HomeMy WebLinkAbout2010-12-07 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
DECEMBER 7, 2010
Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding.
Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright.
Absent: None. Staff members present: Markus, Helling, Dilkes, Karr, Fosse, Davidson,
Moran, Bollinger, Purdy.
The Mayor presented Outstanding Student Citizenship Awards to Horace Mann
Elementary students: Abby Greazel, Carmin Martinez, Joe Morris, and Grace Williamson.
MidAmerican Energy Company Community Contact Liaison Michelle Payne presented
a community grant check to City Neighborhood Services Coordinator Bollinger and University
of Iowa Student Government Representative Chris Page to replace fluorescent bulbs with
compact energy saving bulbs to eligible low income and senior citizen households.
Moved by Champion, seconded by Wright, that the following items and
recommendations in the Consent Calendar be received or approved, and/or adopted as
amended:
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Housing
and Community Development Commission -October 21, 2010.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Special Class C Liquor License for Yen Ching IC, Corp., dba Yen Ching, 624 S.
Gilbert St. Renewal: Class C Liquor License for Water-B, Inc., dba Studio 13, 13 S.
Linn St.; RES. 10-506, TO ISSUE DANCE PERMIT to Water-B, Inc., dba Studio 13,
13 S. Linn St. and Summit Restaurant & Bar, Inc., dba Summit, 10 S. Clinton St.;
Class C Liquor License for Carlos O'Kelly's of Iowa City, Inc., dba Carlos O'Kelly's
Mexican Cafe, 1411 Waterfront.
Public Hearing: RES. 10-507, SETTING PUBLIC HEARING FOR JANUARY
10, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT
416 DOUGLASS COURT.
Resolutions: RES. 10-508, ACCEPTING THE WORK FOR THE WATER
MAIN, STORM INTAKES, AND PAVING PUBLIC IMPROVEMENTS FOR AUDITOR'S
PARCEL 2004016 (WOOLF AVENUE EXTENSION), AND DECLARING PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE.
Correspondence: JCCOG Traffic Engineering Planner regarding Installation of
(1) STOP sign on the southeast corner of the intersection of Lakeside Drive and Aniston
Street; Acting Traffic Engineering Planner regarding Installation (1) NO PARKING
CORNER TO HERE sign at the northwest corner of the Dodge Street/Bloomington
Street intersection; JCCOG Traffic Engineering Planner regarding Installation of NO
PARKING ANY TIME sign on the east side of Waterfront Drive south of Southgate
Avenue, Joyce Barker regarding Parking memo;. Mic Van De Voorde regarding
Proposal for Iowa City; Claire Sponsler regarding Brick Streets.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the motion carried.
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December 7, 2010
Page 2
Senior Center Commissioner Jay Honohan thanked Council for reappointing him to
the Commission; thanked Asst. City Manager Helling for acting as interim City manager and
welcomed new City Manager Markus to the community; and updated Council on activities at
the Center. The following individuals from Hilltop Mobile Park appeared regarding no parking
on both sides of Waterfront Dr. south of Southgate Ave.: Lori Dahlen, 2018 Waterfront Dr. #
35, Joyce Barker, 2018 Waterfront Dr. # 128,.and Craig Dahlen, 2018 Waterfront Dr.
Correspondence was received from Joyce Barker and Lori Dahlen.
Moved by Bailey, seconded by Champion, that the rule requiring ordinances to be
considered and voted on for final passage at two Council meetings prior to the meeting at
which it is to be finally passed be suspended, the second consideration and vote be waived,
and that ORD. 10-4416, REZONING APPROXIMATELY 1.38-ACRES OF LAND LOCATED
AT 385 RUPPERT ROAD FROM INTENSITVE COMMERCIAL (CI-1) TO INSTITUTIONAL
PUBLIC ZONE (P-2) (REZ10-00009), be voted on for final passage at this time. The Mayor
asked Council Members to discuss any ex parte communications, and none were reported.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the motion carried. Moved by Bailey, seconded by Mims, that the ordinance be finally
adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the ordinance adopted.
Moved by Wilburn, seconded by Bailey, 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. 10-4417, REZONING THE FOLLOWING PROPERTIES OWNED BY THE
CITY OF IOWA CITY TO NEIGHBORHOOD PUBLIC (P-1) ZONE: FROM OVERLAY
PLANNED DEVELOPMENT LOW DENSITY (OPD-5) ZONE FOR PROPERTIES LOCATED
IN DEAN OAKES SIXTH ADDITION, THORNBERRY DOG PARK AND PENINSULA PARK,
AND OAKMONT ESTATES; FROM OVERLAY PLANNED DEVELOPMENT LOW DENSITY
(OPD-5) ZONE AND INTERIM DEVELOPMENT MULTI-FAMILY RESIDENTIAL (ID-RM)
ZONE FOR PROPERTY LOCATED IN SAND HILL PARK; FROM OVERLAY PLANNED
DEVELOPMENT MEDIUM DENSITY (OPD-8) ZONE FOR FRAUENHOLTZ-MILLER PARK;
FROM LOW DENSITY SINGLE FAMILY (RS-5) ZONE FOR AUDITOR'S PARCEL 2002301,
TERRELL MILL PARK AREA, AND CERTAIN CITY-OWNED LAND WEST OF SCOTT
BOULEVARD; AND FROM INTERIM DEVELOPMENT MULTI-FAMILY RESIDENTIAL (ID-
RM) ZONE FOR PROPERTY LOCATED NORTH OF MCCOLLISTER BOULEVARD
(REZ10-00011), be voted on for final passage at this time. The Mayor asked Council
Members to discuss any ex parte communications, and none were reported. Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion
carried. Moved by Wilburn, seconded by Wright, that the ordinance be finally adopted at this
time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the ordinance adopted.
Moved by Bailey, 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. 10-4418, REZONING APPROXIMATELY 1.85 ACRES OF LAND LOCATED
AT 4764 420th STREET SE FROM COUNTY HEAVY INDUSTRIAL (MH) TO GENERAL
INDUSTRIAL(I-1) (REZ10-00012), be voted on for final passage at this time. The Mayor
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December 7, 2010
Page 3
asked Council Members to discuss any ex parte communications, and none were reported.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the motion carried. Moved by Bailey, seconded by Champion, that the ordinance be finally
adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the ordinance adopted.
A public hearing was held on a resolution determining the Towncrest Urban Renewal
area of the city to have conditions of slum and blight and to be an economic development
area, and that the rehabilitation, conservation, redevelopment, development, or a
combination thereof, of such area is necessary in the interest of the public health, safety or
welfare of the residents of the city; designating such area as appropriate for an urban
renewal project; and adopting the Towncrest Urban Renewal Plan therefor. No one
appeared.
Moved by Bailey, seconded by Wilburn, to adopt RES. 10-509, DETERMINING THE
TOWNCREST URBAN RENEWAL AREA OF THE CITY TO HAVE CONDITIONS OF SLUM
AND BLIGHT AND TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE
REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A
COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE
PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY;
DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT;
AND ADOPTING THE TOWNCREST URBAN RENEWAL PLAN THEREFOR. Affirmative
roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution adopted.
Moved by Wright, seconded by Bailey, to defer indefinitely the hearing and motion to
deny in accordance with staff recommendation a Class C Liquor License for Summit
Restaurant & Bar, Inc. dba Summit, 10 S. Clinton Street. The Mayor declared the motion
carried unanimously, 7/0, all Council Members present.
Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to be
considered and voted on for final passage at two Council meetings prior to the meeting at
which it is to be finally passed be suspended, the second consideration and vote be waived,
and that ORD. 10-4419, AMENDING TITLE 16 OF THE CITY CODE, ENTITLED "PUBLIC
WORKS," CHAPTER 3, ENTITLED, "CITY UTILITIES," ARTICLE G, ENTITLED "STORM
WATER COLLECTION, DISCHARGE AND RUNOFF," AND TITLE 17, ENTITLED,
"BUILDING AND HOUSING" CHAPTER 8, ENTITLED, "GRADING ORDINANCE," TO MAKE
THE CIVIL PENALTY FOR VIOLATING EROSION CONTROL PROVISIONS AN
ENHANCED CIVIL PENALTY AND TO AMEND THE DEFINITION OF POLLUTANT, be
voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by
Dickens, that the ordinance be finally adopted at this time. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted.
Moved by Champion, seconded by Mims, to adopt RES. 10-510, AUTHORIZING THE
ISSUANCE OF NOT TO EXCEED $2,000,000 MIDWESTERN DISASTER AREA REVENUE
BONDS (EPS PROPERTIES LLC PROJECT) SERIES 2010, WITH THE PROCEEDS FROM
THE SALE OF THE BONDS TO BE LOANED TO EPS PROPERTIES LLC, AN IOWA
LIMITED LIABILILTY COMPANY; THE EXECUTION AND DELIVERY OF A BOND
PURCHASE AGREEMENT AND ASSIGNMENT TO SECURE SAID BONDS; THE
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EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND EPS
PROPERTIES LLC; THE ASSIGNMENT BY THE CITY TO THE ORIGINAL PURCHASER
OF THE RIGHTS AND INTEREST OF THE CITY IN AND TO SAID LOAN AGREEMENT;
THE SALE OF SAID BONDS; AND RELATED MATTERS. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Wilburn, seconded by Wright, to accept correspondence from Atty. Dean Spina.
The Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Mims, seconded by Champion, to adopt RES. 10-511, AUTHORIZING THE
CITY MANAGER TO ACCEPT A COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE
CONSTRUCTION OF A LEVEE ON THE WEST SIDE OF THE IOWA RIVER BETWEEN
MCCOLLISTER BOULEVARD AND THE CRANDIC RAILROAD AND TO SIGN THE GRANT
AGREEMENT. PCD Director Davidson present for discussion. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Wilburn, seconded by Bailey, to accept correspondence from Amy Becker, Joellen
Shoemaker, Catherine Wilcox (2), Jim and Mary Beth Hammes, Mark and Elizabeth Phelps,
John Chase, Brian Witzke, Joel Wilcox and James Petran. The Mayor declared the motion
carried unanimously, 7/0, all Council Members present.
Moved by Wright, seconded by Wilburn, to adopt RES. 10-512, AUTHORIZING THE
CITY MANAGER TO ACCEPT A COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE
CONSTRUCTION OF A LEVEE ON THE EAST SIDE OF THE IOWA RIVER BETWEEN
THE CRANDIC RAILROAD AND HIGHWAY 6 AND TO SIGN THE GRANT AGREEMENT.
PCD Director Davidson present for discussion. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn,
seconded by Mims, to accept correspondence from Amy Becker, Joellen Shoemaker,
Catherine Wilcox (2), Jim and Mary Beth Hammes, Mark and Elizabeth Phelps, John Chase,
Brian Witzke, Joel Wilcox and James Petran. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Wright, seconded by Wilburn, to adopt RES. 10-513, AUTHORIZING THE
CITY MANAGER TO ACCEPT A COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE
CONSTRUCTION OF A LEVEE ON TAFT SPEEDWAY AND NO NAME ROAD AND TO
SIGN THE GRANT AGREEMENT. PCD Director Davidson and Public Works Director Fosse
present for discussion. The following individuals appeared: Mike Crawford, 54 Pentire Circle;
Atty. Wally Taylor representing residents on the south side of Taft Speedway; Joel Wilcox,
119 Taft Speedway; Dale Simon, 46 Pentire Circle; Mark Phelps, 115 Taft Speedway; Gary
Davisson, 305 Taft Speedway; Terri Miller Chiat, 452 N. 7t" Ave.; Mary Kathryn Wallace, 45
Colwyn Court; John Chase, 229 Taft Speedway; Elizabeth Phelps, 115 Taft Speedway; and
Robert Benson, 22 Colwyn Court. Flood Recovery Specialist Purdy present for discussion.
Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0,
all Council Members present. The Mayor declared the resolution adopted. Moved by
Wilburn, seconded by Mims, to accept correspondence from Amy Becker, Joellen
Shoemaker, Catherine Wilcox (2), Jim and Mary Beth Hammes, Mark and Elizabeth Phelps,
John Chase, Brian Witzke, Joel Wilcox and James Petran. The Mayor declared the motion
carried unanimously, 7/0, all Council Members present.
Moved by Wilburn, seconded by Bailey, to adopt RES. 10-514, AUTHORIZING THE
CITY MANAGER TO ACCEPT A COMMUNITY DEVELOPMENT BLOCK GRANT TO
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December 7, 2010
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FLOODPROOF 3 WELL HOUSES AND TO SIGN THE GRANT AGREEMENT. Affirmative
roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution adopted.
Moved by Wilburn, seconded by Dickens, to adopt RES. 10-515, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN
AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND MMS CONSULTANTS
INC. OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR COURT
HILL TRAIL PHASE 3 OF 3 FROM SCOTT BOULEVARD EAST TO WINDSOR RIDGE.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted.
Moved by Wright, seconded by Mims, to adopt RES. 10-516, 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 HOWARD
R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE
WATER PLANT WELLHOUSE SOURCE PROTECTION PROJECT. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Bailey, seconded by Dickens, to adopt RES. 10-517, APPROVING AN
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MAX-CAST, INC. FOR THE
FABRICATION AND INSTALLATION OF THE ART WORK FOR THE NORTHSIDE
LITERARY WALK EXTENSION AND AUTHORIZING THE MAYOR TO EXECUTE AND THE
CITY CLERK TO ATTEST THE SAME. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Moved by Bailey, seconded by Wilburn, to adopt RES. 10-518, APPROVING AN
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ARTIST JOHN COYNE FOR THE
COORDINATION OF THE DESIGN, FABRICATION AND INSTALLATION OF THE
NORTHSIDE LITERARY WALK EXTENSION AND AUTHORIZING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Wilburn, seconded by Wright, to make the following appointments to Boards
and Commissions: appoint Lucie Laurian, 918 E. Washington and re-appoint David
Bourgeois, 1447 Buckingham Place, to the Parks & Recreation Commission to fill four-year
terms January 1, 2011 -January 1, 2015; re-appoint Jan Finlayson, 2365 Cae Drive and
appoint Susie Thurmond, 1014 Cottonwood Avenue, to the Public Art Advisory Committee to
fill three-year terms January 1, 2011 -January 1, 2014; appoint Sam Fosse, (City High),
4741 Inverness Court, and Leah Murray, (West High), to the Youth Advisory Commission for
two-year terms January 1, 2011 -December 31, 2012; appoint Caroline Van Voorhies, (At
Large), 53 Hunters Place, to the Youth Advisory Commission for an unexpired term, effective
upon appointment, ending December 31, 2011. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
The Mayor noted that no applications were received or gender balance requirements
met for the following Boards and Commissions, all will be readvertised: Adjustment, Board of
for afive-year term January 1, 2011 -January 1, 2016; Airport Commission for an unexpired
term, effective upon appointment, ending March 1, 2013; Airport Zoning Brd of Adjustment for
an unexpired term, effective upon appointment, plus afive-year term January 1, 2007 -
December 31, 2011; Airport Zoning Brd of Adjustment for afive-year term January 1, 2009 -
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December 31, 2013; Airport Zoning Commission for asix-year term January 1, 2006 -
December 31, 2011; Airport Zoning Commission for asix-year term January 1, 2010 -
December 31, 2015; Appeals, Board of for afive-year term January 1, 2009 -December 31,
2013, for a Mechanical Professional; Appeals, Board of for afive-year term January 1, 2011
-December 31, 2015, for a Licensed Electrician; Youth Advisory Commission for Tate High
for atwo-year term January 1, 2011 -December 31, 2012. The Mayor declared the motion
carried unanimously, 7/0, all Council Members present. Applicants MUST reside in Iowa City
and be 18 years of age unless specific qualifications are stated. [Staff will not publish
additional notices after a period of six publications; but will continue to advertise vacancies
with postings and on the Council agenda. However, no additional publication costs will be
incurred.]
The Mayor noted the previously announced vacancy: Housing & Community
Development Commission for an unexpired term, effective upon appointment, ending
September 1, 2011. Applications must be received by 5:00 p.m., Wednesday, December 22,
2010.
Council Member Mims thanked citizens from the Idyllwild & Taft Speedway
neighborhoods for coming and participating in the discussion on the levee earlier in the
evening.
Mayor Pro tem Wilburn noted the unfortunate accident experienced by the City High
JV wrestling team and wished all of them a speedy recovery; and wished everyone well
celebrating a holiday in December.
Council Member Bailey wished everyone happy holidays, happy new year, and
welcomed City Manager Markus.
Council Member Dickens "dittoed" remarks of Council Member Bailey.
Mayor Hayek also welcomed City Manager Markus to the community and noted a
public reception to welcome Mr. Markus and his wife scheduled in City Hall on Thursday from
4-6:30 PM.
Asst. City Manager Helling offered his welcome to City Manager Markus.
Moved by Wilburn, seconded by Bailey, to adjourn meeting 9:15 p.m. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
~~ ~~
Matthew J. Haye ayor
Marian K. Karr, City Clerk