HomeMy WebLinkAbout2011-04-19 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 19, 2011
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, Davidson, O'Malley, Moran,
Robinson, Havel, Long, O'Brien.
Michelle Payne, Community Contact person for MidAmerican Energy and the City of Iowa
City presented a grant of $20,000 to City Forester Terry Robinson on behalf of MidAmerican
Energy's Trees Please program.
Mayor Hayek proclaimed Friday, April 29, Arbor Day, and presented the proclamation to
City Forester Robinson.
Moved by Champion, seconded by Wilburn, that the following 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: April 4, Regular Council Work Session; April 5, Special Council Formal Official and
Complete.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Youth Advisory
Commission: March 6, 2011; Planning and Zoning Commission: March 3, 2011; Police
Citizens Review Board: February 9, 2011; Human Rights Commission March 15, 2011.
Permit Motions and Resolutions as Recommended by the City Clerk.
Renewal: Class C Liquor License for First Avenue Productions, Inc., dba First Avenue
Club, 1550 S. First Avenue; Class C Liquor License for Kennedy Investments, Inc., dba
Vine Tavern & Eatery, 330 E. Prentiss St.; Special Class C Liquor License for Little
Donkeys, Inc., dba Panchero's Mexican Grill, 32 S. Clinton St.; 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 E Liquor License for Liquor House, Ltd., dba Liquor House, 425
S. Gilbert St.; Class C Beer Permit for KLB Bauer, Inc., dba Gasby's #1, 1310 S. Gilbert
St.; Class C Beer Permit for KLB Bauer, Inc., dba Gasby's #4, 2303 Muscatine Ave.; Class
C Liquor License for Sams Pizza IC, Inc., dba Sams Pizza IC, Inc., 441 S. Gilbert St.;
Class C Beer Permit for ND Express, Inc., dba North Dodge Sinclair, 2153 ACT Circle;
Class A Liquor License for Iowa City Lodge #1096 Loyal Order of Moose dba Loyal Order
of Moose Lodge #1096, 3151 Hwy 6 E.; RES. 11-119, ISSUE DANCING PERMIT to First
Avenue Productions, Inc., dba First Avenue Club, 1550 S. First Avenue and Iowa City
Lodge #1096 Loyal Order of Moose dba Loyal Order of Moose Lodge #1096, 3151 Hwy 6
E.
Motion: Approve disbursements in the amount of $11,629,896.26 for the period of
March 1 through March 31, 2010, as recommended by the Finance Director subject to
audit.
Public Hearings: Set a public hearing for May 3, 2011 regarding Iowa City's FY12
Annual Action Plan, that is a sub-part of Iowa City's 2011-2015 Consolidated Plan (a.k.a.
City Steps); RES. 11-120, SETTING A PUBLIC HEARING ON MAY 3, 2011 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
Complete Description
April 19, 2011
Page 2
CONSTRUCTION OF THE GILBERT STREET STREETSCAPE PROJECT, DIRECTING
CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY
ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 11-121,
SETTING PUBLIC HEARING FOR MAY 3, 2011, ON A PROPOSAL TO CONVEY A
SINGLE FAMILY HOME LOCATED AT 512 NORTH VAN BUREN STREET.
Resolutions: RES. 11-122, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR
THE PROPERTY LOCATED AT 430 SOUTHGATE AVENUE, IOWA CITY, IOWA; RES.
11-123, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-
OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER WILLIAM & JOAN GILPIN
REV. TRUST, AND TENANT 2-TONE, INC. D/B/A BLUE BIRD DINER, FOR A
SIDEWALK CAFE; RES. 11-124, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY
USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER
MARC MOEN ET AL, AND TENANT LINN STREET CAFE INC. D/B/A LINN STREET
CAFE, FOR A SIDEWALK CAFE; RES. 11-125, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR
TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY,
LANDOWNER MOKA JAVA LLC, AND TENANT LUSATI, INC D/B/A QUINTON'S BAR &
DELI, FOR A SIDEWALK CAFE; RES. 11-126, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR
TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY,
LANDOWNER MIDWESTONE BANK, AND TENANT ICBB, LTD. D/B/A BROWN
BOTTLE, FOR A SIDEWALK CAFE; RES. 11-127, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT
FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA
CITY, LANDOWNER THREE GUYS HOLDINGS, LLP, AND TENANT J.J.G., L.L.C. D/B/A
T-SPOONS, FOR A SIDEWALK CAFE; RES. 11-128, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT
FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA
CITY, LANDOWNER DLSIC LC, AND TENANT MORROWCO LLC D/B/A PITA PIT, FOR
A SIDEWALK CAFE.
Correspondence: Acting Traffic Engineering Planner regarding Installation of (1)
HANDICAP PARKING space in front of 300 West Side Drive; Pat Harney regarding Johnson
County contract with the City of Iowa City and the Iowa City Library Board of Trustees; Lily
Henderson regarding Student concern; Steve and Tina Jaeger regarding Grass length and
weed rules [staff response included]; Robert Dostal regarding Traffic cameras; Court Hill
Trail Extension letters from Alan and Sara Cross, Colleen Rapp [staff response included];
Ronald Knoche, City Engineer regarding Competitive Quotation Results - CDBG Asbestos
Abatement, contract #5, Asbestos Abatement 645 McCollister Blvd, 2011 Water Main
Directional Boring Project; Tea McBride, Tisa Plotner, Bryanna Elder regarding
Unemployment in the U.S.A; Melrose Avenue Vending letters from: Boeckenstedt, Roy
Browning, Joel Conner, John Delehant, Jane Downer, Mark Fuller, James Gilroy, Nate
Green, Sean Halbmaier, Bill Heldt, Steve Kosbau, Alan Koufer, Kevin Kremer, Ana Loes,
Bradley Meyer, Chad Muszynski, Brad Phillips, Jermaine Ramsey, Shealyn Rentschler
Wolfe, Stephen Rhodes, Sara Riley, Michael Rodriguez, Robert Sabo, Dick Sternberg,
Complete Description
April 19, 2011
Page 3
Bruce Strother, Mitch Thomann, Jean Walker (x2), Marc Wolfe, Duncan Woodward, Ryan
Helgerson, Joyce Barker.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
motion carried.
Jean Walker, 335 Lucon Dr., Melrose Neighborhood Association, presented a power point
regarding Melrose Avenue vending. Moved by Champion, seconded by Wright, to accept
correspondence from Ms. Walker. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present. The following individuals appeared regarding Melrose Avenue
vending: Ann Stromquist, 316 Myrtle Ave.; Chuck Ford, Big Ass Turkey Legs; Crystal
Cavanaugh, 2705 Silver Oak Dr. (Marion), Coco Cavanna; and Troy Norpel, 1308 Southview
Circle (Coralville), Kingdom Graphics.
Mayor Pro tem Wilburn stated he would be abstaining due to a conflict of interest and left
the meeting. Moved by Wright, seconded by Bailey, to set a public hearing for May 3 on an
ordinance conditionally rezoning 10.39 acres of land located at 1725 North Dodge Street from
Research Development Park (RDP) Zone to Neighborhood Public (P1) Zone (REZ11-00006).
The Mayor declared the motion carried unanimously, 6/0/1, Wilburn abstaining. Mayor Pro tem
Wilburn returned to meeting.
Moved by Champion, seconded by Mims, to set a public hearing for May 3 on an
ordinance for a rezoning amending the Planned Development Overlay (OPD5) plan for Village
Green Part XX, Lot 50 (Wellington Condominiums), approximately 2.35 acres of property located
at Village Road and Wintergreen Drive (REZ11-00007). The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Bailey, seconded by Champion, that the ordinance conditionally rezoning
approximately 2.17 acres of land located at the southwest corner of Taft Avenue and Court Street
from Neighborhood Commercial (CN-1) to Planned Development Overlay-Low Density Multi-
Family (OPD-RM12) (REZ10-00018), be given second vote. The Mayor requested Council
Members report 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 Wright, that the ordinance conditionally rezoning
approximately 12.72-acres of land located at Mormon Trek Boulevard and Dane Road from
County Agricultural (A) to Intensive Commercial (C11) (REZ11-00004), be given second vote.
The Mayor requested Council Members report any ex-parte communications, and individual
Council Members Hayek, Bailey, Dickens and Wright reported. PCD Dir. Davidson and Parks &
Recreation Dir. Moran present for discussion. Individual Council Members expressed their views.
The Mayor declared the motion carried, 5/2, with the following division of roll call vote: Ayes:
Wilburn, Bailey, Dickens, Hayek, Mims. Nays: Wright, Champion. Absent: None. The Mayor
declared the motion carried. Moved by Wilburn, seconded by Bailey, to accept correspondence
from David Larsen and Diane Thayer. The Mayor declared the motion carried unanimously, 7/0,
all Council Members present.
Moved by Bailey, seconded by Dickens, to adopt RES. 11-129, APPROVING
PRELIMINARY AND FINAL PLAT OF EPS FIRST ADDITION (A SUBDIVISION OF A PORTION
OF LOT 19, HIGHLANDER DEVELOPMENT FIRST ADDITION), IOWA CITY, IOWA. Affirmative
roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Mayor Hayek stated he would be abstaining due to a conflict of interest and left the room.
Mayor Pro tem Wilburn now presiding. Moved by Champion, seconded by Dickens, to adopt
RES. 11-130, APPROVING THE FINAL PLAT OF TERRA VERDE, IOWA CITY, IOWA.
Complete Description
April 19, 2011
Page 4
Affirmative roll call vote unanimous, 6/0/1, Hayek abstaining. The Mayor Pro tem declared the
resolution adopted. Mayor Hayek returned to the meeting.
Moved by Bailey, seconded by Wilburn, to defer to May 3 a resolution approving the
preliminary and final plat of Mackinaw Village -Part Three, Iowa City, Iowa. The Mayor declared
the motion carried unanimously, 7/0, all Council Members present.
A public hearing was held on a resolution authorizing a loan agreement and the issuance
of not to exceed $7,640,000 General Obligation Capital Loan Notes, Series 2011. Finance Dir.
O'Malley present for discussion.
Moved by Wright, seconded by Mims, to adopt RES. 11-131, INSTITUTING
PROCCEDINGS TO TAKE ADDITION ACTION FOR AUTHORIZATION OF A LOAN
AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $7,640,000 GENERAL
OBLIGATION CAPITAL LOAN NOTES, SERIES 2011. Affirmative roll call vote unanimous, 7/0,
all Council Members present. The Mayor declared the resolution adopted.
A public hearing was held on a resolution authorizing a loan agreement and the issuance
of not to exceed $540,000 General Obligation Capital Loan Notes, Series 2011. No one
appeared.
Moved by Bailey, seconded by Mims, to adopt RES. 11-132, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR AUTHORIZING A LOAN AGREEMENT
AND THE ISSUANCE OF NOT TO EXCEED $540,000 GENERAL OBLIGATION CAPITAL
LOAN NOTES, SERIES 2011. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the resolution adopted.
A public hearing was held on a resolution authorizing a loan agreement and the issuance
of not to exceed $210,000 General Obligation Capital Loan Notes, Series 2011. No one
appeared.
Moved by Champion, seconded by Dickens, to adopt RES. 11-133, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR AUTHORIZATION OF A LOAN
AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $210,000 GENERAL OBLIGATION
CAPITAL LOAN NOTES, SERIES, 2011. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
A public hearing was held on a resolution authorizing a loan agreement and the issuance
of not to exceed $410,000 General Obligation Capital Loan Notes, Series 2011. No one
appeared.
Moved by Mims, seconded by Bailey, to adopt RES. 11-134, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR AUTHORIZATION OF A LOAN
AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $410,000 GENERAL OBLIGATION
CAPITAL LOAN NOTES, SERIES 2011. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
A public hearing was held on a resolution authorizing a loan agreement and the issuance
of not to exceed $12,000,000 General Obligation Refunding Capital Loan Notes, Series 2011C.
No one appeared.
Moved by Bailey, seconded by Dickens, to adopt RES. 11-135, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR AUTHORIZATION OF A LOAN
AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $12,000,000 GENERAL
OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2011C. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
A public hearing was held on a resolution directing sale of $7,925,000 general obligation
capital loan notes, series 2011A.
Complete Description
April 19, 2011
Page 5
Moved by Mims, seconded by Wright, to adopt RES. 11-136, DIRECTING SALE OF
$7,925,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011A. Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Moved by Champion, seconded by Dickens, to adopt RES. 11-137, DIRECTING SALE OF
$820,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, TAXABLE SERIES 2011 B.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution adopted.
Moved by Mims, seconded by Bailey, to adopt RES. 11-138, DIRECTING SALE OF
$10,930,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2011C.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution adopted.
A public hearing was held on a resolution adopting Iowa City's FY11 Annual Action Plan
Amendment #3, which is a sub-part of Iowa City's 2011-2015 Consolidated Plan (City Steps),
authorizing the City Manager to submit said plan and all necessary certifications to the U.S.
Department of Housing and Urban Development. No one appeared.
Moved by Bailey, seconded by Mims, to adopt RES. 11-139, ADOPTING IOWA CITY'S
FY11 ANNUAL ACTION PLAN AMENDMENT #3, WHICH IS A SUB-PART OF IOWA CITY'S
2011-2015 CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO
SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the resolution adopted.
A public hearing was held on a resolution approving plans, specifications, form of contract,
and estimate of cost for the construction of the Iowa River Trail -Napoleon to Trueblood Project,
establishing amount of bid security to accompany each bid, directing City Clerk to publish notice
to bidders, and fixing time and place for receipt of bids. No one appeared.
Moved by Champion, seconded by Dickens, to adopt RES. 11-140, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE IOWA RIVER TRAIL -NAPOLEON TO TRUEBLOOD 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. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
A public hearing was held on a resolution authorizing the filing of an application with the
Iowa Department of Transportation for FY2012 Iowa DOT State Transit Assistance and Federal
Transit Administration Funding. No one appeared.
Moved by Bailey, seconded by Mims, to adopt RES. 11-141, AUTHORIZING THE FILING
OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY2012
IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION
FUNDING. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
Moved by Wright, seconded by Champion, that the ordinance amending Title 10 of the City
Code, entitled "Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks,"
Section 5, entitled, "Use by Mobile Vendors," to decrease the number of vendors in city plaza, to
eliminate the minimum hours requirement, and to allow any type of food or beverage, be given
first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the motion carried.
Complete Description
April 19, 2011
Page 6
Moved by Champion, seconded by Mims, to adopt RES. 11-142, AUTHORIZING THE
MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONDITIONAL ADDENDUM TO LEASE
AGREEMENT WITH HOWLING DOGS, INC. FOR ASSIGNMENT AND AMENDMENT OF THE
GROUNDS FOR DESSERT COFFEE HOUSE, INC. (dba FAIR GROUNDS) LEASE OF COURT
STREET TRANSPORTATION CENTER SPACE. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the resolution adopted.
Moved by Wilburn, seconded by Mims, to adopt RES. 11-143, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A COOPERATIVE AGREEMENT
BETWEEN THE IOWA DEPARTMENT OF TRANSPORTATION AND THE CITY OF IOWA CITY
FOR THE U.S. HIGHWAY 6 AND SYCAMORE STREET INTERSECTION IMPROVEMENTS
PROJECT [UST-006-7(82)-4A-52]. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Moved by Wilburn, seconded by Mims, to adopt RES. 11-144, APPROVING,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND FOTH
INFRASTRUCTURE AND ENVIRONMENT, L.L.C. TO PROVIDE ENGINEERING
CONSULTANT SERVICES FOR THE U.S. HIGHWAY 6 AND SYCAMORE STREET
INTERSECTION IMPROVEMENT PROJECT. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the resolution adopted.
The Mayor stated he had a conflict of interest on the next two items and left the meeting.
Mayor Pro tem Wilburn presiding.
Moved by Mims, seconded by Bailey, to adopt RES. 11-145, AUTHORIZING THE MAYOR
TO EXECUTE AND THE CITY CLERK TO ATTEST AN ENVIRONMENTAL COVENANT FOR A
PORTION OF HIGHLANDER DEVELOPMENT, SECOND ADDITION, IOWA CITY, IOWA.
Affirmative roll call vote unanimous, 6/0/1, Hayek abstaining. The Mayor Pro tem declared the
resolution adopted.
Moved by Champion, seconded by Wright, to adopt RES. 11-146, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A DEVELOPER'S AGREEMENT, AND
SANITARY SEWER AND WATERMAIN EASEMENT AGREEMENT FOR NORTHPOINT
CROSSING, LOCATED WITHIN HIGHLANDER DEVELOPMENT, SECOND ADDITION, IOWA
CITY, IOWA. Affirmative roll call vote unanimous, 6/0/1, Hayek abstaining. The Mayor Pro tem
declared the resolution adopted.
Mayor Hayek returned to the meeting.
Moved by Bailey, seconded by Mims, to approve the appointment of a Student Liaison (Raj
Patel) and alternate (Cody Graham) from the University of Iowa Government (UISG) to the City
Council May 1, 2011 until May 1, 2012. Outgoing UISG Liaison Higgins thanked Council and
staff for the support received during his term as liaison, and introduced Patel and Graham.
Incoming UISG Liaison Patel introduced himself and thanked Council for allowing UISG
representation. Individual Council Members acknowledged the effort of Higgins and welcomed
Patel and Graham. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present. Mayor Hayek presented a Certificate of Appreciation to outgoing Liaison
Higgins.
The Mayor noted the previously announced vacancies to Boards and Commissions:
Airport Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus afive-
yearterm January 1, 2007 -December 31, 2011; Airport Zoning Brd of Adjustment for afive-year
term January 1, 2009 -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,
Complete Description
April 19, 2011
Page 7
2010 ~ December 31, 2015; Appeals, Board of for a five-year term January 1, 2009 -December
31, 2013, for a Mechanical Professional; Appeals, Board of for an unexpired term, effective upon
appointment, ending December 31, 2014, for a Building Design Professional; Library, Brd of
Trustees for two vacancies to fill six-year terms July 1, 2011 -June 30, 2017;
Telecommunications Commission for two vacancies to fill three-year terms March 13, 2011 -
March 13, 2014; Youth Advisory Commission for atwo-year term
January 1, 2011 -December 31, 2012 for Tate High. Applications must be received by 5:00
p.m., Wednesday, April 27, 2011. 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 Bailey noted the City had received a Vision Iowa grant for the Terry
Trueblood Recreational Are and the Parks & Rec. Foundation were undertaking a capital
campaign to fund for this project. She encouraged citizens to consider making a donation to the
project.
Council Member Dickens thanked City Manager Markus and Parks & Recreation for their
willingness to work out a compromise on the location of the trail system in Windsor Ridge.
Moved by Wilburn, seconded by Bailey, to adjourn meeting 8:03 p.m. The Mayor declared
the motion carried unanimously, 7/0, all Council Members present.
Matthew J. Haye ,May ro
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Maria K. Karr, City Clerk
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1VI
Date: April 4, 2011
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, April 4, 2011, 6:30 PM in Emma J. Harvat Hall
Council: Bailey, Champion, Dickens, Hayek, Wilburn, Wright. Absent: Mims
UISG: Higgins
Staff: Markus, Helling, Dilkes, Karr, Davidson, Fosse, Boelk, O'Malley
(A complete transcription is available in the City Clerk's Office and the City website)
PLANNING AND ZONING ITEMS "e"
PCD Director Davidson presented a power point (archived with the City Clerk).
COUNCIL APPOINTMENTS
Planning & Zoning Commission -reappoint Charles Eastham; appoint Carolyn Dyer
AGENDA ITEMS
1. (Agenda item # 8 -approving, plans, specifications, form of contract, and estimate of cost ,,,
WWTP Blower Replacement Project ...) City Clerk Karr noted a correction to the estimated
construction cost in the comment stating it should read $280,000 and not $375,000.
2. (Agenda item # 10 - $300 civil penalty .... The Den) City Clerk Karr stated the establishment
had signed the waiver for a hearing and paid the fine; Council action would be to accept the
payment.
3. (Agenda item # 8 -approving, plans, specifications, form of contract, and estimate of cost ,,,
WWTP Blower Replacement Project ...) In response to Council Member Champion, Public
Works Director Fosse outlined the project and the $60,000 savings in energy costs.
4. (Consent Calendar # 4g(5) - 21 ordinance fines) UISG rep. Higgins presented information
regarding possible options for lowering the fines. After discussion a majority expressed
interest in pursuing a graduated fine structure of $300 for the first offense; $500 for the
second' and $625 for third and subsequent violation. CA Dilkes will prepare ordinance for
Council consideration with an effective date of July 1, 2011.
5. (Agenda item # 13 -agreement ... Police Labor Relations ...) In response to Council
Member Bailey, City Atty. Dilkes stated the domestic partner language had been reviewed.
GILBERT STREET STREETSCAPE [IP2 of 3/3 Info Packet]
Public Works Director Fosse and Senior Civil Engr. Boelk presented a power point of the
project. PCD Director Davidson present for discussion. Majority agreed to proceed as outlined.
Council Work Session
April 4, 2011
Page 2
INFORMATION PACKET DISCUSSION [March 24 & 31]
1. (IP4 of 3/24 Info Packet -Staff response to Mark Smellie regarding red light cameras)
Council Member Champion noted the editorial from Larry Baker in the morning
newspaper and urged Council to use money generated for property tax relief.
2. (IP6 of 3/31 Info Packet - KXIC Radio Show) Council agreed to the following schedule:
April 13 -Wright
April 20 -Dickens
April 27 -Mims
May 4 -Hayek
May 11 -Dickens
May 18 -Champion
COUNCIL TIME
In response to Council Member Bailey, City Manager Markus reported he would be attending
the Regional Economic Development Summit in Cedar Rapids on April 7.
BUDGET PRIORITIES
No discussion.
SUMMARY OF PENDING WORK SESSION ISSUES [lP3 of 3/31 Info Packet]
1. Council Member Dickens questioned the status of the downtown Farmers Market
proposal. City Atty. Dilkes and City Clerk Karr noted the proposal was for the 2012
Market and is scheduled for an update discussion on May 2.
2. UISG Rep. Higgins requested the status of an amendment to the Code concerning the
current disclosure form for tenants. City Atty. Dilkes stated she needed the website from
him to reference in the amendment.
3. UISG Rep. Higgins reported he would be introducing the UISG rep to Council for next
year at the April 18 work session. City Clerk Karr suggested Council could take official
action on the recommendation on the 19th
UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS
Council Member Champion reported that the Jail meeting (Criminal Justice Committee) would
be Wednesday, April 6. Members thanked her for attending.
DISCUSSION OF MEETING SCHEDULES
No discussion.
Meeting adjourned 6:30 PM.
3a 2)
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office 356-5040.
The cost of publishing the following proceedings and claims is $
Cumulative cost for this calendar year for said publication is $_
OFFICIAL COUNCIL ACTIONS 4/5/11
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, Miklo, Clark, Howard,
Boelk, O'Malley.
The Mayor presented Outstanding Student Citizenship Awards to Longfellow
Elementary students: Samantha Grove, Christina Hunter, Genevieve Wisdom.
The Mayor proclaimed National Fair Housing Month -April 2011, Human Rights
Commissioner Dianne Day accepting.
Moved and seconded that the following 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 21, Special Council Work Session; March 22, Special Council
Formal Official and Complete.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Senior
Center Commission -January 20, 2011; Airport Commission -February 21, 2011;
Airport Commission -February 17, 2011.
Permit Motions and Resolutions as Recommended by the City Clerk. New:
Class C Liquor License for Piano Lounge 347 S. Gilbert St. Renewal: Class C Liquor
License for La Reyna, 1937 Keokuk St.; Class C Liquor License for Deadwood, 6 S,
Dubuque St.; Outdoor Service Area for Deadwood, 6 S, Dubuque St.; Class C Liquor
License for EI Banditos, 327 E. Market St.; Class C Liquor License for EI Dorado
Mexican Restaurant, 1634 Sycamore St.; Special Class C Liquor License for
Panchero's Mexican Grill, 965 S. Riverside Dr.
Motions: Approve disbursements in the amount of $10,030,973.59 for the
period of February 1 through February 28, 2011, as recommended by the Finance
Director subject to audit.
Public Hearings: Set a public hearing for April 19, 2011 regarding an
amendment to Iowa City's FY11 Annual Action Plan that is a sub-part of Iowa City's
2011-2015 Consolidated Plan (a.k.a. City Steps). RES. 11-93, SETTING A PUBLIC
HEARING ON APRIL 19, 2011 ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA
RIVER TRAIL -NAPOLEON TO TRUEBLOOD PROJECT, DIRECTING CITY CLERK
TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER
TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
Resolutions: RES. 11-94, DESIGNATING THE CITY MANAGER AS THE
AUTHORIZED REPRESENTATIVE FOR THE HAZARD MITIGATION GRANT
PROGRAM (HMGP) WATER PLANT WELL HEAD PROTECTION PROJECT NO.
Official Actions
April 5, 2011
Page 2
DR-1763-0137-01; RES. 11-95, ACCEPTING PAYMENT OF $300 CIVIL PENALTY
AND WAIVER OF RIGHT TO HEARING FROM RJ'Z EXPRESS; RES. 11-96,
ACCEPTING PAYMENT OF $300 CIVIL PENALTY AND WAIVER OF RIGHT TO
HEARING FROM CREEKSIDE MARKET; RES. 11-97, ACCEPTING PAYMENT OF
$300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM EL PASO THE
MEXICAN STORE; RES. 11-98, ACCEPTING THE DEDICATION OF AND
AUTHORIZING THE MAYOR TO ENTER INTO A PUBLIC ACCESS EASEMENT
AGREEMENT FOR A PORTION OF OUTLOT 5, ORIGINAL TOWN, IOWA CITY,
JOHNSON COUNTY, IOWA; RES. 11-99, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT
FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF
IOWA CITY, LANDOWNER MARC MOEN AND TENANT GRAZE IOWA CITY LLC,
D/B/A GRAZE, FOR A SIDEWALK CAFE; RES. 11-100, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN
REGARDING AN AGREEMENT WITH HAWKEYE AREA COMMUNITY ACTION
PROGRAM (HACAP), IOWA CITY, IOWA; RES. 11-101, AUTHORIZING THE
MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND U.S BANK, IOWA CITY,
IOWA FOR PROPERTY LOCATED AT 1034 CONKLIN LANE, IOWA CITY, IOWA.
Correspondence: Taft Speedway letters from James White, Joef Wilcox;
Winifred Holland regarding Recycling [staff response included]; Donna Grgurich
regarding Contract 08-DRH-210 Iowa City 2"d ;Monitoring Report -Flood Disaster
Recovery Program; Robert McGrath regarding Property taxes [staff response included];
Elliot Higgins regarding 21-only ordinance.
The Mayor declared the motion carried.
Senior Center Commissioner Sarah Maiers provided an update on activities at the
Center.
A public hearing was held on a resolution amending the Comprehensive Plan to
include the Southeast District Plan, for property generally located south of Court Street, east
of Sycamore Street & First Avenue, north of Highway 6 and west of the city's eastern growth
boundary.
Moved and seconded to adopt RES. 11-102, AMENDING THE COMPREHENSIVE
PLAN TO INCLUDE THE SOUTHEAST DISTRICT PLAN, FOR PROPERTY GENERALLY
LOCATED SOUTH OF COURT STREET, EAST OF SYCAMORE STREET & FIRST
AVENUE, NORTH OF HIGHWAY 6 AND WEST OF THE CITY'S EASTERN GROWTH
BOUNDARY.
A public hearing was held on an ordinance conditionally rezoning approximately 2.17
acres of land located at the southwest corner of Taft Avenue and Court Street from
Neighborhood Commercial (CN-1) to Planned Development Overlay-Low Density Multi-
Family (OPD-RM12) (REZ10-00018). Developer John Moreland appeared.
Moved and seconded that the ordinance conditionally rezoning approximately 2.17
acres of land located at the southwest corner of Taft Avenue and Court Street from
Neighborhood Commercial (CN-1) to Planned Development Overlay-Low Density Multi-
Family (OPD-RM12) (REZ10-00018), be given first vote. The Mayor declared the motion
carried.
Official Actions
April 5, 2011
Page 3
A public hearing was held on a resolution for a voluntary annexation of approximately
12.72-acres of property located at Mormon Trek Boulevard and Dane Road, Johnson County,
Iowa (ANN11-00001).
Moved and seconded to adopt RES. 11-103, FOR A VOLUNTARY ANNEXATION OF
APPROXIMATELY 12.72-ACRES OF PROPERTY LOCATED AT MORMON TREK
BOULEVARD AND DANE ROAD, JOHNSON COUNTY, IOWA.
A public hearing was held on an ordinance conditionally rezoning approximately
12.72-acres of land located at Mormon Trek Boulevard and Dane Road from County
Agricultural (A) to Intensive Commercial (C11) (REZ11-00004). George Dane, 1 Oaknoll Ct.,
appeared. Planning & Zoning Commission Chair Ann Freerks present for discussion.
Moved and seconded that the ordinance conditionally rezoning approximately 12.72-
acres of land located at Mormon Trek Boulevard and Dane Road from County Agricultural (A)
to Intensive Commercial (C11) (REZ11-00004), be given first vote. The Mayor declared the
motion carried.
Moved and seconded to defer to April 19 a resolution approving preliminary and final
plat of EPS First Addition (a subdivision of a portion of Lot 19, Highlander Development First
Addition), Iowa City, Iowa. The Mayor declared the motion carried.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the 2011 Wales Street Water Main
Improvements Project, establishing amount of bid security to accompany each bid, directing
City Clerk to publish notice to bidders, and fixing time and place for receipt of bids.
Moved and seconded to adopt RES. 11-104, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE 2011 WALES STREET WATER MAIN IMPROVEMENTS
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 public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the Iowa City WWTP Blower
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.
Moved and seconded to adopt RES. 11-105, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE IOWA CITY WWTP BLOWER 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 hearing was conducted on assessing a $300.00 civil penalty against Five Stars
Food Mart pursuant to Iowa Code Section 453A.22(2) (2011). Asst. County Atty. Andy
Chappell presented information. Owner Yasser Gaber appeared.
Moved and seconded to adopt RES. 11-106, ASSESSING A $300.00 CIVIL PENALTY
AGAINST FIVE STARS FOOD MART.
Moved and seconded to adopt RES. 11-107, ACCEPTING PAYMENT OF $300 CIVIL
PENALTY AND WAIVER OF RIGHT TO HEARING FROM THE DEN.
Official Actions
April 5, 2011
Page 4
Moved and seconded to adopt RES. 11-108, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND IOWA NETWORK SERVICES, INC. TO USE CERTAIN PUBLIC RIGHTS-
OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER
OPTIC NETWORK.
Moved and seconded to adopt RES. 11-109, AUTHORIZING EXECUTION OF A
CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON
COUNTY REGARDING CERTAIN OBLIGATIONS INVOLVING THE BUTLER BRIDGE
PEDESTRIAN TRAIL PROJECT.
Moved and seconded to adopt RES. 11-110, AUTHORIZING AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS
ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 2011 -JUNE 30, 2012.
Moved and seconded to adopt RES. 11-111, FIXING DATE FOR A MEETING ON
THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO
EXCEED $7,640,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011, OF
THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF
NOTICE THEREOF.
Moved and seconded to adopt RES. 11-112, FIXING DATE FOR A MEETING ON
THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO
EXCEED $540,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011, (FOR
A GENERAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA,
AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF.
Moved and seconded to adopt RES. 11-113, FIXING DATE FOR A MEETING ON
THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO
EXCEED $410,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011, OF
THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF
NOTICE THEREOF.
Moved and seconded to adopt RES. 11-114, FIXING DATE FOR A MEETING ON
THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO
EXCEED $210,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2011, (FOR
A GENERAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA,
AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF.
Moved and seconded to adopt RES. 11-115, FIXING DATE FOR A MEETING ON
THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO
EXCEED $12,000,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES,
SERIES 2011, OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF.
Moved and seconded adopt RES. 11-116, APPROVING ELECTRONIC BIDDING
PROCEDURES.
Moved and seconded to adopt RES. 11-117, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR STRATEGIC PLANNING
SERVICES BETWEEN THE CITY OF IOWA CITY AND THE INSTITUTE OF PUBLIC
AFFAIRS.
Official Actions
April 5, 2011
Page 5
Moved and seconded to adopt RES. 11-118, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR SURVEY SERVICES
BETWEEN THE CITY OF IOWA CITY AND THE THOMAS GROUP.
The Mayor noted previously announced vacancies on boards and commissions:
Airport Zoning Brd of Adjustment for an unexpired term, effective upon appointment, plus a
five-year term January 1, 2007 -December 31, 2011; Airport Zoning Brd of Adjustment for a
five-year term January 1, 2009 -December 31, 2013; Airport Zoning Commission for asix-
yearterm 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 an
unexpired term, effective upon appointment, ending December 31, 2014, for a Building
Design Professional; Library, Brd of Trustees for two vacancies to fill six-year terms July 1,
2011 -June 30, 2017; Telecommunications Commission for two vacancies to fill three-year
terms March 13, 2011 -March 13, 2014; Youth Advisory Commission for atwo-year term
January 1, 2011 -December 31, 2012 for Tate High. Applications must be received by 5:00
p.m., Wednesday, April 27, 2011. 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.]
Moved and seconded to reappoint Charles Eastham, 37 Colwyn Court, and appoint
Carolyn Dyer, 1621 Ridge Road, for vacancies to fill five-year terms May 1, 2011 -May 1,
2016. The Mayor declared the motion carried.
Moved and seconded to adjourn meeting 8:50 p.m. The Mayor declared the motion
carried.
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 r pu lication - 4/1 /11.
1~~~$,~
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
APRIL 5, 2011
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, Miklo, Clark, Howard,
Boelk, O'Malley.
The Mayor presented Outstanding Student Citizenship Awards to Longfellow
Elementary students: Samantha Grove, Christina Hunter, Genevieve Wisdom.
The Mayor proclaimed National Fair Housing Month -April 2011, Human Rights
Commissioner Dianne Day accepting.
Moved by Champion, seconded by Dickens, that the following 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 21, Special Council Work Session; March 22, Special Council
Formal Official and Complete.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Senior
Center Commission -January 20, 2011; Airport Commission -February 21, 2011;
Airport Commission -February 17, 2011.
Permit Motions and Resolutions as Recommended by the City Clerk. New:
Class C Liquor License for Piano, Inc., dba Gilbert Street Piano Lounge 347 S. Gilbert
St. Renewal: Class C Liquor License for La Reyna, Inc., dba La Reyna, 1937 Keokuk
St.; Class C Liquor License for Ranger Enterprises, Inc., dba Deadwood, 6 S,
Dubuque St.; Outdoor Service Area for Ranger Enterprises, Inc., dba Deadwood, 6 S,
Dubuque St.; Class C Liquor License for The Bandits, LLC. dba EI Banditos, 327 E.
Market St.; Class C Liquor License for Sultana, Inc., dba EI Dorado Mexican
Restaurant, 1634 Sycamore St.; Special Class C Liquor License for Freshmex Iowa
City, LLC, dba Panchero's Mexican Grill, 965 S. Riverside Dr.
Motions: Approve disbursements in the amount of $10,030,973.59 for the
period of February 1 through February 28, 2011, as recommended by the Finance
Director subject to audit.
Public Hearings: Set a public hearing for April 19, 2011 regarding an
amendment to Iowa City's FY11 Annual Action Plan that is a sub-part of Iowa City's
2011-2015 Consolidated Plan (a.k.a. City Steps). RES. 11-93, SETTING A PUBLIC
HEARING ON APRIL 19, 2011 ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA
RIVER TRAIL -NAPOLEON TO TRUEBLOOD PROJECT, DIRECTING CITY CLERK
TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER
TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
Resolutions: RES. 11-94, DESIGNATING THE CITY MANAGER AS THE
AUTHORIZED REPRESENTATIVE FOR THE HAZARD MITIGATION GRANT
Complete Description
April 5, 2011
Page 2
PROGRAM (HMGP) WATER PLANT WELL HEAD PROTECTION PROJECT NO.
DR-1763-0137-01; RES. 11-95, ACCEPTING PAYMENT OF $300 CIVIL PENALTY
AND WAIVER OF RIGHT TO HEARING FROM RJ'Z EXPRESS; RES. 11-96,
ACCEPTING PAYMENT OF $300 CIVIL PENALTY AND WAIVER OF RIGHT TO
HEARING FROM CREEKSIDE MARKET; RES. 11-97, ACCEPTING PAYMENT OF
$300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM EL PASO THE
MEXICAN STORE; RES. 11-98, ACCEPTING THE DEDICATION OF AND
AUTHORIZING THE MAYOR TO ENTER INTO A PUBLIC ACCESS EASEMENT
AGREEMENT FOR A PORTION OF OUTLOT 5, ORIGINAL TOWN, IOWA CITY,
JOHNSON COUNTY, IOWA; RES. 11-99, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT
FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF
IOWA CITY, LANDOWNER MARC MOEN AND TENANT GRAZE IOWA CITY LLC,
D/B/A GRAZE, FOR A SIDEWALK CAFE; RES. 11-100, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN
REGARDING AN AGREEMENT WITH HAWKEYE AREA COMMUNITY ACTION
PROGRAM (HACAP), IOWA CITY, IOWA; RES. 11-101, AUTHORIZING THE
MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND U.S BANK, IOWA CITY,
IOWA FOR PROPERTY LOCATED AT 1034 CONKLIN LANE, IOWA CITY, IOWA.
Correspondence: Taft Speedway letters from James White, Joel Wilcox;
Winifred Holland regarding Recycling [staff response included]; Donna Grgurich
regarding Contract 08-DRH-210 Iowa City 2"d ;Monitoring Report -Flood Disaster
Recovery Program; Robert McGrath regarding Property taxes [staff response included];
Elliot Higgins regarding 21-only ordinance.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
motion carried.
Senior Center Commissioner Sarah Maiers provided an update on activities at the
Center.
A public hearing was held on a resolution amending the Comprehensive Plan to
include the Southeast District Plan, for property generally located south of Court Street, east
of Sycamore Street & First Avenue, north of Highway 6 and west of the city's eastern growth
boundary. Senior Planner Miklo and Associate Planner Howard presented a power point.
Individual Council Members expressed their views, and thanked staff and the Planning &
Zoning Commission for their efforts.
Moved by Bailey, seconded by Dickens, to adopt RES. 11-102, AMENDING THE
COMPREHENSIVE PLAN TO INCLUDE THE SOUTHEAST DISTRICT PLAN, FOR
PROPERTY GENERALLY LOCATED SOUTH OF COURT STREET, EAST OF SYCAMORE
STREET & FIRST AVENUE, NORTH OF HIGHWAY 6 AND WEST OF THE CITY'S
EASTERN GROWTH BOUNDARY. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
A public hearing was held on an ordinance conditionally rezoning approximately 2.17
acres of land located at the southwest corner of Taft Avenue and Court Street from
Neighborhood Commercial (CN-1) to Planned Development Overlay-Low Density Multi-
Family (OPD-RM12) (REZ10-00018). Mayor Hayek asked for any ex parte communications,
Complete Description
April 5, 2011
Page 3
and Council Bailey reported a conversation with PCD Dir. Davidson regarding long term
goals. Senior Planner Miklo presented a power point. Developer John Moreland appeared.
Individual Council Members expressed their views.
Moved by Wright, seconded by Champion, that the ordinance conditionally rezoning
approximately 2.17 acres of land located at the southwest corner of Taft Avenue and Court
Street from Neighborhood Commercial (CN-1) to Planned Development Overlay-Low Density
Multi-Family (OPD-RM12) (REZ10-00018), be given first vote. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the motion carried.
A public hearing was held on a resolution for a voluntary annexation of approximately
12.72-acres of property located at Mormon Trek Boulevard and Dane Road, Johnson County,
Iowa (ANN11-00001). Senior Planner Miklo presented a power point.
Moved by Bailey, seconded by Wilburn, to adopt RES. 11-103, FOR A VOLUNTARY
ANNEXATION OF APPROXIMATELY 12.72-ACRES OF PROPERTY LOCATED AT
MORMON TREK BOULEVARD AND DANE ROAD, JOHNSON COUNTY, IOWA.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted.
A public hearing was held on an ordinance conditionally rezoning approximately
12.72-acres of land located at Mormon Trek Boulevard and Dane Road from County
Agricultural (A) to Intensive Commercial (C11) (REZ11-00004). Mayor Hayek asked for any
ex parte communications, and he reported an email from the family inviting him to tour the
property, and a discussion with City Mgr. Markus. Senior Planner Miklo presented a power
point. George Dane, 1 Oaknoll Ct., appeared. Planning & Zoning Commission Chair Ann
Freerks present for discussion.
Moved by Bailey, seconded by Wright, that the ordinance conditionally rezoning
approximately 12.72-acres of land located at Mormon Trek Boulevard and Dane Road from
County Agricultural (A) to Intensive Commercial (C11) (REZ11-00004), be given first vote.
Individual Council Members expressed their views. The Mayor declared the motion carried,
5/2, with the following division of roll call vote. Ayes: Dickens, Hayek, Mims, Wilburn, Bailey.
Nays: Champion, Wright. Absent: None.
Moved by Bailey, seconded by Wilburn, to defer to April 19 a resolution approving
preliminary and final plat of EPS First Addition (a subdivision of a portion of Lot 19,
Highlander Development First Addition), Iowa City, Iowa. The Mayor declared the motion
carried unanimously, 7/0, all Council Members present.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the 2011 Wales Street Water Main
Improvements Project, establishing amount of bid security to accompany each bid, directing
City Clerk to publish notice to bidders, and fixing time and place for receipt of bids. No one
appeared.
Moved by Wilburn, seconded by Dickens, to adopt RES. 11-104, APPROVING
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE 2011 WALES STREET WATER MAIN IMPROVEMENTS
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. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Complete Description
April 5, 2011
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 Iowa City WWTP Blower
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. No one
appeared.
Moved by Wilburn, seconded by Bailey to adopt RES. 11-105, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE IOWA CITY WWTP BLOWER 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. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the resolution adopted.
A hearing was conducted on assessing a $300.00 civil penalty against Five Stars
Food Mart pursuant to Iowa Code Section 453A.22(2) (2011). Asst. County Atty. Andy
Chappell presented information. Owner Yasser Gaber appeared. Individual Council
Members expressed their views.
Moved by Bailey, seconded by Wright, to adopt RES. 11-106, ASSESSING A $300.00
CIVIL PENALTY AGAINST FIVE STARS FOOD MART. 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 Wright, seconded by Champion, to adopt RES. 11-107, ACCEPTING
PAYMENT OF $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM THE
DEN. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
Moved by Champion, seconded by Dickens, to adopt RES. 11-108, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND IOWA NETWORK SERVICES, INC. TO USE
CERTAIN PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND
MAINTENANCE OF A FIBER OPTIC NETWORK. 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. 11-109, AUTHORIZING
EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND JOHNSON COUNTY REGARDING CERTAIN OBLIGATIONS INVOLVING THE
BUTLER BRIDGE PEDESTRIAN TRAIL 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. 11-110, AUTHORIZING
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR
RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 2011 -JUNE
30, 2012. Mayor Hayek noted the agreement was a product of binding arbitration. Affirmative
roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution adopted.
Moved by Champion, seconded by Wright, to adopt RES. 11-111, FIXING DATE FOR
A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE
OF NOT TO EXCEED $7,640,000 GENERAL OBLIGATION CAPITAL LOAN NOTES,
SERIES 2011, OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR
Complete Description
April 5, 2011
Page 5
PUBLICATION OF NOTICE THEREOF. 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. 11-112, FIXING DATE FOR A
MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF
NOT TO EXCEED $540,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES
2011, (FOR A GENERAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE
OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Moved by Mims, seconded by Bailey, to adopt RES. 11-113, FIXING DATE FOR A
MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF
NOT TO EXCEED $410,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES
2011, OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF. 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. 11-114, FIXING DATE FOR A
MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF
NOT TO EXCEED $210,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES
2011, (FOR A GENERAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE
OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Moved by Champion, seconded by Bailey, to adopt RES. 11-115, FIXING DATE FOR
A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE
OF NOT TO EXCEED $12,000,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN
NOTES, SERIES 2011, OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF. 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. 11-116, APPROVING
ELECTRONIC BIDDING PROCEDURES. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the resolution adopted.
Moved by Dickens, seconded by Mims, to adopt RES. 11-117, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR
STRATEGIC PLANNING SERVICES BETWEEN THE CITY OF IOWA CITY AND THE
INSTITUTE OF PUBLIC AFFAIRS. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Moved by Bailey, seconded by Wright, to adopt RES. 11-118, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR SURVEY
SERVICES BETWEEN THE CITY OF IOWA CITY AND THE THOMAS GROUP. Affirmative
roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution adopted.
The Mayor noted previously announced vacancies on boards and commissions:
Airport Zoning Brd of Adjustment for an unexpired term, effective upon appointment, plus a
five-year term January 1, 2007 -December 31, 2011; Airport Zoning Brd of Adjustment for a
five-year term January 1, 2009 -December 31, 2013; Airport Zoning Commission fora six-
Complete Description
April 5, 2011
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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 an
unexpired term, effective upon appointment, ending December 31, 2014, for a Building
Design Professional; Library, Brd of Trustees for two vacancies to fill six-year terms July 1,
2011 -June 30, 2017; Telecommunications Commission for two vacancies to fill three-year
terms March 13, 2011 -March 13, 2014; Youth Advisory Commission for atwo-year term
January 1, 2011 -December 31, 2012 for Tate High. Applications must be received by 5:00
p.m., Wednesday, April 27, 2011. 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.]
Moved by Bailey, seconded by Mims, to reappoint Charles Eastham, 37 Colwyn Court,
and appoint Carolyn Dyer, 1621 Ridge Road, for vacancies to fill five-year terms May 1, 2011
-May 1, 2016. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
Council Member Champion noted the State of Iowa was spending $55 million on roads
in 2011 and stated she thought that was amazing since we don't support public transportation
and rail.
Moved by Mims, seconded by Bailey, to adjourn meeting 8:50 p.m. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk