HomeMy WebLinkAbout2012-03-06 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's
Office 356 -5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
MARCH 6, 2012
Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding.
Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton.
Absent: None. Staff member present: Markus, Fruin, Dilkes, Karr, Andrew, Bentley, Davidson,
Jennings, O'Brien, Moran, Panos, Havel, O'Malley, Fosse, Havel, Laverman.
The Mayor proclaimed Special Olympics Month — March 2012. Joyce Rossi accepting.
Special Olympians attending: Justin Conklin, Katalan Garten, Kratisha Harbach, Sherry McKee,
Jill Michalek, Faith Milburn, Kelly Peterson, Laurie Ruth, Sandy Snyder, Julia Brumbaugh, Cindy
Moore, Robin Kugley, and Brian Bates.
Moved by Mims, seconded by Champion, 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:
February 21 Council Work Session; February 21 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 —
December 15, 2011; Airport Commission — January 19, 2012; Housing and Community
Development Commission — December 15, 2011; Housing and Community Development
Commission — January 19, 2012; Human Rights Commission — January 17, 2012; Planning
and Zoning Commission — December 15, 2011; Planning and Zoning Commission — January
19, 2012; Planning and Zoning Commission — February 2, 2012; Police Citizens Review Board
- January 10, 2012; Senior Center Commission — January 19, 2012; Telecommunications
Commission — November 28, 2011.
Permit Motions and Resolutions as Recommended by the City Clerk. (New):
Special Class C Liquor License for The Noodle Shop, Co.- Delaware, Inc., dba Noodles &
Company, 201 S. Clinton St.; Outdoor Service Area for The Noodle Shop, Co.- Delaware, Inc.,
dba Noodles & Company, 201 S. Clinton St.; Renewal: Class C Liquor License for Kmarcella,
Inc., dba Donnelly's Pub, 110 E. College St.; Class C Liquor License for Oyama Sushi Chen's,
Inc., dba Oyama Sushi, 1853 Lower Muscatine Rd.; Class C Liquor License for Etre Plaza
Towers Restaurant, LLC, dba Formosa, 221 E. College St.; Special Class C Liquor License for
W & M, LLC, dba Thai Flavors, 340 E. Burlington St.; Class C Liquor License for Graze Iowa
City, LLC, dba Graze, 115 E. College St.
Resolutions: RES. 12 -84, ACCEPTING THE WORK FOR THE MERCER PARK
SIDEWALK REPLACEMENT PROJECT; RES. 12 -85, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST AN EASEMENT AGREEMENT FOR 332 S.
GOVERNOR STREET AND 336 S. GOVERNOR STREET; RES. 12 -86, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF MORTGAGE
FOR THE PROPERTY LOCATED AT 1030 MUSCATINE AVENUE, IOWA CITY, IOWA; RES.
12 -87, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF-
WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER LAURENCE SHORT, ET AL,
AND TENANT SHORT'S BURGER AND SHINE LLC D /B /A SHORT'S BURGER AND SHINE,
FOR A SIDEWALK CAFE; RES. 12 -88, NAMING DEPOSITORIES; RES. 12 -89,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK
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March 6, 2012
Page 2
AND TRUST, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 2132 HOLLYWOOD
BLVD., IOWA CITY, IOWA; RES. 12 -90, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR
THE PROPERTY LOCATED AT 821 EAST CHURCH STREET, IOWA CITY, IOWA; RES. 12-
91 , AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK
AND TRUST, HILLS, IOWA FOR PROPERTY LOCATED AT 1010 S. FIRST AVENUE, IOWA
CITY, IOWA; RES. 12 -92, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND HILLS BANK AND TRUST, HILLS, IOWA FOR PROPERTY LOCATED AT 1541
FOSTER ROAD, IOWA CITY, IOWA.
Setting Public Hearings: RES. 12 -93, SETTING A PUBLIC HEARING ON MARCH 20,
2012, ON AN ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION &
FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND
PENALTIES," SECTION 6, " STORMWATER UTILITY FEE" AND AMENDING TITLE 16
ENTITLED "PUBLIC WORKS," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM
WATER COLLECTION, DISCHARGE AND RUNOFF," SECTION 10(F)(3) TO CHANGE THE
RATE OF THE STORMWATER UTILITY FEE.
Correspondence: Traffic Engineering Planner regarding Installation of (2) NO SEMIS signs
for the 1100 block of North Governor Street; Traffic Engineering Planner regarding Installation of
NO PARKING ANY TIME SIGNS on the cul -de -sac on Petsel Place; Traffic Engineering Planner
regarding Installation of COMMERCIAL LOADING ZONE 30 MINUTE LIMIT 8 AM — 5 PM M -F
and an ALL VEHICLE LOADING ZONE 15 MINUTE LIMIT 8 AM — 5 PM M -F with a 2 AM to 6
AM TOWAWAY ZONE on the north side of the 200 block of East Washington Street; Jake
Binggeli regarding First Avenue Railroad Intersection [staff response included]; Joanna Reno
regarding Notice of Violation for no rental permit [staff response included]; Bob Oppliger,
Bicyclists of Iowa City regarding Platinum level Bike Friendly Community [staff memo included];
Sarah Benson Witry, Leo Baier regarding Support for Bus Strip Tickets [staff memo included];
Craig Just regarding University of Iowa THANK YOU; Cody Stagg regarding Iowa City Curfew
Ordinance; Parker Reineke regarding Speed limit on Court Street; Marjorie Wilhite regarding
Gateway Project; Shelby Good regarding Iowa City Animal Shelter; Trenton Bedford regarding
First Avenue and Court Street Intersection; Felicia Pieper regarding Iowa City Animal Shelter
[staff response included]; Frank Williams regarding Southeast Side; George Hospodarsky
regarding Animal Services; Brian Ceccarelli regarding Red Light Camera Vote; Leo Doyle
regarding Moped Helmet Ordinance Proposal; Mitchell Hasler regarding 21 Only Ordinance; Jim
Maynard regarding New Pioneer Co -op interest in SW Quarter of Chauncey Swan Plaza Park;
Peter Davisson regarding Zoning Amendments — High Density [Mayor response included]; Tony
Barrino regarding Trillionaire Communications; Tom Baldridge, Del Holland, Mark Plum, Evan
Fales, Misty Rebik, Maria Conzemius, Jamie Kearney, Elise Fillpot, Jim Walters, Doug Goodner
regarding Payday lenders.
Senior Center Commissioner Jay Honohan, welcomed new Council Members Dobyns, Payne,
and Throgmorton; reported that the Commission will discuss raising membership fees at the next
Commission meeting; and reported the Center was researching a new telephone system that
could be accessed through assisted living homes. Brian Hemann, 1722 G St., asked Council to
consider placing the matter of allowing chickens within City limits to an upcoming agenda. The
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March 6, 2012
Page 3
following individuals appeared re payday lenders: Sarah Clark, 509 Brown St.; Mauro Heck, 1
Joyfield Lane; and Helene Hembreiker.
Moved by Mims, seconded by Dickens, to set a public hearing for March 20 on a zoning
ordinance to amend the Planned Development Overlay Plan and Sensitive Areas Development
Plan for the Peninsula Neighborhood Phases 3, 4 and 5 located on Foster Road. (REZ1 1-000 17).
Moved by Champion, seconded by Dobyns, to set a public hearing for March 20 on an
ordinance amending Title 14, Zoning, Subsection 14- 2C -8Q, bonus provisions, adding a floor area
bonus for constructing Class A office space on upper floors within a multi -story building in a
Central Business (CB -10) Zone.
A public hearing was held on an ordinance amending Title 14, Zoning, Article 4E,
Nonconforming Situations, regarding the regulation of non - conforming development. PCD Dir.
Davidson present for discussion.
Moved by Mims, seconded by Throgmorton, that the ordinance amending Title 14, Zoning,
Article 4E, Nonconforming Situations, regarding the regulation of non - conforming development, be
given first vote.
A public hearing was held on an ordinance rezoning 1.25 acres of land located at 108 McLean
Street from Neighborhood Stabilization Residential (RNS -20) Zone to Planned Development
Overlay /Neighborhood Stabilization Residential (OPD /RNS -20) Zone (REZ12- 00002). PCD Dir.
Davidson presented a power point. The Mayor asked Council Members to report any ex parte
communications and none were reported. Atty. John Beasley appeared representing Parish
Apartments.
Moved by Dobyns, seconded by Dickens, that the ordinance rezoning 1.25 acres of land
located at 108 McLean Street from Neighborhood Stabilization Residential (RNS -20) Zone to
Planned Development Overlay /Neighborhood Stabilization Residential (OPD /RNS -20) Zone, be
given first vote.
Moved by Mims, seconded by Payne, to adopt RES. 12 -94, APPROVING THE FINAL PLAT OF
MACKINAW VILLAGE PART FOUR, IOWA CITY, IOWA. (SUB11- 00018).
Moved by Champion, seconded by Payne, to adopt RES. 12 -95, APPROVING THE FINAL
PLAT OF BROOKWOOD POINTE SECOND ADDITION, IOWA CITY, IOWA (SUB12- 0002).
A public hearing was held on a resolution authorizing conveyance of a single family home
located at 320 Fairchild Street. No one appeared.
Moved by Dobyns, seconded by Payne, to adopt RES. 12 -96, AUTHORIZING CONVEYANCE
OF A SINGLE FAMILY HOME LOCATED AT 320 FAIRCHILD STREET.
A public hearing was held on a resolution authorizing conveyance of a single family home
located at 336 South Governor Street. No one appeared.
Moved by Payne, seconded by Dobyns, to adopt RES. 12 -97, AUTHORIZING CONVEYANCE
OF A SINGLE FAMILY HOME LOCATED AT 336 SOUTH GOVERNOR STREET.
A public hearing was held on a resolution approving plans, specifications, form of contract, and
estimate of cost for the construction of the Terry Trueblood Recreation Area - Phase 3
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 Mims, seconded by Dickens, to adopt RES. 12 -98, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA - PHASE 3
IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY
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March 6, 2012
Page 4
EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME
AND PLACE FOR RECEIPT OF BIDS.
A public hearing was held on a resolution approving plans, specifications, form of contract, and
estimate of cost for the construction of the Iowa River Water Main Crossings 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 Payne, seconded by Dobyns, to adopt RES. 12 -99, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE IOWA RIVER WATER MAIN CROSSINGS 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. Civil Engr. Havel clarified the flood date referred to the item comment should be 2009
and not 2008.
A public hearing was held on a resolution approving plans, specifications, form of contract, and
estimate of cost for the construction of the U.S. Highway 6 and Sycamore Street Intersection
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. No one appeared.
Moved by Champion, seconded by Payne, to adopt RES. 12 -100, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE U.S. HIGHWAY 6 AND SYCAMORE STREET INTERSECTION
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 a resolution of proposed operating budget for the fiscal year July
1, 2012, through June 30, 2013, the proposed Three -Year Financial Plan for FY2013 — 2015, and
also the Multi -Year Capital Improvements Program through fiscal year 2016. Finance Dir.
O'Malley present for discussion. Individual Council Members acknowledged the work of staff in
preparation and delivery of the budget. No one appeared.
Moved by Dobyns, seconded by Throgmorton, to adopt RES. 12 -101, ADOPTING THE
ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2013.
Moved by Payne, seconded by Dickens, to adopt RES. 12 -102, APPROVING THE THREE -
YEAR FINANCIAL PLAN AND FIVE -YEAR CAPITAL IMPROVEMENTS PROGRAM
Moved by Champion, seconded by Dickens, that the ordinance amending Title 8, "Police
Regulations ", Chapter 5, "Miscellaneous Offenses ", Section 6, "Indecent Exposure and Conduct"
to create two separate offenses to be known and cited as "Indecent Exposure" and "Public
Urination and defecation," be given first vote. Mayor Hayek acknowledged the efforts of UISG
Liaison Graham.
Moved by Mims, seconded by Dobyns, that the ordinance amending Title 3, Finances Taxation
and Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties, Section 7,
Public Transportation to amend fees, be given first vote. Individual Council Members expressed
their views.
Moved by Mims, seconded by Dickens, that the ordinance amending Title 3, Finances,
Taxation and Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties,
Section 3, Potable Water Use and Service, be given second vote.
Moved by Payne, seconded by Champion, that the ordinance amending Title 10 of the City
Code, entitled Use of Public Ways and Property," Chapter 3, entitled, "Commercial Use of
Complete Description
March 6, 2012
Page 5
Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," to allow planters in lieu of fencing, be
given second vote.
Moved by Mims, seconded by Dickens, that the ordinance providing that general property taxes
levied and collected each year on all property located within the Riverfront Crossings 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 riverfront crossings urban renewal plan, be given
second vote. Charles Eicher appeared. The Mayor declared the motion carried, 6/1, with the
following division of roll call vote. Ayes: Dobyns, Hayek, Mims, Payne, Champion, Dickens.
Nays: Throgmorton. Absent: None.
Moved by Mims, seconded by Dickens, to adopt RES. 12 -103, ESTABLISHING FEES FOR
BUILDING PERMITS AND OTHER SERVICES AND ACTIVITIES OF THE HOUSING AND
INSPECTION SERVICES DEPARTMENT AND RESCINDING RESOLUTION NO. 09 -39.
Moved by Mims, seconded by Payne, to adopt RES. 12 -104, ESTABLISHING FEES FOR
SERVICES AND ACTIVITIES OF THE IOWA CITY HOUSING AND INSPECTION SERVICES
DEPARTMENT AND RESCINDING RESOLUTION NO. 09 -40. Anna Buss, 525 W. Benton,
appeared.
Moved by Mims, seconded by Payne, to adopt RES. 12 -105, APPROVING FUNDING FOR
KATY L.L.0 DBA TRUMPET BLOSSOM CAFE FROM IOWA CITY'S COMMUNITY
DEVELOPMENT BLOCK GRANT — ECONOMIC DEVELOPMENT FUND AND AUTHORIZING
THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL
NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT.
Moved by Mims, seconded by Dobyns, to adopt RES. 12 -106, 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 ABUNDANT PLAYSCAPES,
INC., OF IOWA CITY TO PROVIDE ENGINEERING CONSULTING SERVICES FOR THE
LOWER CITY PARK — PARK IMPROVEMENT PROJECT. Parks & Rec. Dir. Moran present for
discussion.
Moved by Dobyns, seconded by Throgmorton, to grant a 45 -day extension to the Police
Citizens Review Board for the filing of the public report with the City Council on Complaint # 11-
03. City Clerk Karr clarified the extension was the first one requested for this complaint.
The Mayor noted the previously announced vacancies to Boards and Commissions: Board of
Adjustment for an unexpired term, effective upon appointment, ending January 1, 2014; 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, March 14, 2012; Planning & Zoning
Commission — One vacancy to fill a five -year term May 1, 2012 — May 1, 2017. Applications must
be received by 5:00 p.m., Wednesday, March 28, 2012.
The Mayor noted the current vacancies: Metropolitan Planning Organization (MPO- formerly
JCCOG) Community; Climate Action Taskforce (formerly Cool Cities Taskforce) for an At-
Large /Public vacancy for a one -year term, effective upon appointment, ending March 2013.
Applications must be received by 5:00 p.m., Wednesday, April 11, 2012.
Moved by Mims, seconded by Dickens, to re- appoint Jose Assouline, 814 Camp Cardinal
Road, to the Airport Commission for a four -year term March 1, 2012 — March 1, 2016; appoint Jim
Complete Description
March 6, 2012
Page 6
Jacobson, 184 Columbia Drive, to the Housing & Community Development Commission for an
unexpired term, effective upon appointment — September 1, 2014.
The Mayor noted no applications were received for the following Boards and Commissions
and all will be readvertised: Airport Commission — One vacancy to fill an unexpired term, effective
upon appointment — March 1, 2014; Airport Zoning Brd of Adjustment — One vacancy to fill a five -
year term January 1, 2012 - December 31, 2016 (New full term); 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, 2010 — December 31, 2015; Airport Zoning Commission for a six -year term.
January 1, 2012 — December 31, 2017 (New full term). 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 consider applying for membership on a Board & Commission, noting it was
a great way to get involved in the community and help the City Council.
Council Member Throgmorton pointed out his earlier request to have Mannerchor sing at the
beginning of a Council meeting; the correction made in the March 6 minutes to reflect his request
to have them "sing" and not "sign "; and asked if Council were interested in pursuing his
suggestion. There was not a majority to pursue.
Council Member Dickens invited everyone to the Iowa City Hospice variety show "Under the
Community Big Top" at the Coralville Center for Performing Arts on March 9 and 10.
Council Member Payne raised concerns regarding the work sessions seeming rushed. After
discussion Council agreed to start the work session at 5:00 PM, and agreed to try a less formal
set up on the dais for the works sessions.
Mayor Hayek congratulated the girl's basketball teams from City High and West High for their
outstanding seasons. Mayor Hayek noted that in the past when an ordinance received second
and final considerations it was not included in the packet materials, and questioned if they could
be included. City Clerk Karr stated she would provide the ordinances for each consideration
starting with the next agenda packet.
Moved by Payne seconded by Mims, to adjourn regular meeting at 8:15 p.m.
D*' 4 -
Matthew J. Pfayek, Mayor
)v
Mari n. K. Karr, City Clerk
I
�-•!6Z -07r� CITY OF IOWA CITY 3a(1
M E M 0 RA N D U M
Date: February 29, 2012
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, February 21, 2012, 5:00 PM in Emma J. Harvat Hall
Council: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton
UISG: Graham
Staff: Markus, Fruin, Andrew, Bentley, Dilkes, Karr, Hargadine, Yapp, Ream, Boothroy,
Rummel, Davidson, Goers, Goodman, Moran, Fosse, O'Brien, Mansfield, Panos, Havel,
Miklo, Howard
(A complete transcription is available in the City Clerk's Office and the City website)
RED LIGHT /AUTOMATED TRAFFIC ENFORCEMENT [Agenda item #19]
Police Chief Hargadine and Transportation Planner Yapp present for discussion.
ANIMAL CONTROL SERVICES UPDATE [IP #3]
City Manager Markus and Police Chief Hargadine present for discussion. Council agreed with
the recommendation of the City Manager to wait for other jurisdictions responses before
meeting with Johnson County; and staff examine outside operation of the shelter.
STAFF ACTION: Proceed as directed. (Markus)
COUNCIL'S FY2012 -13 STRATEGIC PLAN [IP #4]
Asst. to the City Manager Fruin presented a brief overview of the Plan, and stated it was staff's
intent to provide updates every few months.
NEIGHBORHOOD STABILIZATION [Agenda items # 7b,7c,7d]
PCD Dir. Davidson, Sr. Planner Miklo, and Planner Howard presented information and delivered
a power point (archived with the City Clerk). City Manager Markus recommended proceeding
with setting the hearing on item # 7b, and not consider # 7c and 7d. After discussion, a majority
of Council to announce at the beginning of the formal meeting that items #7c and #7d had been
withdrawn from the agenda and would be referred to the Planning & Zoning Commission for a
recommendation.
COUNCIL APPOINTMENTS
Board of Adjustment — re- advertise
Board of Appeals — Scott McDonough
Historic Preservation Comm.- Frank Wagner, Pam Michaud, Esther Baker, Ginalie Swaim
Telecommunications Commission (unexpired) — Nicholas Kilburg
Telecommunications Commission — Laura Bergus, Matthew Butler
Youth Advisory commission (At Large) — Edgar Thornton
Youth Advisory Commission (Tate) — re- advertise
Council Work Session
February 21, 2012
Page 2
*REVISED 3/5/12
AGENDA ITEMS
INFORMATION PACKET DISCUSSION [February 2, 9,16]
PENDING WORK SESSION TOPICS [IP #5]
1. (Consent Calendar Agenda # 5g(9) — City Code amendment section 8 -5 -6) Council agreed
to schedule discussion and action for the March 6 agenda.
2. (IP 20 of 2/16 Info Packet — Memo from Asst. City Atty. re Payday Lending Restrictions) In
response to Council Member Dobyns, a majority of Council agreed to schedule further
discussion at the March 6 work session.
3. (IP 5 of 2/16 Info Packet — Pending Work Session Topics) Council Member Throgmorton
noted the request to rename Broadway Street, and questioned if a discussion on other
complex issues. Majority agreed to wait for a staff response on the renaming matter before
proceeding with further scheduling.
4. (Consent Calendar Agenda # 5g(11) — Jane A. Messenger — two proposed new geographic
feature names .... Creeks ... ) In response to Council Member Mims, Public Works Dir.
Fosse stated he would follow up on the request.
5. (1 P8 of 2/16 Info Packet — Letter from City Manager re Denial of Occupy Iowa City permit)
Council Member praised City Manager Markus for the letter.
6. (IP6 of 2/16 Info Packet — Memo from City Clerk re KXIC Radio Show) Council agreed to
the following dates:
February 29 - Dickens
March 7 - Mims
March 14 - Hayek
March 21 — Dobyns
March 28 - Payne
April 4 - Throgmorton
April 11- Champion
COUNCIL TIME
Council Member Throgmorton reported on a performance of 7'" and 8t" graders from Southeast
*Junior High, and suggested asking Mannerchor to come and sing to start a formal meeting.
(Break for formal meeting 6:50 PM, resumed 10:25 PM)
MEETING SCHEDULE [IP #7]
Council agreed to following meeting schedule for April through August:
• April 3, 17
• May 1, 15
• June 5, 19
• July 10, 31
• August 21
UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS
None
Meeting adjourned 10:30 PM.
Council Work Session
February 21, 2012
Page 2
AGENDA ITEMS
INFORMATION PACKET DISCUSSION [February 2, 9, 16]
PENDING WOR SESSION TOPICS [IP #5]
1. (Consent Calend Agenda # 5g(9) — City Code amendment section 8 -5 -6) Council agreed
to schedule discus 'on and action for the March 6 agenda.
2. (IP 20 of 2/16 Info Pa' et — Memo from Asst. City Atty. re Payday Le ding Restrictions) In
response to Council Me ber Dobyns, a majority of Council agreed schedule further
discussion at the March work session.
3. (IP 5 of 2/16 Info Packet — ding Work Session Topics) Counci Member Throgmorton
noted the request to rename adway Street, and questioned if a discussion on other
complex issues. Majority agree'0 to wait for a staff response orX the renaming matter before
proceeding with further scheduling.\
i
4. (Consent Calendar Agenda # 5g(11) Jane A. Messenger—,, two proposed new geographic
feature names .... Creeks ...) In respo se to Council Member Mims, Public Works Dir.
Fosse stated he would follow up on the quest.
5. (IP8 of 2/16 Info Packet — Letter from City nager re, Denial of Occupy Iowa City permit)
Council Member praised City Manager Marku for the letter.
6. (IP6 of 2/16 Info Packet— Memo from City Clerk
the following dates:
February 29 - Dickens
March 7 - Mims
March 14 - Hayek
March 21 — Dobyns
March 28 - Payne
April 4 - Throgmorton
April 11- Champion
COUNCIL TIME
Council Member Throgmorton repo
Junior High, and suggested asking
(Break for formal meeting 6:50
MEETING SCHEDULE [IP #7]
Council agreed to following m
• April 3, 17
• May 1, 15
• June 5, 19
• July 10, 31
• August 21
MM
►T=0 "
Meeting adjourned 10:30 PM.
KXIC Radio Show) Council agreed to
on a performance of 7th and th graders from Southeast
core to come and sign to start formal meeting.
resumed 10.25 PM)
ng schedule for April through August:
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 — 2/21/12
Iowa City City Council Regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding.
Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton.
Absent: None.
The Mayor announced that Planning & Zoning items, 7c, 7d, 7f, and 7g had been withdrawn
and would not be acted upon by Council at the meeting.
The Mayor presented the State of the City.
The Mayor proclaimed Sertoma Freedom Week — February 12, 2012, Ted Halm accepting.
The Mayor presented Outstanding Student Citizenship awards to Hoover Elementary students:
Baylee Eider and Irene Samuelson.
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:
Approval of Council Actions, subject to corrections, as recommended by the City Clerk:
January 7 Council Work Session — Budget; January 9 Council Work Session — Budget;
January 24 Council Work Session; January 24 Special Council Formal Official and Complete;
January 31 Council Work Session — Budget.
Receive and File Minutes of Boards and Commissions (any recommendations contained in
minutes become effective only upon separate Council action): Board of Adjustment — January
11, 2012; Historic Preservation Commission — December 18 2011; Historic Preservation
Commission — January 12; Senior Center Commission - December 15, 2011; Youth Advisory
Commission — December 17, 2011; Youth Advisory Commission — January 8, 2012.
Permit Motions and Resolutions as Recommended by the City Clerk. (Renewal): Class C
Liquor License for Bo- James, 118 E. Washington St.; Class C Beer Permit for Convenience
Store, 106 S. Linn St.; Class C Liquor License for El Ranchero Mexican Restaurant, 21
Sturgis Corner Dr.; Class E Liquor License for Hy -Vee #3, 1201 N. Dodge St.; Class E Liquor
License for Hy -Vee Food Store #2, 812 S. First Ave.; Class E Liquor License for Hy -Vee Food
& Drugstore #1, 1720 Waterfront Dr.; Class C Liquor License for It's Brothers Bar & Grill, 125
S. Dubuque St.; Outdoor Service Area for It's Brothers Bar & Grill, 125 S. Dubuque St.; Special
Class C Liquor License for Thai Spice Restaurant, 1210 S. Gilbert St.; Class C Liquor License
for Carl & Ernie's Good Time Pub and Grub, 161 Highway 1 W.; Outdoor Service Area for Carl
& Ernie's Good Time Pub and Grub, 161 Highway 1 W.; Class B Beer Permit for Godfathers
Pizza, 531 Highway 1 W.; Class C Liquor License for Coach's Corner Sports Pub, 749
Mormon Trek Blvd.; Outdoor Service Area for Coach's Corner Sports Pub, 749 Mormon Trek
Blvd.; Class B Liquor License for Sheraton Iowa City, 210 S. Dubuque St.; Outdoor Service
Area for Sheraton Iowa City, 210 S. Dubuque St.; RES. 12 -47, TO ISSUE DANCE FLOOR
Permit to It's Brothers Bar & Grill, 125 S. Dubuque St. and Sheraton Iowa City, 210 S.
Dubuque St.; RES. 12 -48, TO ISSUE CIGARETTE PERMIT Ekam Chicago Dog, 245 S.
Gilbert St.
Resolutions: RES. 12 -49, AMENDING THE AMOUNT OF BID SECURITY TO
ACCOMPANY EACH BID FOR THE WASTEWATER TREATMENT FACILITIES
CONSOLIDATION PROJECT; RES. 12 -50, ACCEPTING THE FY 2012 ASPHALT
Official Actions
February 21, 2012
Page 2
RESURFACING PROJECT; RES. 12 -51, ACCEPTING THE RIVERSIDE DRIVE FLOOD
REPAIR PROJECT; RES. 12 -52, ACCEPTING THE WORK FOR THE GILBERT STREET
STREETSCAPE PROJECT; RES. 12 -53, ACCEPTING THE WORK FOR THE LOWER
MUSCATINE ROAD - RESIDENTIAL ELECTRICAL SERVICE CONVERSION PROJECT;
RES. 12 -54, ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN
PUBLIC IMPROVEMENTS FOR NORTHPOINT CROSSING, AND DECLARING THE PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC USE; RES. 12 -55, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR
TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY,
LANDOWNER ONE TEN PROPERTIES, LLC, AND TENANT KMARCELLA, INC. D /B /A
DONNELLY'S PUB, FOR A SIDEWALK CAFE; RES. 12 -56, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR
TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY,
LANDOWNER WILLIAM AND HELEN BYINGTON, AND TENANT LITTLE DONKEYS, INC.
D /B /A PANCHERO'S MEXICAN GRILL, FOR A SIDEWALK CAFE; RES. 12 -57,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF
A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN
THE CITY OF IOWA CITY, LANDOWNER CELE C. LUBIN REVOCABLE TRUST, AND
TENANT MOTIF, LTD D /B /A BO- JAMES, FOR A SIDEWALK CAFE; RES. 12 -58,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF
A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN
THE CITY OF IOWA CITY, LANDOWNER MARC MOEN, AND TENANT STARBUCKS
CORPORATION D /B /A STARBUCKS COFFEE #2855 -IA, FOR A SIDEWALK CAFE; RES.
12 -59, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF-
WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER 1900 LLC, AND TENANT
TAKANAMI LLC D /B /A TAKANAMI, FOR A SIDEWALK CAFE; RES. 12 -60, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE
AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY
OF IOWA CITY, LANDOWNER PLAZA TOWERS LLC, AND TENANT ETRE PLAZA
TOWERS RESTAURANT D /B /A FORMOSA ASIAN CUISINE, FOR A SIDEWALK CAFE;
RES. 12 -61, AUTHORIZING THE CITY MANAGER TO SIGN A LISTING AGREEMENT WITH
BLANK & MCCUNE, THE REAL ESTATE COMPANY TO SELL 928 LONGFELLOW COURT;
RES. 12 -62, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY
LOCATED AT 1201 MARCY STREET, IOWA CITY, IOWA; RES. 12 -63, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, WEST
LIBERTY, IOWA FOR PROPERTY LOCATED AT 1471 BURNS AVENUE, IOWA CITY,
IOWA; RES. 12 -64, 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 2073 SHERMAN
DRIVE, IOWA CITY, IOWA; RES 12 -65, 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
2641 GABLE STREET, IOWA CITY, IOWA; RES. 12 -66, APPROVING AN AMENDMENT TO
Official Actions
February 21, 2012
Page 3
LEASE WITH MERSCHMAN SEEDS, INC. AND REGENNITTER FARMS, INC. TO LEASE
AN ACCESS WAY FROM MORMON TREK BLVD. TO THE NORTH /SOUTH RUNWAY.
Setting Public Hearings: RES. 12 -67, SETTING A PUBLIC HEARING ON MARCH 6,
2012, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST
FOR THE CONSTRUCTION OF THE U.S. HIGHWAY 6 AND SYCAMORE STREET
INTERSECTION IMPROVEMENT PROJECT, DIRECTING THE CITY CLERK TO PUBLISH
NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID
PLANS ON FILE FOR PUBLIC INSPECTION; RES. 12 -68, SETTING A PUBLIC HEARING
ON MARCH 6, 2012, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA RIVER WATER MAIN
CROSSINGS PROJECT, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID
HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR
PUBLIC INSPECTION; RES. 12 -69, SETTING A PUBLIC HEARING ON MARCH 6, 2012, ON
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA - PHASE 3
IMPROVEMENTS PROJECT, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF
SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE
FOR PUBLIC INSPECTION; RES. 12 -70, RELATING TO THE ISSUANCE OF NOT TO
EXCEED $5,376,250 IN AGGREGATE PRINCIPAL AMOUNT OF MIDWESTERN DISASTER
AREA REVENUE BONDS (IOWA CANCER CURE PROJECT) SERIES 2012, OF THE CITY
OF IOWA CITY, IOWA; AND SPECIFICALLY (1) DECLARING INTENT TO REIMBURSE
EXPENDITURES FROM PROCEEDS OF SAID BONDS; (2) FIXING A DATE FOR A PUBLIC
HEARING ON THE PROPOSAL TO ISSUE SAID BONDS for March 20, 2012;
(3) DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE SAID BONDS; AND
(4) AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT; RES. 12 -71,
SETTING A PUBLIC HEARING ON MARCH 6, 2012 TO DISCUSS THE PROPOSED
OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2012 THROUGH JUNE 30, 2013,
THE PROPOSED THREE -YEAR FINANCIAL PLAN FOR FY2013 - 2015, AND ALSO THE
MULTI -YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2016;
RES. 12 -72, SETTING PUBLIC HEARING FOR MARCH 6, 2012, ON A PROPOSAL TO
CONVEY A SINGLE FAMILY HOME LOCATED AT 320 FAIRCHILD STREET; RES. 12 -73,
SETTING PUBLIC HEARING FOR MARCH 6, 2012, ON A PROPOSAL TO CONVEY A
SINGLE FAMILY HOME LOCATED AT 336 SOUTH GOVERNOR STREET.
Motions: Approve disbursements in the amount of $12,170,288.56 for the period of
January 1 through January 31, 2012, as recommended by the finance director subject to audit.
Correspondence: Letter from Jay Honohan regarding Senior Center Commission Budget
Report [Previously distributed for 1/31 budget session); Sally Bowers regarding 911 N. Governor
St.; Risa Dotson Eicke regarding Broadway St.; Alyssa Clayden regarding Free Bus Ticket
Program; Steven Miller regarding Layoffs, outsourcing; Libris Fidelis regarding What Happens
When Iowa City Sacrifices Humanistic Zoning; Amy Butler regarding Charity Contest for Linda
Severson memorial [staff response included]; Jean Walker (X4) regarding UI Health Care Master
Plan as regards the Melrose Neighborhood]; Cody Graham, UISG City Council Liaison regarding
City Code Section 8 -5 -6 amendment; Steve Goetzelman regarding Gilbert St. Road Diet; Jane
A. Messenger regarding Second Request for opinion on two proposed new geographic feature
names, Cardinal Creek and Cardinal Creek South Branch, Johnson County, IA.; Clint R. Cabney
regarding Toxic Fluoride; Robert Sessions regarding Long Term Prosperity; Libris Fidelis
Official Actions
February 21, 2012
Page 4
regarding Occupy Iowa City - College Green Park Permit; Corridor Black Business Committee —
FY13 Funding for community events; Johnson County Board of Supervisors regarding New Animal
Shelter.
Bob Oppliger, 1928 Delwood, rep. Bicyclists of Iowa City, requesting Council consider Iowa
City becoming a platinum level bike - friendly community. Orville Townsend, 713 Whiting Ave.,
raised concerns regarding a statement made by a city official in the January 28 Press - Citizen
concerning PCDB Board Member Royceann Porter. Brian Hurley, referenced a letter from Robert
Sessions re Long Term Prosperity and encouraged the community organize around climate
change. Mary Adams, 1172 Hotz Ave., and Oguz Poroy, 36 Highland Dr., appeared re options for
the homeless once Occupy Iowa City is no longer at College Green Park.
Moved and seconded to set a public hearing for March 6 on an ordinance amending Title 14,
Zoning, Article 4E, Nonconforming Situations, regarding the regulation of Non - Conforming
Development.
Moved and seconded, to set a public hearing for March 20 on an ordinance amending Title 14,
Zoning, Article 9a, General Definitions, changing the definition of "Household" as it applies in the
RM -44, PRM, RNS -20, RM -20, and CO -1 Zones. The following people appeared: Sarah Clark,
Brown St., rep Northside Neighborhood Association; Glenn Siders, PO Box 1903 rep. Southgate
Development and Greater Iowa City Area Homebuilder's Association; Mark Holtkamp; Clair
Sponsler, 413 N. Gilbert St.; Casey Cook, Oak Park Ct.; Sheri Degraw, rep Joan Jehle, 1100 E.
Jefferson St.; Yale Cohn; Anna Buss, 525 W. Benton St.; Jean Walker, 335 Lucon Dr.; Mike
McLaughlin, (C); Mike Wright, 225 N. Lucas St.; T. J. Brandi, 1912 Rochester Ct.; Mike Oliver,
Prestige Properties; Nancy Carlson, 1002 E. Jefferson; Leslie Schwalm, 819 E. Market St.; and
Nialle Sylvan, 1722 Morningside Dr. The Mayor declared the motion carried, 4/3, with the following
division of roll call vote. Ayes: Champion, Mims, Hayek, Throgmorton. Nays: Dobyns, Payne,
Dickens. Absent: None. Moved and seconded to accept correspondence from Karyl Bohnsack,
Matt Bruckman, Mark Cannon, Casey Cook, Pete Davisson, Sheila Davisson, Michael Feiss,
Arthur Floss III, Steve Gordon, Lindsay Hall, Russell Haught, Daniel Knebel, Mary Knudson, Amy
Kretkowski, Cecile Kuenzli, Barbara Latenser, Dan Marine, John Marshall, Jeffrey McGinness,
Michael McLaughlin, Chad Mellinger, Becca Morgan, Jim Muilford, Judith Pascoe, Michael Pugh
(2), Tracy Reiten, Thomas Scott, Glenn Siders, Mike Streb, Robert Till -Retz, Kevin Tompkins,
Mike & Le Ann Tyson, Christina Welu- Reynolds, David Wieseneck, Mike Wright.
The Mayor stated that items 7c and 7d, setting a public hearing for March 20 on an ordinance
amending Title 14, Zoning, Articles 2B and 2C, and Paragraph 14- 4b -4A -7 to establish three as
the maximum number of bedrooms allowed within a multi - family dwelling unit in the Multi - Family
Zones and in Commercial Zones that allow multi - family dwelling units and establish graduated
residential density formulas for multi - family dwellings based on the relative number of bedrooms
per dwelling unit in multi - family zones and in Commercial Zones that allow multi - family dwelling
units and setting a public hearing for March 20 on amendments to Title 14, Zoning, Article 5A, Off -
Street Parking and Loading Standards, to increase the number of required parking spaces for
multi - family dwelling units when located within a designated university impact area(UTA), be
withdrawn.
Moved and seconded, to set a public hearing for March 6 on an ordinance rezoning 1.25 acres
of land located at 108 McLean Street from Neighborhood Stabilization Residential (RNS -20) Zone
to Planned Development Overlay / Neighborhood Stabilization Residential (OPD /RNS -20) Zone
(REZ12- 00002).
Official Actions
February 21, 2012
Page 5
The Mayor stated that Items 7f and 7g, resolution amending the comprehensive plan to
change the land use designation from Office Commercial to High Density Multi - Family for property
located at 821 E. Jefferson Street and the ordinance rezoning .47 acres of land located at 821
Jefferson Street from Commercial Office CO -1) to High Density Multi - Family Residential (RM -44)
(REZ11- 00018), have been withdrawn at the applicants request.
Council Member Payne left the meeting due to a conflict of interest on the follow item.
Moved and seconded that ORD. 12 -4463, REZONING 4.3 ACRES LOCATED AT 1920
PRAIRIE DU CHIEN ROAD FROM LOW DENSITY SINGLE - FAMILY RESIDENTIAL (RS -5)
ZONE TO RURAL RESIDENTIAL (RR1) ZONE (REZ11- 00019), be passed and adopted. The
Mayor declared the ordinance adopted, Payne abstaining.
Council Member Payne returned.
A public hearing was held on a resolution authorizing conveyance of a single family home
located at 412 Ronalds Street.
Moved by Mims, seconded by Dickens, to adopt RES. 12 -74, AUTHORIZING CONVEYANCE
OF A SINGLE FAMILY HOME LOCATED AT 412 RONALDS STREET.
A public hearing was held on a resolution authorizing conveyance of a single family home
located at 658 South Lucas Street.
Moved and seconded to adopt RES. 12 -75, AUTHORIZING CONVEYANCE OF A SINGLE
FAMILY HOME LOCATED AT 658 SOUTH LUCAS STREET.
A public hearing was held on a resolution authorizing conveyance of land east of Sturgis Corner
Drive and west of the Iowa River to Ravi Lodging, Inc.
Moved and seconded to adopt RES. 12 -76, AUTHORIZING CONVEYANCE OF LAND EAST
OF STURGIS CORNER DRIVE AND WEST OF THE IOWA RIVER TO RAVI LODGING, INC.
A public hearing was held on a resolution authorizing the Mayor to sign and the City Clerk to
attest a lease between the City of Iowa City and the Iowa Valley Habitat for Humanity for office
and warehouse space at the site commonly known as the East Side Recycling Center.
Moved and seconded to adopt RES. 12 -77, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST A LEASE BETWEEN THE CITY OF IOWA CITY AND THE IOWA
VALLEY HABITAT FOR HUMANITY FOR OFFICE AND WAREHOUSE SPACE AT THE SITE
COMMONLY KNOWN AS THE EAST SIDE RECYCLING CENTER.
A public hearing was held on a resolution authorizing the Mayor to sign and the City Clerk to
attest a lease between the City of Iowa City and the Iowa City Friends of Historic Preservation for
warehouse space for the salvage barn at the commonly known as the East Side Recycling Center.
Moved and seconded to adopt RES. 12 -78, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST A LEASE BETWEEN THE CITY OF IOWA CITY AND THE IOWA
CITY FRIENDS OF HISTORIC PRESERVATION FOR WAREHOUSE SPACE FOR THE
SALVAGE BARN AT THE COMMONLY KNOWN AS THE EAST SIDE RECYCLING CENTER.
A public hearing was held on an ordinance amending Title 3, Finances, Taxation and Fees,
Chapter 4, schedule of fees, rates, charges, bonds, fines and penalties, Section 3, Potable Water
Use and Service.
Moved and seconded that the ordinance amending Title 3, Finances, Taxation and Fees,
Chapter 4, schedule of fees, rates, charges, bonds, fines and penalties, Section 3, Potable Water
Use and Service, be given first vote.
Moved and seconded to adopt RES. 12 -79, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST A LEASE FOR PROPERTY WITH THE JOHNSON COUNTY
Official Actions
February 21, 2012
Page 6
AGRICULTURAL ASSOCIATION FOR RENTAL OF THE JOHNSON COUNTY SWINE BARN
AND BUILDING B FOR PURPOSES OF STORAGE OF CITY EQUIPMENT.
Moved and seconded that the ordinance amending Title 10 of the City Code, entitled use of
Public Ways and Property," Chapter 3, entitled, "Commercial Use of Sidewalks," Section 3,
entitled "Use for Sidewalk Cafes," to allow planters in lieu of fencing, be given first vote.
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. 12 -4464, AMENDING
TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 4, ENTITLED "PARKING
REGULATIONS," SECTION 1, ENTITLED "PARKING PROHIBITED IN SPECIFIED PLACES,"
TO PROHIBIT PARKING ADJACENT TO A CURB EXTENSION, be voted on for final passage at
this time. Moved and seconded that the ordinance be finally adopted at this time.
Moved and seconded to adopt ORD. 12 -4465, TO ADOPT THE CODE OF ORDINANCES OF
THE CITY OF IOWA CITY, IOWA, 2012, AKA "CITY CODE."
Moved and seconded that the ordinance providing that general property taxes levied and
collected each year on all property located within the Riverfront Crossings 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 Riverfront Crossings Urban Renewal Plan, be given first vote.
Moved and seconded that ORD. 12 -4466, AMENDING TITLE 9, "MOTOR VEHICLES AND
TRAFFIC," CHAPTER 1, "DEFINITIONS;" AND AMENDING TITLE 9, "MOTOR VEHICLES AND
TRAFFIC," TO ADD A NEW CHAPTER 11, "AUTOMATIC TRAFFIC ENFORCEMENT," TO
ALLOW FOR RED LIGHT AUTOMATED TRAFFIC ENFORCEMENT, be passed and adopted.
The following individuals appeared: Sean Curtin, Muscatine Ave.; Anna Buss, 525 W. Benton St.;
Charles Eicher, (C); Martha Hampel, Oakcrest St.; Aaron Garrett, (North Liberty); Ed Walters, 110
S. First Ave.; and Roger Knight. The Mayor declared the ordinance adopted, 4/3, with the
following division of roll call vote. Ayes: Dickens, Dobyns, Hayek, Mims. Nays: Payne,
Throgmorton, Champion. Absent: None. Moved and seconded to accept correspondence from
Jim Throgmorton, Greg Graham, Muriel Naumann, Mark Rushton, James Walker, Sam Osborne,
Elnora Smith, Timothy Stalter, Judy Pfohl (2), Brian Ceccarelli, Nelson Moyer, Susan Enzle, Jill
Butler.
Moved and seconded to adopt RES. 12 -80, AMENDING THE BUDGETED POSITIONS IN
THE TRANSPORTATION SERVICES DEPARTMENT AND THE AFSCME PAY PLAN BY
RECLASSIFYING THE PARKING CLERK POSITION, AFSCME GRADE 4, TO CUSTOMER
SERVICE REPRESENTATIVE — PARKING, AFSCME GRADE 7.
Moved and seconded to adopt RES. 12 -81, AWARDING CONTRACT AND AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE NORTH MARKET SQUARE PARK PAVILION PROJECT.
Moved and seconded to adopt RES. 12 -82, AWARDING CONTRACT AND AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE HIGHWAY 218 AND MELROSE AVENUE TRAFFIC SIGNALIZATION
PROJECT.
Official Actions
February 21, 2012
Page 7
Moved and seconded to adopt RES. 12 -83, ALLOCATING HUMAN SERVICES AID TO
AGENCIES FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2013. Moved and seconded
to accept correspondence from Lynette Jacoby, Sarah Bhakta. Transportation Planner & MPO Ex.
The Mayor noted previously vacancies to Boards and Commissions: Airport Commission for a
four -year term March 1, 2012 - March 1, 2016; Airport Commission for an unexpired term,
effective upon appointment - March 1, 2014; Airport Zoning Brd of Adjustment - for a five -year
term January 1, 2012 - December 31, 2016; 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,
2010 - December 31, 2015; Airport Zoning Commission for a six -year term January 1, 2012 -
December 31, 2017; Housing & Community Development Commission for an unexpired term,
effective upon appointment - September 1, 2014. Applications must be received by 5:00 p.m.,
Wednesday, February 29, 2012.
The Mayor noted the current vacancies: Planning & Zoning Commission for a five -year term
May 1, 2012 - May 1, 2017. Applications must be received by 5:00 p.m., Wednesday, March 28,
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 appoint Scott McDonough, 10 Bella Vista Place, to the Board of
Appeals for a five -year term January 1, 2012 - December 31, 2016, for a qualified trade
representative; re- appoint the following to Historic Preservation Commission - Frank Wagner,
1724 Muscatine Ave., for At -large representative, Pam Michaud, 109 S. Johnson St., for College
Green representative, Esther Baker, 1022 E. College St., Ginalee Swaim for Woodlawn
representative, for four vacancies for three -year terms March 29, 2012 - March 29, 2015; appoint
Nicholas Kilburg, 915 Oakcrest #19, to the Telecommunications Commission for an unexpired
term, effective upon appointment - March 13, 2014; re- appoint Laura Bergus, 2231 California
Avenue and appoint Matthew Butler, 2602 Friendship, to the Telecommunications Commission for
two vacancies to fill three -year terms March 13, 2012 - March 13, 2015; appoint Edgar Thornton,
631 Scott Park Drive, to the Youth Advisory Commission for a two -year term January 1, 2012 -
December 31, 2013.
The Mayor noted that no applications were received or gender balance requirements met for
the Board of Adjustment for an unexpired term, effective upon appointment, ending January 1,
2014 and Youth Advisory Commission for Tate High for a two -year term January 1, 2011 -
December 31, 2012, both will be readvertised.
Moved and seconded to adjourn back to work session at 10:25 .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
Submitte for publication - 2/28/12.
�0
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
FEBRUARY 21, 2012
Iowa City City Council Regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding.
Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton.
Absent: None. Staff members present: Markus, Fruin, Dilkes, Karr, Andrew, Bentley, O'Brien,
Rummel, Jordon, Fosse, Hargadine, Moran, Davidson, Havel.
The Mayor announced that Planning & Zoning items, 7c, 7d, 7f, and 7g had been withdrawn
and would not be acted upon by Council at the meeting.
The Mayor presented the State of the City.
The Mayor proclaimed Sertoma Freedom Week — February 12, 2012, Ted Halm accepting.
The Mayor presented Outstanding Student Citizenship awards to Hoover Elementary students:
Baylee Eider and Irene Samuelson.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Champion, seconded by Throgmorton, 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:
January 7 Council Work Session — Budget; January 9 Council Work Session — Budget;
January 24 Council Work Session; January 24 Special Council Formal Official and Complete;
January 31 Council Work Session — Budget.
Receive and File Minutes of Boards and Commissions (any recommendations contained in
minutes become effective only upon separate Council action): Board of Adjustment — January
11, 2012; Historic Preservation Commission — December 18 2011; Historic Preservation
Commission — January 12; Senior Center Commission - December 15, 2011; Youth Advisory
Commission — December 17, 2011; Youth Advisory Commission — January 8, 2012.
Permit Motions and Resolutions as Recommended by the City Clerk. (Renewal): Class C
Liquor License for Motif, Ltd., dba Bo- James, 118 E. Washington St.; Class C Beer Permit for
Kelly Stucker dba Convenience Store, 106 S. Linn St.; Class C Liquor License for El
Ranchero, Inc., dba El Ranchero Mexican Restaurant, 21 Sturgis Corner Dr.; Class E Liquor
License for Hy -Vee, Inc., dba Hy -Vee #3, 1201 N. Dodge St.; Class E Liquor License for Hy-
Vee, Inc., dba Hy -Vee Food Store #2, 812 S. First Ave.; Class E Liquor License for Hy -Vee,
Inc., dba Hy -Vee Food & Drugstore #1, 1720 Waterfront Dr.; Class C Liquor License for
Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S. Dubuque St.; Outdoor Service
Area for Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S. Dubuque St.; Special
Class C Liquor License for Chansy Keomanivong dba Thai Spice Restaurant, 1210 S. Gilbert
St.; Class C Liquor License for Carl & Ernie Enterprises, LLC, dba Carl & Ernie's Good Time
Pub and Grub, 161 Highway 1 W.; Outdoor Service Area for Carl & Ernie Enterprises, LLC,
dba Carl & Ernie's Good Time Pub and Grub, 161 Highway 1 W.; Class B Beer Permit for Stuff
Corporation, dba Godfathers Pizza, 531 Highway 1 W.; Class C Liquor License for Coach's
Corner Sports Pub, LLC, dba Coach's Corner Sports Pub, 749 Mormon Trek Blvd.; Outdoor
Service Area for Coach's Corner Sports Pub, LLC, dba Coach's Corner Sports Pub, 749
Mormon Trek Blvd.; Class B Liquor License for RBD Iowa City, LLC, dba Sheraton Iowa City,
210 S. Dubuque St.; Outdoor Service Area for RBD Iowa City, LLC, dba Sheraton Iowa City,
210 S. Dubuque St.; RES. 12 -47, TO ISSUE DANCE FLOOR Permit to Brothers of Iowa City,
Inc., dba It's Brothers Bar & Grill, 125 S. Dubuque St. and RBD Iowa City, LLC, dba Sheraton
Complete Description
February 21, 2012
Page 2
Iowa City, 210 S. Dubuque St.; RES. 12 -48, TO ISSUE CIGARETTE PERMIT to Ekam, LLC.,
dba Ekam Chicago Dog, 245 S. Gilbert St.
Resolutions: RES. 12 -49, AMENDING THE AMOUNT OF BID SECURITY TO
ACCOMPANY EACH BID FOR THE WASTEWATER TREATMENT FACILITIES
CONSOLIDATION PROJECT; RES. 12 -50, ACCEPTING THE FY 2012 ASPHALT
RESURFACING PROJECT; RES. 12 -51, ACCEPTING THE RIVERSIDE DRIVE FLOOD
REPAIR PROJECT; RES. 12 -52, ACCEPTING THE WORK FOR THE GILBERT STREET
STREETSCAPE PROJECT; RES. 12 -53, ACCEPTING THE WORK FOR THE LOWER
MUSCATINE ROAD - RESIDENTIAL ELECTRICAL SERVICE CONVERSION PROJECT;
RES. 12 -54, ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN
PUBLIC IMPROVEMENTS FOR NORTHPOINT CROSSING, AND DECLARING THE PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC USE; RES. 12 -55, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR
TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY,
LANDOWNER ONE TEN PROPERTIES, LLC, AND TENANT KMARCELLA, INC. D /B /A
DONNELLY'S PUB, FOR A SIDEWALK CAFE; RES. 12 -56, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR
TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY,
LANDOWNER WILLIAM AND HELEN BYINGTON, AND TENANT LITTLE DONKEYS, INC.
D /B /A PANCHERO'S MEXICAN GRILL, FOR A SIDEWALK CAFE; RES. 12 -57,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF
A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN
THE CITY OF IOWA CITY, LANDOWNER CELE C. LUBIN REVOCABLE TRUST, AND
TENANT MOTIF, LTD D /B /A BO- JAMES, FOR A SIDEWALK CAFE; RES. 12 -58,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF
A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN
THE CITY OF IOWA CITY, LANDOWNER MARC MOEN, AND TENANT STARBUCKS
CORPORATION D /B /A STARBUCKS COFFEE #2855 -IA, FOR A SIDEWALK CAFE; RES.
12 -59, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF-
WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER 1900 LLC, AND TENANT
TAKANAMI LLC D /B /A TAKANAMI, FOR A SIDEWALK CAFE; RES. 12 -60, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE
AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY
OF IOWA CITY, LANDOWNER PLAZA TOWERS LLC, AND TENANT ETRE PLAZA
TOWERS RESTAURANT D /B /A FORMOSA ASIAN CUISINE, FOR A SIDEWALK CAFE;
RES. 12 -61, AUTHORIZING THE CITY MANAGER TO SIGN A LISTING AGREEMENT WITH
BLANK & MCCUNE, THE REAL ESTATE COMPANY TO SELL 928 LONGFELLOW COURT;
RES. 12 -62, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY
LOCATED AT 1201 MARCY STREET, IOWA CITY, IOWA; RES. 12 -63, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, WEST
LIBERTY, IOWA FOR PROPERTY LOCATED AT 1471 BURNS AVENUE, IOWA CITY,
IOWA; RES. 12 -64, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
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February 21, 2012
Page 3
MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 2073 SHERMAN
DRIVE, IOWA CITY, IOWA; RES 12 -65, 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
2641 GABLE STREET, IOWA CITY, IOWA; RES. 12 -66, APPROVING AN AMENDMENT TO
LEASE WITH MERSCHMAN SEEDS, INC. AND REGENNITTER FARMS, INC. TO LEASE
AN ACCESS WAY FROM MORMON TREK BLVD. TO THE NORTH /SOUTH RUNWAY.
Setting Public Hearings: RES. 12 -67, SETTING A PUBLIC HEARING ON MARCH 6,
2012, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST
FOR THE CONSTRUCTION OF THE U.S. HIGHWAY 6 AND SYCAMORE STREET
INTERSECTION IMPROVEMENT PROJECT, DIRECTING THE CITY CLERK TO PUBLISH
NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID
PLANS ON FILE FOR PUBLIC INSPECTION; RES. 12 -68, SETTING A PUBLIC HEARING
ON MARCH 6, 2012, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA RIVER WATER MAIN
CROSSINGS PROJECT, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID
HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR
PUBLIC INSPECTION; RES. 12 -69, SETTING A PUBLIC HEARING ON MARCH 6, 2012, ON
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA - PHASE 3
IMPROVEMENTS PROJECT, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF
SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE
FOR PUBLIC INSPECTION; RES. 12 -70, RELATING TO THE ISSUANCE OF NOT TO
EXCEED $5,376,250 IN AGGREGATE PRINCIPAL AMOUNT OF MIDWESTERN DISASTER
AREA REVENUE BONDS (IOWA CANCER CURE PROJECT) SERIES 2012, OF THE CITY
OF IOWA CITY, IOWA; AND SPECIFICALLY (1) DECLARING INTENT TO REIMBURSE
EXPENDITURES FROM PROCEEDS OF SAID BONDS; (2) FIXING A DATE FOR A PUBLIC
HEARING ON THE PROPOSAL TO ISSUE SAID BONDS for March 20,2012;
(3) DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE SAID BONDS; AND
(4) AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT; RES. 12 -71,
SETTING A PUBLIC HEARING ON MARCH 6, 2012 TO DISCUSS THE PROPOSED
OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2012 THROUGH JUNE 30, 2013,
THE PROPOSED THREE -YEAR FINANCIAL PLAN FOR FY2013 - 2015, AND ALSO THE
MULTI -YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2016;
RES. 12 -72, SETTING PUBLIC HEARING FOR MARCH 6, 2012, ON A PROPOSAL TO
CONVEY A SINGLE FAMILY HOME LOCATED AT 320 FAIRCHILD STREET; RES. 12 -73,
SETTING PUBLIC HEARING FOR MARCH 6, 2012, ON A PROPOSAL TO CONVEY A
SINGLE FAMILY HOME LOCATED AT 336 SOUTH GOVERNOR STREET.
Motions: Approve disbursements in the amount of $12,170,288.56 for the period of
January 1 through January 31, 2012, as recommended by the finance director subject to audit.
Correspondence: Letter from Jay Honohan regarding Senior Center Commission Budget
Report [Previously distributed for 1/31 budget session); Sally Bowers regarding 911 N. Governor
St.; Risa Dotson Eicke regarding Broadway St.; Alyssa Clayden regarding Free Bus Ticket
Program; Steven Miller regarding Layoffs, outsourcing; Libris Fidelis regarding What Happens
When Iowa City Sacrifices Humanistic Zoning; Amy Butler regarding Charity Contest for Linda
Severson memorial [staff response included]; Jean Walker (X4) regarding UI Health Care Master
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February 21, 2012
Page 4
Plan as regards the Melrose Neighborhood]; Cody Graham, UISG City Council Liaison regarding
City Code Section 8 -5 -6 amendment; Steve Goetzelman regarding Gilbert St. Road Diet; Jane
A. Messenger regarding Second Request for opinion on two proposed new geographic feature
names, Cardinal Creek and Cardinal Creek South Branch, Johnson County, IA.; Clint R. Cabney
regarding Toxic Fluoride; Robert Sessions regarding Long Term Prosperity; Libris Fidelis
regarding Occupy Iowa City - College Green Park Permit; Corridor Black Business Committee —
FY13 Funding for community events; Johnson County Board of Supervisors regarding New Animal
Shelter.
In response to Council Member Throgmorton, staff will prepare a memo explaining the Midwestern
Disaster Area Revenue Bond procedure.
Bob Opplinger, 1928 Delwood, rep. Bicyclists of Iowa City, requesting Council consider Iowa
City becoming a platinum level bike - friendly community. Orville Townsend, 713 Whiting Ave.,
raised concerns regarding a statement made by a city official in the January 28 Press - Citizen
concerning PCDB Board Member Royceann Porter. Brian Hurley, referenced a letter from Robert
Sessions re Long Term Prosperity and encouraged the community organize around climate
change. Mary Adams, 1172 Hotz Ave., and Oguz Poroy, 36 Highland Dr., appeared re options for
the homeless once Occupy Iowa City is no longer at College Green Park.
Moved by Champion, seconded by Mims, to set a public hearing for March 6 on an ordinance
amending Title 14, Zoning, Article 4E, Nonconforming Situations, regarding the regulation of Non -
Conforming Development.
Moved by Dobyns, seconded by Champion, to set a public hearing for March 20 on an
ordinance amending Title 14, Zoning, Article 9a, General Definitions, changing the definition of
"Household" as it applies in the RM -44, PRM, RNS -20, RM -20, and CO -1 Zones. The following
people appeared: Sarah Clark, Brown St., rep Northside Neighborhood Association; Glenn
Siders, PO Box 1903 rep. Southgate Development and Greater Iowa City Area Homebuilder's
Association; Mark Holtkamp; Clair Sponsler, 413 N. Gilbert St.; Casey Cook, Oak Park Ct.; Sheri
Degraw, rep Joan Jehle, 1100 E. Jefferson St.; Yale Cohn; Anna Buss, 525 W. Benton St.; Jean
Walker, 335 Lucon Dr.; Mike McLaughlin, (C); Mike Wright, 225 N. Lucas St.; T. J. Brandi, 1912
Rochester Ct.; Mike Oliver, Prestige Properties; Nancy Carlson, 1002 E. Jefferson; Leslie
Schwalm, 819 E. Market St.; and Nialle Sylvan, 1722 Morningside Dr. Individual Council Members
expressed their views. PCD Dir. Davidson present for discussion. The Mayor declared the motion
carried, 4/3, with the following division of roll call vote. Ayes: Champion, Mims, Hayek,
Throgmorton. Nays: Dobyns, Payne, Dickens. Absent: None. Moved by Mims, seconded by
Payne to accept correspondence from Karyl Bohnsack, Matt Bruckman, Mark Cannon, Casey
Cook, Pete Davisson, Sheila Davisson, Michael Feiss, Arthur Floss III, Steve Gordon, Lindsay
Hall, Russell Haught, Daniel Knebel, Mary Knudson, Amy Kretkowski, Cecile Kuenzli, Barbara
Latenser, Dan Marine, John Marshall, Jeffrey McGinness, Michael McLaughlin, Chad Mellinger,
Becca Morgan, Jim Muilford, Judith Pascoe, Michael Pugh (2), Tracy Reiten, Thomas Scott,
Glenn Siders, Mike Streb, Robert Till -Retz, Kevin Tompkins, Mike & Le Ann Tyson, Christina
Welu- Reynolds, David Wieseneck, Mike Wright.
The Mayor stated that items 7c and 7d, setting a public hearing for March 20 on an ordinance
amending Title 14, Zoning, Articles 2B and 2C, and Paragraph 14- 4b -4A -7 to establish three as
the maximum number of bedrooms allowed within a multi - family dwelling unit in the Multi - Family
Zones and in Commercial Zones that allow multi - family dwelling units and establish graduated
residential density formulas for multi - family dwellings based on the relative number of bedrooms
per dwelling unit in multi - family zones and in Commercial Zones that allow multi - family dwelling
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February 21, 2012
Page 5
units and setting a public hearing for March 20 on amendments to Title 14, Zoning, Article 5A, Off -
Street Parking and Loading Standards, to increase the number of required parking spaces for
multi - family dwelling units when located within a designated university impact area(UTA), be
withdrawn.
Moved by Champion, seconded by Mims, to set a public hearing for March 6 on an ordinance
rezoning 1.25 acres of land located at 108 McLean Street from Neighborhood Stabilization
Residential (RNS -20) Zone to Planned Development Overlay / Neighborhood Stabilization
Residential (OPD /RNS -20) Zone (REZ12- 00002).
The Mayor stated that Items 7f and 7g, resolution amending the comprehensive plan to
change the land use designation from office commercial to High Density Multi - Family for property
located at 821 E. Jefferson Street and the ordinance rezoning .47 acres of land located at 821
Jefferson Street from Commercial Office CO -1) to High Density Multi - Family Residential (RM -44)
(REZ11- 00018), have been withdrawn at the applicants request.
Council Member Payne left the meeting due to a conflict of interest on the follow item.
Moved by Mims, seconded by Dickens, that ORD. 12 -4463, REZONING 4.3 ACRES LOCATED
AT 1920 PRAIRIE DU CHIEN ROAD FROM LOW DENSITY SINGLE - FAMILY RESIDENTIAL
(RS -5) ZONE TO RURAL RESIDENTIAL (RR1) ZONE (REZ11- 00019), be passed and adopted.
The Mayor asked Council Members to disclose any ex parte communications, and none were
reported. The Mayor declared the ordinance adopted, 6/0/1, Payne abstaining.
Council Member Payne returned.
A public hearing was held on a resolution authorizing conveyance of a single family home
located at 412 Ronalds Street. No one appeared.
Moved by Mims, seconded by Dickens, to adopt RES. 12 -74, AUTHORIZING CONVEYANCE
OF A SINGLE FAMILY HOME LOCATED AT 412 RONALDS STREET.
A public hearing was held on a resolution authorizing conveyance of a single family home
located at 658 South Lucas Street. No one appeared.
Moved by Dobyns, seconded by Payne, to adopt RES. 12 -75, AUTHORIZING CONVEYANCE
OF A SINGLE FAMILY HOME LOCATED AT 658 SOUTH LUCAS STREET.
A public hearing was held on a resolution authorizing conveyance of land east of Sturgis Corner
Drive and west of the Iowa River to Ravi Lodging, Inc. No one appeared.
Moved by Champion, seconded by Dickens, to adopt RES. 12 -76, AUTHORIZING
CONVEYANCE OF LAND EAST OF STURGIS CORNER DRIVE AND WEST OF THE IOWA
RIVER TO RAVI LODGING, INC. In response to Mayor Pro tem Mims, City Atty. Dilkes stated
staff would provide information on the purchase price.
A public hearing was held on a resolution authorizing the Mayor to sign and the City Clerk to
attest a lease between the City of Iowa City and the Iowa Valley Habitat for Humanity for office
and warehouse space at the site commonly known as the East Side Recycling Center. No one
appeared.
Moved by Throgmorton, seconded by Payne, to adopt RES. 12 -77, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE BETWEEN THE CITY OF
IOWA CITY AND THE IOWA VALLEY HABITAT FOR HUMANITY FOR OFFICE AND
WAREHOUSE SPACE AT THE SITE COMMONLY KNOWN AS THE EAST SIDE RECYCLING
CENTER.
A public hearing was held on a resolution authorizing the Mayor to sign and the City Clerk to
attest a lease between the City of Iowa City and the Iowa City Friends of Historic Preservation for
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February 21, 2012
Page 6
warehouse space for the salvage barn at the commonly known as the East Side Recycling Center.
No one appeared.
Moved by Dobyns, seconded by Mims, to adopt RES. 12 -78, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A LEASE BETWEEN THE CITY OF IOWA CITY AND
THE IOWA CITY FRIENDS OF HISTORIC PRESERVATION FOR WAREHOUSE SPACE FOR
THE SALVAGE BARN AT THE COMMONLY KNOWN AS THE EAST SIDE RECYCLING
CENTER.
A public hearing was held on an ordinance amending Title 3, Finances, Taxation and Fees,
Chapter 4, schedule of fees, rates, charges, bonds, fines and penalties, Section 3, Potable Water
Use and Service. No one appeared.
Moved by Mims, seconded by Payne, that the ordinance amending Title 3, Finances, Taxation
and Fees, Chapter 4, schedule of fees, rates, charges, bonds, fines and penalties, Section 3,
Potable Water Use and Service, be given first vote.
Moved by Mims, seconded by Dobyns, to adopt RES. 12 -79, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A LEASE FOR PROPERTY WITH THE JOHNSON
COUNTY AGRICULTURAL ASSOCIATION FOR RENTAL OF THE JOHNSON COUNTY SWINE
BARN AND BUILDING B FOR PURPOSES OF STORAGE OF CITY EQUIPMENT.
Moved by Mims, seconded by Dickens, that the ordinance amending Title 10 of the City Code,
entitled use of Public Ways and Property," Chapter 3, entitled, "Commercial Use of Sidewalks,"
Section 3, entitled "Use for Sidewalk Cafes," to allow planters in lieu of fencing, be given first vote.
PW Dir. Fosse present for discussion.
Moved by Mims, seconded by Dobyns, 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. 12 -4464,
AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 4, ENTITLED
"PARKING REGULATIONS," SECTION 1, ENTITLED "PARKING PROHIBITED IN SPECIFIED
PLACES," TO PROHIBIT PARKING ADJACENT TO A CURB EXTENSION, be voted on for final
passage at this time. Moved by Mims, seconded by Champion, that the ordinance be finally
adopted at this time.
Moved by Champion, seconded by Throgmorton, to adopt ORD. 12 -4465, TO ADOPT THE
CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, 2012, AKA "CITY CODE."
Moved by Mims, seconded by Dickens, that the ordinance providing that general property
taxes levied and collected each year on all property located within the Riverfront Crossings 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 Riverfront Crossings Urban Renewal Plan, be given
first vote. PCD Dir. Davidson Present for discussion.
Moved by Mims, seconded by Dobyns, that ORD. 12 -4466, AMENDING TITLE 9, "MOTOR
VEHICLES AND TRAFFIC," CHAPTER 1, "DEFINITIONS;" AND AMENDING TITLE 9, "MOTOR
VEHICLES AND TRAFFIC," TO ADD A NEW CHAPTER 11, "AUTOMATIC TRAFFIC
ENFORCEMENT," TO ALLOW FOR RED LIGHT AUTOMATED TRAFFIC ENFORCEMENT, be
passed and adopted. The following individuals appeared: Sean Curtin, Muscatine Ave.; Anna
Buss, 525 W. Benton St.; Charles Eicher, (C); Martha Hampel, Oakcrest St.; Aaron Garrett, (North
Liberty); Ed Walters, 110 S. First Ave.; and Roger Knight. Individual Council Members expressed
Complete Description
February 21, 2012
Page 7
their views. The Mayor declared the ordinance adopted, 4/3, with the following division of roll call
vote. Ayes: Dickens, Dobyns, Hayek, Mims. Nays: Payne, Throgmorton, Champion. Absent:
None. Moved by Mims, seconded by Dobyns to accept correspondence from Jim Throgmorton,
Greg Graham, Muriel Naumann, Mark Rushton, James Walker, Sam Osborne, Elnora Smith,
Timothy Stalter, Judy Pfohl (2), Brian Ceccarelli, Nelson Moyer, Susan Enzle, Jill Butler.
Moved by Payne, seconded by Dobyns, to adopt RES. 12 -80, AMENDING THE BUDGETED
POSITIONS IN THE TRANSPORTATION SERVICES DEPARTMENT AND THE AFSCME PAY
PLAN BY RECLASSIFYING THE PARKING CLERK POSITION, AFSCME GRADE 4, TO
CUSTOMER SERVICE REPRESENTATIVE - PARKING, AFSCME GRADE 7.
Moved by Mims, seconded by Payne, to adopt RES. 12 -81, AWARDING CONTRACT to Apex
Construction Company, Inc. for $88,762.00 AND AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE NORTH
MARKET SQUARE PARK PAVILION PROJECT.
Moved by Champion, seconded by Payne, to adopt RES. 12 -82, AWARDING CONTRACT
AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR CONSTRUCTION OF THE HIGHWAY 218 AND MELROSE AVENUE TRAFFIC
SIGNALIZATION PROJECT.
Moved by Mims, seconded by Payne, to adopt RES. 12 -83, ALLOCATING HUMAN
SERVICES AID TO AGENCIES FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2013.
Moved by Mims, seconded by Throgmorton, to accept correspondence from Lynette Jacoby,
Sarah Bhakta. Transportation Planner & MPO Ex. Dir. Yapp present for discussion. Individual
Council Members expressed their views.
The Mayor noted previously vacancies to Boards and Commissions: Airport Commission for a
four -year term March 1, 2012 - March 1, 2016; Airport Commission for an unexpired term,
effective upon appointment - March 1, 2014; Airport Zoning Brd of Adjustment - for a five -year
term January 1, 2012 - December 31, 2016; 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,
2010 - December 31, 2015; Airport Zoning Commission for a six -year term January 1, 2012 -
December 31, 2017; Housing & Community Development Commission for an unexpired term,
effective upon appointment - September 1, 2014. Applications must be received by 5:00 p.m.,
Wednesday, February 29, 2012.
The Mayor noted the current vacancies: Planning & Zoning Commission for a five -year term
May 1, 2012 - May 1, 2017. Applications must be received by 5:00 p.m., Wednesday, March 28,
2012. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications
are stated. [Staff will not publish additional notices after a period of six publications; but will
continue to advertise vacancies with postings and on the Council agenda. However, no additional
publication costs will be incurred.]
Moved by Payne, seconded by Dobyns, to appoint Scott McDonough, 10 Bella Vista Place, to
the Board of Appeals for a five -year term January 1, 2012 - December 31, 2016, for a qualified
trade representative; re- appoint the following to Historic Preservation Commission - Frank
Wagner, 1724 Muscatine Ave., for At -large representative, Pam Michaud, 109 S. Johnson St., for
College Green representative, Esther Baker, 1022 E. College St., Ginalee Swaim for Woodlawn
representative, for four vacancies for three -year terms March 29, 2012 - March 29, 2015; appoint
Nicholas Kilburg, 915 Oakcrest #19, to the Telecommunications Commission for an unexpired
term, effective upon appointment - March 13, 2014; re- appoint Laura Bergus, 2231 California
Avenue and appoint Matthew Butler, 2602 Friendship, to the Telecommunications Commission for
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February 21, 2012
Page 8
two vacancies to fill three -year terms March 13, 2012 — March 13, 2015; appoint Edgar Thornton,
631 Scott Park Drive, to the Youth Advisory Commission for a two -year term January 1, 2012 —
December 31, 2013.
The Mayor noted that no applications were received or gender balance requirements met for
the Board of Adjustment for an unexpired term, effective upon appointment, ending January 1,
2014 and Youth Advisory Commission for Tate High for a two -year term January 1, 2011 —
December 31, 2012, both will be readvertised.
Council Member Mims asked staff to consider three things during the zoning discussions: too
easy to get demolition permits, explore providing incentives to retain building; explore additional
review or oversight when 2 -3 adjacent properties (with smaller structures) are combined in order
to create one large structure; and further promotion to encourage good landlords, leverage to
ensure good judgment. Council Member Mims noted previous discussion re the requirement to
clear the full 8 feet of a sidewalk as opposed to just 4 -5 feet in a snow emergency, and requested
the item be scheduled for a Council session. Majority agreed to schedule.
Moved by Dobyns, seconded by Payne to adjourn back to work session at 10:25 .p.m.
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk