HomeMy WebLinkAbout2012-04-17 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
APRIL 17, 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, O'Brien, Moran, Bentley, Andrew, Davidson, Hegwood, Howard, Miklo, Boelk,
Slattery, O'Malley.
The Mayor proclaimed Arbor Day — April 27, Mike Moran, Parks and Recreation
Director accepting; Week of the Young Child — April 22 -28, Susan Gray, 4C's accepting.
The Mayor stated that Outstanding Student Citizenship Awards for Grant Wood
Elementary students will be rescheduled.
The Youth Advisory Commission Recognition Grant Awards were presented to:
Matilda Mackey and Eleanor Mildenstein. Youth Commission Member Leah Murray and
Edgar Thornton present.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Throgmorton, seconded by Dickens, 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: April 3 Special Council Formal Official and Complete; April 3 Council Work
Session; April 3 Regular Council Formal Official and Complete.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action). Board of
Adjustment — February 8; Civil Service Commission — March 27; Planning & Zoning
Commission — March 15.
Permit Motions and Resolutions as Recommended by the City Clerk.
(Renewal) Class C Liquor License for First Avenue Productions, Inc., dba First
Avenue Club, 1550 S. First Ave.; Class C Beer Permit for KLB Bauer, Inc., dba
Gasby's #1, 1310 S. Gilbert St.; Class C Beer Permit for KLB Bauer, Inc., dba
Gasby's #4, 2303 Muscatine Ave.; Class C Beer Permit for ND Express, Inc., dba
North Dodge Sinclair, 2153 ACT Circle; Class A Liquor License for Iowa City Lodge
#1096 Loyal Order of Moose, dba Loyal Order of Moose Lodge #1096, 3151 Hwy 6
E.; Class C Liquor License for Kennedy Investments, Inc., dba Vine Tavern &
Eatery, 330 E. Prentiss St.; Class C Liquor License for Sam's Pizza IC, Inc., dba
Sam's Pizza IC, Inc., dba 441 S. Gilbert St. RES. 12 -158, TO ISSUE DANCING
PERMIT to First Avenue Productions, Inc., dba First Avenue Club, 1550 S. First Ave.
and Iowa City Lodge #1096 Loyal Order of Moose, dba Loyal Order of Moose
Lodge #1096, 3151 Hwy 6 E.
Resolutions: RES. 12 -159, AUTHORIZING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN
THE CITY OF IOWA CITY AND MIDWESTONE BANK FOR PROPERTY LOCATED
AT 1702 GRYN DRIVE; RES. 12 -160, AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST A TWO -MONTH EXTENSION OF THE
AGREEMENT WITH PUBLIC ACCESS TELEVISION, INC. RES. 12 -161,
ACCEPTING PAYMENT OF A $300 CIVIL PENALTY AND WAIVER OF RIGHT TO
HEARING FROM WALGREENS 507; RES. 12 -162, 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 COMPANY, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 2813
Complete Description
April 17, 2012
Page 2
FRIENDSHIP STREET, IOWA CITY, IOWA; RES. 12 -163, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA
COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT
1112 WYLDE GREEN ROAD, IOWA CITY, IOWA; RES. 12 -164, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 2001 SHERMAN DRIVE, IOWA CITY, IOWA; RES. 12-
165, ACCEPTING THE WORK FOR THE CDBG DEMOLITIONS PROJECT -
CONTRACT #3; RES. 12 -166, ACCEPTING THE WORK FOR THE CDG
DEMOLITIONS PROJECT - CONTRACT #3; RES. 12 -167, 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 THREE GUYS HOLDINGS
LLP, AND TENANT CORNER OF THE MEADOW, INC., D /B /A MOTLEY COW
CAFE, FOR A SIDEWALK CAFE; RES. 12 -168, 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 THREE GUYS HOLDINGS, LLP, AND
TENANT THAI SPICE INC. D /B /A THAI SPICE CAFE, FOR A SIDEWALK CAFE;
RES. 12 -169, 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 JOAN GILPIN REV. TRUST, AND TENANT 2 -TONE, INC. D /B /A
BLUE BIRD DINER, FOR A SIDEWALK CAFE; RES. 12 -170, 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 DLSIC LC, AND TENANT
MORROWCO LLC D /B /A PITA PIT, FOR A SIDEWALK CAFE.
Setting Public Hearings: Set a public hearing for May 15, 2012 regarding Iowa
City's FY13 Annual Action Plan, that is a sub -part of Iowa City's 2011 -2015
Consolidated Plan (a.k.a. City Steps); RES. 12 -171, SETTING A PUBLIC HEARING
ON MAY 1, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRE AND POLICE
DEPARTMENT INTERIOR REMODELING PROJECT 2012, DIRECTING CITY
CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY
ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES.
12 -172, SETTING A PUBLIC HEARING FOR MAY 1, 2012 TO APPROVE A
PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ROBERT
AND DORIS SWARTZENDRUBER FOR AUDITOR'S PARCEL 2011092,
CONSISTING OF APPROXIMATELY .99 ACRES, LOCATED IMMEDIATELY TO
THE SOUTH OF THEIR HOME, ADJACENT TO THE IOWA CITY LANDFILL, AND
TO CONSIDER A PROPOSAL TO CONVEY SAID PROPERTY; RES. 12 -173, OF
INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF A CONCRETE
FLUME DRAINAGE EASEMENT IN THE VACATED ALLEY ADJACENT TO LOTS
10 AND 11, MANVILLE HEIGHTS ADDITION, IOWA CITY, IOWA, AND SETTING A
PUBLIC HEARING ON SAID PROPOSED CONVEYANCE FOR MAY 1, 2012.
Complete Description
April 17, 2012
Page 3
Revised 4/26/12
Correspondence: Traffic Engineering Planner Installation of one (1) HANDICAP
PARKING space on the north side of G Street, adjacent to the 1906 G Street
property; City Engineer regarding Competitive Quotation Results — Court Hills Park
Public Restroom Building; Ann Campbell regarding Suggested savings on newspaper
publication costs [Staff response included]; Mari (Martha) Struxness regarding City
Council Noise Complaint; Dorothy Whiston regarding Resolution Before Council re.
Trayvon Martin.
Mari Struxness, 320 E. Washington St. presented a petition regarding noise pollution
in the downtown area. Moved by Mims, seconded by Champion, to accept the petition.
Coalition for Racial Justice members Dorothy Whiston, Charlie Eastham, Diane
Finnerty, and Royceann Porter appeared regarding the proposed resolution concerning
Trayvon Martin, and updated Council on upcoming events in the community.
Moved by Mims, seconded by Dobyns, to set a public hearing for May 1 on an
ordinance vacating .27 -acres of street right -of -way adjacent to lots 1 -8 Melrose Place.
(VAC12- 00001/ University of Iowa Hospitals).
A public hearing was held on an ordinance rezoning approximately 2.43 acres of
land from Intensive Commercial (CI -1) to Community Commercial (CC -2) for properties
located east of West Side Drive and north of Mormon Trek Boulevard near its
intersection with Highway 1 West (REZ12 -00003 / McDonald's). PCD Dir. Davidson
presented a power point.
Moved by Dobyns, seconded by Mims, that the ordinance rezoning approximately
2.43 acres of land from Intensive Commercial (CI -1) to Community Commercial (CC -2)
for properties located east of West Side Drive and north of Mormon Trek Boulevard
near its intersection with Highway 1 West (REZ12 -00003 / McDonald's), be given first
vote.
A public hearing was held 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 Multi- Family Zones and in
commercial zones that allow multi - family uses and to establish new residential density
formulas for multi - family uses located in Multi - Family Zones and in Commercial Zones
that allow multi - family uses. Senior Planner Miklo presented a power point. The
*following individuals appeared: Mike Bails, Affiliate Member of the Home Builder's
Association; Carl Christel, 1002 E. Jefferson St.; Karen Hopp, 26 N. Governor St.;
Moved by Payne, seconded by Dobyns, to accept correspondence from Mark Holtkamp,
*Mark Bails, and protest petitions representing 2.2 acres (RM44); 0.3 acres (PRM); 4.5
acres (RNS20); .47 (CO1).
Moved by Mims, seconded by Champion, that the 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 multi - family
zones and in commercial zones that allow multi - family uses and to establish new
residential density formulas for multi - family uses located in multi - family zones and in
commercial zones that allow multi - family uses, be given first vote. Individual Council
Members expressed their views, and requested a staff response to the written suggested
changes from the Home Builder's Association.
A public hearing was held on an ordinance amending Title 14, Zoning, Article 5A, Off -
Street Parking and Loading Standards, to increase the number of required parking
spaces for certain multi - family dwelling units when located within a designated
Complete Description
April 17, 2012
Page 3
Correspondence: Traffic Engineering Planner Installation one (1) HANDICAP
PARKING space on the north side of G Street, adjacent to the 906 G Street
property; City Engine r regarding Competitive Quotation Resul s — Court Hills Park
Public Restroom Buildi g; Ann Campbell regarding Suggeste savings on newspaper
publication costs [Staff esponse included]; Mari (Martha) Str xness regarding City
Council Noise Complain - Dorothy Whiston regarding Resol tion Before Council re.
Trayvon Martin.
Mari Struxness, 320 E. shington St. presented a pet" ion regarding noise pollution
in the downtown area. Moved y Mims, seconded by Ch pion, to accept the petition.
Coalition for Racial Justice me bers Dorothy Whiston, arlie Eastham, Diane
Finnerty, and Royceann Porter peared regarding th proposed resolution concerning
Trayvon Martin, and updated Co cil on upcoming a nts in the community.
Moved by Mims, seconded by obyns, to set a blic hearing for May 1 on an
ordinance vacating .27 -acres of stre t right -of -way djacent to lots 1 -8 Melrose Place.
(VAC12- 00001/ University of Iowa H pitals).
A public hearing was held on an or inance r zoning approximately 2.43 acres of
land from Intensive Commercial (CI -1) t Co unity Commercial (CC -2) for properties
located east of West Side Drive and nort of ormon Trek Boulevard near its
intersection with Highway 1 West (REZ12 003 / McDonald's). PCD Dir. Davidson
presented a power point.
Moved by Dobyns, seconded by ms, that the ordinance rezoning approximately
2.43 acres of land from Intensive Com ercial CI -1) to Community Commercial (CC -2)
for properties located east of West Si Drive d north of Mormon Trek Boulevard
near its intersection with Highway 1 est (REZ -00003 / McDonald's), be given first
vote.
A public hearing was held on ordinance ame ding Title 14, Zoning, Articles 2B
and 2C, and Paragraph 14 -413-4 -7 to establish thr a as the maximum number of
bedrooms allowed within a mu i- family dwelling unit Multi- Family Zones and in
commercial zones that allow ulti- family uses and to stablish new residential density
formulas for multi - family us s located in Multi- Family Z nes and in Commercial Zones
that allow multi - family use . Senior Planner Miklo prese ted a power point. The
following individuals app ared: Mike Bales, Affiliate Mem er of the Home Builder's
Association; Carl Chr' tel, 1002 E. Jefferson St.; Karen pp, 26 N. Governor St.;
Moved by Payne, se nded by Dobyns, to accept correspo dence from Mark Holtkamp,
Mark Bales, and pr, est petitions representing 2.2 acres (R 4); 0.3 acres (PRM); 4.5
acres (RNS20); .4 (CO1).
Moved by Mi s, seconded by Champion, that the ordinance mending Title 14,
Zoning, Articles 2B and 2C, and Paragraph 14- 4134A -7 to estab ' h three as the
maximum number of bedrooms allowed within a multi - family dwel g unit in multi - family
zones and in commercial zones that allow multi - family uses and to stablish new
residential density formulas for multi - family uses located in multi -fam zones and in
commercial zones that allow multi - family uses, be given first vote. Individual Council
Members expressed their views, and requested a staff response to the written suggested
changes from the Home Builder's Association.
A public hearing was held on an ordinance amending Title 14, Zoning, Article 5A, Off -
Street Parking and Loading Standards, to increase the number of required parking
spaces for certain multi - family dwelling units when located within a designated
Complete Description
April 17, 2012
Page 4
* Revised 4/26/12
University Impact Area (UTA). Sr. Planner Miklo presented a power point. The following
*individuals appeared: Mike Bails, Affiliate Member of the Home Builder's
Association; Nancy Carlson, 1002 E. Jefferson St.; Mike McLaughlin, Coralville; Mike
Wright, 225 N. Lucas; Jack Tank, (owner) 514 N. Dubuque St.; Moved by Payne,
seconded by Dobyns, to accept correspondence from Mark Holtkamp, Mike
McLaughlin, and protest petitions representing 14.8 acres. Individual Council Members
expressed their views, and requested a staff response to the written suggested changes
from the Home Builder's Association.
Moved by Mims, seconded by Champion, that the ordinance amending Title 14,
Zoning, Article 5A, Off - Street Parking and Loading Standards, to increase the number of
required parking spaces for certain multi - family dwelling units when located within a
designated University Impact Area (UTA), be given first vote. The Mayor declared the
motion carried, 6/1, with the following division of roll call vote: Ayes: Hayek, Mims,
Payne, Throgmorton, Champion, Dobyns. Nays: Dickens.
Moved by Champion, seconded by Throgmorton, that the 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, be given second vote.
The Mayor declared the motion carried, 6/1, with the following division of roll call vote:
Ayes: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek. Nays: Dickens.
Moved by Mims, seconded by Payne, to accept correspondence from Mark Holtkamp.
Moved by Mims, seconded by Payne, that the ordinance designating 1.25 -acres of
land located at 108 McLean Street as an Iowa City Historic Landmark (REZ12- 00004),
be given second vote. The Mayor requested Council Members disclose any ex parte
communications and none were reported.
Moved by Champion, seconded by Dickens, 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 a resolution authorizing the filing of an application with
the Iowa Department of Transportation for FY2013 Iowa DOT State Transit Assistance
and Federal Transit Administration Funding. No one appeared.
Moved by Payne, seconded by Mims, to adopt RES. 12 -174, AUTHORIZING THE
FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF
TRANSPORTATION FOR FY2013 IOWA DOT STATE TRANSIT ASSISTANCE AND
FEDERAL TRANSIT ADMINISTRATION FUNDING.
Moved by Mims, seconded by Champion, to adopt RES. 12 -175, ACCEPTING
PAYMENT OF A $1500 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING
FROM THE DEN.
Moved by Mims, seconded by Payne, to adopt RES. 12 -176, ACCEPTING
PAYMENT OF A $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM
FAREWAY 950.
Moved by Champion, seconded by Payne, to ACCEPTI NG PAYMENT OF A $300
CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM LIQUOR
DOWNTOWN.
A hearing was held on a resolution assessing a $300.00 civil penalty against Red
Poppy pursuant to Iowa Code Section 453A.22(2) (2011). Andy Chappell, Johnson
County Attorney's Office, appeared.
Complete Description
April 17, 2012
Page 4
University Impact Area (UTA). Sr. Planner Miklo presented a power point. The following
individuals appeared: Mike Bales, Affiliate Member of the Home Builder's
Association; Nancy arlson, 1002 E. Jefferson St.; Mike McLaughlin, Coralville; Mike
Wright, 225 N. Lucas, Jack Tank, (owner) 514 N. Dubuque St.; Moved by Payne,
seconded by Dobyns, o accept correspondence from Mark H tkamp, Mike McLaughlin,
and protest petitions re resenting 14.8 acres. Individual Col I Members expressed
their views, and request a staff response to the written sugg ted changes from the
Home Builder's Associati n.
Moved by Mims, secon ed by Champion, that the ordinan a amending Title 14,
Zoning, Article 5A, Off-Stye t Parking and Loading Standar , to increase the number of
required parking spaces for ertain multi - family dwelling u s when located within a
designated University Impact rea (UTA), be given first vo e. The Mayor declared the
motion carried, 6/1, with the fo owing division of roll call ote: Ayes: Hayek, Mims,
Payne, Throgmorton, Champio , Dobyns. Nays: Dicke s.
Moved by Champion, secon d by Throgmorton, t at the ordinance amending Title
14, Zoning, Article 9A, General D finitions, Changing he Definition of "Household" as it
applies in the RM -44, PRM, RNS- 0, RM -20, and C -1 Zones, be given second vote.
The Mayor declared the motion car' d, 6/1, with t following division of roll call vote:
Ayes: Mims, Payne, Throgmorton, C ampion, Dic ens, Dobyns, Hayek. Nays: Dickens.
Moved by Mims, seconded by Payne, o accept rrespondence from Mark Holtkamp.
Moved by Mims, seconded by Payn , that th ordinance designating 1.25 -acres of
land located at 108 McLean Street as a Iowa ity Historic Landmark (REZ12- 00004),
be given second vote. The Mayor reque ed ouncil Members disclose any ex parte
communications and none were reported.
Moved by Champion, seconded by Dick ns, that the ordinance amending Title 14,
Zoning, Subsection 14- 2C -8Q, Bonus Prov s ns, adding a floor area bonus for
constructing Class A Office Space on upp r fl ors within a multi -story building in a
Central Business (CB -10) Zone, be give first te.
A public hearing was held on a resol tion au orizing the filing of an application with
the Iowa Department of Transport ation or FY20 Iowa DOT State Transit Assistance
and Federal Transit Administration Fu ding. No o e appeared.
Moved by Payne, seconded by Mi s, to adopt ES. 12 -174, AUTHORIZING THE
FILING OF AN APPLICATION WIT THE IOWA D ARTMENT OF
TRANSPORTATION FOR FY2013 WA DOT STA TRANSIT ASSISTANCE AND
FEDERAL TRANSIT ADMINIST ION FUNDING.
Moved by Mims, seconded by hampion, to adopt ES. 12 -175, ACCEPTING
PAYMENT OF A $1500 CIVIL P NALTY AND WAIVER F RIGHT TO HEARING
FROM THE DEN.
Moved by Mims, seconded y Payne, to adopt RES. 1 -176, ACCEPTING
PAYMENT OF A $300 CIVIL ENALTY AND WAIVER OF IGHT TO HEARING FROM
FAREWAY 950.
Moved by Champion, se onded by Payne, to ACCEPTI NG PAYMENT OF A $300
CIVIL PENALTY AND W ER OF RIGHT TO HEARING FROM LIQUOR
DOWNTOWN.
A hearing was held on a resolution assessing a $300.00 civil penalty against Red
Poppy pursuant to Iowa Code Section 453A.22(2) (2011). Andy Chappell, Johnson
County Attorney's Office, appeared.
Complete Description
April 17, 2012
Page 5
Moved by Mims, seconded by Dickens, to adopt RES. 12 -178, ASSESSING A
$300.00 CIVIL PENALTY AGAINST RED POPPY PURSUANT TO IOWA CODE
SECTION 453A.22(2) (2011).
A hearing was held on a resolution assessing a $300.00 Civil Penalty against Russ'
Northside pursuant to Iowa Code Section 453A.22(2) (2011). Andy Chappell, Johnson
County Attorney's Office, appeared.
Moved by Champion, seconded by Payne, to adopt RES. 12 -179, ASSESSING A
$300.00 CIVIL PENALTY AGAINST RUSS' NORTHSIDE PURSUANT TO IOWA CODE
SECTION 453A.22(2) (2011).
A hearing was held on a resolution assessing a $300.00 Civil Penalty against
Zombies Tobacco pursuant to Iowa Code Section 453A.22(2) (2011). Andy Chappell,
Johnson County Attorney's Office, appeared.
Moved by Dobyns, seconded by Payne, to adopt RES. 12 -180, ASSESSING A
$300.00 CIVIL PENALTY AGAINST ZOMBIES TOBACCO PURSUANT TO IOWA
CODE SECTION 453A.22(2) (2011).
Moved by Mims, seconded by Payne, that ORD. 12 -4475, 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 passed and adopted.
Moved by Mims, seconded by Champion, 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 -4476, 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 SIDEWALK CAFES AGREEMENTS TO BE
APPROVED ADMINISTRATIVELY AND TO DECREASE THE ALLEY SETBACK, 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 Payne, seconded by Mims, that the ordinance amending Title 2 of the City
Code, entitled "Human Rights," Chapter 4, entitled "Enforcement," to provide that the
Human Rights Office make the probable cause determination, be given first vote.
Moved by Mims, seconded by Champion, to adopt RES. 12 -181, APPROVING
REVISION TO THE PROPOSED EXTERIOR DESIGN OF 114 S. DUBUQUE STREET
IN ACCORDANCE WITH THE AGREEMENT FOR PRIVATE REDEVELOPMENT
BETWEEN THE CITY AND CENTRAL PARK L.L.C. Individual Council Members
expressed their views. The Mayor declared the resolution adopted, 5/2, with the following
division of roll call vote: Ayes: Mims, Payne, Champion, Dickens, Dobyns. Nays: Hayek,
Throgmorton. Correspondence was received from Pam Michaud. Majority directed staff
to develop potential procedures and /or policies related to requests for habitable private
spaces constructed over public right -of -way; and agreed to amend the resolution to
reflect the underside would start at 17 feet.
Moved by Mims, seconded by Throgmorton, to adopt RES. 12 -182, AUTHORIZING
THE ISSUANCE OF $5,376,250 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY
OF IOWA CITY, IOWA, MIDWESTERN DISASTER AREA REVENUE BONDS (IOWA
Complete Description
April 17, 2012
Page 6
CANCER CURE PROJECT) SERIES 2012, WITH THE PROCEEDS FROM THE SALE
OF THE BONDS TO BE LOANED TO IOWA CANCER CURE, L.L.C., AN IOWA
LIMITED LIABILITY COMPANY; THE EXECUTION AND DELIVERY OF A BOND
PURCHASE AGREEMENT AND ASSIGNMENT TO SECURE SAID BONDS; THE
EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND
IOWA CANCER CURE, L.L.C.; THE ASSIGNMENT BY THE CITY TO THE ORIGINAL
PURCHASER OF THE RIGHTS AND INTEREST OF THE CITY IN AND TO SAID
LOAN AGREEMENT; THE SALE OF SAID BONDS; AND RELATED MATTERS.
Moved by Mims, seconded by Dobyns, to adopt RES. 12 -183, APPROVING THE
PURCHASE OF 2229 MUSCATINE AVENUE, (FORMER KERR MCGEE SERVICE
STATION), A.199 ACRE PARCEL OF PROPERTY ON THE CORNER OF MUSCATINE
AND FIRST AVENUE FOR NEIGHBORHOOD IMPROVEMENT WITHIN THE AREA.
Moved by Payne, seconded by Dickens, to adopt RES. 12 -184, OF INTENT TO
APPROVE AN ECONOMIC DEVELOPMENT GRANT IN THE FORM OF 4 YEARS OF
TAX INCREMENT FINANCING REBATES NOT TO EXCEED $170,000, SHOULD
ALPLA, 2258 HEINZ RD., IOWA CITY SELECT IOWA CITY FOR ITS EXPANSION
PROJECT.
Moved by Payne, seconded by Mims, to adopt RES. 12 -185, AWARDING
CONTRACT to Tricon Construction for $3,341,000 AND AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION
OF THE TERRY TRUEBLOOD RECREATION AREA - PHASE 3 IMPROVEMENTS
PROJECT.
Moved by Mims, seconded by Dobyns, to adopt RES. 12 -186, AUTHORIZING THE
ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF
THE HIGHWAY 1 TRAIL PROJECT - ORCHARD STREET TO SUNSET STREET.
Moved by Champion, seconded by Dickens, to adopt RES. 12 -187, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE
AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE
CITY OF IOWA CITY, LANDOWNER IOWA AVENUE PROPERTY LLC, AND TENANT
JIMMY JACK MAC, INC., D /B /A BASTA, FOR A SIDEWALK CAFE.
Moved by Payne, seconded by Dobyns, to adopt RES. 12 -188, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT
FOR TEMPORARY USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF
IOWA CITY, LANDOWNER MOKA JAVA LLC, AND TENANT IOWA CITY COFFEE
COMPANY D /B /A THE HEIRLOOM SALAD COMPANY, FOR A SIDEWALK CAFE.
Moved by Mims, seconded by Payne, to adopt RES. 12 -189, AMENDING THE
BUDGETED POSTIONS IN THE FINANCE DEPARTMENT AND THE
ADMININISTRATIVE AND CONFIDENTIAL PAY PLAN BY ELIMINATING THE
POSITIONS OF SENIOR DOCUMENT SPECIALIST AND DOCUMENT SERVICES
SUPERVISOR FROM THE DOCUMENT SERVICES DIVISION AND ELIMINATING
THE WEB DEVELOPER POSITION FROM THE INFORMATION TECHNOLOGY
SERVICES DIVISION AND AMENDING THE BUDGET POSITIONS IN THE CITY
MANAGER'S OFFICE AND THE ADMINISTRATIVE AND CONFIDENTIAL PAY PLAN
BY ADDING THE POSITIONS OF COMMUNICATIONS COORDINATOR,
COMMUNICATIONS ASSISTANT, AND ELECTRONIC COMMUNICATIONS
SPECIALIST AND ELIMINATING THE DOCUMENT SERVICES DIVISION OF THE
FINANCE DEPARTMENT.
Complete Description
April 17, 2012
Page 7
Moved by Champion, seconded by Payne, to adopt RES. 12 -190, APPROVING AND
ADOPTING THE NEW PURCHASING MANUAL FOR CITY PROCUREMENT, as
amended by with minor changes outlined in Asst. City Atty. memo. David Bywater, 211
Post Road & President and CEO of The Economy Advertising Company, appeared.
Moved by Champion, seconded by Dickens, to adopt RES. 12 -191, REPEALING
RESOLUTION NO. 11 -377 TO ADD AUTHORITY FOR THE CITY MANAGER AS
COMTEMPLATED BY AND CONSISTENT WITH THE NEW PURCHASING MANUAL.
Moved by Payne, seconded by Dickens, to adopt RES. 12 -192, FIXING DATE of May
1, 2012 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO
EXCEED $6,000,000 WATER REVENUE REFUNDING BONDS, SERIES 2012C, OF
THE CITY OF IOWA CITY, STATE OF IOWA AND PROVIDING FOR PUBLICATION
OF NOTICE THEREOF.
Moved by Throgmorton, seconded by Dickens, to adopt RES. 12 -193, FIXING DATE
of May 1, 2012 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF
NOT TO EXCEED $7,950,000 GENERAL OBLIGATION BONDS, SERIES 2012, (FOR
AN ESSENTIAL CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF
IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF.
Moved by Mims, seconded by Dickens, to adopt RES. 12 -194, FIXING DATE of May
1, 2012 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO
EXCEED $700,000 OF GENERAL OBLIGATION BONDS, SERIES 2012 (FOR A
GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF
NOTICE THEREOF.
Moved by Dickens, seconded by Payne, to adopt RES. 12 -195, FIXING DATE of
May 1, 2012 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT
TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS, SERIES 2012 (FOR A
GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF
NOTICE THEREOF.
Moved by Dobyns, seconded by Champion, to adopt RES. 12 -196, FIXING DATE of
May 1, 2012 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT
TO EXCEED $650,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012 OF
THE CITY OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE
THEREOF.
Moved by Dobyns, seconded by Payne, to adopt RES. 12 -197, AUTHORIZING THE
REDEMPTION OF OUTSTANDING GENERAL OBLIGATION REFUNDING BONDS,
SERIES 2002, DATED NOVEMBER 1, 2002, AND GENERAL OBLIGATION BONDS,
SERIES 2003, DATED DECEMBER 15, 2003, OF THE CITY OF IOWA CITY, STATE
OF IOWA, AND DIRECTING NOTICE BE GIVEN. Finance Dir. O'Malley present for
discussion.
Moved by Mims, seconded by Payne, to adopt RES. 12 -198, APPROVING POST -
ISSUANCE COMPLIANCE POLICY. Finance Dir. O'Malley present for discussion.
The Mayor noted the previously announced vacancies to 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. (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); Police Citizens Review Board for an
Complete Description
April 17, 2012
Page 8
unexpired term, effective upon appointment, ending September 1, 2013. Applications
must be received by 5:00 p.m., Wednesday, April 25, 2012.
The Mayor noted the current vacancies: Historic Preservation Commission for an
unexpired term, effective upon appointment, ending March 29, 2013; Human Rights
Commission for an unexpired term, effective upon appointment, ending January 1,
2015. See correspondence included in Council packet. Moved by Champion,
seconded by Mims, to accept correspondence from Alicia Trimble and Henri Harper.
Moved by Dobyns, seconded by Dickens, to make the following appointments:
appoint T. Gene Chrischilles, 1020 Deerfield Drive, to the Board of Adjustment for an
unexpired term, effective upon appointment, ending January 1, 2014; appoint Tom
Carsner to the 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.
The Mayor stated no applications were received for the Youth Advisory Commission
for a two -year term January 1, 2011 — December 31, 2012 for Tate High, and will be
readvertised. (Shall not be more than 18 years of age at the time of application; and
currently enrolled in an Iowa City high school or high school equivalent). 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 noted that Council Member Dickens had agreed to serve as alternate to
Council Member Throgmorton on the East Central Iowa Council of Governments Board
(ECOCOG). Mayor Pro tem Mims reported that Council Member Payne has been
asked to submit her name for an appointment on the - - -- Board, and Council Member
Payne indicated she had sent the necessary information.
UISG Rep. Graham thanked Council for the experience as being the Student
Government Liaison and introduced Matt Uttermark as his successor. Uttermark
thanked Cody for his service and stated he was excited to begin his tenure as UISG
liaison.
Council Member Dickens noted the Olympic Trials scheduled for Iowa City April 21-
22, and welcomed visitors.
Mayor Hayek also reminded citizens of the East Side Recycling ribbon cutting on
Sunday, April 22 at 1 PM.
Moved by Mims, seconded by Payne, to adjourn meeting 9:25 p.m.
qq-z�t 4
Matthew J. H ye Mayor
Marlan 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.
The cost of publishing the following proceedings and claims is $
Cumulative cost for this calendar year for said publication is $_
OFFICIAL COUNCIL ACTIONS — 4/3/12
Iowa City City Council special meeting, 5:00 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims,
Throgmorton. Absent: Payne.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved and seconded to adjourn to executive session to discuss strategy with
counsel in matters that are presently in litigation or where litigation is imminent where its
disclosure would be likely to prejudice or disadvantage the position of the governmental
body in that litigation. The Mayor declared the motion carried and adjourned into
executive session 5:02 p.m.
Moved and seconded to adjourn special meeting 5:10 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 Cl rk
Submitt'�or publication - 4/6/12.
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 — 4/3/12
Iowa City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council
Members present: Champion, Dickens, Dobyns, Hayek, Mims, Throgmorton. Absent: Payne.
The Mayor proclaimed Fair Housing Month — April 2012, Dee Miller, Fair Housing
Ambassadors accepting.
The Mayor and Council Member Dickens presented Outstanding Student Citizenship Awards
to Regina Elementary students: Nourah Abusada and Patrick McMillan.
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 presented:
Approval of Council Actions, subject to corrections, as recommended by the City Clerk:
March 20 Council Work Session; March 20 Regular Council Formal Official and Complete;
March 21 Joint Meeting — Work Session.
Receive and File Minutes of Boards and Commissions (any recommendations contained in
minutes become effective only upon separate Council action): Airport Commission — February
16; Human Rights Commission — February 21; Planning & Zoning Commission — February 27;
Planning & Zoning Commission — March 1; Police Citizens Review Board — February 22;
Senior Center Commission — February 16.
Permit Motions and Resolutions as Recommended by the City Clerk. Class C Liquor
License for Trumpet Blossom Cafe, 310 E. Prentiss St.; Outdoor Service Area for Trumpet
Blossom Cafe, 310 E. Prentiss St.; Class C Liquor License for Chef's Table, 223 E.
Washington St.; Special Class C Liquor License for Panchero's Mexican Grill, 32 S. Clinton
St.; Special Class C Liquor License for Panchero's Mexican Grill, 965 S. Riverside Dr.; Class C
Liquor License for Deadwood, 6 S. Dubuque St.; Outdoor Service Area for Deadwood, 6 S.
Dubuque St.
Resolutions: RES. 12 -124, ACCEPTING THE WORK FOR THE EECBG WATER PLANT
IMPROVEMENT PROJECTS 2011; RES. 12 -125, ACCEPTING THE WORK FOR THE
TERRY TRUEBLOOD RECREATION AREA - PHASE 2 IMPROVEMENTS PROJECT; RES.
12 -126, 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 BILL MIHALOPOULOS, AND
TENANT ATLAS WORLD GRILL, INC D /B /A ATLAS WORLD GRILL, FOR A SIDEWALK
CAFE; RES. 12 -127, 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 LUSATI, INC. D /B /A QUINTON'S BAR & DELI, FOR A SIDEWALK CAFE;
RES. 12 -128, 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 ET AL, AND
TENANT LINN STREET CAFE INC. D /B /A LINN STREET CAFE, FOR A SIDEWALK CAFE;
RES. 12 -129, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT -OF-
Official Actions
April 3, 2012
Page 2
WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MAUREEN MONDANARO, AND
TENANT SALOON OF IOWA CITY, L.C. D /B /A SALOON, FOR A SIDEWALK CAFE; RES.
12 -130, 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 MAUREEN MONDANARO, AND
TENANT GIVANNI'S OF IOWA CITY D /B /A GIVANNI'S, FOR A SIDEWALK CAFE; RES. 12-
131, 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 MIDWESTONE BANK, AND
TENANT ICBB, LTD D /B /A BROWN BOTTLE, FOR A SIDEWALK CAFE; RES. 12 -132,
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 EVELYN OAKES, AND TENANT
CHACKALACKAL, INC D /B /A ONE TWENTY SIX, FOR A SIDEWALK CAFE; RES. 12 -133,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY
OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED
AT 1232 E. COURT STREET, IOWA CITY, IOWA; RES. 12 -134, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA
COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 520
MANOR DRIVE, IOWA CITY, IOWA; RES. 12 -135, ACCEPTING THE WORK FOR THE
CDBG ASBESTOS ABATEMENT PACKAGE NO. 6 PROJECT; RES. 12 -136, ACCEPTING
THE WORK FOR THE CDBG ASBESTOS ABATEMENT PACKAGE NO. 7 PROJECT; RES.
12 -137, ACCEPTING THE WORK FOR THE HMGP ASBESTOS ABATEMENT PACKAGE
NO. 4 PROJECT; RES. 12 -138, ACCEPTING THE WORK FOR THE HMGP ASBESTOS
ABATEMENT PACKAGE NO. 5 PROJECT.
Correspondence: Traffic Engineering Planner regarding Installation of a LANE
ASSIGNMENT sign and a LEFT TURN ONLY pavement marking for interior lane of the
northbound leg of the Highway 1 / Orchard Street intersection; Traffic Engineering Planner
regarding Installation of an on- street metered parking space and establishment of parking meter
terms on the 200 block of East Washington Street; Traffic Engineering Planner regarding
Installation of NO PARKING ANY TIME signs on the west side of Algonquin Road; Norma Lee
Balmer regarding Lexington Avenue [Staff response included]; H. Lenz regarding Red Light
Cameras.
Senior Center Commissioner Michael Lensing updated Council on activities at the Center.
A public hearing was held on an ordinance designating 1.25 -acres of land located at 108
McLean Street as an Iowa City Historic Landmark (REZ12- 00004). Moved and seconded to
accept correspondence from Barry Bender.
Moved and seconded that the ordinance designating 1.25 -acres of land located at 108 McLean
Street as an Iowa City Historic Landmark (REZ12- 00004), be given first vote.
Moved and seconded to set a public hearing for April 17 on an ordinance rezoning
approximately 2.43 acres of land from Intensive Commercial (CI -1) to Community Commercial
(CC -2) for properties located east of West Side Drive and north of Mormon Trek Boulevard near
its intersection with Highway 1 West (REZ12- 00003).
Official Actions
April 3, 2012
Page 3
Moved and seconded to set a public hearing for April 17 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 Multi - Family Zones and in
Commercial Zones that allow multi - family uses and to establish new residential density formulas
for multi - family uses located in Multi - Family Zones and in Commercial Zones that allow multi-
family uses. The Mayor declared the motion carried, 5/1/1, with the following division of roll call
vote. Ayes: Hayek, Mims, Throgmorton, Champion, Dobyns. Nays: Dickens. Absent: Payne.
Moved and seconded to set a public hearing for April 17 on an ordinance amending Title 14,
Zoning, Article 5A, Off - Street Parking and Loading Standards, to increase the number of required
parking spaces for certain multi - family dwelling units when located within a designated University
Impact Area (UTA). The Mayor declared the motion carried, 5/1/1, with the following division of roll
call vote. Ayes: Mims, Throgmorton, Champion, Dobyns, Hayek. Nays: Dickens. Absent: Payne.
Moved and seconded that the 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, be given first vote. The Mayor declared the motion carried, 5/1/1, with the
following division of roll call vote. Ayes: Dobyns, Hayek, Mims, Throgmorton, Champion. Nays:
Dickens. Absent: Payne. Moved and seconded to accept correspondence from Mike Wright and
Casey Cook.
Moved and seconded 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 second vote.
Moved and seconded that ORD. 12 -4472, AMENDING TITLE 14, ZONING, ARTICLE 4E,
NONCONFORMING SITUATIONS, REGARDING THE REGULATION OF NON - CONFORMING
DEVELOPMENT, be passed and adopted.
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 -4473, 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), 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 accept correspondence from
Mark Danielson.
Moved and seconded to adopt RES. 12 -139, APPROVING THE PRELIMINARY PLAT OF
THE PENINSULA NEIGHBORHOOD PHASE 3 AND 4, IOWA CITY, IOWA.
Moved and seconded to adopt RES. 12 -140, APPROVING THE PRELIMINARY PLAT OF
THE PENINSULA NEIGHBORHOOD PHASE 5, IOWA CITY, IOWA.
Moved and seconded to adopt RES. 12 -141, WAIVING THE EXTRATERRITORIAL REVIEW
OF WOODLAND RIDGE ESTATES, JOHNSON COUNTY, IOWA.
A public hearing was held on a resolution for plans, specifications, form of contract, and
estimate of cost for the construction of the Iowa City Industrial Campus Railroad Siding and Spur
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 -142, APPROVING PLANS, SPECIFICATIONS, FORM
OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY
INDUSTRIAL CAMPUS RAILROAD SIDING AND SPUR IMPROVEMENTS PROJECT,
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY
Official Actions
April 3, 2012
Page 4
CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT
OF BIDS.
A public hearing was held on a resolution for plans, specifications, form of contract, and
estimate of cost for the construction of the Lower Muscatine Road Reconstruction Project
(Kirkwood Ave. to 1St Ave.) [STP -U- 3715(37)-- 70 -52], 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 -143, PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LOWER
MUSCATINE ROAD RECONSTRUCTION PROJECT (KIRKWOOD AVE. TO 1ST AVE.) [STP -U-
3715(37)--70-52], 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 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 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 sidewalk cafes agreements to be approved
administratively and to decrease the alley setback, be given first vote.
Moved and seconded that ORD. 12 -4474, 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 passed and
adopted.
Moved and seconded to adopt RES. 12 -144, 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 and seconded to adopt RES. 12 -145, AWARDING CONTRACT AND AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE COURT HILL TRAIL - PHASE THREE NRT- 3715(649)- -9G -52
PROJECT.
Moved and seconded to adopt RES. 12 -146, AWARDING AND AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE
WASTEWATER TREATMENT FACILITIES CONSOLIDATION PROJECT CONTRACT
Moved and seconded to adopt RES. 12 -147, RESCINDING RESOLUTION NO. 12 -100
WHICH INCLUDED APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR 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 OF SAID PLAN, AND FIXING TIME
AND PLACE FOR RECEIPT OF BIDS.
Moved and seconded to adopt RES. 12 -148, AWARDING CONTRACT AND AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE IOWA RIVER WATER MAIN CROSSINGS PROJECT.
Official Actions
April 3, 2012
Page 5
Moved and seconded to adopt RES. 12 -149, APPROVING, AUTHORIZING AND DIRECTING
THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO AN
AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHIVE- HATTERY, INC. TO
PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE HIGHWAY 1 TRAIL PROJECT -
ORCHARD STREET TO SUNSET STREET PROJECT.
Moved and seconded to adopt RES. 12 -150, AUTHORIZING AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY
TO BE EFFECTIVE JULY 1, 2012 THROUGH JUNE 30, 2015.
Moved and seconded to adopt RES. 12 -151, AUTHORIZING AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND THE AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES LOCAL #183, TO BE EFFECTIVE JULY 1, 2012 THROUGH JUNE
30, 2017.
Moved and seconded to adopt RES. 12 -152, ESTABLISHING CLASSIFICATION/
COMPENSATION PLANS FOR CONFIDENTIAL /ADMINISTRATIVE EMPLOYEES AND
EXECUTIVE EMPLOYEES FOR FY13, FY14, AND FY15.
Moved and seconded to adopt RES. 12 -153, DEDICATING BLACKHAWK MINIPARK IN IOWA
CITY, JOHNSON COUNTY, IOWA, AS PUBLIC RIGHT -OF -WAY.
Moved and seconded to adopt RES. 12 -154, APPROVING AN AGREEMENT FOR PRIVATE
REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA, AND CENTRAL PARK
L.L.C.
Moved and seconded to adopt RES. 12 -155, INTENT FOR DESIGN WORK FOR A NEW
ANIMAL CARE AND ADOPTION CENTER, COST SHARING AGREEMENTS WITH
NEIGHBORING JURISDICTIONS FOR SAID FACILITY, AND INTERIM ANIMAL SERVICES
WITH NEIGHBORING JURISDICTIONS.
Moved and seconded to adopt RES. 12 -156, REPEALING RES. 04 -117 AND ADOPTING A
NEW POLICY FOR DISTRIBUTION OF ELECTRONIC PACKETS; ESTABLISHING A POLICY
FOR COUNCIL MEMBER USE OF CITY iPAD, AND PROVIDING FOR REIMBURSMENT FOR
THE EXPENSE OF PURCHASING PERSONAL EQUIPMENT TO ACCESS ELECTRONIC
PACKET; PROCEDURES FOR E -MAIL CORRESPONDENCE AND DISTRIBUTION OF
WEEKLY ELECTRONIC COUNCIL PACKETS; AND REMOVING THE STIPEND FOR
SUPPLIES.
Moved and seconded to adopt RES. 12 -157, RATIFYING THE PARTIAL SETTLEMENT OF
PENDING LITIGATION.
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;
Metropolitan Planning Organization (MPO- formerly JCCOG) Community - Climate Action
Taskforce (formerly Cool Cities Taskforce) for an At- Large /Public vacancy to fill a one -year term,
effective upon appointment, ending March 2013; 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, April 11, 2012. Police Citizens Review Board for an unexpired term, effective upon
appointment, ending September 1, 2013. Applications must be received by 5:00 p.m.,
Wednesday, April 25, 2012.
Moved and seconded to appoint Phoebe Martin, 1824 G Street, to the Planning & Zoning
Commission for a five -year term May 1, 2012 — May 1, 2017.
The Mayor noted no applications were received for the following Boards and Commissions and
all will be readvertised: Airport Commission for an unexpired term, effective upon appointment —
Official Actions
April 3, 2012
Page 6
March 1, 2014; Airport Zoning Brd of Adjustment for 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.]
Moved and seconded to adjourn meeting at 8:20 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, Cit Clerk''
��
Subm' publication — 4/10/12.
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
APRIL 3, 2012
Iowa City City Council special meeting, 5:00 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims,
Throgmorton. Absent: Payne. Staff members present: Markus, Fruin, Dilkes, Karr,
Andrew, Bentley.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Dobyns, seconded by Mims, to adjourn to executive session to discuss
strategy with counsel in matters that are presently in litigation or where litigation is
imminent where its disclosure would be likely to prejudice or disadvantage the position
of the governmental body in that litigation. The Mayor declared the motion carried and
adjourned into executive session 5:02 p.m.
Council returned to open session 5:09 p.m.
Moved by Mims, seconded by Dobyns, to adjourn special meeting 5:10 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
APRIL 3, 2012
Iowa City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council
Members present: Champion, Dickens, Dobyns, Hayek, Mims, Throgmorton. Absent: Payne.
Staff members present: Markus, Fruin, Dilkes, Karr, Andrew, Moran, Fosse, O'Brien, Howard,
Boelk, Davidson, Clark.
The Mayor proclaimed Fair Housing Month — April 2012, Dee Miller, Fair Housing
Ambassadors accepting.
The Mayor and Council Member Dickens presented Outstanding Student Citizenship Awards
to Regina Elementary students: Nourah Abusada and Patrick McMillan.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Dobyns, seconded by Mims, that the items and recommendations in the Consent
Calendar be received, or approved, and /or adopted as presented:
Approval of Council Actions, subject to corrections, as recommended by the City Clerk:
March 20 Council Work Session; March 20 Regular Council Formal Official and Complete;
March 21 Joint Meeting — Work Session.
Receive and File Minutes of Boards and Commissions (any recommendations contained in
minutes become effective only upon separate Council action): Airport Commission — February
16; Human Rights Commission — February 21; Planning & Zoning Commission — February 27;
Planning & Zoning Commission — March 1; Police Citizens Review Board — February 22;
Senior Center Commission — February 16.
Permit Motions and Resolutions as Recommended by the City Clerk. Class C Liquor
License for Katy, LLC, dba Trumpet Blossom Cafe, 310 E. Prentiss St.; Outdoor Service Area
for Katy, LLC, dba Trumpet Blossom Cafe, 310 E. Prentiss St.; Class C Liquor License for L &
M Iowa City Investments, LLC, dba Chef's Table, 223 E. Washington St.; Special Class C
Liquor License for Little Donkey's , Inc., dba Panchero's Mexican Grill, 32 S. Clinton St.;
Special Class C Liquor License for Freshmex Iowa City, LLC, dba Panchero's Mexican Grill,
965 S. Riverside Dr.; Class C Liquor License for Ranger Enterprises, Inc., dba Deadwood, 6 S.
Dubuque St.; Outdoor Service Area for Ranger Enterprises, Inc., dba Deadwood, 6 S.
Dubuque St.
Resolutions: RES. 12 -124, ACCEPTING THE WORK FOR THE EECBG WATER PLANT
IMPROVEMENT PROJECTS 2011; RES. 12 -125, ACCEPTING THE WORK FOR THE
TERRY TRUEBLOOD RECREATION AREA - PHASE 2 IMPROVEMENTS PROJECT; RES.
12 -126, 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 BILL MIHALOPOULOS, AND
TENANT ATLAS WORLD GRILL, INC D /B /A ATLAS WORLD GRILL, FOR A SIDEWALK
CAFE; RES. 12 -127, 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 LUSATI, INC. D /B /A QUINTON'S BAR & DELI, FOR A SIDEWALK CAFE;
RES. 12 -128, 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 ET AL, AND
TENANT LINN STREET CAFE INC. D /B /A LINN STREET CAFE, FOR A SIDEWALK CAFE;
Complete Description
April 3, 2012
Page 2
RES. 12 -129, 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 MAUREEN MONDANARO, AND
TENANT SALOON OF IOWA CITY, L.C. D /B /A SALOON, FOR A SIDEWALK CAFE; RES.
12 -130, 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 MAUREEN MONDANARO, AND
TENANT GIVANNI'S OF IOWA CITY D /B /A GIVANNI'S, FOR A SIDEWALK CAFE; RES. 12-
131, 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 MIDWESTONE BANK, AND
TENANT ICBB, LTD D /B /A BROWN BOTTLE, FOR A SIDEWALK CAFE; RES. 12 -132,
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 EVELYN OAKES, AND TENANT
CHACKALACKAL, INC D /B /A ONE TWENTY SIX, FOR A SIDEWALK CAFE; RES. 12 -133,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY
OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED
AT 1232 E. COURT STREET, IOWA CITY, IOWA; RES. 12 -134, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA
COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 520
MANOR DRIVE, IOWA CITY, IOWA; RES. 12 -135, ACCEPTING THE WORK FOR THE
CDBG ASBESTOS ABATEMENT PACKAGE NO. 6 PROJECT; RES. 12 -136, ACCEPTING
THE WORK FOR THE CDBG ASBESTOS ABATEMENT PACKAGE NO. 7 PROJECT; RES.
12 -137, ACCEPTING THE WORK FOR THE HMGP ASBESTOS ABATEMENT PACKAGE
NO. 4 PROJECT; RES. 12 -138, ACCEPTING THE WORK FOR THE HMGP ASBESTOS
ABATEMENT PACKAGE NO. 5 PROJECT.
Correspondence: Traffic Engineering Planner regarding Installation of a LANE
ASSIGNMENT sign and a LEFT TURN ONLY pavement marking for interior lane of the
northbound leg of the Highway 1 / Orchard Street intersection; Traffic Engineering Planner
regarding Installation of an on- street metered parking space and establishment of parking meter
terms on the 200 block of East Washington Street; Traffic Engineering Planner regarding
Installation of NO PARKING ANY TIME signs on the west side of Algonquin Road; Norma Lee
Balmer regarding Lexington Avenue [Staff response included]; H. Lenz regarding Red Light
Cameras.
Senior Center Commissioner Michael Lensing updated Council on activities at the Center.
A public hearing was held on an ordinance designating 1.25 -acres of land located at 108
McLean Street as an Iowa City Historic Landmark (REZ12- 00004). Planner Howard presented a
power point. The Mayor requested Council report any ex parte communications and none were
reported. Moved by Champion, seconded by Dickens, to accept correspondence from Barry
Bender.
Moved by Dobyns, seconded by Mims, that the ordinance designating 1.25 -acres of land
located at 108 McLean Street as an Iowa City Historic Landmark (REZ12- 00004), be given first
vote.
Complete Description
April 3, 2012
Page 3
Moved by Mims, seconded by Throgmorton, to set a public hearing for April 17 on an ordinance
rezoning approximately 2.43 acres of land from Intensive Commercial (CI -1) to Community
Commercial (CC -2) for properties located east of West Side Drive and north of Mormon Trek
Boulevard near its intersection with Highway 1 West (REZ12- 00003).
Moved by Dobyns, seconded by Mims, to set a public hearing for April 17 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 Multi - Family
Zones and in Commercial Zones that allow multi - family uses and to establish new residential
density formulas for multi - family uses located in Multi - Family Zones and in Commercial Zones that
allow multi - family uses. The Mayor declared the motion carried, 5/1/1, with the following division
of roll call vote. Ayes: Hayek, Mims, Throgmorton, Champion, Dobyns. Nays: Dickens. Absent:
Payne.
Moved by Champion, seconded by Throgmorton, to set a public hearing for April 17 on an
ordinance amending Title 14, Zoning, Article 5A, Off - Street Parking and Loading Standards, to
increase the number of required parking spaces for certain multi - family dwelling units when
located within a designated University Impact Area (UTA). The Mayor declared the motion carried,
5/1/1, with the following division of roll call vote. Ayes: Mims, Throgmorton, Champion, Dobyns,
Hayek. Nays: Dickens. Absent: Payne.
Moved by Champion, seconded by Dobyns, that the 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, be given first vote. Individual Council Members
expressed their views. The Mayor declared the motion carried, 5/1/1, with the following division of
roll call vote. Ayes: Dobyns, Hayek, Mims, Throgmorton, Champion. Nays: Dickens. Absent:
Payne. Moved by Mims, seconded by Dickens, to accept correspondence from Mike Wright and
Casey Cook.
Moved by Mims, seconded by Dobyns, 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 second vote.
Moved by Champion, seconded by Throgmorton, that ORD. 12 -4472, AMENDING TITLE 14,
ZONING, ARTICLE 4E, NONCONFORMING SITUATIONS, REGARDING THE REGULATION
OF NON - CONFORMING DEVELOPMENT, be passed and adopted.
Moved by Mims, 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 -4473, 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), be voted on for final passage at this time.
Moved by Mims, seconded by Dobyns, that the ordinance be finally adopted at this time. Moved
by Throgmorton, seconded by Dobyns, to accept correspondence from Mark Danielson.
Moved by Mims, seconded by Champion, to adopt RES. 12 -139, APPROVING THE
PRELIMINARY PLAT OF THE PENINSULA NEIGHBORHOOD PHASE 3 AND 4, IOWA CITY,
IOWA.
Moved by Champion, seconded by Dickens, to adopt RES. 12 -140, APPROVING THE
PRELIMINARY PLAT OF THE PENINSULA NEIGHBORHOOD PHASE 5, IOWA CITY, IOWA.
Complete Description
April 3, 2012
Page 4
Moved by Throgmorton, seconded by Mims, to adopt RES. 12 -141, WAIVING THE
EXTRATERRITORIAL REVIEW OF WOODLAND RIDGE ESTATES, JOHNSON COUNTY,
IOWA.
A public hearing was held on a resolution for plans, specifications, form of contract, and
estimate of cost for the construction of the Iowa City Industrial Campus Railroad Siding and Spur
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 Dobyns, seconded by Mims, to adopt RES. 12 -142, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE IOWA CITY INDUSTRIAL CAMPUS RAILROAD SIDING AND SPUR
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 for plans, specifications, form of contract, and
estimate of cost for the construction of the Lower Muscatine Road Reconstruction Project
(Kirkwood Ave. to 1St Ave.) [STP -U- 3715(37)-- 70 -52], 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 Dobyns, seconded by Mims, to adopt RES. 12 -143, PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT (KIRKWOOD AVE. TO 1ST AVE.)
[STP -U- 3715(37)-- 70 -52], ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY
EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME
AND PLACE FOR RECEIPT OF BIDS.
Moved by Champion, seconded by Dickens, 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 second vote.
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 sidewalk cafes agreements to be approved
administratively and to decrease the alley setback, be given first vote.
Moved by Champion, seconded by Dickens, that ORD. 12 -4474, 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 passed and adopted.
Moved by Mims, seconded by Dobyns, to adopt RES. 12 -144, 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. City
Manager Markus and PCD Dir. Davidson present for discussion.
Moved by Mims, seconded by Dobyns, to adopt RES. 12 -145, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE COURT HILL TRAIL - PHASE THREE NRT- 3715(649)- -9G -52
PROJECT to J & L Construction for $488,775.50. Parks & Rec. Dir. Moran present for discussion.
Complete Description
April 3, 2012
Page 5
Moved by Champion, seconded by Mims, to adopt RES. 12 -146, AWARDING AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE WASTEWATER TREATMENT FACILITIES CONSOLIDATION
PROJECT CONTRACT to Joseph J. Henderson & Son Inc. for $43,787,000.00. Public Works Dir.
Fosse present for discussion.
Moved by Mims, seconded by Champion, to adopt RES. 12 -147, RESCINDING RESOLUTION
NO. 12 -100 WHICH INCLUDED APPROVING PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR 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 OF
SAID PLAN, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
Moved by Dobyns, seconded by Dickens, to adopt RES. 12 -148, AWARDING CONTRACT
AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR CONSTRUCTION OF THE IOWA RIVER WATER MAIN CROSSINGS PROJECT to Vieth
Construction Corp. for $273,481.00.
Moved by Champion, seconded by Dobyns, to adopt RES. 12 -149, APPROVING,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST AN AMENDMENT TO AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY
AND SHIVE- HATTERY, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR
THE HIGHWAY 1 TRAIL PROJECT - ORCHARD STREET TO SUNSET STREET PROJECT.
Moved by Dobyns, seconded by Mims, to adopt RES. 12 -150, AUTHORIZING AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION
OF IOWA CITY TO BE EFFECTIVE JULY 1, 2012 THROUGH JUNE 30, 2015.
Moved by Dobyns, seconded by Mims, to adopt RES. 12 -151, AUTHORIZING AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES LOCAL #183, TO BE EFFECTIVE JULY 1, 2012
THROUGH JUNE 30, 2017.
Moved by Champion, seconded by Dobyns, to adopt RES. 12 -152, ESTABLISHING
CLASSIFICATION /COMPENSATION PLANS FOR CONFIDENTIAUADMINISTRATIVE
EMPLOYEES AND EXECUTIVE EMPLOYEES FOR FY13, FY14, AND FY15.
Moved by Mims, seconded by Dobyns, to adopt RES. 12 -153, DEDICATING BLACKHAWK
MINIPARK IN IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC RIGHT -OF -WAY. PCD Dir.
Davidson presented a power point.
Moved by Mims, seconded by Dobyns, to adopt RES. 12 -154, APPROVING AN AGREEMENT
FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA, AND
CENTRAL PARK L.L.C. PCD Dir. Davidson presented a power point. Developer Moen present for
discussion. Individual Council Members expressed their views.
Moved by Dobyns, seconded by Dickens, to adopt RES. 12 -155, INTENT FOR DESIGN
WORK FOR A NEW ANIMAL CARE AND ADOPTION CENTER, COST SHARING
AGREEMENTS WITH NEIGHBORING JURISDICTIONS FOR SAID FACILITY, AND INTERIM
ANIMAL SERVICES WITH NEIGHBORING JURISDICTIONS.
Moved by Mims, seconded by Dobyns, to adopt RES. 12 -156, REPEALING RES. 04 -117 AND
ADOPTING A NEW POLICY FOR DISTRIBUTION OF ELECTRONIC PACKETS;
ESTABLISHING A POLICY FOR COUNCIL MEMBER USE OF CITY iPAD, AND PROVIDING
FOR REIMBURSMENT FOR THE EXPENSE OF PURCHASING PERSONAL EQUIPMENT TO
ACCESS ELECTRONIC PACKET; PROCEDURES FOR E -MAIL CORRESPONDENCE AND
Complete Description
April 3, 2012
Page 6
DISTRIBUTION OF WEEKLY ELECTRONIC COUNCIL PACKETS; AND REMOVING THE
STIPEND FOR SUPPLIES.
Moved by Mims, seconded by Dickens, to adopt RES. 12 -157, RATIFYING THE PARTIAL
SETTLEMENT OF PENDING LITIGATION, from HARRIS for $30,000, and litigation against
INNOPRISE will continue.
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;
Metropolitan Planning Organization (MPO- formerly JCCOG) Community - Climate Action
Taskforce (formerly Cool Cities Taskforce) for an At- Large /Public vacancy to fill a one -year term,
effective upon appointment, ending March 2013; 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, April 11, 2012. Police Citizens Review Board for an unexpired term, effective upon
appointment, ending September 1, 2013. Applications must be received by 5:00 p.m.,
Wednesday, April 25, 2012.
Moved by Champion, seconded by Dickens, to appoint Phoebe Martin, 1824 G Street, to the
Planning & Zoning Commission for a five -year term May 1, 2012 — May 1, 2017.
The Mayor noted no applications were received for the following Boards and Commissions and
all will be readvertised: 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. (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.]
Council Member Throgmorton reported he would be guiding a Jane Jacobs Walk and more
information would be coming on the event; stated he had attended an advance screening of a
documentary concerning the City of Literature and to watch for more details on other viewings.
Council Member Champion commented on the beautiful spring, blooming flowers and trees.
Council Member Dobyns thanked Council Member Dickens for having the paper agenda
packet handy if needed, as he was using computer and going paperless for the first time.
Mayor Hayek confirmed Council would be scheduling a work session to discuss neighborhood
stabilization in a more general fashion; and wished his daughter Greta a Happy 5th Birthday.
Moved by Dobyns, seconded by Mims, to adjourn meeting at 8:20 p.m.
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk
r �-
1 CITY OF IOWA CITY 5a(2)
MEMORANDUM wmm��
Date: April 10, 2012
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, April 3, 2012, 5:00 PM in Emma J. Harvat Hall
Council: Champion, Dickens, Dobyns, Hayek, Mims, Throgmorton. Absent: Payne
UISG Rep.: Graham
Staff: Markus, Fruin, Dilkes, Karr, Andrew, Bentley, O'Brien, Jennings, O'Malley, Miklo,
Howard, Goodman, Moran, Fosse, Davidson, Havel
(A complete transcription is available in the City Clerk's Office and the City website)
Mayor Hayek stated Council Member Payne was ill and would not be attending the meetings
that evening.
COUNCIL APPOINTMENTS [Agenda #27]
Airport Commission (1) — Readvertise
Airport Zoning Brd of Adjustment (2) — Readvertise
Airport Zoning Brd of Adjustment (1) — Readvertise
Airport Zoning Commission (1) — Readvertise
Planning & Zoning Commission (1) — Phoebe Martin
PLANNING & ZONING ITEMS
PCD Dir. presented a power point [archived in the City Clerk's office] of the following items:
ITEM 6i CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE
PENINSULA NEIGHBORHOOD PHASE 3 AND 4, IOWA CITY, IOWA. (SUB11-
00017)
ITEM 6j CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE
PENINSULA NEIGHBORHOOD PHASE 5, IOWA CITY, IOWA. (SUB12- 00001)
ITEM 6k CONSIDER A RESOLUTION WAIVING THE EXTRATERRITORIAL REVIEW
OF WOODLAND RIDGE ESTATES, JOHNSON COUNTY, IOWA.
Planner Howard and Senior Planner Miklo presented a power point [archived in the City Clerk's
office] of the following item:
ITEM 6e CONSIDER 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.
(FIRST CONSIDERATION)
In response to Mayor Hayek a majority indicated support for the ordinance.
Council Work Session
April 3, 2012
Page 2
AGENDA ITEMS
1. (Agenda item # 22 — resolution approving an agreement ... private redevelopment ...
Central Park L.L.C.) PCD Dir. Davidson, City Manager Markus, and City Atty. Dilkes
responded to questions. Majority requested staff provide a shadow analysis of the project at
the formal meeting.
2. In response to Council Member Dobyns, City Clerk Karr and City Manager Markus stated it
was common to have the consent calendar at the front of the meeting but Council could
adjust the order permanently by resolution, or pull items from the Consent Calendar for
separate consideration.
3. (Agenda item # 13 — resolution of intent to budget annual funding ... Co -Lab Initiative) PCD
Dir. Davidson present for discussion. City Manager Markus confirmed performance
measures were in the enabling agreement and discretion provided to the City Manager.
RECAPPING FARMER'S MARKET STRATEGIC PLANNING EFFORT [IP #3]
Chair Clay Claussen introduced other strategic planning committee members (Vendor Kristin
Kromray, Vendor and Commission Member Alli Gnade, Vice -Chair Maggie Elliott, Parks & Rec.
Dir. Moran). Other members not in attendance included: Vendor Martha Boyson, Commission
Member Lucie Laurian, and Market Coordinator Neumann. Two handouts were distributed:
➢ Recommendations:
➢ Farmers Market Expansion 2 -5 Years
STAFF ACTION: Park & Recreation Commission to adopt the Report and schedule for
Council approval. (Moran)
ANIMAL SHELTER PROJECT UPDATE [Agenda #23]
City Manager Management Intern Andrew presented a power point [archived in the City Clerk's
office], and City Manager Markus responded to questions. Majority agreed to proceed.
INFORMATION PACKET DISCUSSION [March 291 / COUNCIL TIME
1. Council Member Throgmorton indicated he had a question regarding the elevation of
Dubuque Street and would follow up with Public Works Dir. Fosse.
2. (IP5 — Memo from the City Clerk re KXIC Radio Show) After discussion a majority agreed to
the following schedule:
April 18 - Mims
April 25 - Champion
May 2 - Throgmorton
May 9 - Hayek
May 16 - Rick Dobyns
May 23 - Champion
May 30 - Hayek
3. Mayor Hayek noted that Council Member Throgmorton had been appointed to the ECICOG
and UNESCO Board and meeting times conflict. The item will be scheduled for the next
Council meeting for discussion and possible reappointments.
Council Work Session
April 3, 2012
Page 3
4. Mayor Hayek that Council Member Dobyns has been asked to participate in the Partnership
for Alcohol Safety meetings and there is no formal appointment necessary.
5. Council Member Throgmorton distributed copies of a proposed resolution relating to the
Death of Trayvon Martin and asked Council to consider placing it on an agenda for adoption.
A majority agreed to schedule discussion at the April 17 work session.
PENDING WORK SESSION TOPICS [IP#4]
None
MEETING SCHEDULE /UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS [IP #5]
Council Member Throgmorton thanked staff for their efforts in supporting and
coordinating the Jane Jacobs walk on May 5th, noting the route from the ped. mall down
Clinton Street to the old train depot and back up Linn and Gilbert Streets. The event is
co- sponsored by the City of Iowa City, School of Urban & Regional Planning at the
University, City of Literature, and the Center for the living City. He stated more
information would be coming.
2. Council Member Dobyns asked that Council consider moving the August meeting date
from August 21 to August 14. Staff will schedule for April 17 work session to allow
Members to check their calendars regarding re- scheduling.
3. Mayor Hayek noted upcoming events for Earth Day at the Recycling Center, and
Olympic Trials.
Meeting adjourned 6:32 PM.