HomeMy WebLinkAbout2011-06-07 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
JUNE 7, 2011
Iowa City City Council regular meeting, 7:00 p.m. at City Hall — Harvat Hall.
Mayor Hayek presiding. Council Members present: Bailey, Champion, Dickens, Hayek,
Mims, Wilburn, Wright. Absent: None. Staff members present: Markus, Helling, Dilkes, Karr,
Moran, Davidson, Morris, Dulek, Panos, Boelk.
The Mayor proclaimed: Pride Month — June 2011, Joan Benson, representing PRIDE
Committee accepting.
Moved by Champion, seconded by Dickens, that the items and recommendations in
the Consent Calendar be received, or approved, and /or adopted as amended by adding Item
3e(5) setting hearing for lease of Library space; deferring to June 21 Item 3f(7), Lease of
Library space; and deleting correspondence Item 3g(5) Cindy Roberts and accepting under
Item 13:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: May 16, Regular Council Work Session; May 17, Regular 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): Airport
Commission - April 14, 2011; Airport Commission - April 26, 2011; Planning and
Zoning Commission - May 2, 2011; Planning and Zoning Commission - May 5, 2011;
Historic Preservation Commission - April 14, 2011; Human Rights Commission - April
12, 2011.
Permit Motions and Resolutions as Recommended by the City Clerk.
Renewal: Class B Beer Permit for NPC International, Inc., dba Pizza Hut #4358, 1926
Keokuk St.; Class C Liquor License for Jirsa's, LLC, dba Rick's Grille & Spirits, 1705
S. First Ave. Suite Q; Class E Liquor License for The Outlet, Inc., dba Cigarette Outlet
#18, 1901 Broadway St.; Class C Beer Permit for Kwik Trip, Inc., dba Tobacco Outlet
Plus #537, 923 S. Riverside Dr.; Class C Liquor License for GFP, Inc., dba Wig & Pen
Pizza Pub, 1220 Highway 6 W.; Outdoor Service Area for GFP, Inc., dba Wig & Pen
Pizza Pub, 1220 Highway 6 W.; Class C Beer permit for El Paso Tienda y Taqueria,
Inc., dba El Paso the Mexican Store, 609 Hollywood Blvd.; RES. 11 -185, TO ISSUE
CIGARETTE PERMITS to Zombies Tobacco Outlet, LLC, dba Zombies Tobacco
Outlet, LLC., 318 E. Burlington St.; Eric and Nick Vance dba Venomous Glass Works,
114 Y2 E. College St.; and Paradise Tobacco & Glass Werks, LLC dba Paradise
Tobacco & Glass Werks, 440 A Kirkwood Ave.
Motion: Approve disbursements in the amount of $10,417,660.65 for the period
of April 1 through April 30, 2011, as recommended by the Finance Director subject to
audit.
Public Hearings: RES. 11 -186, SETTING PUBLIC HEARING FOR JUNE 21,
2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1207
MUSCATINE AVENUE; RES. 11 -187, SETTING PUBLIC HEARING FOR JUNE 21,
2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1551
Complete Description
June 7, 2011
Page 2
DICKENSON LANE; RES. 11 -188, SETTING A PUBLIC HEARING ON JUNE 21,
2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF
COST FOR THE CONSTRUCTION OF THE NORTH MARKET SQUARE PARK
IMPROVEMENT 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 -189, SETTING A PUBLIC HEARING
ON JUNE 21, 2011 ON AN ORDINANCE AMENDING CITY CODE TITLE 16,
CHAPTER 3, CONNECTION TO DISTRIBUTION MAIN, ARTICLE C, SECTION 3.,
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING; RES. 11 -190,
SETTING A PUBLIC HEARING FOR JUNE 21, 2011, REGARDING THE INTENT TO
ENTER INTO A LEASE AGREEMENT WITH THE UNIVERSITY OF IOWA.
Resolutions: RES. 11 -191, NAMING DEPOSITORIES; RES. 11 -192,
ACCEPTING THE WORK FOR THE 2010 MUSCATINE AVENUE WATER MAIN
REPLACEMENT PROJECT; RES. 11 -193, ACCEPTING THE WORK FOR THE 2010
STORM SEWER IMPROVEMENTS PROJECT; RES. 11 -194, ACCEPTING THE
WORK FOR THE PARKING RAMP DOOR REPLACEMENT CAPITOL STREET AND
DUBUQUE STREET RAMPS PROJECT; RES. 11 -195, ACCEPTING THE WORK
FOR THE MERCER PARK AQUATIC CENTER SOLARIUM REPLACEMENT
PROJECT; RES. 11 -196, 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 STARBUCKS CORPORTATION D /B /A
STARBUCKS COFFEE #2855 -IA, FOR A SIDEWALK CAFE; RES. 11 -197,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE
RELEASE OF LIEN REGARDING A MORTGAGE AGREEMENT FOR THE
PROPERTY LOCATED AT 1105 GILBERT COURT, IOWA CITY, IOWA; RES. 11-
198, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIEN REGARDING A MORTGAGE AND APPENDIX B,
PROMISSORY NOTE FOR CONDITIONAL DECLINING BALANCE LOAN FOR THE
PROPERTY LOCATED AT 914 BENTON DRIVE, #13 AND 1745 DOVER STREET,
IOWA CITY, IOWA; RES. 11 -199, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A SECOND
MORTGAGE FOR THE PROPERTY LOCATED AT 1551 DICKENSON LANE, IOWA
CITY, IOWA; RES. 11 -200, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO
MORTGAGES FOR THE PROPERTY LOCATED AT 15 REGAL LANE, IOWA CITY,
IOWA.
Correspondence: Ronald Knoche regarding Competitive Quotation Results;
Katee Lynch regarding Citizen Survey [staff response included]; Steve Smith regarding
"Dude" housing... growing cancer for the Near Northside; Julie Ham regarding A move
for the Farmer's Market? [staff response included]; Steve Fugate regarding I -Renew
solar cell phone charging; John Moreland, Jr. regarding Stone Bridge Preliminary Plat;
Veronica Tessler regarding Opening new business on ped mall; Shecharya Flatte
regarding decriminalize marijuana.
Complete Description
June 7, 2011
Page 3
Veronica Tessler appeared regarding her correspondence on opening a new business on the
Ped. Mall. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the motion carried.
Airport Commission Chair Gardinier provided an update of the 35th Annual Air Race
Classic launching from the Iowa City Airport on June 21, and encouraged the public to attend
activities surrounding the event. Leah Cohen, representing the Downtown Association,
updated Council on Restaurant Week planned June 13 thru Father's Day on June 19; and
congratulated Summer of the Arts for the Arts Fest success the previous weekend. Steve
Fugate appeared regarding his correspondence on use of the Ped. Mall for solar phone
charging.
Moved by Bailey, seconded by Mims, to set a public hearing for June 21 on a
resolution amending the Comprehensive Plan to change the land use designation from
Single - Family /Duplex Residential to General Commercial for property located at the
northeast corner of the intersection of Highway 1 West and Hudson Avenue (1014, 1016, &
1022 Hudson Avenue) (CPA11- 00002). The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Wright, seconded by Bailey, to set a public hearing for June 21 on an
ordinance conditionally rezoning approximately .69 -acres of property located at 1014, 1016
and 1022 Hudson Avenue from Medium Density Single Family Residential (RS -8) to
Community Commercial (CC -2) (REZ11- 00008). The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Champion, seconded by Dickens, to set a public hearing for June 21 on an
ordinance amending City Code Title 14, Chapter 4, entitled Use Regulations, Article D,
Temporary Uses, adding provisions to allow football game day commercial uses as a
temporary use along Melrose Avenue and amending Chapter 9, entitled Definitions, to add
the definition of tailgating. 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 23.22 acres of property located at 2949 Rochester Avenue from Low Density
Single Family Residential (RS -5) Zone to Planned Development Overlay -Low Density Single
Family (OPD -5) Zone (REZ11- 00001), be given second vote. The Mayor requested Council
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.
Mayor Pro tem Wilburn stated he would be abstaining due to a conflict of interest and
left the meeting. Moved by Mims, seconded by Dickens, that the ordinance conditionally
rezoning approximately 10.39 acres located at 1725 North Dodge Street owned by the Press -
Citizen Company from Research Development Park (RDP) to Neighborhood Public (P1)
(REZ11- 00006), be given second vote. The Mayor requested Council report any ex parte
communications and none were reported. Affirmative roll call vote unanimous, 6/0/1, Wilburn
abstaining. The Mayor declared the motion carried. Mayor Pro tem Wilburn returned to the
meeting.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the Butler Bridge Pedestrian Trail project
STP -U- 3715(651)-- 70 -52, establishing amount of bid security to accompany each bid,
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June 7, 2011
Page 4
directing City Clerk to publish advertisement for bids and fixing time and place for receipt of
bids. No one appeared.
Moved by Mims, seconded by Bailey, to adopt RES. 11 -201, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE BUTLER BRIDGE PEDESTRIAN TRAIL PROJECT STP -U-
3715(651)--70-52, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH
BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS 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 approving plans, specifications, form of
contract, and estimate of cost for the construction of the FY 2012 Asphalt Resurfacing
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 -202, APPROVING
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE FY 2012 ASPHALT RESURFACING 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 conveyance of a single family
home located at 408 Fairchild Street. No one appeared.
Moved by Bailey, seconded by Wright, to adopt RES. 11 -203, AUTHORIZING
CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 408 FAIRCHILD STREET.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted.
Moved by Wilburn, seconded by Mims, 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. 11 -4431, AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION & FEES,"
CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND
PENALTIES," SECTION 6, " STORMWATER UTILITY FEE" AND AMENDING TITLE 16
ENTITLED "PUBLIC WORKS," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM
WATER COLLECTION, DISCHARGE AND RUNOFF," SECTION 10(F)(3) TO CHANGE
THE RATE OF THE STORMWATER UTILITY FEE, 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 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 Champion, seconded by Bailey, that ORD. 11 -4432, AMENDING TITLE 4,
ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION
8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED
ESTABLISHMENTS, SUBSECTION E, TO AMEND THE FINE AMOUNT FOR VIOLATIONS,
AND SUBSECTION D, TO AMEND THE WORDING OF THE NOTICE TO MATCH THE
NEW FINE AMOUNTS, AND TO ELIMINATE THE POSTING OF NOTICE AS AN ELEMENT
Complete Description
June 7, 2011
Page 5
OF THE OFFENSE, be passed and adopted. The Mayor declared the ordinance adopted,
4/3, with the following division of roll call vote. Ayes: Champion, Dickens, Wilburn, Bailey.
Nays: Hayek, Wright, Mims. Absent: None.
Moved by Champion, seconded by Mims, that the ordinance amending Title 6, entitled
"Public Health and Safety, Chapter 4, entitled, "Noise Control," and Title 10 of the City Code,
entitled "Public Ways and Property," Chapters 1 and 5, to establish a permit system for
amplified sound on City Plaza, to establish a permit system for information tables on City
Plaza, and to allow certain public assembly /parade permittees to sell goods and services and
use amplified sound, be given first vote. Individual Council Members expressed their views.
Moved by Bailey, seconded by Wright, to amend the ordinance by removing the information
table limit of four (section 3.3) and allowing tables on the Artisan's Gallery side of Blackhawk
mini park and near the Sheraton outdoor service area. City Atty. Dilkes stated staff will define
the area prior to the next consideration. The Mayor declared the motion to amend carried
unanimously,7 /0, all Council Members present. Affirmative roll call vote unanimous on the
ordinance as amended, 7/0, all Council Members present. The Mayor declared the motion
carried.
Moved by Bailey, seconded by Dickens, that the ordinance amending Title 8, Police
Regulations, Chapter 5, Miscellaneous Offenses, to add a new Section 12, entitled
"Fireworks," be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the motion carried.
Moved by Wright, seconded by Champion, to adopt RES. 11 -204, APPROVING
DISTRIBUTION OF THE "PROGRAM FOR IMPROVING NEIGHBORHOODS" (PIN) GRANT
FUNDS. Council expressed appreciation to the Neighborhood Council for reworking the
grants. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted. Moved by Wright, seconded by Wilburn, to accept
correspondence from Pam Ehrhardt and Cindy Roberts. The Mayor declared the motion
carried unanimously, 7/0, all Council Members present.
Moved by Bailey, seconded by Mims, to adopt RES. 11 -205, APPROVING,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST A CONTRACT FOR THE PERFORMANCE OF CONSULTING SERVICES BY AND
BETWEEN THE CITY OF IOWA CITY AND DIVARIS REAL ESTATE, INC., FOR A
STRATEGIC ASSESSMENT OF DOWNTOWN IOWA CITY AND RECOMMENDATIONS
FOR THE ENHANCEMENT OF RETAIL OPPORTUNITIES. 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 -206, AUTHORIZING
EXECUTION OF A COST SHARING AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND THE UNIVERSITY OF IOWA FOR PROFESSIONAL SERVICES TO CONDUCT A
STRATEGIC ASSESSMENT OF DOWNTOWN IOWA CITY AND MAKE
RECOMMENDATIONS FOR THE ENHANCEMENT OF RETAIL OPPORTUNITIES.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution carried.
Council Member Champion stated she would be abstaining due to a conflict of
interest. Moved by Bailey, seconded by Dickens, to adopt RES. 11 -207, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A GRANT AGREEMENT WITH
Complete Description
June 7, 2011
Page 6
NEWCREST FOR ARCHITECTURAL DESIGN SERVICES. Affirmative roll call vote
unanimous, 6/0/1, Champion abstaining. The Mayor declared the resolution carried.
Moved by Champion, seconded by Bailey, to adopt RES. 11 -208, AUTHORIZING THE
INSTALLATION OF SPEED HUMPS ON TIPPERARY ROAD BETWEEN SHANNON DRIVE
AND DUBLIN DRIVE. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the resolution carried. Moved by Wilburn, seconded by Bailey, to accept
correspondence from Ryan Niver, Austin Sherlock, John Ruth. The Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
Moved by Mims, seconded by Champion, to adopt RES. 11 -209, APPROVING AN
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY DOGPAC
FOR JOINT MAINTENANCE OF THE THORNBERRY AND RITA'S RANCH OFF -LEASH
DOG PARKS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the resolution carried.
Moved by Bailey, seconded by Wright, to adopt RES. 11 -210, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR
TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY,
LANDOWNER UNIVERSITY VIEW PARTNERS, AND TENANT CHILI YUMMY YUMMY
CHILI, INC. D /B /A CHILI YUMMY, FOR A SIDEWALK CAFE. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution carried.
Moved by Champion, seconded by Mims, to adopt RES. 11 -211, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR
TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY,
LANDOWNER MAUREEN MONDANARO, AND TENANT MONDO'S OF IOWA CITY, INC.
D /B /A JOSEPH'S STEAKHOUSE, FOR A SIDEWALK CAFE. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution carried.
Moved by Wilburn, seconded by Dickens, to adopt RES. 11 -212, AUTHORIZING THE
ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF 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 carried.
Moved by Bailey, seconded by Wilburn, to adopt RES. 11 -213, 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 NORTH DODGE STREET PEDESTRIAN BRIDGE OVER 180 PROJECT [ESIM-
080- 6(285)243- OS -52]. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the resolution carried.
Moved by Wright, seconded by Mims, to adopt RES. 11 -214, AWARDING
CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A CONTRACT FOR CONSTRUCTION OF THE EECBG WATER PLANT
IMPROVEMENT PROJECT to Randall Electric for $143,350.00. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution carried.
Moved by Champion, seconded by Wright, to adopt RES. 11 -215, AWARDING
CONTRACT to Calacci Construction for base bid of $353,649.40 AND AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE GILBERT STREET STREETSCAPE PROJECT. Affirmative roll
Complete Description
June 7, 2011
Page 7
call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
carried.
Moved by Bailey, seconded by Wright, to reappoint Terry Dickens, to the Seats
Paratransit Advisory Committee for a 2 -yr term, July 1, 2011 - June 30, 2013. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
The Mayor noted that no applications were received for the following Boards and
Commissions and all will be readvertised: 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 a six -year term January 1, 2006 - December 31, 2011;
Airport Zoning Commission for a six -year term January 1, 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; Youth Advisory
Commission for Tate High for a two -year term, January 1, 2011 - December 31, 2012;
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 accept
the recommendation from the Johnson County Board of Supervisors to appoint Robin
Paetzold as the County representative to the Board of Library Trustees. The Mayor declared
the motion carried unanimously, 7/0, all Council Members present. Moved by Wright,
seconded by Bailey, to accept correspondence from Pat Harney, Chair of the JC Board of
Supervisors. The Mayor declared the motion carried unanimously, 7/0, all Council Members
present.
The Mayor noted the previously announced vacancies: Housing & Community
Development Commission for three vacancies for three -year terms September 1, 2011 -
September 1, 2014; Parks & Recreation Commission for an unexpired term, effective upon
appointment, ending January 1, 2014; Police Citizens Review Board for a four -year term
September 1, 2011 - September 1, 2015. Applications must be received by 5:00 p.m.,
Wednesday, July 13, 2011.
The Mayor noted the current vacancies: Youth Advisory Commission for Regina High
for an unexpired term, effective upon appointment, plus a two -year term January 1, 2012 -
December 31, 2013; Senior Center Commission for an unexpired term, effective upon
appointment, ending December 31, 2012. Applications must be received by 5:00 p.m.,
Wednesday, July 13, 2011. Moved by Bailey, seconded by Mims, to accept correspondence
from Matt Lincoln. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
Council Member Wright complimented Summer of the Arts for the wonderful Arts Fest
the previous week -end.
Mayor Pro tem Wilburn echoed the comments regarding Arts Fest and stated he was
looking forward to the Friday Night Concert, Saturday night events, and Jazz Fest.
Council Member Bailey also acknowledged the success of Arts Fest, and the great
pancake breakfast Sunday morning; and noted the passing of Senior Center Member Jean
Martin.
Complete Description
June 7, 2011
Page 8
Council Member Dickens thanked all the volunteers for Arts Fest, noting it went up
quickly Friday and was quickly taken done Sunday evening; and invited everyone to the
Friday night concert on June 10 when his family sponsored the Beaker Brothers.
Mayor Hayek noted the passing of Ralph Neuzil a few weeks earlier and his impact on
many corners of the community; and also complimented Arts Fest.
City Atty. Dilkes provided the current definition for "amplified sound" in response to an
earlier question on item # 11.
Moved by Bailey, seconded by Wright, to adjourn meeting 8 p.m. The Mayor declared
the motion carried unanimously, 7/0, all Council Members present.
Matthew J. Hayek, ayor
Maria K. Karr, City Clerk
r
CITY OF IOWA CITY 3a1
_lu at
gm MEMORANDUM
Date: May 31, 2011
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, May 16, 2011, 6:30 PM in Emma J. Harvat Hall
Council: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright
UISG: Patel
Staff: Markus, Helling, Dilkes, Karr, Ford, Mansfield, Johansen, Fosse
(A complete transcription is available in the City Clerk's Office and the City website)
CONSENT CALENDAR ADDITIONS
Council approved the following changes presented by City Clerk Karr:
• Defer indefinitely # 3d(3) — Setting a hearing on the Water Works Prairie Park
• Add # 3d (5) — Setting a hearing on conveyance of single family home at 408 Fairchild
St.
• Delete for separate consideration # 3e(1) and revise to include the sale of native wines
for the Jazz Festival
AGENDA ITEMS
1. (Agenda item # 18 — ... resolution authorizing acquisition of property .... First Avenue Grade
Separation and Drainage Project) In response to Council Member Mims, Public Works Dir.
Fosse presented information. Majority of Council agreed to proceed with the resolution and
requested that the project be placed on an upcoming work session for review of the project,
timeline, and design. Council directed staff to make a special effort to invite those affected
to the presentation.
2. (Agenda item # 14 - ... resolution approving ... contract ... Divaris Real Estate ... strategic
assessment of downtown Iowa City and recommendations for the enhancement of retail
opportunities) Council Member Wright requested a clarification to Exhibit B, Section 3,
where three distinctive groups of consumers are referenced but only two listed. Economic
Development Coordinator Ford present for discussion. Staff will clarify prior to formal action.
3. (Consent Calendar addition 3f(7) — letter from Lisa Anthony re Sunday bus service for Arts
Fest & Jazz Fest) Council Member Bailey stated she thought Sunday service should be part
of the City's support package for the festivals. Asst. City Manager Helling will follow up with
Transportation Services and report back.
4. (Agenda item # 12 - ... resolution approving distribution of the "Program for Improved
Neighborhoods" (PIN) grant funds) Council Member Wright noted the letter from Dennis
Donovan distributed that evening. Council requested staff be prepared to discuss the issue
of use on private property at the formal meeting.
Council Work Session
May 16, 2011
Page 2
5. (Agenda item # 16- ...resolution awarding contract ... Iowa River Trail — Napoleon to
Trueblood Project) In response to Mayor Hayek, City Manager Markus stated the intent was
to complete Phase Two this construction season, and discussion would occur on completion
of Phase Three and fundraising efforts to date prior to proceeding with the final phase.
6. (Agenda item # 14 - ... resolution approving ... contract ... Divaris Real Estate ... strategic
assessment of downtown Iowa City and recommendations for the enhancement of retail
opportunities) City Atty. Dilkes reported that the consultant wanted the travel expenses not
included in the not to exceed amount and that was acceptable to staff. City Manager Markus
will ensure the split in costs were similar to other parts of the contract.
CITY PLAZA ORDINANCE REVISIONS [IP2 of May 12 Information Packet]
Asst. City Manager Helling and Adm. Asst. Johansen present for discussion. Council directed
staff to proceed with the following modifications:
• City Plaza - allow for a limited number of tables, where they can be located, restrict to
information /education purposes and no exchange of money
• Farmer's Market - allow tables for sharing of information only (no selling or exchange of
money) non - commercial tables for Farmer's Market days in Chauncey Swan and main
entrance to the parking facility.
STAFF ACTION: Prepare ordinance for Council consideration on June 7 agenda.
( Helling & Johansen)
INFORMATION PACKET DISCUSSION [May 5 & 12]
May 5
(IP3 — FY2011 Budget Amendment and agenda # 6 — hearing and resolution) Budget
Analyst Mansfield present for discussion.
May 12
(IP5 — KXIC Radio Show) Council agreed to the following schedule:
May 25 - Wright
June 1 - Dickens
June 8 - Hayek
June 15 - Mims
COUNCIL TIME
No discussion
BUDGET PRIORITIES
No discussion
SUMMARY OF PENDING WORK SESSION ISSUES [IP3]
Added First Avenue / Railroad Grade Separation Project
UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS
1. Council Member Bailey extended an invitation to attend the Iowa N.E.W. Leadership
reception on May 26.
2. Mayor Hayek will be attending the Memorial Day morning event at Oakland Cemetery.
3. Council Member Dickens stated he would be attending the May 18 Wal -Mart grand
opening.
Council Work Session
May 16, 2011
Page 3
DISCUSSION OF MEETING SCHEDULES
City Clerk Karr stated the summer and fall schedule would be discussed at the next work
session on June 6, and a proposed schedule distributed for comments.
Meeting adjourned 6:35 PM.
MU�(2):
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office 356 -5040.
The cost of publishing the following proceedings and claims is $
Cumulative cost for this calendar year for said publication is $_
OFFICIAL COUNCIL ACTIONS — 5/17/11
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.
The Mayor proclaimed: National Military Appreciation Month — May 2011, Mel
McMorris accepting.
Moved and seconded that the items and recommendations in the Consent Calendar
be received, or approved, and /or adopted as amended and to delete from Consent Calendar
item 3d (3), resolution setting hearing on Water Works Prairie Park Flood Mitigation and
delete from Consent Calendar and consider as separate consideration item 3e (1) resolution
on an agreement with Summer of the Arts:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: May 2, Special Council Formal Official and Complete; May 2, Regular
Council Work Session; May 3, Regular 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 - April 3, 2011; Public Art Advisory Committee - March 3, 2011;
Police Citizens Review Board - April 12, 2011; Planning and Zoning Commission -
April 21, 2011.
Permit Motions and Resolutions as Recommended by the City Clerk. New:
Five Day Class B Beer Permit for Iowa City Arts Fest, Iowa Ave. and Dubuque St.
(June 3 -5, 2011); Five Day Class B Beer Permit with Iowa Native Wine Privilege for
Iowa City Jazz Festival, Clinton St. (July 1 -3, 2011). Renewal: Class C Liquor
License for Sports Column, 12 S. Dubuque St.; Special Class C Liquor License for
Linn Street Cafe, Inc., 121 N. Linn St.; Class C Beer Permit for Suburban BP Amoco,
370 Scott Ct.; Class C Liquor License for Shakespeare's, 819 S. First Ave.; Class C
Liquor License for Colonial Lanes, 2253 Highway 218 S.; Special Class C Liquor
License Riverside Theatre, 213 N. Gilbert St.
Temporary License Transfer: Transfer of Special Class C Liquor License for
Riverside Theatre, 213 N. Gilbert St. to Riverside Festival Stage, City Park. (June 16 —
July 10, 2011).
Public Hearings: RES. 11 -168, AUTHORIZING MAILING AND PUBLICATION
OF NOTICE OF INTENT TO COMMENCE PUBLIC IMPROVEMENT PROJECT TO
CONSTRUCT THE 2011 LANDFILL BUFFER AND GROUNDWATER MONITORING
PROJECT AND TO ACQUIRE PROPERTY FOR THE PROJECT; AND SETTING
DATE OF PUBLIC HEARING ON JUNE 21,2011; RES. 11 -169, SETTING A PUBLIC
HEARING ON JUNE 7, 2011 ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
BUTLER BRIDGE PEDESTRIAN TRAIL PROJECT STP -U- 3715(651)-- 70 -52,
Official Actions
May 17, 2011
Page 2
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 -170, SETTING A PUBLIC HEARING ON JUNE 7, 2011 ON
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE FY 2012 ASPHALT RESURFACING 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 -171, SETTING PUBLIC HEARING FOR JUNE 7, 2011, ON A
PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 408 FAIRCHILD
STREET.
Resolutions: RES. 11 -172, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO AN AGREEMENT WITH RIVERSIDE THEATRE THAT
ALLOWS THE SALE OF WINE AND BEER UNDER LIMITED CIRCUMSTANCES IN
CITY PARK FROM JUNE 16, 2011 THROUGH JULY 10, 2011; RES. 11 -173,
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
COMMUNICATION DUCT INSTALLATION COMBINED PROJECTS; RES. 11 -174,
ACCEPTING THE WORK FOR THE ASBESTOS ABATEMENT AND REMOVAL OF
MISCELLANEOUS HAZARDOUS MATERIALS AT 645 McCOLLISTER BLVD. IN
IOWA CITY, IOWA PROJECT.
Correspondence: Cliff Pirnat regarding Recycle [staff response included]; Brandi
Janssen regarding Producer involvement in market decisions; Sara and Alan Cross
regarding Thank you; Joyce Barker regarding Waterfront Southgate; David Darby
regarding U.S. Route 6 Happenings; Dave Barnett regarding Sculptures, Lisa Anthony
regarding Bus Service.
The Mayor declared the motion carried.
Moved and seconded to adopt RES. 11 -175, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH SUMMER OF THE ARTS,
INC. TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND
POSSESSION OF BEER DURING ARTS FEST AND BEER AND NATIVE WINES FOR THE
JAZZ FEST WITHIN A SPECIFIED AREA ON A CITY STREET.
Mary Gravitt appeared regarding the reduction in the half hour service of the
Towncrest bus route.
A public hearing was held on an ordinance rezoning approximately 23.22 acres of
property located at 2949 Rochester Avenue from Low Density Single Family Residential (RS -5)
Zone to Planned Development Overlay -Low Density Single Family (OPD -5) Zone (REZ11-
00001). Jesse Allen, Rochester Ridge Development, appeared. Moved and seconded to
accept correspondence from Duane Musser and Becky Schaffner. The Mayor declared the
motion carried.
Moved and seconded that the ordinance conditionally rezoning approximately 23.22
acres of property located at 2949 Rochester Avenue from Low Density Single Family
Residential (RS -5) Zone to Planned Development Overlay -Low Density Single Family (OPD -5)
Zone (REZ11- 00001), be given first vote. The Mayor declared the motion carried.
Mayor Pro tem Wilburn stated he would be abstaining due to a conflict of interest and
left the meeting. A public hearing was held on an ordinance rezoning approximately 10.39
Official Actions
May 17, 2011
Page 3
acres located at 1725 North Dodge Street from Research Development Park (RDP) to
Neighborhood Public (P1) (REZ11- 00006).
Moved and seconded that the ordinance rezoning approximately 10.39 acres located
at 1725 North Dodge Street from Research Development Park (RDP) to Neighborhood Public
(P1) REZ11- 00006), be given first vote. The Mayor declared the motion carried. Mayor Pro
tem Wilburn returned to the meeting.
Moved and seconded 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. 11-
4427, APPROVING AN AMENDED PLANNED DEVELOPMENT OVERLAY (OPD -5) PLAN
FOR VILLAGE GREEN PART XX, LOT 50 (WELLINGTON CONDOMINIUMS), IOWA CITY,
IOWA (REZ11- 00007), be voted on for final passage at this time. The Mayor declared the
motion carried. Moved and seconded that the ordinance be finally adopted at this time.
Moved and seconded to accept correspondence from Stanley & Douglass LLC. The Mayor
declared the motion carried.
Moved and seconded that ORD. 11 -4428, 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 passed and adopted. George Dane, 1 Oaknoll Ct., read a
statement. Moved and seconded to accept correspondence from Marie Steenlage. The
Mayor declared the motion carried.
Moved and seconded to adopt RES. 11 -176, APPROVING THE PRELIMINARY PLAT
OF WINDSOR RIDGE — PART TWENTY -TWO, IOWA CITY, IOWA.
Moved and seconded to adopt RES. 11 -177, APPROVING THE FINAL PLAT OF
WINDSOR RIDGE PART TWENTY -TWO, IOWA CITY, IOWA.
A public hearing was held on a resolution amending the FY2011 Operating Budget.
Moved and seconded to adopt RES. 11 -178, AMENDING THE CURRENT BUDGET
FOR THE FISCAL YEAR ENDING JUNE 30, 2011.
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 Industrial Campus 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 -179, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE IOWA CITY INDUSTRIAL CAMPUS 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 an ordinance approving Title 3, entitled "Finances,
Taxation & Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines, and
Penalties," Section 6, "Stormwater Utility Fee" and amending Title 16 entitled "Public Works,"
Chapter 3, "City Utilities," Article G, "Storm Water Collection, Discharge and Runoff," Section
10(f)(3) to change the rate of the Stormwater Utility Fee.
Moved and seconded that the ordinance approving Title 3, entitled "Finances,
Taxation & Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines, and
Penalties," Section 6, "Stormwater Utility Fee" and amending Title 16 entitled "Public Works,"
Official Actions
May 17, 2011
Page 4
Chapter 3, "City Utilities," Article G, "Storm Water Collection, Discharge and Runoff," Section
10(f)(3) to change the rate of the Stormwater Utility Fee, be given first consideration. The
Mayor declared the motion carried.
Moved and seconded 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. 11-
4429, AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY," CHAPTER 3,
ENTITLED "WEED CONTROL" BY CHANGING THE DEFINITION OF WEED FROM
GRASS THAT IS FOURTEEN (14) INCHES IN HEIGHT TO TEN (10) INCHES be voted on
for final passage at this time. The Mayor declared the motion carried. Moved and seconded
that the ordinance be finally adopted at this time.
Moved and seconded 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. 11-
4430, AMENDING TITLE 17, "BUILDING AND HOUSING ", CHAPTER 5, "HOUSING
CODE ", SECTION 14, "INFORMATIONAL DISCLOSURE AND ACKNOWLEDGEMENT
FORM" TO INCLUDE INFORMATION ABOUT IOWA LAW RE: SECURITY DEPOSITS, be
voted on for final passage at this time. The Mayor declared the motion carried. Moved and
seconded that the ordinance be finally adopted at this time.
Moved and seconded that the ordinance amending Title 4, Alcoholic Beverages,
Chapter 5, Prohibitions and Restrictions, Section 8, persons under the legal age in licensed
or permitted establishments, Subsection E, to amend the fine amount for violations, and
Subsection D, to amend the wording of the notice to match the new fine amounts, and to
eliminate the posting of notice as an element of the offense, be given second vote. The
Mayor declared the motion carried.
Moved and seconded to adopt a resolution approving distribution of the "Program for
Improving Neighborhoods (PIN) Grant Funds. The following individuals appeared: Pam
Ehrhardt, Longfellow Neighborhood; Cindy Roberts, Grant Wood Neighborhood; Alicia
Trimble, Grant Wood Neighborhood; John Thomas, Northside Neighborhood; Mark Keehner,
Miller- Orchard Neighborhood; Mary Knudson, Miller- Orchard Neighborhood; and Jeff
Schabilion, Longfellow Neighborhood. Moved and seconded to amend the resolution to not
fund the Longfellow grant. The Mayor declared the motion carried. Moved and seconded to
defer consideration of the resolution to June 7. The Mayor declared the motion carried.
Moved and seconded to accept correspondence from Dennis Donovan. The Mayor declared
the motion carried.
Moved and seconded to adopt RES. 11 -180, ADOPTING CITY OF IOWA CITY
ECONOMIC DEVELOPMENT POLICIES.
Moved and seconded to defer to June 7 resolutions approving, authorizing and
directing the Mayor to execute and the City Clerk to attest a contract for the performance of
consulting services by and between the City of Iowa City and Divaris Real Estate, Inc., for a
strategic assessment of downtown Iowa City and recommendations for the enhancement of
retail opportunities; and resolution authorizing execution of a cost sharing agreement
between the City of Iowa City and the University of Iowa for professional services to conduct
a strategic assessment of downtown Iowa City and make recommendations for the
enhancement of retail opportunities. The Mayor declared the motion carried.
Official Actions
May 17, 2011
Page 5
Moved and seconded to adopt RES. 11 -181, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR CONSTRUCTION OF THE IOWA RIVER TRAIL - NAPOLEON TO TRUEBLOOD
PROJECT.
Moved and seconded to adopt RES. 11 -182, APPROVING, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN
AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND FOTH
INFRASTRUCTURE AND ENVIRONMENT, LLC TO PROVIDE ENGINEERING
CONSULTANT SERVICES FOR THE IOWA CITY INDUSTRIAL CAMPUS RAILROAD
IMPROVEMENTS PROJECT.
Moved and seconded to adopt RES. 11 -183, AUTHORIZING THE ACQUISITION OF
PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE FIRST AVENUE
GRADE SEPARATION AND DRAINAGE PROJECT. The following individuals appeared:
Bud Sueppel, Mary Gravitt, and Gary Hamdorf.
Moved and seconded to adopt RES. 11 -184, AMENDING THE BUDGETED
POSITIONS IN THE EQUIPMENT DIVISION OF THE PUBLIC WORKS DEPARTMENT BY
DECREASING THE EQUIPMENT CLERK POSITION BY .25 FTE AND INCREASING THE
BUYER I - EQUIPMENT POSITION BY .25 FTE.
The Mayor noted the previously announced vacancies to Board 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 a six -
year term January 1, 2006 - December 31, 2011; Airport Zoning Commission a six -year term
January 1, 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 to fill a two -year term
January 1, 2011 - December 31, 2012 for Tate High. Applications must be received by 5:00
p.m., Wednesday, June 1, 2011.
The Mayor noted the current vacancies: Housing & Community Development
Commission for three vacancies to fill three -year terms September 1, 2011 - September 1,
2014; Parks & Recreation Commission for an unexpired terms ending - January 1, 2014.
See correspondence included in Council packet; Police Citizens Review Board for a four -year
terms September 1, 2011 - September 1, 2015. Applications must be received by 5:00 p.m.,
Wednesday, July 13, 2011. Correspondence received from Lorin Ditzler. 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.]
Moved and seconded to adjourn meeting 9:00 p.m. The Mayor declared the motion
carried.
Official Actions
May 17, 2011
Page 6
A more complete description of Council Activities is on file in the office of the City
Clerk.
s /Matthew J. Hayek, Mayor
s /Marian K. Karr, City Clerk
Submit forte b cation --251 5111.
p
•
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office 356 -5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
MAY 17, 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, Fosse,
Boelk, Havel, Mansfield, Scott, Bollinger, Gannon.
The Mayor proclaimed: National Military Appreciation Month — May 2011, Mel
McMorris accepting.
Moved by Bailey, seconded by Champion, that the items and recommendations in the
Consent Calendar be received, or approved, and /or adopted as amended and to delete from
Consent Calendar item 3d (3), resolution setting hearing on Water Works Prairie Park Flood
Mitigation and delete from Consent Calendar and consider as separate consideration item 3e
(1) resolution on an agreement with Summer of the Arts:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: May 2, Special Council Formal Official and Complete; May 2, Regular
Council Work Session; May 3, Regular 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 - April 3, 2011; Public Art Advisory Committee - March 3, 2011;
Police Citizens Review Board - April 12, 2011; Planning and Zoning Commission -
April 21, 2011.
Permit Motions and Resolutions as Recommended by the City Clerk. New:
Five Day Class B Beer Permit for Summer of the Arts, Inc., dba Iowa City Arts Fest,
Iowa Ave. and Dubuque St. (June 3 -5, 2011); Five Day Class B Beer Permit with Iowa
Native Wine Privilege for Summer of the Arts, Inc., dba Iowa City Jazz Festival,
Clinton St. (July 1 -3, 2011). Renewal: Class C Liquor License for Column, Inc., dba
Sports Column, 12 S. Dubuque St.; Special Class C Liquor License for Linn Street
Cafe, Inc., dba Linn Street Cafe, Inc., 121 N. Linn St.; Class C Beer Permit for
Suburban Investors, LC, dba Suburban BP Amoco, 370 Scott Ct.; Class C Liquor
License for Quzer, Inc., dba Shakespeare's, 819 S. First Ave.; Class C Liquor License
for Pershell Corp., dba Colonial Lanes, 2253 Highway 218 S.; Special Class C Liquor
License for Riverside Theatre dba Riverside Theatre, 213 N. Gilbert St.
Temporary License Transfer: Transfer of Special Class C Liquor License for
Riverside Theatre dba Riverside Theatre, 213 N. Gilbert St. to Riverside Festival
Stage, City Park. (June 16 — July 10, 2011).
Public Hearings: RES. 11 -168, AUTHORIZING MAILING AND PUBLICATION
OF NOTICE OF INTENT TO COMMENCE PUBLIC IMPROVEMENT PROJECT TO
CONSTRUCT THE 2011 LANDFILL BUFFER AND GROUNDWATER MONITORING
PROJECT AND TO ACQUIRE PROPERTY FOR THE PROJECT; AND SETTING
DATE OF PUBLIC HEARING ON JUNE 21, 2011; RES. 11 -169, SETTING A PUBLIC
HEARING ON JUNE 7, 2011 ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
Complete Description
May 17, 2011
Page 2
BUTLER BRIDGE PEDESTRIAN TRAIL PROJECT STP -U- 3715(651)-- 70 -52,
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 -170, SETTING A PUBLIC HEARING ON JUNE 7, 2011 ON
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE FY 2012 ASPHALT RESURFACING 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 -171, SETTING PUBLIC HEARING FOR JUNE 7, 2011, ON A
PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 408 FAIRCHILD
STREET.
Resolutions: RES. 11 -172, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO AN AGREEMENT WITH RIVERSIDE THEATRE THAT
ALLOWS THE SALE OF WINE AND BEER UNDER LIMITED CIRCUMSTANCES IN
CITY PARK FROM JUNE 16, 2011 THROUGH JULY 10, 2011; RES. 11 -173,
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
COMMUNICATION DUCT INSTALLATION COMBINED PROJECTS; RES. 11 -174,
ACCEPTING THE WORK FOR THE ASBESTOS ABATEMENT AND REMOVAL OF
MISCELLANEOUS HAZARDOUS MATERIALS AT 645 McCOLLISTER BLVD. IN
IOWA CITY, IOWA PROJECT.
Correspondence: Cliff Pirnat regarding Recycle [staff response included]; Brandi
Janssen regarding Producer involvement in market decisions; Sara and Alan Cross
regarding Thank you, Joyce Barker regarding Waterfront Southgate; David Darby
regarding U.S. Route 6 Happenings; Dave Barnett regarding Sculptures; Lisa Anthony
regarding Bus Service.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
motion carried.
Moved by Champion, seconded by Wright, to adopt RES. 11 -175, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH
SUMMER OF THE ARTS, INC. TO ALLOW THE TEMPORARY AND LIMITED SALE,
CONSUMPTION, AND POSSESSION OF BEER DURING ARTS FEST AND BEER AND
NATIVE WINES FOR THE JAZZ FEST WITHIN A SPECIFIED AREA ON A CITY STREET.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted.
Mary Gravitt appeared regarding the reduction in the half hour service of the
Towncrest bus route.
A public hearing was held on an ordinance rezoning approximately 23.22 acres of
property located at 2949 Rochester Avenue from Low Density Single Family Residential (RS -5)
Zone to Planned Development Overlay -Low Density Single Family (OPD -5) Zone (Rochester
Ridge / REZ11- 00001). The Mayor requested Council Members disclose any ex parte
communications, and none were reported. PCD Director Davidson presented power point and
present for discussion. Jesse Allen, Rochester Ridge Development, appeared. Individual
Council Members expressed their views. Moved by Wright, seconded by Mims, to accept
correspondence from Duane Musser and Becky Schaffner. The Mayor declared the motion
carried unanimously, 7/0, all Council Members present.
Complete Description
May 17, 2011
Page 3
Moved by Bailey, seconded by Dickens, that the ordinance conditionally rezoning
approximately 23.22 acres of property located at 2949 Rochester Avenue from Low Density
Single Family Residential (RS -5) Zone to Planned Development Overlay -Low Density Single
Family (OPD -5) Zone (Rochester Ridge / REZ1 1 -00001), be given first vote. Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion
carried.
Mayor Pro tem Wilburn stated he would be abstaining due to a conflict of interest and
left the meeting. A public hearing was held on an ordinance rezoning approximately 10.39
acres located at 1725 North Dodge Street from Research Development Park (RDP) to
Neighborhood Public (P1) (Iowa City Community School District / REZ11- 00006). The Mayor
requested Council Members disclose any ex parte communications, and none were reported.
Individual Council Members expressed their views. PCD Director Davidson presented power
point and present for discussion.
Moved by Champion, seconded by Mims, that the ordinance rezoning approximately
10.39 acres located at 1725 North Dodge Street from Research Development Park (RDP) to
Neighborhood Public (P1) (Iowa City Community School District / REZ11- 00006), be given
first vote. Affirmative roll call vote unanimous, 6/0/1, Wilburn abstaining. The Mayor
declared the motion carried. Mayor Pro tem Wilburn returned to the meeting.
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. 11 -4427, APPROVING AN AMENDED PLANNED DEVELOPMENT
OVERLAY (OPD -5) PLAN FOR VILLAGE GREEN PART XX, LOT 50 (WELLINGTON
CONDOMINIUMS), IOWA CITY, IOWA (REZ11- 00007), be voted on for final passage at this
time. The Mayor requested Council Members disclose 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 Wilburn,
seconded by Bailey, to accept correspondence from Stanley & Douglass LLC. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Mims, seconded by Bailey, that ORD. 11 -4428, 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 passed and adopted. The Mayor requested Council
Members disclose any ex parte communications, and none were reported. George Dane, 1
Oaknoll Ct., read a statement. Individual Council Members expressed their views. The Mayor
declared the ordinance adopted, 5/2, with the following division of roll call vote. Ayes:
Wilburn, Bailey, Dickens, Hayek, Mims. Nays: Champion, Wright. Absent: None. Moved by
Wilburn, seconded by Bailey, to accept correspondence from Marie Steenlage. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Bailey, seconded by Mims, to adopt RES. 11 -176, APPROVING THE
PRELIMINARY PLAT OF WINDSOR RIDGE — PART TWENTY -TWO, IOWA CITY, IOWA.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted.
Complete Description
May 17, 2011
Page 4
Moved by Wright, seconded by Mims, to adopt RES. 11 -177, APPROVING THE
FINAL PLAT OF WINDSOR RIDGE PART TWENTY -TWO, IOWA CITY, IOWA. 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 amending the FY2011 Operating Budget.
Moved by Bailey, seconded by Mims, to adopt RES. 11 -178, AMENDING THE
CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 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 approving plans, specifications, form of
contract, and estimate of cost for the construction of the Iowa City Industrial Campus 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 by Bailey, seconded by Wilburn, to adopt RES. 11 -179, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE IOWA CITY INDUSTRIAL CAMPUS 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 an ordinance approving Title 3, entitled "Finances,
Taxation & Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines, and
Penalties," Section 6, "Stormwater Utility Fee" and amending Title 16 entitled "Public Works,"
Chapter 3, "City Utilities," Article G, "Storm Water Collection, Discharge and Runoff," Section
10(f)(3) to change the rate of the Stormwater Utility Fee.
Moved by Mims, seconded by Wright, that the ordinance approving Title 3, entitled
"Finances, Taxation & Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines,
and Penalties," Section 6, "Stormwater Utility Fee" and amending Title 16 entitled "Public
Works," Chapter 3, "City Utilities," Article G, "Storm Water Collection, Discharge and Runoff,"
Section 10(f)(3) to change the rate of the Stormwater Utility Fee, be given first consideration.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the motion carried.
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. 11 -4429, AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY,"
CHAPTER 3, ENTITLED "WEED CONTROL" BY CHANGING THE DEFINITION OF WEED
FROM GRASS THAT IS FOURTEEN (14) INCHES IN HEIGHT TO TEN (10) INCHES 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. 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,
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May 17, 2011
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and that ORD. 11 -4430, AMENDING TITLE 17, "BUILDING AND HOUSING', CHAPTER 5,
"HOUSING CODE ", SECTION 14, "INFORMATIONAL DISCLOSURE AND
ACKNOWLEDGEMENT FORM" TO INCLUDE INFORMATION ABOUT IOWA LAW RE:
SECURITY DEPOSITS, 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 Bailey, seconded by Dickens, that the ordinance amending Title 4, Alcoholic
Beverages, Chapter 5, Prohibitions and Restrictions, Section 8, persons under the legal age
in licensed or permitted establishments, Subsection E, to amend the fine amount for
violations, and Subsection D, to amend the wording of the notice to match the new fine
amounts, and to eliminate the posting of notice as an element of the offense, be given
second vote. The Mayor declared the motion carried, 4/3, with the following division of roll
call vote: Ayes: Wilburn, Bailey, Champion, Dickens. Nays: Hayek, Mims, Wright. Absent:
None.
Moved by Bailey, seconded by Wilburn, to adopt a resolution approving distribution of
the Program for Improving Neighborhoods" (PIN) Grant Funds. The following individuals
appeared: Pam Ehrhardt, Longfellow Neighborhood; Cindy Roberts, Grant Wood
Neighborhood; Alicia Trimble, Grant Wood Neighborhood; John Thomas, Northside
Neighborhood; Mark Keehner, Miller- Orchard Neighborhood; Mary Knudson, Miller- Orchard
Neighborhood; and Jeff Schabilion, Longfellow Neighborhood. Individual Council Members
expressed their views. Neighborhood Services Coordinator Bollinger present for discussion.
Moved by Wright, seconded by Bailey, to amend the resolution to not fund the Longfellow
grant. The Mayor declared the motion carried, 4/3, with the following voice vote: Ayes:
Mims, Wright, Hayek, Bailey. Nays: Champion, Wilburn, Dickens. Moved by Bailey,
seconded by Mims, to defer consideration of the resolution to June 7. The Mayor declared
the motion carried unanimously, 7/0, all Council Members present. Moved by Wright,
seconded by Mims, to accept correspondence from Dennis Donovan. The Mayor declared
the motion carried unanimously, 7/0, all Council Members present.
Moved by Mims, seconded by Bailey, to adopt RES. 11 -180, ADOPTING CITY OF
IOWA CITY ECONOMIC DEVELOPMENT POLICIES. Affirmative roll call vote unanimous,
7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Champion, seconded by Wright, to defer to June 7 resolutions approving,
authorizing and directing the Mayor to execute and the City Clerk to attest a contract for the
performance of consulting services by and between the City of Iowa City and Divaris Real
Estate, Inc., for a strategic assessment of downtown Iowa City and recommendations for the
enhancement of retail opportunities; and resolution authorizing execution of a cost sharing
agreement between the City of Iowa City and the University of Iowa for professional services
to conduct a strategic assessment of downtown Iowa City and make recommendations for
the enhancement of retail opportunities. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Mims, seconded by Wilburn, to adopt RES. 11 -181, AWARDING
CONTRACT to Metro Pavers for $182,307.75 AND AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA
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May 17, 2011
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RIVER TRAIL - NAPOLEON TO TRUEBLOOD PROJECT. 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 -182, APPROVING,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND FOTH
INFRASTRUCTURE AND ENVIRONMENT, LLC TO PROVIDE ENGINEERING
CONSULTANT SERVICES FOR THE IOWA CITY INDUSTRIAL CAMPUS RAILROAD
IMPROVEMENTS PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the resolution adopted.
Moved by Bailey, seconded by Mims, to adopt RES. 11 -183, AUTHORIZING THE
ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE
FIRST AVENUE GRADE SEPARATION AND DRAINAGE PROJECT. The following
individuals appeared: Bud Sueppel, Mary Gravitt, and Gary Hamdorf. Public Works Director
Fosse present for discussion. Individual Council Members expressed their views. The Mayor
declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes:
Wilburn, Wright, Bailey, Champion, Hayek, Mims. Nays: Dickens. Absent: None.
Moved by Wright, seconded by Wilburn, to adopt RES. 11 -184, AMENDING THE
BUDGETED POSITIONS IN THE EQUIPMENT DIVISION OF THE PUBLIC WORKS
DEPARTMENT BY DECREASING THE EQUIPMENT CLERK POSITION BY .25 FTE AND
INCREASING THE BUYER I - EQUIPMENT POSITION BY .25 FTE. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
The Mayor noted the previously announced vacancies to Board 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 a six -
year term January 1, 2006 - December 31, 2011; Airport Zoning Commission a six -year term
January 1, 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 to fill a two -year term
January 1, 2011 - December 31, 2012 for Tate High. Applications must be received by 5:00
p.m., Wednesday, June 1, 2011.
The Mayor noted the current vacancies: Housing & Community Development
Commission for three vacancies to fill three -year terms September 1, 2011 - September 1,
2014; Parks & Recreation Commission for an unexpired terms ending - January 1, 2014.
See correspondence included in Council packet; Police Citizens Review Board for a four -year
terms September 1, 2011 - September 1, 2015. Applications must be received by 5:00 p.m.,
Wednesday, July 13, 2011. Correspondence received from Lorin Ditzler. 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
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May 17, 2011
Page 7
advertise vacancies with postings and on the Council agenda. However, no additional
publication costs will be incurred.]
Mayor Pro tern Wilburn stated he was looking forward to the Old Pioneer to New
pioneer bike ride May 18.
Council Member Wright reported on the car /bike /bus race the previous day as part of
the Bike to Work Week events.
Council Member Champion encouraged all bikers to bike with lights at night.
Council Member Mims reminded bicyclists to obey traffic signals, and announced that
the new trail maps were available for bikers, walkers, and joggers.
Moved by Wilburn, seconded by Mims, to adjourn meeting 9:00 p.m. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk