following vacancies and all will be readvertised: Airport Zoning Brd of
Adjustment for a five -year term January 1, 2012 - December 31, 2016 (New full term);
Airport Zoning Brd of Adjustment for a five -year term January 1, 2009 - December 31,
2013; Airport Zoning Commission for a six -year term January 1, 2010 — December 31,
2015; Airport Zoning Commission for a six -year term January 1, 2012 — December 31,
2017 (New full term); Historic Preservation Commission for a Jefferson St.
representative to fill three -year terms, March 29, 2013 — March 29, 2016 (New District
formed); Planning & Zoning Commission for a five -year term, May 1, 2013 — May 1,
2018. 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 vacancy for the Housing & Community Development
Commission for an unexpired term, effective upon appointment, ending September 1,
2015. Applications must be received by 5:00 p.m., Wednesday, April 17, 2013.
The Mayor noted the current vacancies on the Library, Board of Trustees for three
vacancies to fill six -year terms, July 1, 2013 — July 1, 2019. Applications must be
received by 5:00 p.m., Wednesday, May 8, 2013.
Moved and seconded to adjourn meeting 7:40 p.m.
A more complete description of Council Activities and disbursements is on file in the
office of the City Clerk and Finance Department.
s /Matthew J. Hayek, Mayor
s /Marian K. Karr, City Clerk
Submitted fo�tioC n - -
3/27/13.
Subject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356 -5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
MARCH 19, 2013
Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton. Absent: None. Staff members present: Markus, Fruin, Dulek,
Karr, Davidson, Moran, Ream, Bockenstedt.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Mims, seconded by Champion, that the items and recommendations in
the Consent Calendar be received, or approved, and /or adopted as amended:
Approval of Council Actions, subject to corrections, as recommended by the City
Clerk: March 5 Council Work Session; March 5 Council Special Formal Official &
Complete; March 5 Council 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
Diversity Committee — February 25; Ad Hoc Diversity Committee — March 4; Airport
Commission — January 17; Board of Adjustment — January 9; Historic Preservation
Commission — January 10; Housing & Community Development Commission —
January 3; Housing & Community Development Commission — January 17; Parks &
Recreation Commission — January 9; Planning & Zoning Commission — February 4
(Informal); Planning & Zoning Commission — February 7 (Formal); Planning &
Zoning Commission — February 21 (Formal); Police Citizens Review Board —
February 6.
Permit Motions and Resolutions as Recommended by the City Clerk.
(New): Special Class C Liquor License for New Asian Food Corporation, Inc., dba
Yummy Yummy, 100 S. Linn St. (Renewal): Special Class C Liquor License for
Chansy Keomanivong dba Thai Spice Restaurant, 1210 S. Gilbert St.
Class C Beer Permit for Suburban Investors, LLC, dba Suburban BP; Amoco —
Keokuk St., 1905 Keokuk St.; Class C Liquor License for Caliente Night Club, Inc.,
dba Caliente Night Club, 171 Highway 1 W.; Outdoor Service Area for Atlas World
Grill, Inc., dba Atlas World Grill, 127 Iowa Ave.; Special Class C Liquor License for
Freshmex Iowa City, LLC, dba Panchero's Mexican Grill, 965 S. Riverside Dr.;
Special Class C Liquor License for Little Donkeys, Inc., dba Panchero's Mexican
Grill, 32 S. Clinton St.; RES. 13 -76, TO ISSUE DANCING PERMIT to Caliente Night
Club, Inc., dba Caliente Night Club,171 Highway 1 W.
Resolutions and Motions: RES. 13 -77, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY,
CORALVILLE, IOWA FOR PROPERTY LOCATED AT 1939 CHELSEA COURT,
IOWA CITY, IOWA; RES. 13 -78, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, CORALVILLE,
IOWA FOR PROPERTY LOCATED AT 213 HUNTINGTON DRIVE, IOWA CITY,
IOWA; RES. 13 -79, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TO THE PARTIAL RELEASE OF MORTGAGE FOR THE
PROPERTY LOCATED AT 2501, 2505, 2509, 2513, 2519, 2523, 2527, 2559, 2563,
Complete Description
March 19, 2013
Page 2
2567, 2531, 2537, 2541, 2545, 2549, AND 2555 CLEARWATER COURT; RES. 13-
80, TO RESCIND RESOLUTION 12 -522 AND ACCEPTING WORK FOR THE
IOWA CITY FIRE STATION NO. 4 PROJECT; Granting a 45 -day extension to the
Police Citizens Review Board for the filing of the public report with the City Council
on Complaint #12 -06; Setting a public hearing for April 23, 2013 regarding the Iowa
Department of Transportation Consolidated Transit Funding Application for Iowa City
Transit; Approving disbursements in the amount of $13,745,473.02 for the period of
February 1 through February 28, 2013, as recommended by the Finance Director
subject to audit; RES. 13 -81, REPEALING RESOLUTION NO. 00 -102 OF THE CITY
COUNCIL OF THE CITY OF IOWA CITY AND APPROVING A NEW RESOLUTION
ESTABLISHING THE ORDER OF BUSINESS FOR FORMAL COUNCIL MEETINGS;
RES. 13 -82, WAIVING A POTENTIAL CONFLICT OF INTEREST FOR SIMMONS
PERRINE LAW FIRM; RES. 13 -83, 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 KEVIN BERG
FOR THE PURCHASE OF A RETIRED K -9 OFFICER; RES. 13 -84, AWARDING
CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A CONTRACT FOR PROVISION OF CONCRETE PRODUCTS TO THE
CITY.
Correspondence: Nancy Ostrognai, Garry Klein, Rod Sullivan regarding SEATS;
Amanda Owen Van Horne regarding Definition of Workforce Housing; Nancy
Hauserman regarding In Support of Traffic / Stoplight Cameras; Jason Lewis
regarding Thank you, Council Members (Twain Elementary Area); Kathy Thornton
regarding Targeted Neighborhood Improvement Program [Staff response included];
Carol deProsse regarding Hey, Dems, it really was the issues; Tracey Achenbach,
Ex. Dir. regarding Housing Trust Fund of Johnson County; Jennifer Kardos, Jeanette
Carter, Maureen Arensdorf regarding Gilbert/College Development; Elizabeth
Cummings and Tom Glorfield regarding Police Blotter Concern.
Mary Gravitt, 2714 Wayne # 6, appeared regarding snow removal on sidewalk
ramps and transit bus stops; and The Chauncey building proposal at Gilbert and
College Streets. Executive Director Tracey Achenbach and Board Member Kirsten Frye
updated Council on the annual report, and thanked Council for their support, of the
Housing Trust Fund of Johnson County.
Moved by Mims, seconded by Payne, to set a public hearing for April 9 on an
ordinance rezoning 0.78 acres of land located at 1105 Gilbert Court from Public (P -1) to
Intensive Commercial (CI -1) (REZ13- 00006) (Crisis Center rezoning).
Moved by Mims, seconded by Payne, to set a public hearing for April 9 on an
ordinance conditionally rezoning 2.12 acres of land located south of Highway 1, east of
Ruppert Road from Intensive Commercial (CI -1) Zone to Community Commercial (CC-
2) Zone (REZ13- 00007).
Moved by Dobyns, seconded by Champion, to set a public hearing for April 9 on an
ordinance vacating air rights and subterranean rights for portions of public right -of -way
located on George Street between Benton Street and Oakcrest Street (VAC 13-00002) (Oaknoll skywalk).
Moved by Payne, seconded by Dickens, to set a public hearing for April 9 on an
ordinance amending Title 4 of the Zoning Code to modify the process for delineating
Complete Description
March 19, 2013
Page 3
woodland buffers and counting preserved trees and woodlands toward any tree
replacement or mitigation requirements. Council Member Throgmorton stated that the
setting of Planning & Zoning public hearings in the future would be contained on the
Consent Calendar and grouped with all other hearings.
A public hearing was held on an ordinance to amend Subsection 14- 413-4A,
Paragraph 7, to allow multi - family dwelling units to be located on or below the street
level floor of a building by Special Exception in the CB -5 Zone for buildings designated
as an Iowa City Historic Landmark. PCD Dir. Davidson presented a power point on this
item and the next.
Moved by Dobyns, seconded by Dickens, that the ordinance to amend Subsection
14- 413-4A, Paragraph 7, to allow multi - family dwelling units to be located on or below the
street level floor of a building by Special Exception in the CB -5 Zone for buildings
designated as an Iowa City Historic Landmark, be given first vote. Individual Council
Members expressed their views.
A public hearing was held on an ordinance rezoning approximately 4,000 square
feet of land located at 529 S. Gilbert Street as an Iowa City Historic Landmark (REZ13-
00008). The Mayor requested Council Members disclose ex parte communications and
none were reported.
Moved by Champion, seconded by Throgmorton, that the ordinance rezoning
approximately .09 acres located at 529 S. Gilbert Street as an Iowa City Historic
Landmark (REZ13- 00008), be given first vote.
Moved by Champion, seconded by Mims, that the ordinance amending Section 14-
4E-8 of the Zoning Code to modify how nonconforming development is regulated, be
given second vote.
Moved by Payne, seconded by Dickens, that the ordinance amending Section 14-
413-12 and Table 2C -1 of the Zoning Code to include new standards for Quick Vehicle
Servicing uses if located in the Towncrest Design Review District or the Riverfront
Crossings District, be given second vote.
Mayor Hayek abstained due to a conflict of interest on the next item and left the
meeting. Mayor Pro tem Mims presiding.
Moved by Champion, seconded by Dobyns, that ORD. 13 -4518, REZONING
APPROXIMATELY 0.47 ACRES OF LAND LOCATED AT 906 N. DODGE STREET
FROM MULTI - FAMILY (R3B) ZONE TO HIGH DENSITY SINGLE FAMILY
RESIDENTIAL (RS -12) ZONE AND APPROXIMATELY 1.15 ACRES OF LAND
LOCATED AT 911 N. GOVERNOR STREET FROM COMMERCIAL OFFICE (CO -1)
ZONE TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS -12) ZONE AND
APPROXIMATELY 1.78 ACRES OF LAND LOCATED AT 902 AND 906 N. DODGE
STREET FROM MULTI - FAMILY (R313) ZONE TO MEDIUM DENSITY MULTI - FAMILY
RESIDENTIAL (RM -20) ZONE (REZ12- 000016,18 & 19), be passed and adopted. The
Mayor Pro tem declared the motion carried unanimously, 6/0/1, Hayek abstaining.
Mayor Hayek returned to meeting and now presiding.
Moved by Dickens, seconded by Mims, to send a letter to the Johnson County
Planning and Zoning Commission recommending approval of a rezoning from County
Agricultural (A) Zone to County Light Industrial (ML); and to adopt RES. 13 -85,
APPROVING THE EXTRATERRITORIAL FINAL PLAT OF THE SANDLOT, JOHNSON
COUNTY, IOWA (SUB13- 00003). PCD Dir. Davidson presented a power point.
Complete Description
March 19, 2013
Page 4
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the City Park Shelter Six
Replacement Project, directing City Clerk to publish notice of said hearing, and directing
the City Engineer to place said plans on file for public inspection. Mary Gravitt, 2714
Wayne # 6, appeared.
Moved by Mims, seconded by Dickens, to adopt RES. 13 -86, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE CITY PARK SHELTER SIX REPLACEMENT PROJECT,
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID,
DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME
AND PLACE FOR RECEIPT OF BIDS.
A conduct hearing was held on an appeal of Denial of Application for permit to operate
a mobile vending cart on City Plaza or Iowa Avenue. Code Enforcement Assistant Ream
present for discussion. Individual Council Members expressed their views. Moved by
Champion, seconded by Payne, to affirm the decision of the Code Enforcement
Assistant.
Moved by Mims, seconded by Payne, that the ordinance amending Title 10 of the
City Code, entitled "Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," to allow staff to approve amplified sound in city parks, be given first vote.
Parks & Recreation Dir. Moran present for discussion. Moved by Mims, seconded by
Dickens to accept correspondence from J. Warner.
Moved by Mims, seconded by Dickens, to appoint Paul Hofineyer, 1811 Kathlin
Drive, to the Airport-Commission for a four -year term, March 1, 2013 — March 1, 2017.
The Mayor noted that no applications were received or gender balance requirement
met for the following vacancies and all will be readvertised: Airport Zoning Brd of
Adjustment for a five -year term January 1, 2012 - December 31, 2016 (New full term);
Airport Zoning Brd of Adjustment for a five -year term January 1, 2009 - December 31,
2013; Airport Zoning Commission for a six -year term January 1, 2010 — December 31,
2015; Airport Zoning Commission for a six -year term January 1, 2012 — December 31,
2017 (New full term); Historic Preservation Commission for a Jefferson St.
representative to fill three -year terms, March 29, 2013 — March 29, 2016 (New District
formed); Planning & Zoning Commission for a five -year term, May 1, 2013 — May 1,
2018. 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 vacancy for the Housing & Community Development
Commission for an unexpired term, effective upon appointment, ending September 1,
2015. Applications must be received by 5:00 p.m., Wednesday, April 17, 2013.
The Mayor noted the current vacancies on the Library, Board of Trustees for three
vacancies to fill six -year terms, July 1, 2013 — July 1, 2019. Applications must be
received by 5:00 p.m., Wednesday, May 8, 2013.
Council Member Throgmorton reported on greeting six visitors from Baghdad as part
of the City of Literature; and noted with sadness the passing of Keith Dempster former
owner of the Mill.
Complete Description
March 19, 2013
Page 5
Council Member Champion acknowledged the loss of Keith Dempster and his
contributions to the music scene in Iowa City.
Council Member Throgmorton announced he would be holding a "Listening Post" at
Panera's in Sycamore Mall from 8:30 AM to 10:00 AM on Friday, March 22.
Council Member Payne reminded citizens if severe weather awareness week, March
25 -29, and a tornado drill planned in the County on Wednesday, the 27tH
Council Member Dobyns congratulated the West High boys basketball team on their
second consecutive State tournament win, and reported that the team was ranked 18th
nationally.
Mayor Hayek congratulated West High student Asya Bergal for receiving a Siemens
Foundation scholarship; reminded citizens of the Mission Creek Music Festival coming
up April 2 -7; recognized two Iowa cities identified by a national non - profit group for
government transparency, Iowa City and Davenport; and noted the unexpected loss of a
stalwart community volunteer and resident Ann Bovbjerg.
Moved by Mims, seconded by Payne, to adjourn meeting 7:40 p.m.
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk