HomeMy WebLinkAbout2011-09-20 Council minutesr
CITY OF IOWA CITY 4a(1)
MEMORANDUM
Date: September 14, 2011
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, September 6, 2011, 6:00 PM in Emma J. Harvat Hall
Council: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright
Staff: Markus, Helling, Dilkes, Karr, Yapp, Davidson, Havel, Andrew, Bentley, Tharp
(A complete transcription is available in the City Clerk's Office and the City website)
MPOJC COMMITTEE ON FUTURE TRANSIT NEEDS [Agenda #22]
MPO Ex. Director Yapp present for discussion. Majority agreed to appoint Transportation Dir.
O'Brien, or a designee from his department to the committee.
ECICOG SERVICES PRESENTATION
ECICOG Ex. Dir. Doug Elliott presented information and distributed the following:
➢ 2010 Annual Report
➢ Update to ECICOS Annual Report (January 2011)
➢ ECICOG Express July- August 2011
➢ ECICOG Business Assistance Revolving Loan Fund (8/31/11)
AGENDA ITEMS
1. (Consent Calendar addition # 3f(3) — motion notifying Planning & Zoning of SSMID petition
... ) City Clerk Karr noted the addition to the agenda. Mayor Hayek suggested it be pulled
from the agenda for separate consideration to allow him and other Council Members to
abstain if necessary.
2. (Consent Calendar # 3g(2) —NO PARKING 8AM -5PM B'Jaysville Lane.....) In response to
Council Member Bailey, Transportation Planner Yapp reported that the issue had been
reported by a property owner and staff will monitor surrounding areas such as Terrill Mill
Park as a possible location for displaced commuter parking.
3. (Consent Calendar # 3d(4) - ... resolution of intent ... lease agreement ... Wells Fargo ...
kiosk) In response to Council Member Mims, PCD Dir. Davidson reported that the original
uses of the kiosks had changed and this would provide better maintenance and staff was
prepared for other opportunities for revenue for the remaining kiosks. City Atty. Dilkes and
City Manager Markus stated each agreement could be different and no precedent for pricing
was being set.
4. (Agenda item # 11 — Setting date of consultation and public hearing ... Riverfront Crossings
Urban Renewal Plan ...) PCD Dir. Davidson presented a power point of the area. Council
requested that the power point map be shown at the public hearing.
Council Work Session
September 6, 2011
Page 2
LOBBYIST SERVICES [IP3]
City Manage Markus referenced the memo in the packet, and the recommendation to retain
services of a lobbyist. Majority agreed to proceed requesting proposals.
STAFF ACTION: Prepare RFP or RFQ. (Markus)
INFORMATION PACKET DISCUSSION [August 11,18, 25 & 1]
1. (IP4 of September 1- memo from City Clerk re radio show) Council agreed to the
following KXIC schedule:
September 14 - Champion
September 21 - Hayek
September 28 - Mims
October 5 - Dickens
October 12 - Mims
October 19 - Wright
October 26 - Hayek
2. (IP9 of September 1 — article from City Manager re IPAD) Mayor Hayek thanked the
City Manager for the interesting article from San Jose.
COUNCIL TIME
1. Council Member Wright noted recent discussion regarding the road diet on Gilbert Street
tied to an article in the Economist Magazine, and asked when it could be scheduled for
further discussion. Transportation Planner Yapp reported that a study was underway as
part of the Riverfront Crossing planning, and in addition staff was doing a traffic signal study
at Gilbert and Court Streets. Both studies would be completed during the fall and results
available in the winter. Mims stated she had received comments from people concerned
about the potential change and the volume of traffic on the street.
BUDGET PRIORITIES
City Manager Markus stated budget information would be distributed later in the week, with a
more conservative statement reflecting the times.
SUMMARY OF PENDING WORK SESSION ISSUES [IP2]
Asst. City Manager Helling stated the executive session tentative scheduled for September 19
will be moved to early October.
UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS
Mayor Hayek stated he would be attending an event at City Park on Sunday, September 11,
recognizing the tenth anniversary of 9/11.
DISCUSSION OF MEETING SCHEDULES [IP4]
Mayor Hayek suggested adding evaluation of the three Council employees to the front and /or
back of an upcoming meeting and will work with City Clerk Karr on scheduling.
Meeting adjourned 6:45 PM.
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 — 9/6/11
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: Constitution Week — September 17 -23, 2011, Shalla Ashworth,
Vice Regent Pilgrim Chapter DAR accepting.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved and seconded that the items and recommendations in the Consent Calendar
be received, or approved, and /or adopted as amended: and to delete Item 3f(3) for separate
consideration and vote:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: August 1, Special Council Formal Official and Complete; August 1, Regular
Council Work Session; August 2, Regular Council Formal Official and Complete;
August 29, Special Council Formal Official and Complete; August 31, Special Council
Formal Official and Complete.
Receive and File Minutes of Boards and Commissions (any
recommendations contained in minutes become effective only upon separate Council
action): Board of Adjustment - July 13, 2011; Board of Appeals - August 2, 2010;
Board of Appeals - August 1, 2011 [This item should be referred to the Rules
Committee for review of revised by- laws.]; Historic Preservation Commission - July 14,
2011; Human Rights Commission - July 19, 2011; Planning & Zoning Commission -
July 21, 2011; Public Art Advisory Committee - May 5, 2011; Senior Center
Commission - May 19, 2011; Telecommunications Commission - June 27, 2011.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Class C Liquor License for Gabe's, 330 E. Washington St.; Outdoor Service
Area for Gabe's, 330 E. Washington St.; Renewal: Class C Beer Permit for I.C. Pit
Stop, 300 Kirkwood; Class C Liquor License for Union Bar, 121 E. College St.; Class
C Liquor License for BlackStone, 503 Westbury Dr.; Suite 1; Class C Liquor License
for George's Buffet, 312 E. Market St.; Special Class C Liquor License for Englert
Theatre, 221 E. Washington St.; Class C Beer Permit for New Pioneer Co Op Fresh
Food Market, 22 S. Van Buren St.; Class C Liquor License for Yen Ching, 624 S.
Gilbert St.; Class C Liquor License for Airliner Bar, 22 S. Clinton St.; Class C Beer
Permit for Casey's General Store #2761, 204 N. Dubuque St.; Class C Beer Permit for
Casey's General Store #2781, 1410 Willow Creek Dr.; Class C Liquor License for Los
Portales, 1402 S. Gilbert St.; Class C Liquor License for Motley Cow Cafe, 160 N. Linn
St.; Class C Liquor License for Short's Burger and Shine, 18 S. Clinton St. RES. 11-
270, TO ISSUE DANCING PERMIT to Union Bar, 121 E. College St.; RES. 11 -271,
TO ISSUE CIGARETTE PERMIT to Cragar Cigars, 821 Melrose Ave.
Setting Public Hearings: RES. 11 -272, SETTING A PUBLIC HEARING ON
SEPTEMBER 20, 2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATER WORKS
PRAIRIE PARK FLOOD MITIGATION IMPROVEMENTS PROJECT, DIRECTING
Official Actions
September 6, 2011
Page 2
CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE
CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION;
RES. 11 -273, SETTING A PUBLIC HEARING ON SEPTEMBER 20, 2011 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE PHASE 1 OF THE FIRST AVENUE STORM SEWER
IMPROVEMENTS 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 -274, CONSIDER A RESOLUTION
SETTING A PUBLIC HEARING ON TUESDAY, SEPTEMBER 20, 2011, ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
2011 PARKING RAMP REPAIR 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 -275, INTENT TO ENTER
INTO A LEASE AGREEMENT WITH WELLS FARGO COMPANY FOR LIMITED
OCCUPATION AND POSSESSION OF THE KIOSK LOCATED IN THE COLLEGE
STREET PEDESTRIAN MALL ALONG THE CLINTON STREET FRONTAGE FOR
INSTALLATION OF AN ATM MACHINE AND NECESSARY EQUIPMENT FOR THE
SUM OF $500 PER MONTH, AND SETTING A PUBLIC HEARING ON SAID LEASE
AGREEMENT FOR SEPTEMBER 20, 2011.
Resolutions: RES. 11 -276, AUTHORIZING THE CITY MANAGER TO SIGN A
RELEASE REGARDING THE PURCHASE OF 336 S. GOVERNOR STREET; RES.
11 -277, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST TO A SUBORDINATION AGREEMENT WITH WEST BANK FOR
PROPERTY LOCATED AT 3333 LOWER WEST BRANCH ROAD, IOWA CITY,
IOWA; RES. 11 -278, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE
PROPERTY LOCATED AT 1223 GINTER STREET, IOWA CITY, IOWA; RES. 11-
279, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST TO A SUBORDINATION AGREEMENT WITH WEST BANK FOR
PROPERTY LOCATED AT 2258 RUSSELL DRIVE, IOWA CITY, IOWA; RES. 11-
280, ACCEPTING THE WORK FOR THE MCCOLLISTER BOULEVARD PCC
PAVEMENT [HDP- 3715(628)-- 71 -52] AND MCCOLLISTER BOULEVARD BRIDGE
[HDP- 3715(634)-- 71 -52] PROJECT; RES. 11 -281, ACCEPTING THE WORK FOR
THE 2010 SANITARY SEWER REHABILIATION PROJECT; RES. 11 -282,
ACCEPTING THE 2011 WATER MAIN DIRECTIONAL BORING PROJECT; RES. 11-
283, ACCEPTING THE WORK FOR THE SANDUSKY STORM SEWER
IMPROVEMENTS PROJECT; RES. 11 -284, CONSIDER A RESOLUTION
ACCEPTING THE WORK FOR THE STORM SEWER, WATER MAIN, AND PAVING
PUBLIC IMPROVEMENTS FOR MACKINAW VILLAGE — PART THREE, AND
DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE;
RES. 11 -285, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE
PROPERTY LOCATED AT 2651 WHISPERING MEADOWS DRIVE, IOWA CITY,
IOWA; RES. 11 -286, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE
PROPERTY LOCATED AT 614 RUNDELL STREET, IOWA CITY, IOWA; RES. 11-
Official Actions
September 6, 2011
Page 3
287, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE FOR THE
PROPERTY LOCATED AT 22 REGAL LANE, IOWA CITY, IOWA; RES. 11 -288,
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 1522
DICKENSON LANE, IOWA CITY, IOWA; RES. 11 -289, AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN
REGARDING AN AGREEMENT FOR THE PROPERTIES LOCATED AT 1958 #5C
BROADWAY STREET, 1820 HOLLYWOOD COURT AND 1822 HOLLYWOOD
COURT, IOWA CITY, IOWA; RES. 11 -290, APPROVING THE CITY STREET
FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30,2011; RES. 11-
291, APPROVING AN AGREEMENT FOR RAILROAD CROSSING IMPROVEMENT
PROJECT WITH IOWA INTERSTATE RAILROAD.
Motions: To terminate the agreement between the city and the Downtown
Association (DTA) for the administration of four downtown Iowa City information kiosks
as approved by Resolution No. 08 -9; to approve disbursements in the amount of
$23,458,149.13 for the period of July 1 through July 31, 2011, as recommended by the
Finance Director subject to audit.
Correspondence: Traffic Engineering Planner regarding Installation of NO
PARKING ANYTIME signs on the south side of Iowa Avenue; Traffic Engineering
Planner regarding Installation of NP PARKING 8AM -5PM signs on B'Jaysville Lane,
east of Dubuque Street, at locations where parking is currently allowed; Ronald
Knoche regarding Final Acceptance of Public Improvements; Aric K. Asplund regarding
Red Light Cameras; Gary A Hughes regarding Legality of Traffic Cameras / Unequal
Enforcement; Garry Klein regarding Planning for a vibrant future; Katee Lynch regarding
Unidentified City Parks; Kurt Kimmerling regarding Taft Speedway /No name Road Flood
Mitigation Study (X2); Judith Pfohl regarding Noise Ordinance [staff response included];
Heinz Munz regarding EKO FLOOD SYSTEM — a T(R)AFT SPEEDWAY
ALTERNATIVE SOLUTION; Brittany Till regarding Daily Iowa Questions re Meter
Enforcement [staff response included]; Mick Payne regarding Iowa City Magic Bus;
Peter Anderson regarding Magic Bus & Parking On Gameday (X2) [staff response
included]; Lester & Laverne Gardner regarding Thank you for firemen emergency
response; (The Rev.) Mel Schlachter regarding 9/11 Tenth Anniversary Observance;
Michelle Payne regarding Empower U Save The Date.
Moved and seconded to notify the Iowa City Planning and Zoning Commission of the petition
for the establishment of the Iowa City Downtown Self Supported Municipal Improvement
District filed with the City Clerk on August 25, 2011 and referring said petition to the Planning
and Zoning Commission for the preparation of an evaluative report for the Council on the
merit and feasibility of the project, all in accordance with Chapter 386.3(3) of the Code of
Iowa. Council Members Champion, Dickens and Hayek stated they would be abstaining due
to a conflict of interest. The Mayor Pro tem declared the motion carried, 4/0/3. Mayor Hayek
now presiding.
Jeff Shipley, Communications Director for "Just Water Please" advocacy group
requested Council end the present policy of water fluoridation.
Official Actions
September 6, 2011
Page 4
A public hearing was held on an ordinance rezoning approximately 10 acres of land
located at 350 Dublin Drive from Planned Development Overlay 8 (OPD -8) to Planned
Development Overlay Low Density Multi - Family 12 (OPD -RM12) (REZ11- 00005).
Moved and seconded that the ordinance rezoning approximately 10 acres of land
located at 350 Dublin Drive from Planned Development Overlay 8 (OPD -8) to Planned
Development Overlay Low Density Multi - Family 12 (OPD -RM12) (REZ11- 00005), be given
first vote.
A public hearing was held on an ordinance amending Title 14, Zoning Code, Article 9A,
General Definitions, to clarify the definition of enlargement/expansion as it relates to alcohol
sales- oriented uses. LaVancha Walker, L &J Kitchen and BBQ House, appeared.
Moved and seconded that the ordinance amending Title 14, Zoning Code, Article 9A,
General Definitions, to clarify the definition of enlargement/expansion as it relates to alcohol
sales- oriented uses, be given first vote.
A public hearing was held on an ordinance amending paragraph 14- 413- 413-17, Sales -
Oriented Retail in the CI -1 Zone, to allow Pet Supply Stores.
Moved and seconded that the ordinance amending paragraph 14- 413- 413-17, Sales -
Oriented Retail in the CI -1 Zone, to allow Pet Supply Stores, be given first vote.
Moved and seconded that ORD. 11 -4443, 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 passed and adopted.
Moved and seconded to defer to September 20 a resolution approving the final plat of
Rochester Ridge, Part Two, Iowa City, Iowa (SUB11- 00009). Moved and seconded to accept
correspondence from Atty. Lars Anderson.
A public hearing was held on a resolution conveying a single family home located at
920 Longfellow Place.
Moved and seconded to adopt RES. 11 -292, CONVEYING A SINGLE FAMILY HOME
LOCATED AT 920 LONGFELLOW PLACE.
A public hearing was held on a resolution authorizing a purchase agreement between
the City of Iowa City and Joseph and Ann Turek for property locally known as 201 Ferson
Ave., Iowa City, and retaining a permanent storm sewer and drainageway easement. John
Kammermeyer, 116 Ferson, appeared. Moved and seconded to accept correspondence
from John Kammermeyer, Ted and Margaret Nelson, Charlie and Loraine Brenner, Barry and
Linda Greene, Brad and Nancy Langguth, Jean Hogan, J.B. and Kerrie Barnhouse, John
Menninger, John, Scott and Katherine Tachau, John and Jean Spitzer, H.D. and Myrene
Hoover, Timothy and Jessica Kresowik, Janet Fairley, Timothy and Kristine Stalter, Isabella
Grumbach.
Moved and seconded to adopt RES. 11 -293, AUTHORIZING A PURCHASE
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOSEPH AND ANN TUREK FOR
PROPERTY LOCALLY KNOWN AS 201 FERSON AVE., IOWA CITY, AND RETAINING A
PERMANENT STORM SEWER AND DRAINAGEWAY EASEMENT.
A public hearing was held on an ordinance amending Title 9, entitled "Motor Vehicles
and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions ",
Subsection B, entitled "Exceptions ".
Moved and seconded that the ordinance amending Title 9, entitled "Motor Vehicles
and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions ",
Subsection B, entitled "Exceptions ", be given first vote.
Official Actions
September 6, 2011
Page 5
Moved and seconded that the ordinance amending Title 4, Alcoholic Beverages,
Chapter 3, Outdoor Service Areas; seasonal, five day or fourteen day licenses and permits,
section a, location to establish new location standards for temporary outdoor service areas
when requested in non - residential zones, be given first vote.
Moved and seconded to adopt RES. 11 -294, ADOPTING CRITERIA FOR THE IOWA
CITY TRAFFIC CALMING PROGRAM.
Moved and seconded to adopt RES. 11 -295, DETERMINING THE NECESSITY AND
SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED
RIVERFRONT CROSSINGS URBAN RENEWAL PLAN FOR A PROPOSED URBAN
RENEWAL AREA IN THE CITY OF IOWA CITY, IOWA.
Moved and seconded to adopt RES. 11 -296, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR CONSTRUCTION OF THE BUTLER BRIDGE PEDESTRIAN TRAIL PROJECT STP -U-
3715(651)- - 70 -52.
Moved and seconded to adopt RES. 11 -297, 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 SHIVE- HATTERY, INC.
TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE HIGHWAY 1 TRAIL
PROJECT — ORCHARD STREET TO SUNSET STREET.
Moved and seconded to adopt RES. 11 -298, 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 SHOEMAKER &
HAALAND PROFESSIONAL ENGINEERS TO PROVIDE ENGINEERING CONSULTANT
SERVICES FOR THE ROCHESTER BRIDGE REPLACEMENT PROJECT.
Moved and seconded to adopt RES. 11 -299, AUTHORIZING THE ACQUISITION OF
PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE FIRST AVENUE
STORM SEWER IMPROVEMENTS PROJECT.
Moved and seconded to adopt RES. 11 -300, APPROVING, AUTHORIZING AND
DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT
BY AND BETWEEN THE CITY OF IOWA CITY AND IOWA NETWORK SERVICES TO
CONSTRUCT AN UNDERGROUND DUCT AND HANDHOLE SYSTEM FOR CITY USE.
Moved and seconded to adopt RES. 11 -301, ADOPTING THE CITY TITLE VI
COMPLIANCE PLAN.
Moved and seconded to adopt RES. 11 -302, APPROVING AN AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE GRANT WOOD
NEIGHBORHOOD ART PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST THE SAME.
Moved and seconded to adopt RES. 11 -303, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND THE IOWA CITY AIRPORT COMMISSION REGARDING THE DIVISION AND USE OF
FUNDS GENERATED FROM THE SALE OF PARCELS IN AVIATION COMMERCE PARK
NORTH.
Moved and seconded to adopt RES. 11 -304, ADOPTING AN ASSESSMENT
SCHEDULE OF UNPAID MOWING, CLEAN -UP OF PROPERTY, SNOW REMOVAL,
SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK
Official Actions
September 6, 2011
Page 6
TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION
IN THE SAME MANNER AS PROPERTY TAXES.
The Mayor noted the previously announced vacancy for Parks & Recreation
Commission for an unexpired term, effective upon appointment, plus a four -year term
January 1, 2012 - January 1, 2016. Applications must be received by 5:00 p.m., Wednesday,
September 14, 2011.
Moved and seconded to make appoint Chris O'Brien, Transportation Service Director,
or department designee, to the Future Transit Needs in Iowa City Urbanized Area Committee
Metropolitan Planning Organization of Johnson County (MPOJC).
The Mayor noted 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; Senior Center
Commission for an unexpired term, effective upon appointment, ending December 31, 2012;
Youth Advisory Commission for a Tate High representative 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 and seconded to adjourn meeting 7:40 p.m.
A more complete description of Council Activities and disbursements is on file in the
office of the City Clerk and Finance Department.
s /Matthew J. Hayek, Mayor
s /Marian K. Karr, City Clerk
ee4�
Submitted-for publication — 9/13/11.
i'
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
SEPTEMBER 6, 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, Bentley, Andrew, Dilkes, Karr,
Havel, Ongie, Boothroy, Tharp, O'Malley.
The Mayor proclaimed: Constitution Week — September 17 -23, 2011, Shalla Ashworth,
Vice Regent Pilgrim Chapter DAR accepting.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Bailey, seconded by Mims, that the items and recommendations in the
Consent Calendar be received, or approved, and /or adopted as amended: and to delete Item
3f(3) for separate consideration and vote:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: August 1, Special Council Formal Official and Complete; August 1, Regular
Council Work Session; August 2, Regular Council Formal Official and Complete;
August 29, Special Council Formal Official and Complete; August 31, Special Council
Formal Official and Complete.
Receive and File Minutes of Boards and Commissions (any
recommendations contained in minutes become effective only upon separate Council
action): Board of Adjustment - July 13, 2011; Board of Appeals - August 2, 2010;
Board of Appeals - August 1, 2011 [This item should be referred to the Rules
Committee for review of revised by- laws.]; Historic Preservation Commission - July 14,
2011; Human Rights Commission - July 19, 2011; Planning & Zoning Commission -
July 21, 2011; Public Art Advisory Committee - May 5, 2011; Senior Center
Commission - May 19, 2011; Telecommunications Commission - June 27, 2011.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Class C Liquor License for Gabe's, LLC, dba Gabe's, 330 E. Washington St.
Outdoor Service Area for Gabe's, LLC, dba Gabe's, 330 E. Washington St.;
Renewal: Class C Beer Permit for IC Pit Stop, LLC, dba I.C. Pit Stop, 300
Kirkwood; Class C Liquor License for Cream, LLC, dba Union Bar, 121 E. College St.;
Class C Liquor License for Jaxco, LLC, dba BlackStone, 503 Westbury Dr.; Suite 1;
Class C Liquor License for George's Buffet, Inc., dba George's Buffet, 312 E. Market
St.; Special Class C Liquor License for Englert Civic Theatre, LP, dba Englert Theatre,
221 E. Washington St.; Class C Beer Permit for New Pioneer Cooperative Society dba
New Pioneer Co Op Fresh Food Market, 22 S. Van Buren St.; Class C Liquor License
for Yen Ching IC, Corp., dba Yen Ching, 624 S. Gilbert St.; Class C Liquor License for
Hall Place Ventures, Corp., dba Airliner Bar, 22 S. Clinton St.; Class C Beer Permit for
Casey's Marketing Company, dba Casey's General Store #2761, 204 N. Dubuque St.;
Class C Beer Permit for Casey's Marketing Company, dba Casey's General Store
#2781, 1410 Willow Creek Dr.; Class C Liquor License for Los Portales Mexican
Restaurant, dba Los Portales, 1402 S. Gilbert St.; Class C Liquor License for Corner
of the Meadow, Inc., dba Motley Cow Cafe, 160 N. Linn St.; Class C Liquor License for
Short's Burger and Shine, LLC, dba Short's Burger and Shine, 18 S. Clinton St. RES.
11 -270, TO ISSUE DANCING PERMIT to Cream, LLC, dba Union Bar, 121 E.
College St.; RES. 11 -271, TO ISSUE CIGARETTE PERMIT to Cragar Cigars, 821
Melrose Ave.
Setting Public Hearings: RES. 11 -272, SETTING A PUBLIC HEARING ON
SEPTEMBER 20, 2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
Complete Description
September 6, 2011
Page 2
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATER WORKS
PRAIRIE PARK FLOOD MITIGATION IMPROVEMENTS 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 -273, SETTING A PUBLIC HEARING ON SEPTEMBER 20, 2011 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE PHASE 1 OF THE FIRST AVENUE STORM SEWER
IMPROVEMENTS 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 -274, CONSIDER A RESOLUTION
SETTING A PUBLIC HEARING ON TUESDAY, SEPTEMBER 20, 2011, ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
2011 PARKING RAMP REPAIR 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 -275, INTENT TO ENTER
INTO A LEASE AGREEMENT WITH WELLS FARGO COMPANY FOR LIMITED
OCCUPATION AND POSSESSION OF THE KIOSK LOCATED IN THE COLLEGE
STREET PEDESTRIAN MALL ALONG THE CLINTON STREET FRONTAGE FOR
INSTALLATION OF AN ATM MACHINE AND NECESSARY EQUIPMENT FOR THE
SUM OF $500 PER MONTH, AND SETTING A PUBLIC HEARING ON SAID LEASE
AGREEMENT FOR SEPTEMBER 20, 2011.
Resolutions: RES. 11 -276, AUTHORIZING THE CITY MANAGER TO SIGN A
RELEASE REGARDING THE PURCHASE OF 336 S. GOVERNOR STREET; RES.
11 -277, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST TO A SUBORDINATION AGREEMENT WITH WEST BANK FOR
PROPERTY LOCATED AT 3333 LOWER WEST BRANCH ROAD, IOWA CITY,
IOWA; RES. 11 -278, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE
PROPERTY LOCATED AT 1223 GINTER STREET, IOWA CITY, IOWA; RES. 11-
279, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST TO A SUBORDINATION AGREEMENT WITH WEST BANK FOR
PROPERTY LOCATED AT 2258 RUSSELL DRIVE, IOWA CITY, IOWA; RES. 11-
280, ACCEPTING THE WORK FOR THE MCCOLLISTER BOULEVARD PCC
PAVEMENT [HDP- 3715(628)-- 71 -52] AND MCCOLLISTER BOULEVARD BRIDGE
[HDP- 3715(634)-- 71 -52] PROJECT; RES. 11 -281, ACCEPTING THE WORK FOR
THE 2010 SANITARY SEWER REHABILIATION PROJECT; RES. 11 -282,
ACCEPTING THE 2011 WATER MAIN DIRECTIONAL BORING PROJECT; RES. 11-
283, ACCEPTING THE WORK FOR THE SANDUSKY STORM SEWER
IMPROVEMENTS PROJECT; RES. 11 -284, CONSIDER A RESOLUTION
ACCEPTING THE WORK FOR THE STORM SEWER, WATER MAIN, AND PAVING
PUBLIC IMPROVEMENTS FOR MACKINAW VILLAGE — PART THREE, AND
DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE;
RES. 11 -285, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE
PROPERTY LOCATED AT 2651 WHISPERING MEADOWS DRIVE, IOWA CITY,
IOWA; RES. 11 -286, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE
PROPERTY LOCATED AT 614 RUNDELL STREET, IOWA CITY, IOWA; RES. 11-
Complete Description
September 6, 2011
Page 3
287, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE FOR THE
PROPERTY LOCATED AT 22 REGAL LANE, IOWA CITY, IOWA; RES. 11 -288,
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 1522
DICKENSON LANE, IOWA CITY, IOWA; RES. 11 -289, AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN
REGARDING AN AGREEMENT FOR THE PROPERTIES LOCATED AT 1958 #5C
BROADWAY STREET, 1820 HOLLYWOOD COURT AND 1822 HOLLYWOOD
COURT, IOWA CITY, IOWA; RES. 11 -290, APPROVING THE CITY STREET
FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30,2011; RES. 11-
291, APPROVING AN AGREEMENT FOR RAILROAD CROSSING IMPROVEMENT
PROJECT WITH IOWA INTERSTATE RAILROAD.
Motions: To terminate the agreement between the city and the Downtown
Association (DTA) for the administration of four downtown Iowa City information kiosks
as approved by Resolution No. 08 -9; to approve disbursements in the amount of
$23,458,149.13 for the period of July 1 through July 31, 2011, as recommended by the
Finance Director subject to audit.
Correspondence: Traffic Engineering Planner regarding Installation of NO
PARKING ANYTIME signs on the south side of Iowa Avenue; Traffic Engineering
Planner regarding Installation of NP PARKING 8AM -5PM signs on B'Jaysville Lane,
east of Dubuque Street, at locations where parking is currently allowed; Ronald
Knoche regarding Final Acceptance of Public Improvements; Aric K. Asplund regarding
Red Light Cameras; Gary A Hughes regarding Legality of Traffic Cameras / Unequal
Enforcement; Garry Klein regarding Planning for a vibrant future; Katee Lynch regarding
Unidentified City Parks; Kurt Kimmerling regarding Taft Speedway /No name Road Flood
Mitigation Study (X2); Judith Pfohl regarding Noise Ordinance [staff response included];
Heinz Munz regarding EKO FLOOD SYSTEM — a T(R)AFT SPEEDWAY
ALTERNATIVE SOLUTION; Brittany Till regarding Daily Iowa Questions re Meter
Enforcement [staff response included]; Mick Payne regarding Iowa City Magic Bus;
Peter Anderson regarding Magic Bus & Parking On Gameday (X2) [staff response
included]; Lester & Laverne Gardner regarding Thank you for firemen emergency
response; (The Rev.) Mel Schlachter regarding 9/11 Tenth Anniversary Observance;
Michelle Payne regarding Empower U Save The Date.
Moved by Bailey, seconded by Mims, to notify the Iowa City Planning and Zoning
Commission of the petition for the establishment of the Iowa City Downtown Self Supported
Municipal Improvement District filed with the City Clerk on August 25, 2011 and referring said
petition to the Planning and Zoning Commission for the preparation of an evaluative report for
the Council on the merit and feasibility of the project, all in accordance with Chapter 386.3(3)
of the Code of Iowa. Council Members Champion, Dickens and Hayek stated they would be
abstaining due to a conflict of interest. The Mayor Pro tem declared the motion carried,
4/0/3, with the following division roll call vote. Ayes: Bailey, Mims, Wilburn, Wright. Nays:
None. Abstaining: Champion, Dickens, Hayek. Mayor Hayek now presiding.
Jeff Shipley, Communications Director for "Just Water Please" advocacy group
requested Council end the present policy of water fluoridation.
A public hearing was held on an ordinance rezoning approximately 10 acres of land
located at 350 Dublin Drive from Planned Development Overlay 8 (OPD -8) to Planned
Complete Description
September 6, 2011
Page 4
Development Overlay Low Density Multi - Family 12 (OPD -RM12) (REZ11- 00005). The Mayor
requested Council Members disclose any ex parte communications, and none were reported.
PCD Dir. Davidson presented a power point.
Moved by Bailey, seconded by Dickens, that the ordinance rezoning approximately 10
acres of land located at 350 Dublin Drive from Planned Development Overlay 8 (OPD -8) to
Planned Development Overlay Low Density Multi - Family 12 (OPD -RM12) (REZ11- 00005), be
given first vote.
A public hearing was held on an ordinance amending Title 14, Zoning Code, Article 9A,
General Definitions, to clarify the definition of enlargement/expansion as it relates to alcohol
sales- oriented uses. PCD Dir. Davidson present for discussion. LaVancha Walker, L &J
Kitchen and BBQ House, appeared. City Atty. Dilkes stated that Ms. Walker issues were not
concerning this ordinance and staff would prepare a memo.
Moved by Wright, seconded by Champion, that the ordinance amending Title 14,
Zoning Code, Article 9A, General Definitions, to clarify the definition of
enlargement/expansion as it relates to alcohol sales- oriented uses, be given first vote.
A public hearing was held on an ordinance amending paragraph 14- 4B- 4B -17, Sales -
Oriented Retail in the CI -1 Zone, to allow Pet Supply Stores. No one appeared.
Moved by Bailey, seconded by Wilburn, that the ordinance amending paragraph 14-
413-46-17, Sales- Oriented Retail in the CI -1 Zone, to allow Pet Supply Stores, be given first
vote.
Moved by Champion, seconded by Mims, that ORD. 11 -4443, AMENDING THE IOWA
CITY ZONING CODE, ARTICLES 144A, USE CATEGORIES, AND 14 -9A, GENERAL
DEFINITIONS, TO ADD A DEFINITION OF PARENTAL GROUP HOME, be passed and
adopted.
Moved by Bailey, seconded by Mims, to defer to September 20 a resolution approving
the final plat of Rochester Ridge, Part Two, Iowa City, Iowa (SUB11- 00009). Moved by
Wilburn, seconded by Bailey, to accept correspondence from Atty. Lars Anderson.
A public hearing was held on a resolution conveying a single family home located at
920 Longfellow Place. No one appeared.
Moved by Wilburn, seconded by Bailey, to adopt RES. 11 -292, CONVEYING A SINGLE
FAMILY HOME LOCATED AT 920 LONGFELLOW PLACE.
A public hearing was held on a resolution authorizing a purchase agreement between
the City of Iowa City and Joseph and Ann Turek for property locally known as 201 Ferson
Ave., Iowa City, and retaining a permanent storm sewer and drainageway easement. John
Kammermeyer, 116 Ferson, appeared. Moved by Wilburn, seconded by Mims, to accept
correspondence from John Kammermeyer, Ted and Margaret Nelson, Charlie and Loraine
Brenner, Barry and Linda Greene, Brad and Nancy Langguth, Jean Hogan, J.B. and Kerrie
Barnhouse, John Menninger, John, Scott and Katherine Tachau, John and Jean Spitzer, H.D.
and Myrene Hoover, Timothy and Jessica Kresowik, Janet Fairley, Timothy and Kristine
Stalter, Isabella Grumbach.
Moved by Champion, seconded by Dickens, to adopt RES. 11 -293, AUTHORIZING A
PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOSEPH AND ANN
TUREK FOR PROPERTY LOCALLY KNOWN AS 201 FERSON AVE., IOWA CITY, AND
RETAINING A PERMANENT STORM SEWER AND DRAINAGEWAY EASEMENT.
A public hearing was held on an ordinance amending Title 9, entitled "Motor Vehicles
and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions ",
Subsection B, entitled "Exceptions ". No one appeared.
Complete Description
September 6, 2011
Page 5
Moved by Bailey, seconded by Mims, that the ordinance amending Title 9, entitled
"Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled
"Speed Restrictions ", Subsection B, entitled "Exceptions ", be given first vote.
Moved by Bailey, seconded by Champion, that the ordinance amending Title 4,
Alcoholic Beverages, Chapter 3, Outdoor Service Areas; seasonal, five day or fourteen day
licenses and permits, section a, location to establish new location standards for temporary
outdoor service areas when requested in non - residential zones, be given first vote.
Moved by Champion, seconded by Mims, to adopt RES. 11 -294, ADOPTING
CRITERIA FOR THE IOWA CITY TRAFFIC CALMING PROGRAM.
Moved by Mims, seconded by Bailey, to adopt RES. 11 -295, DETERMINING THE
NECESSITY AND SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON
A PROPOSED RIVERFRONT CROSSINGS URBAN RENEWAL PLAN FOR A PROPOSED
URBAN RENEWAL AREA IN THE CITY OF IOWA CITY, IOWA. PCD Dir. Davidson
presented a power point.
Moved by Wright, seconded by Dickens, to adopt RES. 11 -296, AWARDING
CONTRACT to Peterson Contractors, Inc. for $ 896,589.55 AND AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE BUTLER BRIDGE PEDESTRIAN TRAIL PROJECT STP -U-
3715(651)- - 70 -52.
Moved by Mims, seconded by Bailey, to adopt RES. 11 -297, 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 SHIVE-
HATTERY, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE
HIGHWAY 1 TRAIL PROJECT — ORCHARD STREET TO SUNSET STREET.
Moved by Champion, seconded by Bailey, to adopt RES. 11 -298, 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
SHOEMAKER & HAALAND PROFESSIONAL ENGINEERS TO PROVIDE ENGINEERING
CONSULTANT SERVICES FOR THE ROCHESTER BRIDGE REPLACEMENT PROJECT.
Moved by Wilburn, seconded by Mims, to adopt RES. 11 -299, AUTHORIZING THE
ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE
FIRST AVENUE STORM SEWER IMPROVEMENTS PROJECT.
Moved by Wright, seconded by Mims, to adopt RES. 11 -300, APPROVING,
AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND IOWA
NETWORK SERVICES TO CONSTRUCT AN UNDERGROUND DUCT AND HANDHOLE
SYSTEM FOR CITY USE.
Moved by Champion, seconded by Bailey, to adopt RES. 11 -301, ADOPTING THE
CITY TITLE VI COMPLIANCE PLAN.
Moved by Mims, seconded by Bailey, to adopt RES. 11 -302, APPROVING AN
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE GRANT
WOOD NEIGHBORHOOD ART PROJECT AND AUTHORIZING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST THE SAME.
Moved by Bailey, seconded by Dickens, to adopt RES. 11 -303, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND THE IOWA CITY AIRPORT COMMISSION REGARDING THE
DIVISION AND USE OF FUNDS GENERATED FROM THE SALE OF PARCELS IN
AVIATION COMMERCE PARK NORTH.
Complete Description
September 6, 2011
Page 6
Moved by Wright, seconded by Mims, to adopt RES. 11 -304, 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.
The Mayor noted the previously announced vacancy for Parks & Recreation
Commission for an unexpired term, effective upon appointment, plus a four -year term
January 1, 2012 - January 1, 2016. Applications must be received by 5:00 p.m., Wednesday,
September 14, 2011.
Moved by Bailey, seconded by Champion, to make appoint Chris O'Brien,
Transportation Service Director, or department designee, to the Future Transit Needs in Iowa
City Urbanized Area Committee Metropolitan Planning Organization of Johnson County
(MPOJC).
The Mayor noted 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; Senior Center
Commission for an unexpired term, effective upon appointment, ending December 31, 2012;
Youth Advisory Commission for a Tate High representative 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.]
City Manager Markus reported his family visited the Iowa City area over the Labor day
week -end and enjoyed a number of different events; saying "Hi" to granddaughter Grace Lily
who was still in Iowa City.
Moved by Wilburn, seconded by Bailey, to adjourn meeting 7:40 p.m.
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk
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
SEPTEMBER 20, 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: Helling, Dilkes, Karr, Davidson, Fosse, Kopping,
Havel, O'Brien, Yapp.
The Mayor presented Outstanding Student Citizenship Awards to Roosevelt
Elementary students: Ana Crespo, Isabelle Grey, Sadie Widmer.
The Mayor proclaimed World Habitat Day — October 3, 2011, Mark Patton, Habitat for
Humanity accepting; Active Aging Week — last week in September, Linda Kopping, Senior
Center Coordinator accepting.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Champion, seconded by Mims, that the items and recommendations in the
Consent Calendar be received, or approved, and /or adopted as amended:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: September 6, Special Council Work Session; September 6, 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): Civil
Service Commission - September 1, 2011; Planning & Zoning Commission - August
18, 2011; Public Art Advisory Committee - July 7, 2011; Youth Advisory Commission -
July 16, 2011.
Permit Motions and Resolutions as Recommended by the City Clerk.
Renewal: Class C Beer Permit for Hy -Vee, Inc., dba Hy -Vee Gas #1, 260 Stevens Dr.;
Class C Liquor License for Atlas World Grill, Inc., dba Atlas World Grill, Inc., 127 Iowa
Ave.; Special Class C Liquor License for Prairie Lights Books, Ltd., dba Times Club at
Prairie Lights, 15 S. Dubuque St.; Class C Beer Permit for Kum & Go, LC, dba Kum &
Go #52, 25 W. Burlington St.; Class C Beer Permit for Kum & Go, LC, dba Kum & Go
#51, 323 E. Burlington St.; Class C Liquor License for Etre Restaurant Group, LLC,
dba Takanami, 219 Iowa Ave.; Class C Beer Permit for Hawkeye Oil Company, dba
Scott Blvd. Hawkeye Convenience Store, 2875 Commerce Dr.; Class C Liquor
License for I.C.B.B., Ltd, dba Brown Bottle, 115 E. Washington St.; Class C Liquor
License for Chipotle Mexican Grill, Inc., dba Chipotle Mexican Grill, 201 S. Clinton St.
Suite 112; Outdoor Service Area for Chipotle Mexican Grill, Inc., dba Chipotle Mexican
Grill, 201 S. Clinton St. Suite 112; Class C Beer Permit for Dan's Short Stop
Corporation, dba Dan's Short Stop Corporation, 2221 Rochester Ave.
Setting Public Hearings: RES. 11 -305, SETTING PUBLIC HEARING FOR
OCTOBER 4, 2011, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME
LOCATED AT 336 DOUGLASS COURT.
Resolutions: RES. 11 -306, ACCEPTING THE WORK FOR THE SENIOR
CENTER BOILER AND CHILLER REPLACEMENT PROJECT; RES. 11 -307,
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO
A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 1909 DELWOOD DRIVE, IOWA CITY, IOWA.
Complete Description
September 20, 2011
Page 2
Correspondence: Ronald Knoche regarding Competitive Quotation Results;
Cindy Roberts regarding Thank you from the Grant Wood Neighborhood Association;
Mary Sullivan regarding Restricted Time Parking [staff response included];
MurphyGeerdes regarding Letter to Editor from Idyllwild resident against Taft Speedway
levee; Rusty Hansen, Dale Wilhelm, Lee Iben regarding Excessive noise at Regina Fall
Fun Festival [staff response included]; Alice McCormack & Tena Kincaid regarding
Women's Air Race Classic Thank you; Raj Patel regarding Thank You (UISG Liaison);
Cody Graham regarding Letter of Introduction (UISG Liaison); Dorothy Whiston
regarding Immigration and Safe Communities.
New UISG Liaison Cody Graham introduced himself to Council and the community.
Moved by Wright, seconded by Bailey, to set a public hearing for October 4, 2011 on a
resolution amending the Comprehensive Plan to adopt the Riverfront Crossings District -
Sub -Area Plan.
Moved by Bailey, seconded by Champion, to set a public hearing for October 4, 2011
on an ordinance amending Title 14, Zoning Code, Paragraph 14- 413- 413-23, to modify the
standards for vehicle repair uses in the Intensive Commercial Zone when located adjacent to
a Residential Zone.
Moved by Mims, seconded by Dickens, to set a public hearing for October 4, 2011 on
an ordinance amending Title 14, Zoning Code, Subsection 14 -4C -1 D, to clarify a cross -
reference regarding off - street parking located on a separate lot from the use served and to
delete Subparagraph 14- 2C- 413-3A., an obsolete provision regarding side and rear building
setbacks in Commercial Zones.
Moved by Bailey, seconded by Mims, to set a public hearing for October 4, 2011 on an
ordinance amending Title 14, Zoning Code, Table 2C -2(A), Section 14 -2C -6, Section 14 -2C-
8, and Paragraph 14- 4B -4A -7, to establish dimensional and commercial site development
standards in the Central Business Service (CB -2) Zone similar to standards applied in the
other Central Business Zones, and to clarify and establish setback and entrance
requirements, provide additional flexibility for parking location, and modify construction
standards to accommodate upper floor commercial uses in mixed -use buildings in the Central
Business Zones.
Moved by Mims, seconded by Bailey, to set a public hearing for October 4, 2011 on an
ordinance amending Title 14, Zoning Code, Paragraph 14- 2A -6C -4, to allow an applicant to
seek a minor modification to the Single Family Site Development Standard that establishes
minimum driveway length.
Moved by Champion, seconded by Mims, to set a public hearing for October 4, 2011
on an ordinance amending Title 14, Zoning Code, Article 4A, Use Categories, to add a new
use category entitled, "Building Trade Uses, "; and associated amendments to allow said
Building Trade Uses in the CI -1, 1 -1, and 1 -2 Zones as permitted uses and in the CC -2 Zone
as provisional uses and to establish approval criteria for said provisional uses in Article 14-
46.
Moved by Bailey, seconded by Wright, that the ordinance rezoning approximately 10
acres of land located at 350 Dublin Drive from Planned Development Overlay Medium
Density Single Family (OPD -8) to Planned Development Overlay Low Density Multi - Family
(OPD -RM12) (REZ11- 00005), be given second vote. The Mayor requested Council
Members disclose any ex parte communications, and none were reported.
Complete Description
September 20, 2011
Page 3
Moved by Champion, seconded by Mims, that the ordinance amending Title 14, Zoning
Code, Article 9A, General Definitions, to clarify the definition of enlargement/expansion as it
relates to alcohol sales- oriented uses, be given second vote.
Moved by Bailey, seconded by Mims, that the ordinance amending paragraph 14 -46-
413-17, Sales- Oriented Retail in the CI -1 Zone, to allow Pet Supply Stores, be given second
vote.
Moved by Bailey, seconded by Mims, to adopt RES. 11 -308, APPROVING THE FINAL
PLAT OF ROCHESTER RIDGE PART TWO, IOWA CITY, IOWA (SUB11- 00009). PCD Dir.
Davidson presented a power point.
Moved by Wright, seconded by Champion, to adopt RES. 11 -309, APPROVING THE
FINAL PLAT OF STONE BRIDGE ESTATES, PART SEVEN, IOWA CITY, IOWA (SUB011-
00011). PCD Dir. Davidson presented a power point.
A public hearing was held on plans, specifications, form of contract, and estimate of
cost for the construction of the Water Works Prairie Park Flood Mitigation Improvements
Project, establishing amount of bid security to accompany each bid, directing City Clerk to
publish notice to bidders, and fixing time and place for receipt of bids. No one appeared.
Moved by Bailey, seconded by Mims, to adopt RES. 11 -310, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE WATER WORKS PRAIRIE PARK FLOOD MITIGATION
IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO
ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS,
AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the Phase 1 of the First Avenue Storm
Sewer Improvements Project, establishing amount of bid security to accompany each bid,
directing City Clerk to publish notice to bidders, and fixing time and place for receipt of bids.
No one appeared.
Moved by Wright, seconded by Dickens, to adopt RES. 11 -311, APPROVING
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE PHASE 1 OF THE FIRST AVENUE STORM SEWER
IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO
ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS,
AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the 2011 Parking Ramp Repair 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 Mims, seconded by Champion, to adopt RES. 11 -312, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE 2011
PARKING RAMP REPAIR 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.
A public hearing was held on a resolution approving the Mayor to sign and the City
Clerk to attest a lease agreement with Wells Fargo Company for limited occupation and
possession of the kiosk located in the College Street Pedestrian Mall along the Clinton Street
frontage for installation of an ATM machine and necessary equipment for the sum of $500 per
Complete Description
September 20, 2011
Page 4
month for an initial five year terms with provisions for four subsequent renewal periods of five
years each. No one appeared.
Moved by Bailey, seconded by Dickens, to adopt RES. 11 -313, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE AGREEMENT WITH
WELLS FARGO COMPANY FOR LIMITED OCCUPATION AND POSSESSION OF THE
KIOSK LOCATED IN THE COLLEGE STREET PEDESTRIAN MALL ALONG THE CLINTON
STREET FRONTAGE FOR INSTALLTION OF AN ATM MACHINE AND NECESSARY
EQUIPMENT FOR THE SUM OF $500 PER MONTH FOR AN INTITIAL FIVE YEAR TERMS
WITH PROVISIONS FOR FOUR SUBSEQUENT RENEWAL PERIODS OF FIVE YEARS
EACH. City Atty. Dilkes reported that staff would be making minor tweaks that are non -
substantive provided for in the resolution.
Moved by Bailey, seconded by Mims, to authorize the City Manager to sign a letter of
support and commitment for Iowa City to participate in the Linn County / Johnson County
Sustainable Communities planning grant and planning process. MPOJC Executive Dir.
Yapp; ECICOG Dir. Elliott and Linn County Supervisor Langston present for discussion.
Moved by Wilburn, seconded by Bailey, that the rule requiring ordinances to be
considered and voted on for final passage at two Council meetings prior to the meeting at
which it is to be finally passed be suspended, the second consideration and vote be waived,
and that ORD. 11 -4444, AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 3,
OUTDOOR SERVICE AREAS; SEASONAL, FIVE DAY OR FOURTEEN DAY LICENSES
AND PERMITS, SECTION A, LOCATION TO ESTABLISH NEW LOCATION STANDARDS
FOR TEMPORARY OUTDOOR SERVICE AREAS WHEN REQUESTED IN NOW
RESIDENTIAL ZONES, be voted on for final passage at this time. Moved by Wilburn,
seconded by Bailey, that the ordinance be adopted at this time.
Moved by Wright, seconded by Mims, that the ordinance amending Title 9, entitled
"Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled
"Speed Restrictions ", Subsection B, entitled "Exceptions ", be given second vote.
Moved by Bailey, seconded by Dickens, that the ordinance providing that general
property taxes levied and collected each year on all property located within the Towncrest
Urban Renewal Area, in the City of Iowa City, County of Johnson, State of Iowa, by and for
the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community
School District and other taxing districts, be paid to a special fund for payment of principal
and interest on loans, rebates, grants, monies advanced to and indebtedness, including
bonds issued or to be issued, incurred by said city in connection with the Towncrest Urban
Renewal plan, be given first vote. The Mayor declared the motion carried, 6/0/1, Champion
abstaining due to a conflict of interest.
Moved by Mims, seconded by Wright, to adopt RES. 11 -314, 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 KUENY
ARCHITECTS, LLC TO PROVIDE CONSULTANT SERVICES FOR THE PUBLIC WORKS
FUEL FACILITY AND VEHICLE WASH PROJECT.
Moved by Wright, seconded by Bailey, to adopt RES. 11 -315, AUTHORIZING
APPLICATION FOR FUNDING ASSISTANCE FROM THE IOWA DEPARTMENT OF
TRANSPORTATION (IDOT) FOR DEVELOPMENT OF A LANDSCAPED MEDIAN ON
BURLINGTON STREET FROM THE IOWA RIVER TO CAPITOL STREET.
Complete Description
September 20, 2011
Page 5
The Mayor noted the previously announced vacancies to Boards and Commissions:
Airport Zoning Board 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; Senior Center Commission for an unexpired term, effective upon
appointment, ending December 31, 2012; Youth Advisory Commission for a Tate High
representative for a two -year term, January 1, 2011 - December 31, 2012. Applications must
be received by 5:00 p.m., Wednesday, September 28, 2011.
The Mayor noted the current vacancies: Board of Adjustment for a five -year term
January 1, 2012 - January 1, 2017; Human Rights Commission for three vacancies to fill
three -year terms January 1, 2012 - January 1, 2015; Parks & Recreation Commission for a
four -year term January 1, 2012 - January 1, 2016; Public Art Advisory Committee for two
vacancies to fill three -year terms January 1, 2012 - January 1, 2015; Senior Center
Commission for two vacancies to fill three -year terms January 1, 2012 - December 31, 2014;
Youth Advisory Commission for three vacancies to fill two -year terms January 1, 2012 -
December 31, 2013. Applications must be received by 5:00 p.m., Wednesday, October 26,
2011. Moved by Wright, seconded by Mims, to accept correspondence from John Westefeld.
Moved by Bailey, seconded by Dickens, to appoint Joe Younker, 1011 6t" Avenue, to
Parks & Recreation Commission for an unexpired term, effective upon appointment, plus a
four -year term January 1, 2012 - January 1, 2016. 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.]
Caroline Dieterle appeared re the Downtown Survey. Moved by Wilburn, seconded by
Wright, to accept correspondence.
Council Member Wright highlighted the University of Iowa Government picnic in
College Green Park on September 25.
Mayor Pro tem Wilburn noted the Walks to End Alzheimer's at City Park on September
24; and the Out of Darkness Walk scheduled September 25.
Moved by Bailey, seconded by Mims, to adjourn meeting 8:00 p.m.
Matthew J. Hayek, Mayor
Mari-an K. Karr, City Clerk