HomeMy WebLinkAbout2011-07-05 Council minutesRESOLUTION NUMBERING ERROR:
11 -218
11 -232
11 -219
11 -233
11 -220
11 -234
11 -221
11 -235
11 -222
11 -236
11 -223
11 -237
11 -224
11 -238
11 -225
11 -239
11 -226
11 -240
11 -227
11 -241
11 -228
11 -242
11 -229
11 -243
11 -230
11 -244
11 -231
11 -245
Duplicate numbers were issued to the above resolutions. Please
verify content of the resolution as there WILL be two documents with
the same number.
Subject to change as finalized by the City Clerk. For a final official copy, contact the City 3a(2)
Clerk's Office 356 -5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
JULY 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, Rummel,
O'Brien, Boothroy, Moran, Fosse, Kopping, Bentley, Ford.
The Mayor proclaimed: Park & Recreation Month — July, Parks & Rec. Dir. Moran
accepting.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Champion, seconded by Mims, that the 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: June 20, Regular Council Work Session; June 21, 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 - May 12, 2011; Housing and Community Development
Commission - April 21, 2011; Human Rights Commission - May 17, 2011;
Telecommunications Commission - May 22, 2011.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Class C Liquor License for Coach's Corner Sports Pub, LLC, dba Coach's
Corner Sports Pub, LLC, 749 Mormon Trek Blvd.; Class E Liquor License for Caylor
Enterprises, LLC, dba Liquor House 425 S. Gilbert St.; Class E Liquor License for IC
War, dba Sauce, 108 E. College St.
Renewal: Special Class C Liquor License for P & M Restaurant, Inc., dba
Sushi Popo, 725 Mormon Trek Blvd.; Class C Liquor License for Iowa City Aerie No.
695 Fraternal Order of Eagles dba Fraternal Order of Eagles No. 695, 225 Hwy 1
West; Class C Liquor License for Jimmy Jack's, Inc., dba Jimmy Jack's Rib Shack,
1940 Lower Muscatine Rd.; Outdoor Service Area for Jimmy Jack's, Inc., dba Jimmy
Jack's Rib Shack, 1940 Lower Muscatine Rd.; Class C Liquor License for Roy L
Chopek/Walter L "Bud" Ott Post 17, dba American Legion Post 17, 3016 Muscatine
Ave.; Class C Liquor License for Pub Gal, Inc., dba IC Uglys, 210 N. Linn St.
Class C Liquor License for Hildago, Inc., dba El Cactus Authentic Mexican Cuisine,
1921 Keokuk St.; Class E Liquor License for Hartig Drug Co., Inc., dba Hartig Drug
Store #10, 701 Mormon Trek Blvd.; RES. 11 -218, TO ISSUE CIGARETTE PERMIT;
RES. 11 -219, TO ISSUE DANCING PERMIT.
Public Hearings: Set a public hearing for August 2, 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); Set a public hearing for July 12,
2011, on ordinances amending City Code 1 -5 -1 and 1 -9 -3 of the Code of Ordinances
of Iowa City establishing the boundaries of the precincts and the City Council Districts
in Iowa City; RES. 11 -220, SETTING PUBLIC HEARING FOR JULY 12, 2011, ON A
PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 826 DAVENPORT
STREET.
Resolutions: RES. 11 -221, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 408 FAIRCHILD STREET, IOWA CITY, IOWA; RES. 11-
Complete Description
July 5, 2011
Page 2
222, AUTHORIZING APPLICATIONS FOR FUNDING ASSISTANCE FROM THE
IOWA DEPARTMENT OF TRANSPORTATION (IDOT) FOR DEVELOPMENT OF A
RECREATION TRAIL AND BRIDGE ACROSS THE IOWA RIVER FROM ROCKY
SHORE DRIVE TO PENINSULA PARK; RES. 11 -223, AUTHORIZING
APPLICATIONS FOR FUNDING ASSISTANCE FROM THE IOWA DEPARTMENT OF
TRANSPORTATION (IDOT) FOR DEVELOPMENT OF THE IOWA RIVER CORRIDOR
TRAIL ALONG THE IOWA RIVER FROM INTERSTATE 80 TO PENINSULA PARK;
RES. 11 -224, AUTHORIZING APPLICATIONS FOR FUNDING ASSISTANCE FROM
THE IOWA DEPARTMENT OF TRANSPORTATION (IDOT) FOR DEVELOPMENT OF
THE IOWA RIVER CORRIDOR TRAIL ALONG THE IOWA RIVER FROM BENTON
STREET TO STURGIS FERRY PARK; RES. 11 -225, AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST APPROVAL OF MEDIACOM
COMMUNICATIONS CORPORATION'S 2011 UPDATING OF RATES FOR BASIC
CABLE SERVICES; RES. 11 -226, AUTHORIZING THE MAYOR TO SIGN AN IOWA
DEPARTMENT OF TRANSPORTATION AGREEMENT FOR MAINTENANCE AND
REPAIR OF PRIMARY ROADS IN MUNICIPALITIES; RES. 11 -227, CHANGING
TIME AND DATE FOR THE RECEIPT OF BIDS FOR THE NORTH MARKET
SQUARE PARK IMPROVEMENT PROJECT AND DIRECTING CITY CLERK TO
PUBLISH THE REVISED NOTICE TO BIDDERS.
Motions: Approve disbursements in the amount of $11,594,145.26 for the
period of May 1 through May 31, 2011, as recommended by the Finance Director
subject to audit.
Correspondence: Traffic Engineering Planner regarding Removal of (2) NO
PARKING 8AM TO 5PM MONDAY THRU FRIDAY signs on the south side of 300 -block
of East 2nd Street; ICAD Group Board Chair regarding Iowa City Area Development
Group Five Year Investment Campaign; Gary Chaison regarding Nepotism Policy
Request [Staff responded]; Joyce Barker regarding Waterfront June 28, 2011 [staff
response distributed 7/5.]
A public hearing was held on an ordinance amending the Iowa City Zoning Code,
Articles 14 -4A, Use Categories, and 14 -9A, General Definitions, to add a definition of
Parental Group Home. No one appeared.
Moved by Bailey, seconded by Mims, that the ordinance amending the Iowa City
Zoning Code, Articles 14 -4A, Use Categories, and 14 -9A, General Definitions, to add a
definition of Parental Group Home, be given first vote.
Moved by Champion, seconded by Bailey, that the ordinance conditionally rezoning
approximately 0.69 -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), be given second vote. The Mayor requested Council Members disclose any ex parte
communications, and none were reported.
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 -4437, 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, be voted on for final passage at this time. Jean Walker, 335
Lucon Dr., appeared. Moved by Wilburn, seconded by Wright, that the ordinance be finally
Complete Description
July 5, 2011
Page 3
adopted at this time Moved by Champion, seconded by Mims, to accept correspondence
from Melvin Sunshine, Jean Walker, Mitch Thomann, and Allen Miller & Noah Silvey.
A public hearing was held on an ordinance amending Title 3, entitled "Finances,
Taxation and Fees" and Title 9, entitled "Motor Vehicles and Traffic" of the Iowa City Code of
Ordinances to establish downtown moped parking permit requirements and fees. UISG
Liaison Raj Patel appeared. Moved by Mims, seconded by Wright, to accept
correspondence from Robert Peterson, Joyce Barker, and Steve Goetzelman.
Moved by Mims, seconded by Wilburn, that the ordinance amending Title 3, entitled
"Finances, Taxation and Fees" and Title 9, entitled "Motor Vehicles and Traffic" of the Iowa
City Code of Ordinances to establish downtown moped parking permit requirements and
fees, be given first vote. Transportation Services Dir. O'Brien present for discussion.
A public hearing was held on resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the College Green Park Lighting
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 Bailey, seconded by Dickens, to adopt RES. 11 -228, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE COLLEGE GREEN PARK LIGHTING 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 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 -4438, AMENDING CITY CODE TITLE 16, CHAPTER 3, CONNECTION
TO DISTRIBUTION MAIN, ARTICLE C, SECTION 3, be voted on for final passage at this
time. Moved by Wilburn, seconded by Bailey, that the ordinance be finally adopted at this
time.
Moved by Champion, seconded by Bailey, to adopt RES. 11 -229, AMENDING THE
BUDGETED POSITIONS AT THE IOWA CITY PUBLIC LIBRARY AND THE TITLES IN THE
AFSCME PAYPLAN BY DELETING A LIBRARY ASSISTANT II, ADDING HOURS TO THE
LIBRARY WEB SPECIALIST AND CREATING A LIBRARY PUBLIC RELATIONS
SPECIALIST.
Moved by Bailey, seconded by Dickens, to adopt RES. 11 -230, 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 HDR
ENGINEERING, INC. TO PROVIDE CONSULTANT SERVICES FOR THE DOWNTOWN
AND RIVERFRONT CROSSINGS ELEMENTS OF THE COMPREHENSIVE PLAN.
Moved by Bailey, seconded by Dickens, to adopt RES. 11 -231, GRANTING THE CITY
MANAGER ADMINISTRATIVE AUTHORITY TO MAKE TOWNCREST URBAN RENEWAL
GRANTS FOR THE TOWNCREST FAQADE RENOVATION PROGRAM AND THE
PREDEVELOPMENT DESIGN ASSISTANCE PROGRAM.
Moved by Mims, seconded by Wilburn, to adopt RES. 11 -232, AWARDING
CONTRACT to LL Pelling Co. for $ 717,737.10 AND AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FY
2012 ASPHALT RESURFACING PROJECT.
Complete Description
July 5, 2011
Page 4
Moved by Bailey, seconded by Wright, to defer to August 2, a resolution 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 HDR Inc. to provide engineering consultant services
for the Taft Speedway Flood Mitigation Study Project. Moved by Wilburn, seconded by
Mims, to accept correspondence from Madonna White, Becky Hall, Mary Murphy (including
staff response) and Brenna, Brad, Everly, Anden and Hutch Eldeen
Moved by Wright, seconded by Mims, to adopt RES. 11 -233, THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A GRANT AGREEMENT WITH JOHNSON COUNTY
FOR FUNDS TO SUPPORT THE IOWA CITY /JOHNSON COUNTY SENIOR CENTER.
Individual Council Members expressed their views. The Mayor declared the resolution
adopted, 5/2, with the following division of roll call vote: Ayes: Bailey, Dickens, Hayek, Mims,
Wilburn. Nays: Champion, Wright. Absent: None.
The Mayor noted the previously announced vacancies: 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; Housing
& Community Development Commission for three vacancies to fill 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; Senior Center Commission for an
unexpired term, effective upon appointment, ending December 31, 2012; Youth Advisory
Commission for an unexpired term, effective upon appointment, plus a two -year term January
1, 2012 — December 31, 2013 for Regina High. Youth Advisory Commission for a two -year
term January 1, 2011 — December 31, 2012 for Tate High. Applications must be received by
5:00 p.m., Wednesday, July 13, 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.] The Mayor
encouraged citizens to apply and become involved in the community.
Council Member Wright thanked all those involved in the successful Jazz Festival and
fireworks display.
Mayor Pro tem Wilburn reported on his participation in the Journey of Hope on July 19
to raise awareness for funding and research for persons with disabilities.
Council Members Bailey and Dickens echoed comments regarding the Jazz Festival
and fireworks.
Moved by Mims, seconded by Bailey, to adjourn meeting 7:28 p.m.
Matthew J. Ha a k, Mayor
11 �,,/
Man K. Karr, City Clerk
I
��i® CITY OF IOWA CITY 3a(1)
MEMORANDU
Date: June 28, 2011
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, June 20, 2011, 5:30 PM in Emma J. Harvat Hall
Council: Bailey, Champion, Dickens, Hayek, Mims, Wilburn (5:35), Wright
UISG Rep.: Patel
Staff: Markus, Helling, Dilkes, Karr, Fosse, Dyson, Jordan, Craig, Havel, Boothroy,
Davidson, Bentley
(A complete transcription is available in the City Clerk's Office and the City website)
MELROSE AVENUE VENDING [Planning & Zoning Item "d]
d. 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.
HIS Dir. Boothroy presented information on the proposed ordinance. Majority agreed to
proceed as outlined.
AGENDA ITEMS
1. (Consent Calendar # 2d(1) — setting public hearing ... downtown moped parking ...) In
response to questions from UISG Rep. Patel, Mayor Hayek explained the item was just to
set the hearing and the ordinance would be in the next packet. City Atty. Dilkes stated a
copy of the ordinance was on file in the City Clerk's office, and he might obtain a copy there
and address some of the questions raised.
2. (Agenda item # 11 — Ordinance amending Title 6, ... permit system ... amplified sound ...
information tables ... City Plaza ...) In response to questions, Asst. City Manager Helling
stated the new language provided for 5 or 6 tables along the fountain area in addition to the
minipark area.
3. (Agenda item # 16 — Resolution authorizing .... agreement ... between the City of Iowa City
and the City of University Heights ... transit service ...) In response to Council Member
Mims, PCD Dir. Davidson explained the agreement had been worked put 6 -8 years ago, is
reviewed annually, and is based on a percentage of the total expenses of the system.
4. (Agenda item # 8 — Resolution approving plans, specifications ... North Market Square Park
Improvements Project ....) PW Dir. Fosse distributed a large plat of the project filed June 7
in the City Clerk's office (not archived as part of this meeting). Rec. Supt. Dyson present for
discussion. Staff will follow up on the process re Council presentation /review of capital
projects, and a level of standardization among projects.
Council Work Session
June 20, 2011
Page 2
5. (Agenda item # 23 — Resolution approving ... agreement ... Foth Infrastructure and
Environment, LLC ... for the First Avenue Storm Sewer Improvements Project) In response
to Council Member Bailey, PW Dir. Fosse this project dovetails into the Lower Muscatine
Improvements Project, and is necessary prior to the First Avenue Grade Separation Project.
6. (Agenda item # 22 — Resolution approving ... agreement ... Foth Infrastructure and
Environment, LLC ... for the Lower Muscatine Road Reconstruction Project (Kirkwood Ave.
to 1 srt Ave.) PW Dir. Fosse and Civil Engr. Havel provided information on the project and
the process for letting the agreement. City Atty. Dilkes stated typically the City does not look
for the lowest responsible bidder but rather develops a scope of service and then negotiates
a price.
7. (Agenda item # 20 — Resolution awarding contract ... Industrial Campus Project) Mayor
Hayek stated he would be abstaining and his firm does work for Maxwell Construction.
8. (Agenda item # 4f — Ordinance .... Rezoning 1725 North Dodge ...) Mayor Pro tem Wilburn
stated he will continue to abstain on the rezoning involving the former Press - Citizen building.
9. (Agenda item # 25 — Resolution amending the budgeted positions in the City Manager's
office .... Deleting Assistant City Manager ... and adding Assistant to the City Manager
position....) City Manager Markus and Asst. City Manager Helling provided information and
responded to questions.
SOLID WASTE MANAGEMENT PLAN [Agenda item #21 & IP12 of June 9]
PW Dir. Fosse and Recycling Coordinator presented a power point. Majority agreed to proceed.
IOWA CITY PUBLIC LIBRARY FACILITY PLAN [ #IP11 of June 9]
Library Dir. Craig and President of the Library Board of Trustees Tom Martin presented a power
point, and thanked Council for their continued support.
INFORMATION PACKET DISCUSSION [June 9, June 16]
• June 9
No discussion
• June 16
(IP3 — Memo from City Clerk re KXIC Radio Show) Majority agreed to the following schedule:
June 22 - Champion
June 29 - Dickens
July 6 - Wright
July 13 - Hayek
July 20 - open
July 27 - open
August 3 - Mims
COUNCIL TIME
1. Council Member Bailey stated she had received a call from a resident in the Parkview
Terrace area regarding a green space area plan they were presented and when the Council
would be presented with the plan. City Manager Markus reported Parks & Recreation Dir.
Moran had initiated conversations with the neighborhood on the plan and would follow up
with him to include Council in the process and report back on a timeline.
Council Work Session
June 20, 2011
Page 3
2. Council Member Bailey asked if there was a City plan or policy on maintaining the riverfront
properties owned by the City. PW Dir. Fosse present for discussion. Staff will report back
on a policy regarding sustainability and maintenance.
3. Council Member Champion reported that the Criminal Justice Committee had made a
decision regarding a new jail and funding.
BUDGET PRIORITIES
No discussion
SUMMARY OF PENDING WORK SESSION ISSUES [IP#2]
No discussion
UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS
1. Mayor Pro tem Wilburn reported he had been contacted to participate in the National
Journey of Hope fundraiser for persons with mental and physical disabilities and asked
him to speak at the Old Capitol on July 19tH
2. City Manager Markus introduced City Management Intern Adam Bentley.
DISCUSSION OF MEETING SCHEDULES
1. City Clerk Karr stated the City had received an invitation to participate in the
Ascertainment meeting on Tuesday, June 21, at MKRY Radio in Cedar Rapids. Council
Members will check their availability and report back to Karr the next morning. (Note:
Christine Scheetz, United Way President & CEO attended the event representing Iowa
City.)
2. Council Member changed their November meeting schedule as follows:
November 14, 15, 18 — no meetings
November 21, 22 — special work session and formal
November 29 — special work session, strategic planning
Karr will provide revised schedule.
Meeting adjourned 7:35 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 — 6/21/11
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.
Moved and seconded that the items and recommendations in the Consent Calendar
be received, or approved, and /or adopted as presented:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: June 7, Special Council Work Session; June 7, 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): Historic Preservation Commission: May 12, 2011; Planning & Zoning
Commission: May 19, 2011; Police Citizens Review Board: May 10, 2011; Senior
Center Commission: February 17, 2011.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Class E Liquor License for Kum & Go #422, 513 S Riverside Dr.; Class E Liquor
License for Kum & Go #53, 955 Mormon Trek Blvd.
Renewal: Class C Beer Permit for Kum & Go #422, 513 S Riverside Dr.; Class
E Liquor License for CVS /Pharmacy #8547, 2425 Muscatine Ave.; Class C Liquor
License for Dublin Underground, 5 S. Dubuque St.; Class E Liquor License for John's
Grocery, Inc., 401 E. Market St.; Class C Beer Permit for Walgreens #5077, 2214
Muscatine Ave.; Special Class C Liquor License for Z'Mariks Noodle Cafe, 19 S
Dubuque St.; Class C Liquor License for Dave's Foxhead Tavern, 402 E. Market St.;
Class C Liquor License for Weekes -Van Eck Post #3949, 609 Highway 6. RES. 11-
216, TO ISSUE CIGARETTE PERMITS.
Public Hearings: RES. 11 -217, SETTING A PUBLIC HEARING ON JULY 5,
2011 ON AN ORDINANCE AMENDING TITLE 3, ENTITLES "FINANCES, TAXATION
AND FEES" AND TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC" OF THE
IOWA CITY CODE OF ORDINANCES TO ESTABLISH DOWNTOWN MOPED
PARKING PERMIT REQUIREMENTS AND FEES AND DIRECTING CITY CLERK TO
PUBLISH NOTICE OF SAID HEARING; RES. 11 -218, SETTING A PUBLIC
HEARING ON JULY 5, 2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COLLEGE GREEN
PARK LIGHTING REPLACEMENT PROJECT, DIRECTING CITY CLERK TO
PUBLISH NOTICE OF SAID HERAING, AND DIRECTING THE CITY ENGINEER TO
PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
Resolutions: RES. 11 -219, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO
MORTGAGES FOR THE PROPERTY LOCATED AT 440 3RD AVENUE, IOWA CITY,
Official Actions
June 21, 2011
Page 2
IOWA.; RES. 11 -220, 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; RES. 11 -221, ACCEPTING THE WORK FOR THE CDBG DEMOLITIONS
PROJECT — CONTRACT #2; RES. 11 -222, ACCEPTING THE WORK FOR THE 404 -
HMPG DEMOLITION PROJECT — CONTRACT #4; RES. 11 -223, ACCEPTING THE
WORK FOR THE IOWA CITY PARKING OFFICE REMODEL PROJECT; RES. 11-
224, ACCEPTING THE WORK FOR THE PENINSULA FLOOD MITIGATION
IMPROVEMENTS PROJECT; RES. 11 -225, APPROVING THE FINANCE
DIRECTOR TO HAVE THE AUTHORITY TO ESTABLISH FUND BALANCE
ASSIGNMENTS IN ANY AND ALL FUNDS.
Correspondence: Traffic Engineering Planner regarding Installation of (1)
HANDICAP PARKING space on the east side of 7t" Avenue, adjacent to the 539
Woodridge Avenue property; Tom Breese regarding 300 Block of South Linn Street,
West Side.
The Mayor declared the motion carried.
Moved and seconded to set a public hearing for July 5 on an ordinance amending the
Iowa City Zoning Code, Articles 14 -4A, Use Categories, and 14 -9A, General Definitions, to
add a definition of Parental Group Home. The Mayor declared the motion carried.
A public hearing was held on 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).
Moved and seconded to adopt RES. 11 -226, 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).
A public hearing was held 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).
Moved and seconded that the ordinance conditionally rezoning approximately 0.69 -
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), be given
first vote. The Mayor declared the motion carried. Moved and seconded to accept
correspondence from Mary Knudson [staff response included]. The Mayor declared the
motion carried.
A public hearing was held 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 following individuals
appeared: Jean Walker, 335 Lucon Dr.; and Sheldon Stromquist, 316 Myrtle. Moved and
seconded to accept correspondence from Jean Walker. The Mayor declared the motion
carried.
Official Actions
June 21, 2011
Page 3
Moved and seconded that the 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, be given first vote. Shelton
Stromquist, 316 Myrtle, and Ron Christiansen, Game Day Iowa, appeared. The Mayor
declared the motion carried.
Moved and seconded that ORD. 11 -4433, 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 passed and adopted.
Mayor Pro tem Wilburn stated he would be abstaining due to a conflict of interest and
left the meeting. Moved and seconded that ORD. 11 -4434, CONDITIONALLY REZONING
APPROXIMATELY 10.39 ACRES LOCATED AT 1725 NORTH DODGE STREET FROM
RESEARCH DEVELOPMENT PARK (RDP) TO NEIGHBORHOOD PUBLIC (P1) (REZ11-
00006), be passed and adopted. Mayor Pro tem Wilburn returned to the meeting.
Moved and seconded to adopt RES. 11 -227 EXTENDING THE PERIOD OF
EFFECTIVENESS OF THE PRELIMINARY PLAT OF STONE BRIDGE ESTATES, PARTS
7, 8, AND 9, IOWA CITY, IOWA, TO JULY 28, 2013.
Moved and seconded to send a letter of recommendation to the Johnson County
Board of Adjustment regarding a Conditional Use Permit for a truck equipment and storage
business at 4525 Taft Avenue SE (CU11- 00001). The Mayor declared the motion carried.
A public hearing was held on a resolution authorizing conveyance of a single family
home located at 1207 Muscatine Avenue.
Moved and seconded to adopt RES. 11 -228 AUTHORIZING CONVEYANCE OF A
SINGLE FAMILY HOME LOCATED AT 1207 MUSCATINE AVENUE.
A public hearing was held on a resolution authorizing conveyance of a single family
home located at 1551 Dickenson Lane.
Moved and seconded to adopt RES. 11 -229, AUTHORIZING CONVEYANCE OF A
SINGLE FAMILY HOME LOCATED AT 1551 DICKENSON LANE.
A public hearing was held on a resolution authorizing the Mayor to sign and the City
Clerk to attest an amendment to the lease agreement with the State Board of Regents for the
University of Iowa for the lease of commercial space in the Iowa City Public Library Building.
Moved and seconded to adopt RES. 11 -230 AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE LEASE AGREEMENT
WITH THE STATE BOARD OF REGENTS FOR THE UNIVERSITY OF IOWA FOR THE
LEASE OF COMMERCIAL SPACE IN THE IOWA CITY PUBLIC LIBRARY BUILDING.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the North Market Square Park
Improvement 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. Northside
resident John Thomas appeared. Moved and seconded to accept correspondence from John
Thomas. The Mayor declared the motion carried.
Moved and seconded to adopt RES. 11 -231, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
Official Actions
June 21, 2011
Page 4
CONSTRUCTION OF THE NORTH MARKET SQUARE PARK IMPROVEMENT 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 amending City Code Title 16, Chapter 3,
Connection to Distribution Main, Article C, Section 3.
Moved and seconded that the ordinance amending City Code Title 16, Chapter 3,
Connection to Distribution Main, Article C, Section 3, be given first vote. The Mayor declared
the motion carried.
A public hearing was held on a resolution approving the City's intent to proceed with
and authorizing the acquisition of property rights for the 2011 Landfill Buffer and Groundwater
Monitoring Property Acquisition Project. Roger Hurt, 3165 IWV Rd. SW, appeared.
Moved and seconded to adopt RES. 11 -232, DECLARING THE CITY'S INTENT TO
PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR
THE 2011 LANDFILL BUFFER AND GROUNDWATER MONITORING PROPERTY
ACQUISITION PROJECT.
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-
4435, 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 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-
4436, AMENDING TITLE 8, POLICE REGULATIONS, CHAPTER 5, MISCELLANEOUS
OFFENSES, TO ADD A NEW SECTION 12, ENTITLED "FIREWORKS" 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 adopt RES. 11 -233, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE SIXTH AMENDMENT TO THE PENINSULA
NEIGHBORHOOD DEVELOPMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND PENINSULA DEVELOPMENT COMPANY, L.L.C. (PDC). Moved and seconded to
accept correspondence from Patrick Stewart, Project Manager, Peninsula Development
Company. The Mayor declared the motion carried.
Moved and seconded to adopt RES. 11 -234, DECLARING THE CITY OF IOWA
CITY'S CONSENT TO INCLUDE CERTAIN AGRICULTURAL LAND IN THE SCOTT SIX
URBAN RENEWAL AREA, AMENDMENT NO. 1.
Moved and seconded to adopt RES. 11 -235, DETERMINING THE NECESSITY AND
SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED
Official Actions
June 21, 2011
Page 5
AMENDMENT TO THE SCOTT SIX URBAN RENEWAL PLAN IN THE CITY OF IOWA
CITY, IOWA.
Moved and seconded to adopt RES. 11 -236, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE FY2012 AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF
TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS.
Moved and seconded to adopt RES. 11 -237, ALLOCATING THE HUMAN SERVICES
AID TO AGENCIES FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2012.
Moved and seconded to adopt RES. 11 -238, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST AN INTERLOCAL AGREEMENT BETWEEN THE CITY
OF IOWA CITY AND JOHNSON COUNTY, IOWA, FOR THE APPLICATION AND
ADMINISTRATION OF ANY AWARDED EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT (JAG) PROGRAM AWARDS.
Moved and seconded to adopt RES. 11 -239, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE IOWA
DEPARTMENT OF TRANSPORTATION AND THE CITY OF IOWA CITY FOR THE IOWA
CITY RAIL PORT PROJECT (RRLG ST11(04) — 9T -52).
Mayor Hayek stated he would be abstaining due to a conflict of interest and left the
meeting. Mayor Pro tem Wilburn now presiding. Moved and seconded to adopt RES. 11-
240, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY
INDUSTRIAL CAMPUS PROJECT. Mayor Hayek returned to the meeting and now
presiding.
Moved and seconded to adopt RES. 11 -241, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE ADOPTION OF THE EAST CENTRAL IOWA
COUNCIL OF GOVERNMENTS' UPDATED REGIONAL COMPREHENSIVE INTEGRATED
SOLID WASTE MANAGEMENT PLAN 2011 -2017.
Moved and seconded to adopt RES. 11 -242, APPROVING, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST
AMENDMENT #1 TO THE NOVEMBER 2, 2009 AGREEMENT BY AND BETWEEN THE
CITY OF IOWA CITY AND FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC TO
PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE LOWER MUSCATINE
ROAD RECONSTRUCTION PROJECT (KIRKWOOD AVE. TO 1ST AVE).
Moved and seconded to adopt RES. 11 -243, 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 FIRST AVENUE STORM SEWER IMPROVEMENTS
PROJECT.
Moved and seconded to adopt RES. 11 -244, ADOPTING AN ASSESSMENT
SCHEDULE OF UNPAID MOWING, CLEAN -UP OF PROPERTY, SNOW REMOVAL,
SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK
TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION
IN THE SAME MANNER AS PROPERTY TAXES.
Official Actions
June 21, 2011
Page 6
Moved and seconded to adopt RES. 11 -245, AMENDING THE BUDGETED
POSITIONS IN THE CITY MANAGER'S OFFICE AND THE EXECUTIVE AND
ADMINISTRATIVE PAY PLANS BY DELETING THE ASSISTANT CITY MANAGER
POSITION AND ADDING AN ASSISTANT TO THE CITY MANAGER POSITION.
The Mayor noted the previously announced vacancies to 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 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 a
unexpired term, effective upon appointment, ending December 31, 2014, for a Building
Design Professional; Housing & Community Development Commission for three vacancies to
fill 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;
Senior Center Commission for an unexpired term, effective upon appointment, ending
December 31, 2012; Youth Advisory Commission for an unexpired term, effective upon
appointment, plus a two -year term January 1, 2012 — December 31, 2013 for a Regina High
Representative; Youth Advisory Commission for a two -year term January 1, 2011 —
December 31, 2012, for Tate High representative. Applications must be received by 5:00
p.m., Wednesday, July 13, 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.] The Mayor
encouraged the public to apply and provide a great service to the community and help the
City Council.
Moved and seconded to adjourn meeting 8:25 p.m. The Mayor declared the motion
carried.
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
k) �- `74411,11
Sub itt for publication — 6/28/11.
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
JUNE 21, 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, Boothroy,
Rummel, Fosse, Bentley, Scott, Knoche.
Moved by Champion, seconded by Mims, that the items and recommendations in the
Consent Calendar be received, or approved, and /or adopted as presented:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: June 7, Special Council Work Session; June 7, 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): Historic Preservation Commission: May 12, 2011; Planning & Zoning
Commission: May 19, 2011; Police Citizens Review Board: May 10, 2011; Senior
Center Commission: February 17, 2011.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Class E Liquor License for Kum & Go, LC, dba Kum & Go #422, 513 S
Riverside Dr.; Class E Liquor License for Kum & Go, LC, dba Kum & Go #53, 955
Mormon Trek Blvd.
Renewal: Class C Beer Permit for Kum & Go, LC, dba Kum & Go #422, 513 S
Riverside Dr.; Class E Liquor License for Iowa CVS Pharmacy, LLC, dba
CVS /Pharmacy #8547, 2425 Muscatine Ave.; Class C Liquor License for Dublin
Underground, Inc., dba Dublin Underground, 5 S. Dubuque St.; Class E Liquor
License for John's Grocery, Inc., dba John's Grocery, Inc., 401 E. Market St.; Class C
Beer Permit for Walgreen Company, dba Walgreens #5077, 2214 Muscatine Ave.;
Special Class C Liquor License for D & E Restaurant, Inc., dba Z'Mariks Noodle Cafe,
19 S Dubuque St.; Class C Liquor License for David L Alberhasky, dba Dave's
Foxhead Tavern, 402 E. Market St.; Class C Liquor License for Weekes -Van Eck Post
#3949 Veterans of Foreign Wars, dba Weekes -Van Eck Post #3949, 609 Highway 6.
RES. 11 -216, TO ISSUE CIGARETTE PERMITS.
Public Hearings: RES. 11 -217, SETTING A PUBLIC HEARING ON JULY 5,
2011 ON AN ORDINANCE AMENDING TITLE 3, ENTITLES "FINANCES, TAXATION
AND FEES" AND TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC" OF THE
IOWA CITY CODE OF ORDINANCES TO ESTABLISH DOWNTOWN MOPED
PARKING PERMIT REQUIREMENTS AND FEES AND DIRECTING CITY CLERK TO
PUBLISH NOTICE OF SAID HEARING; RES. 11 -218, SETTING A PUBLIC
HEARING ON JULY 5, 2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COLLEGE GREEN
PARK LIGHTING REPLACEMENT PROJECT, DIRECTING CITY CLERK TO
PUBLISH NOTICE OF SAID HERAING, AND DIRECTING THE CITY ENGINEER TO
PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
Complete Description
June 21, 2011
Page 2
Resolutions: RES. 11 -219, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO
MORTGAGES FOR THE PROPERTY LOCATED AT 440 3RD AVENUE, IOWA CITY,
IOWA.; RES. 11 -220, 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; RES. 11 -221, ACCEPTING THE WORK FOR THE CDBG DEMOLITIONS
PROJECT — CONTRACT #2; RES. 11 -222, ACCEPTING THE WORK FOR THE 404 -
HMPG DEMOLITION PROJECT — CONTRACT #4; RES. 11 -223, ACCEPTING THE
WORK FOR THE IOWA CITY PARKING OFFICE REMODEL PROJECT; RES. 11-
224, ACCEPTING THE WORK FOR THE PENINSULA FLOOD MITIGATION
IMPROVEMENTS PROJECT; RES. 11 -225, APPROVING THE FINANCE
DIRECTOR TO HAVE THE AUTHORITY TO ESTABLISH FUND BALANCE
ASSIGNMENTS IN ANY AND ALL FUNDS.
Correspondence: Traffic Engineering Planner regarding Installation of (1)
HANDICAP PARKING space on the east side of 7th Avenue, adjacent to the 539
Woodridge Avenue property; Tom Breese regarding 300 Block of South Linn Street,
West Side.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
motion carried.
Moved by Bailey, seconded by Wilburn, to set a public hearing for July 5 on an
ordinance amending the Iowa City Zoning Code, Articles 14 -4A, Use Categories, and 14 -9A,
General Definitions, to add a definition of Parental Group Home. The Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
A public hearing was held on 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). PCD Dir. Davidson
presented a power point. The Mayor requested Council Members to disclose any ex parte
communications and Council Member Bailey reported a discussion with Ryan O'Leary.
Moved by Mims, seconded by Bailey, to adopt RES. 11 -226, 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).
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 .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). (See
previous public hearing comments.)
Moved by Bailey, seconded by Champion, that the ordinance conditionally rezoning
approximately 0.69 -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), be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members
Complete Description
June 21, 2011
Page 3
present. The Mayor declared the motion carried. Moved by Wilburn, seconded by Wright, to
accept correspondence from Mary Knudson [staff response included]. The Mayor declared
the motion carried unanimously, 7/0, all Council Members present.
A public hearing was held 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. HIS Dir. Boothroy presented
a power point. The following individuals appeared: Jean Walker, 335 Lucon Dr.; and
Sheldon Stromquist, 316 Myrtle. Moved by Wilburn seconded by Bailey, to accept
correspondence from Jean Walker. The Mayor declared the motion carried unanimously,
7/0, all Council Members present.
Moved by Mims, seconded by Wilburn, that the 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, be given first vote.
HIS Dir. Boothroy, Shelton Stromquist, 316 Myrtle, and Ron Christiansen, Game Day Iowa,
appeared. Individual Council Members expressed their views. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the motion carried.
Moved by Champion, seconded by Dickens, that ORD. 11 -4433, 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 passed and adopted. 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 ordinance adopted.
Mayor Pro tem Wilburn stated he would be abstaining due to a conflict of interest and
left the meeting. Moved by Bailey, seconded by Mims, that ORD. 11 -4434,
CONDITIONALLY REZONING APPROXIMATELY 10.39 ACRES LOCATED AT 1725
NORTH DODGE STREET FROM RESEARCH DEVELOPMENT PARK (RDP) TO
NEIGHBORHOOD PUBLIC (P1) (REZ11- 00006), be passed and adopted. The Mayor
requested Council Members disclose any ex parte communications, and none were reported.
Affirmative roll call vote unanimous, 6/0/1, Wilburn abstaining. The Mayor declared
ordinance adopted. Mayor Pro tem Wilburn returned to the meeting.
Moved by Wright, seconded by Bailey, to adopt RES. 11 -227 EXTENDING THE
PERIOD OF EFFECTIVENESS OF THE PRELIMINARY PLAT OF STONE BRIDGE
ESTATES, PARTS 7, 8, AND 9, IOWA CITY, IOWA, TO JULY 28, 2013. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Moved by Wright, seconded by Dickens, to send a letter of recommendation to the
Johnson County Board of Adjustment regarding a Conditional Use Permit for a truck
equipment and storage business at 4525 Taft Avenue SE (CU11- 00001). The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
A public hearing was held on a resolution authorizing conveyance of a single family
home located at 1207 Muscatine Avenue. No one appeared.
Complete Description
June 21, 2011
Page 4
Moved by Bailey, seconded by Mims, to adopt RES. 11 -228 AUTHORIZING
CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1207 MUSCATINE AVENUE.
Individual Council Members expressed their views. 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 1551 Dickenson Lane. No one appeared.
Moved by Mims, seconded by Dickens, to adopt RES. 11 -229, AUTHORIZING
CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1551 DICKENSON LANE.
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 Mayor to sign and the City
Clerk to attest an amendment to the lease agreement with the State Board of Regents for the
University of Iowa for the lease of commercial space in the Iowa City Public Library Building.
No one appeared.
Moved by Wright, seconded by Mims, to adopt RES. 11 -230 AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE LEASE
AGREEMENT WITH THE STATE BOARD OF REGENTS FOR THE UNIVERSITY OF IOWA
FOR THE LEASE OF COMMERCIAL SPACE IN THE IOWA CITY PUBLIC LIBRARY
BUILDING. 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 North Market Square Park
Improvement 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. Northside
resident John Thomas appeared. Moved by Wilburn, seconded by Bailey to accept
correspondence from John Thomas. The Mayor declared the motion carried unanimously,
7/0, all Council Members present.
Moved by Wilburn, seconded Bailey, to adopt RES. 11 -231, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE NORTH MARKET SQUARE PARK IMPROVEMENT 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. Individual Council Members expressed their views. 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 amending City Code Title 16, Chapter 3,
Connection to Distribution Main, Article C, Section 3. PW Dir. Fosse presented a power
point.
Moved by Mims, seconded by Wright, that the ordinance amending City Code Title 16,
Chapter 3, Connection to Distribution Main, Article C, Section 3, 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 approving the City's intent to proceed with
and authorizing the acquisition of property rights for the 2011 Landfill Buffer and Groundwater
Complete Description
June 21, 2011
Page 5
Monitoring Property Acquisition Project. Roger Hurt, 3165 IWV Rd. SW, appeared. PW Dir.
Fosse present for discussion.
Moved by Mims, seconded by Wilburn, to adopt RES. 11 -232, DECLARING THE
CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF
PROPERTY RIGHTS FOR THE 2011 LANDFILL BUFFER AND GROUNDWATER
MONITORING PROPERTY ACQUISITION PROJECT. Affirmative roll call vote unanimous,
7/0, all Council Members present. The Mayor declared the resolution adopted.
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 -4435, 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 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 Bailey, 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 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 -4436, AMENDING TITLE 8, POLICE REGULATIONS, CHAPTER 5,
MISCELLANEOUS OFFENSES, TO ADD A NEW SECTION 12, ENTITLED "FIREWORKS"
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 Bailey,
seconded by Wright, that the ordinance be finally adopted at this time. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance
adopted.
Moved by Bailey, seconded by Dickens, to adopt RES. 11 -233, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE SIXTH AMENDMENT TO THE
PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND PENINSULA DEVELOPMENT COMPANY, L.L.C. (PDC). Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted. Moved by Wilburn, seconded by Bailey, to accept correspondence from Patrick
Stewart, Project Manager, Peninsula Development Company. The Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
Moved by Mims, seconded by Bailey, to adopt RES. 11 -234, DECLARING THE CITY
OF IOWA CITY'S CONSENT TO INCLUDE CERTAIN AGRICULTURAL LAND IN THE
SCOTT SIX URBAN RENEWAL AREA, AMENDMENT NO. 1. PCD Dir. Davidson present
for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the resolution adopted.
Complete Description
June 21, 2011
Page 6
Moved by Bailey, seconded by Dickens, to adopt RES. 11 -235, DETERMINING THE
NECESSITY AND SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON
A PROPOSED AMENDMENT TO THE SCOTT SIX URBAN RENEWAL PLAN IN THE CITY
OF IOWA CITY, IOWA. 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 -236, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2012 AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR
THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF
UNIVERSITY HEIGHTS. 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 -237, ALLOCATING THE
HUMAN SERVICES AID TO AGENCIES FUNDING FOR THE FISCAL YEAR ENDING
JUNE 30, 2012. 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 -238, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA, FOR THE
APPLICATION AND ADMINISTRATION OF ANY AWARDED EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARDS. 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 -239, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE
IOWA DEPARTMENT OF TRANSPORTATION AND THE CITY OF IOWA CITY FOR THE
IOWA CITY RAIL PORT PROJECT (RRLG ST11(04) — 9T -52). Individual Council Members
expressed their views. 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
meeting. Mayor Pro tem Wilburn now presiding. Moved by Bailey, seconded by Mims, to
adopt RES. 11 -240, AWARDING CONTRACT to Maxwell Construction, Inc. for
$3,164,621.10 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY INDUSTRIAL
CAMPUS PROJECT. Affirmative roll call vote unanimous, 6/0/1, Hayek abstaining. The
Mayor Pro tem declared resolution adopted. Mayor Hayek returned to the meeting and now
presiding.
Moved by Champion, seconded by Mims, to adopt RES. 11 -241, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE ADOPTION OF THE EAST
CENTRAL IOWA COUNCIL OF GOVERNMENTS' UPDATED REGIONAL
COMPREHENSIVE INTEGRATED SOLID WASTE MANAGEMENT PLAN 2011 -2017.
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 -242, APPROVING,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST AMENDMENT #1 TO THE NOVEMBER 2, 2009 AGREEMENT BY AND
BETWEEN THE CITY OF IOWA CITY AND FOTH INFRASTRUCTURE AND
Complete Description
June 21, 2011
Page 7
ENVIRONMENT, LLC TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE
LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT (KIRKWOOD AVE. TO 1sT
AVE). 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 -243, 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 FIRST AVENUE STORM SEWER IMPROVEMENTS
PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the resolution adopted.
Moved by Champion, seconded by Mims, to adopt RES. 11 -244, ADOPTING AN
ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN -UP OF PROPERTY, SNOW
REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING
THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR
COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Champion, seconded by Mims, to adopt RES. 11 -245, AMENDING THE
BUDGETED POSITIONS IN THE CITY MANAGER'S OFFICE AND THE EXECUTIVE AND
ADMINISTRATIVE PAY PLANS BY DELETING THE ASSISTANT CITY MANAGER
POSITION AND ADDING AN ASSISTANT TO THE CITY MANAGER POSITION. 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 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 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 a
unexpired term, effective upon appointment, ending December 31, 2014, for a Building
Design Professional; Housing & Community Development Commission for three vacancies to
fill 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;
Senior Center Commission for an unexpired term, effective upon appointment, ending
December 31, 2012; Youth Advisory Commission for an unexpired term, effective upon
appointment, plus a two -year term January 1, 2012 - December 31, 2013 for a Regina High
Representative; Youth Advisory Commission for a two -year term January 1, 2011 -
December 31, 2012, for Tate High representative. Applications must be received by 5:00
p.m., Wednesday, July 13, 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.] The Mayor
Complete Description
June 21, 2011
Page 8
encouraged the public to apply and provide a great service to the community and help the
City Council
Anna Buss, representing investors of 1102 Hollywood Blvd., requested more police in
the area Saturday and Sunday evenings.
Council Member Bailey encouraged everyone to spend the 4'h of July in downtown
Iowa City enjoying Jazz Fest and the fireworks. Mayor Hayek stated that with the success of
Arts Fest the Jazz Festival has big shoes to fill.
Moved by Mims, seconded by Bailey, to adjourn meeting 8:25 p.m. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk