HomeMy WebLinkAbout2012-03-20 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 20, 2012
Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Pro tem Susan Mims
presiding. Council Members present: Champion, Dickens, Dobyns, Mims, Payne, Throgmorton.
Absent: Hayek. Staff members present: Markus, Fruin, Bentley, Andrew, Dilkes, Karr, Miklo,
Howard, Rummel, O'Brien, Davidson, Fosse.
The Mayor Pro tem proclaimed Outstanding Student Citizenship Awards to Lemme Elementary
students: Isaac Bills, Rachel Strang, and Luke Wright.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Champion, seconded by Dobyns, 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:
March 6 Council Work Session; March 6 Special Council Formal Official and Complete; March
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): Historic Preservation
Commission — February 9, 2012; Housing and Community Development Commission —
February 16, 2012; Planning & Zoning Commission — February 16, 2012; Public Art Advisory
Committee — December 1, 2011.
Permit Motions and Resolutions as Recommended by the City Clerk ( Renewal): Class C
Liquor License for Caliente Night Club, Inc., dba Caliente Night Club, Inc., 171 Hwy. 1 West;
Class C Liquor License for Iowa City Lodge #590 B.P.O. Elks of U.S.A., dba B.P.O. Elks #590,
637 Foster Road; Class C Liquor License for Sultana, Inc., dba El Dorado Mexican Restaurant,
1634 Sycamore St.; Special Class C Beer Permit for Suburban Investors, LLC, dba Suburban
BP AMOCO - Keokuk Street, 1905 Keokuk St.; Class C Liquor License for The Bandits, LLC,
dba El Banditos, 327 E. Market St.; Class C Liquor License for Iowa City Eastside Cafe, Inc.,
dba Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St.; Outdoor Service Area for Iowa City
Eastside Cafe, Inc., dba Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St.; RES. 12 -107,
ISSUE DANCING PERMIT for Caliente Night Club, Inc., dba Caliente Night Club, Inc., 171
Hwy. 1 West.
Resolutions: RES. 12 -108, APPROVING RECEIPT OF TRAFFIC SAFETY
IMPROVEMENT PROGRAM (TSIP) FUNDS FOR PEDESTRIAN TRAFFIC CONTROL
DEVICES ON HIGHWAY 6 AND MELROSE AVENUE; RES. 12 -109, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DONATION AGREEMENTS OF
"BOOKMARK" SCULPTURES UPON THE RECOMMENDATION OF THE PUBLIC ART
ADVISORY COMMITTEE; RES. 12 -110, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY
USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER
MOKA JAVA LLC, AND TENANT IOWA CITY COFFEE COMPANY D /B /A JAVA HOUSE,
FOR A SIDEWALK CAFE; RES. 12 -111, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY
USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER
MARC MOEN, AND TENANT GRAZE IOWA CITY LLC D /B /A GRAZE, FOR A SIDEWALK
CAFE; RES. 12 -112, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC
Complete Description
March 20, 2012
Page 2
RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER AMBROSE
PROPERTIES, LC, AND TENANT CAFFREY, INC. D /B /A DC'S, FOR A SIDEWALK CAFE;
RES. 12 -113, 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 225 HUNTINGTON
DRIVE, IOWA CITY, IOWA; RES. 12 -114, 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
35 THISTLE COURT, IOWA CITY, IOWA.
Setting Public Hearings: Set a public hearing for the April 17, 2012 City Council meeting
regarding the Iowa Department of Transportation Consolidated Transit Funding application for
Iowa City Transit; RES. 12 -115, SETTING A PUBLIC HEARING ON APRIL 3, 2012, ON
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE IOWA CITY INDUSTRIAL CAMPUS RAILROAD
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 -116, SETTING A PUBLIC HEARING ON APRIL 3,
2012, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST
FOR THE CONSTRUCTION OF THE LOWER MUSCATINE ROAD RECONSTRUCTION
PROJECT (KIRKWOOD AVE. TO 1ST AVE.), 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 -117, SETTING A PUBLIC
HEARING FOR MAY 15, 2012, FOR THE IOWA CITY HOUSING AUTHORITY'S ANNUAL
PLAN FOR FISCAL YEAR 2012 AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF
SAID HEARING.
Motions: Approve disbursements in the amount of $10,604,614.20 for the period of
February 1 through February 29, 2012, as recommended by the Finance Director subject to
audit.
Correspondence: Memo from City Engr. regarding Competitive Quotation Results; Traffic
Engineering Planner regarding Installation of (2) NO PARKING BETWEEN SIGNS with
supplemental arrows on the east side of Bartelt Road to the north and south of the transit stop;
Traffic Engineering Planner regarding Installation of NO PARKING ANY TIME signs on the east
side of Algonquin Road; Traffic Engineering Planner regarding Installation of COMMERCIAL
LOADING ZONE 30 MINUTE LIMIT 8 AM — 5 PM 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; The Rev. Robert Dotzel regarding Sanctuary City;
Bruce Maurer regarding Parking fines [Staff response included]; Tony Barrino regarding
Trillionaire Communications; Steve Cooper regarding Pay Day Lenders; Michael Finlayson
regarding Pay Day Loan Ordinance; Kristin Sturdevant regarding S. Dodge St. & Bowery
Intersection [Staff response included]; Anna Buss, A.B. Property Management & Sales
regarding Fire Department Fees; Dorsey Phelps regarding New Pioneer Plans for Moving and
Expansion [Mayor response included]; Rod Sullivan regarding Animal Shelter Services.
Moved by Champion, seconded by Dickens, to set a public hearing for April 3 on an ordinance
designating 1.25 -acres of land located at 108 McLean Street as an Iowa City Historic Landmark
(REZ12- 00004).
Complete Description
March 20, 2012
Page 3
A public hearing was held on an ordinance amending the Planned Development Overlay Plan
and Sensitive Areas Development Plan for the Peninsula Neighborhood Phases 3, 4 and 5 located
on Foster Road (REZ11- 00017). No one appeared.
Moved by Dickens, seconded by Payne, that the ordinance to amend the Planned Development
Overlay Plan, the Peninsula Neighborhood Code, and Sensitive Areas Development Plan for the
Peninsula Neighborhood Phases 3, 4 and 5 located on Foster Road (REZ11- 00017), be given first
vote.
A public hearing was held 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. No one appeared.
Moved by Dobyns, seconded by Champion, that the 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, be given
first vote.
A public hearing was held 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. City Atty. Dilkes stated the item did not require ex parte disclosures. Planner
Howard presented a power point. Individual Council Members expressed their views. The
following individuals appeared: Tom Mentz, 419 Park; Sarah Clark, 509 Brown St.; Wally
Plahutnik, 430 N. Gilbert St.; Chris Welu- Reynolds, 619 Brown St.; Jennifer Baum, 814 Dewey St.;
Julie Myers; Jean Walker, 335 Lucon Dr.; Glenn Siders, Greater Iowa City Homebuilders
Association; Nancy Carlson, 1002 E. Jefferson St.; Sally Bowers, 931 N. Summit St.; Pam
Michaud; Mike McLaughlin; Darlene Clausen, 508 E. Bloomington St.; and Roger Knight. Moved
by Throgmorton, seconded by Dickens, to accept correspondence from Julie Jones, Jack and
Michaelanne Widness, Mike McLaughlin (2), Greg Allen (2), Tom Baldridge, Dhyana Kaufman,
David Kacena, Nialle Sylvan, John Taylor, and 189 Protest of Rezoning signatures.
Moved by Payne, seconded by Dickens, to defer to April 3 the first vote on 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. Sr. Planner Miklo present for
discussion. Individual Council Members expressed their views.
Moved by Champion, seconded by Dickens, that the ordinance amending Title 14, Zoning,
Article 4E, Nonconforming Situations, regarding the regulation of non - conforming development, be
given second vote.
Moved by Champion, seconded by Throgmorton, that the 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 -4467, REZONING 1.25 ACRES OF LAND LOCATED AT 108 MCLEAN STREET
FROM NEIGHBORHOOD STABILIZATION RESIDENTIAL ZONE (RNS -20) TO PLANNED
DEVELOPMENT OVERLAY / NEIGHBORHOOD STABILIZATION (OPD /RNS -20) (REZ12-
00002), be voted on for final passage at this time. The Mayor Pro tem requested any ex parte
communications and none were reported. Moved by Champion, seconded by Dickens, that the
ordinance be finally adopted at this time. Moved by Dickens, seconded by Payne, to accept
correspondence from John Beasley.
Moved by Dickens, seconded by Payne, to adopt RES. 12 -118, APPROVING THE FINAL
PLAT OF THE PATEL ADDITION, IOWA CITY, IOWA (SUB11- 00016).
Complete Description
March 20, 2012
Page 4
A public hearing was held on a resolution approving proceeding with the issuance and sale of
not to exceed $5,376,250 aggregate principal amount of Midwestern Disaster Area Revenue
Bonds (Iowa Cancer Cure Project) Series 2012, of the City of Iowa City, Iowa, and related
matters. No one appeared.
Moved by Champion, seconded by Dobyns, to adopt RES. 12 -119, APPROVING
PROCEEDING WITH THE ISSUANCE AND SALE OF NOT TO EXCEED $5,376,250
AGGREGATE PRINCIPAL AMOUNT OF MIDWESTERN DISASTER AREA REVENUE BONDS
(IOWA CANCER CURE PROJECT) SERIES 2012, OF THE CITY OF IOWA CITY, IOWA, AND
RELATED MATTERS.
A public hearing was held 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. No one appeared.
Moved by Payne, seconded by Throgmorton, that the 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, be given first vote.
Moved by Throgmorton, seconded by Champion, that the rule requiring ordinances to be
considered and voted on for final passage at two Council meetings prior to the meeting at which it
is to be finally passed be suspended, the second consideration and vote be waived, and that
ORD. 12 -4468, 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 voted on for final passage at
this time. Moved by Throgmorton, seconded by Dickens, that the ordinance be finally adopted at
this time.
Moved by Champion, 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 7, Public Transportation to amend fees, be given second vote.
Moved by Champion, seconded by Dickens, that ORD. 12 -4469, 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
passed and adopted.
Moved by Payne, seconded by Dickens, that ORD. 12 -4470, 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 passed and adopted.
Moved by Payne, seconded by Dobyns, to adopt RES. 12 -120, CHANGING THE NAME OF
THE RIVERFRONT CROSSINGS URBAN RENEWAL PLAN AND URBAN RENEWAL AREA TO
THE RIVERSIDE DRIVE URBAN RENEWAL PLAN AND URBAN RENEWAL AREA.
Moved by Payne, seconded by Dickens, that ORD. 12 -4471, PROVIDING THAT GENERAL
PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED
WITHIN THE RIVERFRONT CROSSINGS URBAN RENEWAL AREA N /K/A RIVERSIDE DRIVE
URBAN RENEAL AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF
Complete Description
March 20, 2012
Page 5
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 N /K/A RIVERSIDE DRIVE
URBAN RENEWAL PLAN, be passed and adopted. The Mayor Pro tem declared the ordinance
adopted, 5/1, with the following division of roll call vote. Ayes: Payne, Champion, Dickens,
Dobyns, Mims. Nays: Throgmorton. Absent: Hayek.
Moved by Throgmorton, seconded by Dickens, to defer to April 3 the resolution of intent to
budget annual funding for Iowa City Area Development Group for the five fiscal years 2013 through
2017 and for additional funding of the Co -Lab Initiative.
Moved by Dickens, seconded by Champion, to adopt RES. 12 -121, ACCEPTING THE
DEDICATION OF OUTLOT B TO THE CITY OF IOWA CITY AS PLATTED IN MACKINAW
VILLAGE, PART TWO, IOWA CITY, IOWA.
Moved by Champion, seconded by Dobyns, to adopt RES. 12 -122, AUTHORIZING THE
ACQUISITION OF PROPERTY LOCALLY KNOWN AS 2538 NEVADA AVENUE, WHICH IS A
PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE NUISANCE. Individual Council
Members expressed their views. Moved by Throgmorton, seconded by Payne, to accept
correspondence from Atty. R. Bradley Skinner.
Moved by Dobyns, seconded by Payne, to adopt RES. 12 -123, AUTHORIZING THE CITY
MANAGER AND MAYOR TO ACQUIRE AND REHABILITATE HOMES FOR THE UNIVERCITY
NEIGHBORHOOD PARTNERSHIP PROGRAM.
A hearing was held on appeal of denial of application for permit to operate a mobile vending
unit on City Plaza or Iowa Avenue. Adm. Asst. Bentley presented information. Applicant Anthony
Brown appeared. Individual Council Members expressed their views, and noted correspondence
from Anthony Browne.
Moved by Dobyns, seconded by Champion, to affirm the City Manager's decision on appeal of
denial of application for permit to operate a mobile vending unit on city plaza or Iowa Avenue. The
Mayor Pro tem declared the motion carried, 5/1, with the following division of roll call vote. Ayes:
Mims, Payne, Champion, Dickens, Dobyns. Nays: Throgmorton. Absent: Hayek.
The Mayor Pro tem noted the previously announced vacancies for Boards and Commissions:
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 (New full term); 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. Metropolitan Planning Organization (MPO-
formerly JCCOG) Community Climate Action Taskforce (formerly Cool Cities Taskforce) for At-
Large /Public vacancy to fill a one -year term, effective upon appointment, ending March 2013.
Applications must be received by 5:00 p.m., Wednesday, April 11, 2012.
The Mayor Pro tem noted 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 a Tate High representative for a two -year term January
1, 2011 — December 31, 2012, and will be readvertised. Applicants MUST reside in Iowa City and
Complete Description
March 20, 2012
Page 6
be 18 years of age unless specific qualifications are stated. [Staff will not publish additional
notices after a period of six publications; but will continue to advertise vacancies with postings and
on the Council agenda. However, no additional publication costs will be incurred.]
Council Member Dobyns congratulated Mayor Pro tem Mims on stepping in for the Mayor who
was ill for the meeting.
Council Member Throgmorton reported on his listening posts meets in various parts of the City,
noting one on at Fairgrounds, on March 23.
Moved by Payne, seconded by Dobyns, to adjourn regular meeting at 8:55 p.m.
4 usan Mims, ayor Pro tem
Marian K. Karr, City Clerk
��- 1
.. ®1r CITY OF IOWA CITY 03 -20 -12
3a(1)
MEMORANDUM
Date: March 6, 2012
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, March 6, 2012, 5:47 PM in Emma J. Harvat Hall
Council: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton
UISG: Graham
Staff: Markus, Fruin, Dilkes, Karr, Bentley, Andrew, Davidson, O'Brien, Moran, Fosse,
Havel, Panos
(A complete transcription is available in the City Clerk's Office and the City website)
COUNCIL APPOINTMENTS
Airport Commission — reappoint Joe Assouline
Airport Commission — re- advertise
Airport Zoning Board of Adjustment — re- advertise
Airport Zoning Board of Adjustment — re- advertise
Airport Zoning Commission — re- advertise
Airport Zoning Commission — re- advertise
Housing & Community Development — Jim Jacobson
PLANNING & ZONING ITEMS
PCD Dir. Davidson presented information on the following items:
# 5c. AMENDING TITLE 14, ZONING, ARTICLE 4E, NONCONFORMING SITUATIONS,
REGARDING THE REGULATION OF NON - CONFORMING DEVELOPMENT.
In response to Mayor Hayek, PCD Davidson stated he would report the building and community
input received at the formal meeting.
# 5e. APPROVING THE FINAL PLAT OF MACKINAW VILLAGE PART 4, IOWA CITY,
IOWA. (SUB11- 00018)
# 5f. APPROVING THE FINAL PLAT OF BROOKWOOD POINTE SECOND ADDITION,
IOWA CITY, IOWA. (SUB12 -0002)
AGENDA ITEMS
1. (Consent Calendar # 3b(6) — Planning & Zoning Commission minutes — December 15,
2011) City Council Member Payne noted the minutes showed 7 Members present but the
vote read 6/0. City Clerk Karr will follow up.
2. (Consent Calendar # 3e(1) — setting public hearing ... ordinance .... Stormwater utility fee ...
storm water collection, discharge, and runoff ....) In response to Council Member
Council Work Session
March 6, 2012
Page 2
Throgmorton, City Clerk Karr and City Atty. Dilkes stated hearings are routinely set on the
Consent Calendar with the exception of planning and zoning items.
3. (Item # 22d — MPO ... Climate Action Taskforce) In response to Council Member
Throgmorton, City Clerk Karr clarified the announcement and stated it was one City
appointment to an MPO Taskforce.
4. (Item # 5d — rezoning ... 108 McLean Street ...) In response to Council Member Payne, City
Attorney Dilkes stated that all rezonings are discussed as part of the formal meeting, noting
the language on the agenda items preceding all Planning items. City Atty. Dilkes will
provide a better explanation on future agendas.
5. (Consent Calendar — letters from high school students) Council Member Dobyns stated he
would like to involve the Youth Advisory Commission members in working with peer groups
in their schools.
PAYDAY LENDING REGULATION DISCUSSION [IP #41
City Atty. Dilkes facilitated discussion. After discussion a majority agreed to forward the matter
to the Planning & Zoning Commission for a recommendation.
STAFF ACTION: Send to Planning & Zoning for a recommendation back to Council.
( Dilkes)
INFORMATION PACKET DISCUSSION [March 1]
1. (IP16 —Memo from City Clerk)) Mayor Hayek noted the updated KXIC radio schedule.
2. (IP15 —Memo from City Clerk re Yemini Visitors) Council Members Throgmorton and
Payne stated their interest to meet with the visitors.
3. (IP14 — Memo from City Clerk re delivery of Council electronic packets) City Clerk Karr
reviewed the Council direction provided at the orientation the end of November to pursue
electronic packets, and the request to provide information on city owned equipment
versus privately owned for use by Council Members. In addition Karr noted a number of
changes made in formatting and bookmarking the agenda. Majority agreed to have staff
pursue resolution regarding reimbursement and paperwork necessary for individual
Members to consider city owned or privately owned.
4. (11311 — Memo form Adm. Asst. re access to city services) In response to Council
Member Throgmorton, Asst. to the City Mgr. Fruin and Adm. Asst. Bentley reported the
memo had been sent to the Human Rights Commission for their input and sharing with
other groups as they determine.
5. (IP7 -10 — letters re Animal Shelter) City Manager Markus reported he would be meeting
with the Johnson County Board of Supervisors on Friday morning; and provided an
update on funding.
COUNCIL TIME
1. Council Member Champion distributed copies of a proposal for a sidewalk cafe from Basta
on Iowa Avenue and requested the item be placed on the next agenda. Staff will provide a
memo regarding the issues prior to the discussion.
Council Work Session
March 6, 2012
Page 3
:34�(% )
* Revised 3/19/12
2. Council Member Champion noted her frustration, and that of the Criminal Justice
Coordinating Committee, with the decision from the Johnson County Board of Supervisors
to put the criminal justice center building on hold; and stated she would be going to the
Board of Supervisors meeting on Wednesday and was prepared to resign from the
coordinating committee unless a decision is made.
3. *Council Member Throgmorton introduced Michael Bourk, a visiting professor from the
University of Otago, New Zealand.
4. Council Member Payne reported on attending the Johnson County Emergency
Management meeting and said there was currently no 28E agreement with Iowa County for
hazmat cleanup and that requests must come through Des Moines to ensure payment in the
future; and that sirens would now be sounded with severe thunderstorm warnings with winds
75 mph or greater and /or one inch gold ball sized hail. Updated information will be provided
on the City website.
5. Council Member Dickens said he would be providing further information on the Hospice
fundraiser at the formal meeting.
6. Council Member Champion thanked staff for their handing of the Occupy Iowa City matter.
ITEMS FOR JOINT MEETING [IP #5]
No items were identified for inclusion on the agenda.
PENDING WORK SESSION TOPICS [IP #6]
Council agreed to place discussion of Police Citizens Review procedures and its name on the
pending list for summer (after the May 9 forum).
MEETING SCHEDULE
No discussion.
UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS
No discussion.
Meeting adjourned 6:45 PM.
Council Work Session
March 6, 2012
Page 3
2. ouncil Member Champion noted her frustration, and that of the Criminal Justice
C rdinating Committee, with the decision from the Johnson County Board of Supervisors
to p the criminal justice center building on hold; and stated she would be going to the
Board Supervisors meeting on Wednesday and was prepared to resig7fm the
coordina q committee unless a decision is made.
3. Council Meml%kr Throgmorton introduced Michael Burke, a visiting pr essor from the
University of Ot o, New Zealand.
4. Council Member ayne reported on attending the J nson County Emergency
Management meeting d said there was currently no 28E reement with Iowa County for
hazmat cleanup and that quests must come through De oines to ensure payment in the
future; and that sirens woul ow be sounded with sever thunderstorm warnings with winds
75 mph or greater and /or one i h gold ball sized hail. pdated information will be provided
on the City website.
5. Council Member Dickens said he wood be pro iding further information on the Hospice
fundraiser at the formal meeting.
6. Council Member Champion thanked staff for 'r handing of the Occupy Iowa City matter.
ITEMS FOR JOINT MEETING [IP #5]
No items were identified for inclusion on th agenda.
PENDING WORK SESSION TOPICS [I #61
Council agreed to place discussion of olice Citizens Review pr edures and its name on the
pending list for summer (after the M 9 forum).
MEETING SCHEDULE
No discussion.
ITY EVENTS /COU
No discussion.
Meeting adjourned f`.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 — 3/6/12
Iowa City City Council special meeting, 5:30 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton. Absent: None.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved and seconded to adjourn to executive session to discuss the purchase of
particular real estate only where premature disclosure could be reasonably expected to
increase the price the governmental body would have to pay for that property. The
minutes and the tape recording of a session closed under this paragraph (real estate)
shall be available for public examination when the transaction discussed is completed.
The Mayor declared the motion carried and adjourned into executive session.
Moved and seconded to adjourn special meeting 5:47 p.m.
A more complete description of Council Activities is on file in the office of the City
Clerk.
s /Matthew J. Hayek, Mayor
s /Marian K. Karr, City Clerk Aa44 � a •
Submitted for publication — 3/13/12.
=(3�)
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 — 3/6/12
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 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 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:
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 Noodles & Company, 201 S. Clinton St.; Outdoor Service
Area for Noodles & Company, 201 S. Clinton St.; Renewal: Class C Liquor License for
Donnelly's Pub, 110 E. College St.; Class C Liquor License for Oyama Sushi, 1853 Lower
Muscatine Rd.; Class C Liquor License for Formosa, 221 E. College St.; Special Class C
Liquor License for Thai Flavors, 340 E. Burlington St.; Class C Liquor License for 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
AND TRUST, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 2132 HOLLYWOOD
BLVD., IOWA CITY, IOWA; RES. 12 -90, AUTHORIZING THE MAYOR TO SIGN AND THE
Official Actions
March 6, 2012
Page 2
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
following individuals appeared re payday lenders: Sarah Clark, 509 Brown St.; Mauro Heck, 1
Joyfield Lane; and Helene Hembreiker.
Official Actions
March 6, 2012
Page 3
Moved and seconded 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. (REZ11- 00017).
Moved and seconded 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.
Moved and seconded 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). Atty. John
Beasley appeared representing Parish Apartments.
Moved and seconded 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 and seconded to adopt RES. 12 -94, APPROVING THE FINAL PLAT OF MACKINAW
VILLAGE PART FOUR, IOWA CITY, IOWA (SUB11- 00018).
Moved and seconded 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.
Moved and seconded 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.
Moved and seconded 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.
Moved and seconded 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 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.
Moved and seconded 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.
Official Actions
March 6, 2012
Page 4
A public hearing was held on a resolution approving plans, specifications, form of contract, and
estimate of cost for the construction of the 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.
Moved and seconded 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.
Moved and seconded to adopt RES. 12 -101, ADOPTING THE ANNUAL BUDGET FOR THE
FISCAL YEAR ENDING JUNE 30, 2013.
Moved and seconded to adopt RES. 12 -102, APPROVING THE THREE -YEAR FINANCIAL
PLAN AND FIVE -YEAR CAPITAL IMPROVEMENTS PROGRAM
Moved and seconded 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.
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 7, Public
Transportation to amend fees, be given first vote.
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 second vote.
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 second vote.
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 second vote. Charles
Eicher appeared. The Mayor declared the motion carried.
Moved and seconded 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 and seconded 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 and seconded 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
Official Actions
March 6, 2012
Page 5
ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY
DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
Moved and seconded 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.
Moved and seconded 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.
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 and seconded 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 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.
Moved and seconded to adjourn regular meeting at 8:15 p.m.
A more complete description of Council Activities is on file in the office of the City Clerk.
s /Matthew J. Hayek, Mayor
s /Marian K. Karr, City Clerk
&% e
Submitted for publication - 3/14/12. A
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
MARCH 6, 2012
Iowa City City Council special meeting, 5:30 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, Boothroy, Moran, Panos, O'Brien, Fosse, Havel, Davidson.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Dickens, seconded by Champion, to adjourn to executive session to
discuss the purchase of particular real estate only where premature disclosure could be
reasonably expected to increase the price the governmental body would have to pay for
that property. The minutes and the tape recording of a session closed under this
paragraph (real estate) shall be available for public examination when the transaction
discussed is completed. The Mayor declared the motion carried and adjourned into
executive session 5:31 p.m.
Council returned to open session 5:46 p.m.
Moved by Payne, seconded by Dickens, to adjourn special meeting 5:47 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
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
Complete Description
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
Complete Description
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. (REZ11- 00017).
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
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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
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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
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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.
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk