HomeMy WebLinkAbout2012-05-15 Council minutes 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
MAY 15, 2012
Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Champion, Dobyns, Hayek, Mims, Payne,
Throgmorton. Absent: Dickens. Staff members present: Markus, Fruin, Dilkes, Karr,
Bentley, Andrew, Davidson, Ford, Rackis, Fosse, Hansen, Cohn, Niichel-Hegwood,
Moran, O'Brien, O'Malley, Hightshoe, Clark.
The Mayor received a Shovel Ready Certification of Iowa City's Wind Energy
Supply Chain Campus from Jonathon Gemmen from Austin Consulting and Iowa City
Area Development Representatives Eric Hanson and DaLayne Williamson.
The Mayor presented Outstanding Student Citizenship Awards to Grant Wood
Elementary students: Korrin Garcia, Winston Lui, James Momberg.
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 and to
delete items 3d(5), resolution authorizing agreement between the city and Eliezer A.
Sotillo Rodriguez and Marc Moen for mural, and 3e(1), setting a hearing of intent to
convey utility easements on portions of 1807 and 2001 Lower Muscatine Road, for
separate consideration:
Approval of Council Actions, subject to corrections, as recommended by the City
Clerk: May 1 Council Work Session; May 1 Regular Council Formal Official and
Complete.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Airport
Commission — March 15; Airport Commission —April 5; Planning & Zoning
Commission —April 5; Police Citizens Review Board — March 21; Senior Center
Commission — March 15.
Permit Motions and Resolutions as Recommended by the City Clerk.
(New): Class E Liquor License for Southside Spirits, LLC, dba Southside Liquor &
Tobacco, 601 Hollywood Blvd. Suite 1; Five-day Class B Beer Permit for Summer of
the Arts, Inc., dba Iowa Arts Festival, 210 E. Iowa Ave., in the street. (June 1-3,
2012); Five-day Class B Beer Permit for Summer of the Arts, Inc., dba Iowa City
Jazz Festival, 17 N. Clinton St. , in the street. (June 29-July 1, 2012); Five-day Class
B Beer Permit for Summer of the Arts, Inc., dba Sand in the City, 100 Block Iowa
Ave., in the street. (August 10-12, 2012). (Renewal) Class C Liquor License for Linn
Street Café, Inc., dba Linn Street Café, Inc., 121 N. Linn St.; Class C Liquor License
for Column, Inc., dba Sports Column, 12 S. Dubuque St.; Special Class C Liquor
License for Riverside Theatre, dba Riverside Theatre, 213 N. Gilbert St.; Temporary
Transfer of Special Class C Liquor License for Riverside Theatre, dba Riverside
Theatre, 213 N. Gilbert St. to Riverside Festival Stage in City Park (June 14-July 8,
2012); Class C Liquor License for Quzer, Inc., dba Shakespeare's, 819 S. First Ave.;
Class C Liquor License for Pershell Corporation, dba Colonial Lanes, 2253 Highway
218 S.; Class C Beer Permit for Suburban Investors, LC, dba Suburban Amoco, 370
Scott Court. RES. 12-229, TO ISSUE CIGARETTE PERMIT to Southside Spirits,
LLC, dba Southside Liquor & Tobacco, 601 Hollywood Blvd. Suite 1.
Complete Description
May 15, 2012
Page 2
Resolutions and Motions: RES. 12-230, APPROVING AN AGREEMENT
BETWEEN THE CITY AND SUMMER OF THE ARTS, INC. TO ALLOW THE
TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER
DURING ARTS FEST, JAZZ FEST, AND SAND IN THE CITY WITHIN A SPECIFIED
AREA ON A CITY STREET; RES. 12-231, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF JUDGMENT;
RES. 12-232, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO AN AGREEMENT WITH RIVERSIDE THEATRE THAT ALLOWS THE
SALE OF WINE AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK
FROM JUNE 14, 2012 THROUGH JULY 8, 2012; RES. 12-233, 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 15 REGAL LANE, IOWA CITY, IOWA; RES. 12-234,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTY
LOCATED AT 213 E. MARKET STREET, IOWA CITY, IOWA; RES. 12-235,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND iWIRELESS,
L.L.C. TO USE CERTAIN PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION,
OPERATION AND MAINTENANCE OF AN ELECTRICAL TRANSMISSION LINE.
Setting Public Hearings: Public hearing for June 19, 2012 regarding an
amendment to Iowa City's FY11 Annual Action Plan, that is a sub-part of Iowa City's
2011-2015 Consolidated Plan (a.k.a. CITY STEPS); RES. 12-237, SETTING
PUBLIC HEARING FOR JUNE 5, 2012, ON A PROPOSAL TO CONVEY A SINGLE
FAMILY HOME LOCATED AT 332 SOUTH GOVERNOR STREET; RES. 12-238,
SETTING A PUBLIC HEARING ON JUNE 5, 2012 ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF THE J STREET & SYCAMORE VIEW WATER MAIN - SOUTHEAST JUNIOR
HIGH SANITARY SEWER PROJECT, DIRECTING CITY CLERK TO PUBLISH
NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE
SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 12-239, OF INTENT TO
CONSIDER THE PROPOSED CONVEYANCE OF PROPERTY KNOWN AS THE
PENINSULA NEIGHBORHOOD, FOURTH ADDITION, IN IOWA CITY, IOWA, TO
PENINSULA DEVELOPMENT COMPANY, AND SETTING A PUBLIC HEARING ON
SAID CONVEYANCE FOR JUNE 5, 2012; RES. 12-240, SETTING PUBLIC
HEARING FOR JUNE 5, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY
HOME LOCATED AT 928 LONGFELLOW COURT.
Correspondence: Traffic Engineering Planner regarding Change of parking meter
terms from 30 minutes to 2 hours for spaces numbered G205N and G207N on the
300 block of East Market Street; Traffic Engineering Planner regarding Installation of
(1) NO PARKING CORNER TO HERE sign on the southwest corner of the
intersection of Waterfront Drive and Southgate Avenue; Jesse Burns regarding Safety
Concern - signs in center of street; Sherry Christoffer regarding Request for Transit
Policy Changes; Kaleb Hays regarding Housing Ordinance [Staff response included];
Martha Schut and Doug Peters regarding Bus System; Paula Kinyon regarding
Complete Description
May 15, 2012
Page 3
Audio indication pedestrian signal at First Avenue & Muscatine [Staff response
included]; Al & Bobbi Paxton; Jill Foco; Bonnie Orgren, Sara Henryson regarding
Payday Loan Businesses.
Moved by Mims, seconded by Champion, to adopt RES. 12-241, OF INTENT TO
CONSIDER THE PROPOSED CONVEYANCE OF UTILITY EASEMENTS ON AND
OVER PORTIONS OF 1807 AND 2001 LOWER MUSCATINE ROAD AND SETTING A
PUBLIC HEARING ON SAID PROPOSAL FOR JUNE 5, 2012. The Mayor declared the
motion carried 5/0/1, with Payne abstaining due to a conflict of interest and Dickens
absent.
Moved by Champion, seconded by Payne, to adopt RES. 12-242, AUTHORIZING AN
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ELIEZER A. SOTILLO
RODRIGUEZ (ARTIST) AND MARC MOEN (SPONSOR) FOR INSTALLATION OF
MURAL ON CITY OWNED PROPERTY AT 220 S. DUBUQUE STREET AND
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE
SAME.
Senior Center Commissioner Mark Holbrook, 317 Fairview Ave., updated Council on
activities at The Center. Dorothy Whiston, 317 Mahaska Dr., Coalition for Racial Justice
urged Council to consider a racial equity assessment be done prior to selling public
housing units. Chadd Simmons, Executive Director of Diversity Focus, 2133 Dempster
Dr., regarding formulation of the diversity issues task force.
Moved by Champion, seconded by Mims, to set a public hearing for June 5 on an
ordinance rezoning approximately 1.3-acres of land located south of Harrison Street
between Clinton and Dubuque Streets from Public (P-1) to Institutional Public/Central
Business Service (P-2/CB-2) (REZ12-00007).
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. 12-4480, VACATING .27-ACRES OF STREET RIGHT-OF-WAY
ADJACENT TO LOTS 1-8 MELROSE PLACE (VAC12-00001), be voted on for final
passage at this time. The Mayor requested that Council Members disclose any ex parte
communications, and none were reported. The Mayor declared the motion carried, 5/1,
with the following division of roll call vote: Ayes: Hayek, Mims, Payne, Throgmorton,
Champion. Nays: Dobyns. Absent: Dickens. Moved by Mims, seconded by Payne, that
the ordinance be finally adopted at this time. The Mayor declared the ordinance
adopted, 4/2, with the following division of roll call vote: Ayes: Hayek, Mims, Payne,
Champion. Nays: Dobyns, Throgmorton. Absent: Dickens.
Moved by Champion, seconded by Payne, that ORD 12-4481, 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 passed
and adopted.
Moved by Dobyns, seconded by Mims, that ORD. 12-4482, 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
Complete Description
May 15, 2012
Page 4
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
passed and adopted.
Moved by Mims, seconded by Payne, that ORD. 12-4483, 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 (UIA), be passed and adopted. Individual Council
Members expressed their views. The Mayor declared the ordinance adopted, 5/1, with
the following division of roll call vote: Ayes: Mims, Payne, Champion, Dobyns, Hayek.
Nays: Throgmorton. Absent: Dickens
A public hearing was held on a resolution of conveyance of property known as the
Peninsula Neighborhood, Third Addition, in Iowa City, Iowa, to Peninsula Development
Company. No one appeared.
Moved by Mims, seconded by Payne, to adopt RES. 12-243, AUTHORIZING
CONVEYANCE OF PROPERTY KNOWN AS THE PENINSULA NEIGHBORHOOD,
THIRD ADDITION, IN IOWA CITY, IOWA, TO PENINSULA DEVELOPMENT
COMPANY.
A public hearing was held on a resolution amending the FY2012 Operating Budget.
Finance Director O'Malley present for discussion.
Moved by Champion, seconded by Payne, to adopt RES. 12-244, AMENDING THE
FY2012 OPERATING BUDGET.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the Robert A. Lee Recreation
Center Improvements - East Entry Remodeling 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. 12-245, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE ROBERT A. LEE RECREATION CENTER
IMPROVEMENTS - EAST ENTRY REMODELING 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 conveying vacated portion of Melrose
Place right-of-way to the University of Iowa. The following individuals: Jean Walker, 335
Lucon Dr.; David Kieft, representing the University and Board of Regents; and Nancy
Carlson, 1002 E. Jefferson.
Moved by Payne, seconded by Mims, to adopt RES. 12-246, CONVEYING VACATED
PORTION OF MELROSE PLACE RIGHT-OF-WAY TO THE UNIVERSITY OF IOWA.
Individual Council Members expressed their views. The Mayor declared the resolution
adopted, 4/2, with the following division of roll call vote: Ayes: Hayek, Mims, Payne,
Champion. Nays: Dobyns, Throgmorton. Absent: Dickens.
A public hearing was held on a resolution adopting Iowa City's FY13 Annual Action
Plan which is a sub-part of Iowa City's 2011-2015 Consolidated Plan (City Steps) and
Complete Description
May 15, 2012
Page 5
authorizing the city manager to submit said plan and amendments and all necessary
certifications to the U.S. Department of Housing and Urban Development, and
designating the city manager as the authorized Chief Executive Officer. Community
Development Planner Hightshoe and HCDC Chair Andy Chappell present for
discussion. Moved by Mims, seconded by Throgmorton, to accept correspondence
from Becci Reedus.
Moved by Mims, seconded by Payne, to adopt RES. 12-247, ADOPTING IOWA
CITY'S FY13 ANNUAL ACTION PLAN WHICH IS A SUB-PART OF IOWA CITY'S
2011-2015 CONSOLIDATED PLAN (CITY STEPS) AND AUTHORIZING THE CITY
MANAGER TO SUBMIT SAID PLAN AND AMENDMENTS AND ALL NECESSARY
CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED
CHIEF EXECUTIVE OFFICER. Individual Council Members expressed their views.
A public hearing was held on a resolution adopting the Iowa City Housing Authority's
Annual Plan for Fiscal Year 2012. Housing Adm. Rackis presented a power point.
Moved by Mims, seconded by Payne, to adopt RES. 12-248, ADOPTING THE
IOWA CITY HOUSING AUTHORITY'S ANNUAL PLAN FOR FISCAL YEAR 2012.
Moved by Payne, seconded by Mims, authorizing the Mayor to sign a letter of
support for the Multi-Family Development Program.
Moved by Mims, seconded by Payne, to adopt RES. 12-249, DIRECTING SALE OF
WATER REVENUE REFUNDING BONDS, SERIES 2012C. Finance Dir. O'Malley
present for discussion.
Moved by Dobyns, seconded by Champion, to adopt RES. 12-250, AUTHORIZING
THE REDEMPTION OF OUTSTANDING WATER REVENUE BONDS, SERIES 2002,
OF THE CITY OF IOWA CITY, STATE OF IOWA, DATED NOVEMBER 1, 2002, AND
DIRECTING NOTICE BE GIVEN.
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization and issuance of not to exceed $700,000 General Obligation
Bonds, Series 2012. No one appeared.
Moved by Dobyns, seconded by Payne, to adopt RES. 12-251, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND
ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS,
SERIES 2012.
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization and issuance of not to exceed $700,000 General Obligation
Bonds, Series 2012. No one appeared.
Moved by Mims, seconded by Dobyns to adopt RES. 12-252, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND
ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS,
SERIES 2012.
A public hearing was held on a resolution instituting proceedings to take additional
action for the issuance of not to exceed $650,000 Taxable General Obligation Bonds,
Series 2012. No one appeared.
Moved by Payne, seconded by Throgmorton, to adopt RES. 12-253, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO
EXCEED $650,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012.
Complete Description
May 15, 2012
Page 6
Moved by Payne, seconded by Mims, to adopt RES. 12-254, DIRECTING SALE OF
$9,070,000 GENERAL OBLIGATION BONDS, SERIES 2012A. Finance Dir. O'Malley
present for discussion.
Moved by Payne, seconded by Dobyns, to adopt RES. 12-255, DIRECTING SALE
OF $620,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012B. Finance
Dir. O'Malley present for discussion.
Moved by Champion, seconded by Mims, that ORD. 12-4484, 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 passed and adopted.
Moved by Throgmorton, seconded by Payne, to adopt RES. 12-256, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BY
AND BETWEEN SHIVE-HATTERY, INC. AND THE CITY OF IOWA CITY FOR
MATERIAL TESTING AND INSPECTION SERVICES DURING THE CONSTRUCTION
OF THE WASTEWATER TREATMENT FACILITIES CONSOLIDATION PROJECT.
Moved by Mims, seconded by Payne, to adopt RES. 12-257, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A TWO-YEAR CONTRACT
EXTENSION WITH CITY CARTON COMPANY, INC. TO CONTINUE EXISTING
RECYCLING PROCESSING SERVICES.
Moved by Mims, seconded by Payne, to adopt RES. 12-258, APPROVING THE
BENCHMARK PROJECT. Individual Council Members expressed their views.
Moved by Mims, seconded by Champion, to adopt RES. 12-259, AUTHORIZING
THE AWARD OF A CONTRACT TO COMMUNICATION ENGINEERING
CORPORATION (CEC) FOR A CITY-WIDE SOLUTION FOR NON-PUBLIC SAFETY
RADIOS. Public Works Dir. Fosse presented a power point. Consultant Jeff
Thorsteinson present for discussion. Individual Council Members expressed their views.
Moved by Mims, seconded by Payne, to adopt RES. 12-260, REGARDING
DIVERSITY ISSUES. Pastor John McKinstre, First Christian Church, representing
Consultation of Religious Communities, appeared. Individual Council Members
expressed their views, and noted further discussion of the composition of the committee
would be scheduled for the June 5 work session.
Moved by Mims, seconded by Payne, to adopt RES. 12-261, AUTHORIZING THE
CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST A CONCESSION
AGREEMENT WITH FIN AND FEATHER FOR THE PROVISION OF RECREATIONAL
RENTAL EQUIPMENT AND FOOD SERVICES AT TERRY TRUEBLOOD
RECREATION AREA. Parks & Recreation Dir. Moran presented a power point. Brian
Mildenstein, Fin and Feather, present for discussion. Individual Council Members
expressed their views.
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; 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; Historic Preservation Commission — One vacancy to fill an unexpired term,
effective upon appointment, ending March 29, 2013; Human Rights Commission for an
Complete Description
May 15, 2012
Page 7
unexpired term, effective upon appointment, ending January 1, 2015; Youth Advisory
Commission for a two-year term (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)
January 1, 2011 — December 31, 2012, for Tate High. Applications must be received by
5:00 p.m., Wednesday, May 30, 2012. Board of Library Trustees for an unexpired term,
effective upon appointment, ending June 30, 2013. Applications must be received by
5:00 p.m., Wednesday, June 13, 2012.
The Mayor noted the current vacancies: Housing and Community Development
Commission for three vacancies to fill three-year terms September 1, 2012 — September
1, 2015; Police Citizens Review Board for two vacancies to fill four-year terms
September 1, 2012 —September 1, 2016. Applications must be received by 5:00 p.m.,
Wednesday, June 27, 2012. Applicants MUST reside in Iowa City and be 18 years of
age unless specific qualifications are stated. [Staff will not publish additional notices
after a period of six publications; but will continue to advertise vacancies with postings
and on the Council agenda. However, no additional publication costs will be incurred.]
Council Member Throgmorton stated he would be forwarding suggested changes in
the TIF policy to the Economic Development Committee; and reported on the Jane
Jacobs Walk held the previous week-end and national coverage of the event on FOX
stations.
Mayor Hayek reported that the National Association of Realtors announced its list of
top turnaround towns who have weathered the downturn in the real estate market and
Iowa City ranks 21st; and encouraged the public to attend an event hosted by the
Friends of Historic Preservation planned for May 20 - a walking tour through the Civil
War era which starts at Old Brick at 1:00.
Council Member Throgmorton also noted Bike to Work Week events May 14-18.
City Clerk Karr noted that hand out from Johnson County regarding the June 20 joint
meeting, and questioned interest in a tour of the court house and jail prior to the
meeting. A majority expressed interest in attending.
Moved by Mims, seconded by Payne, to adjourn meeting at 9:25 p.m.
Matthew J. Hay k, Mayor
Marian K. Karr, City Clerk
r 05--
CITY
O F I O N A CITY
3= I� '
O117 -vr MEMORANDUM
Date: May 8, 2012
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, May 1, 2012, 5:00 PM in Emma J. Harvat Hall
Council: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton
UISG: Uttermark
Staff: Markus, Fruin, Dilkes, Karr, Davidson, Howard, Miklo, Moran, O'Brien, Morris,
Hargadine, Bentley, Havel, Hansen, Niichel - Hegwood, O'Malley, Cohn, Fosse
(A complete transcription is available in the City Clerk's Office and the City website)
COUNCIL APPOINTMENTS [Agenda #25]
Airport Commission — re- advertise
Airport Zoning Brd of Adjustment — re advertise
Airport Zoning Brd of Adjustment — re- advertise
Airport Zoning Commission — re- advertise
Airport Zoning Commission — re- advertise
Police Citizens Review Board — Kingsley Botchway II
PLANNING & ZONING ITEMS
In response to questions, City Atty. Dilkes summarized her earlier memo regarding "Rezonings,
Due Process and Ex parte communications ", and stated each agenda (at the beginning of the
Planning & Zoning section) lists the items that should be discussed only at the formal meeting.
ITEM 6d 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).
Planner Howard and Senior Planner Miklo presented a power point (archived with the City
Clerk) and responded to questions.
ITEM 6a VACATING .27 -ACRES OF STREET RIGHT -OF -WAY ADJACENT TO LOTS 1-
8 MELROSE PLACE. (VAC12- 00001)
PCD Dir. Davidson presented a power point (archived with the City Clerk) and responded to
questions.
AGENDA ITEMS
1. (Agenda item # 9 — plans, specifications, .... Construction of the Fire and Police Department
Interior Remodeling Project ...) Mayor Hayek noted that architectural services coordinator
Morris was present to answer any questions but would not be attending the formal meeting.
Council Work Session
May 1, 2012
Page 2
Council Member Throgmorton indicated an interest to tour the departments and would follow
up with staff.
2. (Agenda items 13 -16, General Obligation Bonds ......) Finance Dir. O'Malley noted the
revisions were necessary to correct a publication error, and the hearings were being re -set
for the next meeting.
3. (Agenda item # 20 — rejecting bids ... Lower Muscatine Road Reconstruction Project ... )
Civil Engr. Havel reported staff was researching why the bids came in as high as they did,
and would then determine if the scope of the project would be changed prior to rebidding.
Staff will come back to Council with a recommendation at a later time.
NON - PUBLIC SAFETY RADIO SYSTEM
Public Works Dir. Fosse presented a power point (archived with the City Clerk) and distributed
hard copies of the power point. Others present were:
• Tom Hansen, City equipment superintendent and project manager
• Jeff Thorsteinson, radio system consultant (Involta)
• Mary Niichel - Hegwood, City Purchasing Agent
• Gary Cohn, City IT Coordinator
STAFF ACTION: Prepare a resolution to award the contract to CEC for May 15 formal
meeting as outlined. (Fosse)
LEGISLATIVE ISSUES UPDATE
Handout — Property Tax Iowa City (email from the City Manager to area legislators)
City Manager Markus and Asst. to the City Manager Fruin presented information on:
➢ TIF Reform
➢ Property Tax Reform and change of apartment classification to residential
➢ Changing the telephone equipment taxation
➢ 411 Pension System Reform
➢ Passenger Rail Service
INFORMATION PACKET DISCUSSION [April 19 & 26]
None
COUNCIL TIME
1. Council Member Dobyns referenced a proposed resolution submitted by Council
Member Throgmorton a couple of weeks earlier and provided an update of discussions
held with Council Member Throgmorton and himself and that the scope may be
broadened and may be proclamation or resolution and could include some operational
changes in some Boards and Commissions. Both Council Members will be meeting with
the City Manager and City Attorney and other stakeholders and provide further
information to Council in the next few weeks.
2. Council Member Throgmorton requested changes in the Council consideration of TIF's,
including a two week review time between presentation to Council and Council acting on
the request; and notification to the County and School Board in advance. It was
suggested that Council Member Throgmorton review the Economic Development
policies adopted by Council, and then schedule for discussion with the Economic
Development Committee.
Council Work Session
May 1, 2012
Page 3
PENDING WORK SESSION TOPICS [IP #41
Council agreed to add:
Identify separate discussion for Neighborhood Stabilization
Discussion of backyard /urban chickens
MEETING SCHEDULE /UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS
None
Meeting adjourned 6:40 PM.
�'-
3a(2)
Subject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356 -5040.
The cost of publishing the following proceedings and claims is $
Cumulative cost for this calendar year for said publication is $_
OFFICIAL COUNCIL ACTIONS — 5/1/12
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 May as Older Americans Month, and Bicycle Month.
The Mayor presented Outstanding Student Citizenship Awards to Longfellow
Elementary students: Adeline Bradley, Caroline Gianola, Edie Knoop.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved and seconded that the items and recommendations in the Consent Calendar
be received, or approved, and /or adopted as amended /presented:
Approval of Council Actions, subject to corrections, as recommended by the City
Clerk: April 17 Council Work Session; April 17 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 — March 9; Housing And Community Development — March 8; Housing
And Community Development — March 22; Human Rights — March 20.
Permit Motions and Resolutions as Recommended by the City Clerk: (New)
Class C Beer Permit for Dolgencorp, LLC, dba Dollar General Store #8137, 41
Highway 1 West.
Resolutions and Motions: RES. 12 -199, ACCEPTING THE WORK FOR THE
SYCAMORE STREET FROM LANGENBERG AVENUE TO U.S. HIGHWAY 6
IMPROVEMENTS PROJECT; RES. 12 -200, ACCEPTING THE WORK FOR THE
WASHINGTON STREET TWO -WAY CONVERSION PROJECT; RES. 12 -201,
ONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE FEMA
DEMOLITION - ANIMAL SHELTER PROJECT; RES. 12 -202, CONSIDER A
RESOLUTION ACCEPTING THE WORK FOR THE 404 - HMGP DEMOLITIONS
PROJECT - CONTRACT #5; RES. 12 -203, CONSIDER A RESOLUTION
ACCEPTING THE WORK FOR THE 404 - HMGP DEMOLITIONS PROJECT -
CONTRACT #6; RES. 12 -204, ACCEPTING THE WORK FOR THE CDBG
DEMOLITIONS PROJECT - CONTRACT #4; RES. 12 -205, ACCEPTING THE
WORK FOR THE NORTHSIDE MARKETPLACE IMPROVEMENT PROJECT;
RES. 12 -206, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA
CITY, IOWA FOR PROPERTY LOCATED AT 1706 FLATIRON AVENUE, IOWA
CITY, IOWA. Approve disbursements in the amount of $8,920,605.47 for the period
of March 1 through March 31, 2012, as recommended by the Finance Director
subject to audit disbursements are published and permanently retained in the City
Clerk's office in accordance with state code.
Setting Public Hearings: RES. 12 -207, SETTING A PUBLIC HEARING ON MAY
15, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
Official Actions
May 1, 2012
Page 2
OF COST FOR THE CONSTRUCTION OF THE ROBERT A. LEE RECREATION
CENTER IMPROVEMENTS - EAST ENTRY REMODELING PROJECT,
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND
DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR
PUBLIC INSPECTION; RES. 12 -208, INTENT TO CONSIDER THE PROPOSED
CONVEYANCE OF A PORTION OF MELROSE PLACE RIGHT -OF -WAY TO THE
UNIVERSITY OF IOWA AND SETTING A PUBLIC HEARING ON SAID PROPOSAL
FOR MAY 15,2012; RES. 12 -209, INTENT TO CONSIDER THE PROPOSED
CONVEYANCE OF PROPERTY KNOWN AS THE PENINSULA NEIGHBORHOOD,
THIRD ADDITION, IN IOWA CITY, IOWA, TO PENINSULA DEVELOPMENT
COMPANY, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR
MAY 15,2012; RES. 12 -210, SETTING A PUBLIC HEARING ON AMENDING THE
FY2012 OPERATING BUDGET.
Correspondence: Traffic Engineering Planner regarding Removal of one on- street
metered parking space (L224S) and establishment of a COMMERICAL LOADING
ZONE 30 MINUTE LIMIT 6 AM — 5 PM with a 2 AM TO TOW -AWAY ZONE on the
east side of the 200 block of South Linn Street, south of the driveway for the 224
South Linn Street property; Traffic Engineering Planner regarding Installation of (1)
NO PARKING HERE TO CORNER sign on the southwest corner of the northern most
intersection of Mormon Trek Boulevard and Bartelt Road, and installation of (1) NO
PARKING CORNER TO HERE sign on the northwest corner of the southernmost
intersection of Mormon Trek Boulevard and Bartelt Road; City Engineer regarding
Competitive Quotation Results — 2012 Water Main Directional Boring; 2012 Pavement
Replacement for Water Main; Sherry Christoffer regarding Difficulties in City Transit
for persons with disability [Staff response included]; Dee Miller regarding Re- Naming
Broadway Street; Mary Knudson regarding Miller Orchard kids walking to Horn [Staff
response included]; Dean Rammelsberg regarding Allowing Chickens in Backyards
Frank Salomon: A quiet zone for IC? [Staff response included]; Marianne Wilkening
regarding PATV; Mark Patton, Iowa Valley Habitat for Humanity regarding
Comments on FY13 Annual Action Plan and CITY STEPs.
Vera Schneider appeared with safety concerns allowing begging for money on street
corners or in street medians; and requested a stop sign near the Old Capitol Mall
downtown.
A public hearing was held on an ordinance vacating .27 -acres of street right -of -way
adjacent to Lots 1 -8 Melrose Place. (VAC12- 00001). Moved and seconded to accept
correspondence from Jean Walker (2).
Moved and seconded that the ordinance vacating .27 -acres of street right -of -way
adjacent to Lots 1 -8 Melrose Place (VAC12- 00001), be given first vote. The Mayor
declared the motion carried, 5/2, with the following division of roll call vote: Ayes:
Dickens, Hayek, Mims, Payne, Champion. Nays: Dobyns, Throgmorton.
Moved and seconded 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 (McDonald's REZ12- 00003), be given second vote.
Casey Cook, # 1 Oak Park Ct., appeared.
Official Actions
May 1, 2012
Page 3
Moved and seconded that the ordinance amending Title 14, Zoning, Articles 2B and 2C,
and Paragraph 14- 4134A -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 second vote. Moved and seconded to accept correspondence
from Glenn Siders and Michael Pugh (2) representing the Homebuilders Association.
Moved and seconded 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 second vote. Moved and seconded to defer
ordinance to May 15. Motion to defer defeated, 1/6, with Throgmorton voting "yes ".
Moved and seconded to accept correspondence from Michael Pugh (2) representing the
Homebuilders Association.
Moved and seconded that ORD. 12 -4477, 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 passed and adopted.
Moved and seconded that ORD. 12 -4478, DESIGNATING 1.25 -ACRES OF LAND
LOCATED AT 108 MCLEAN STREET AS AN IOWA CITY HISTORIC LANDMARK
(REZ12- 00004), 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-
4479, 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 voted on for final passage at this time.
Moved and seconded that the ordinance be finally adopted at this time.
Moved and seconded to adopt RES. 12 -211, APPROVING THE FINAL PLAT OF
PENINSULA NEIGHBORHOOD THIRD ADDITION, IOWA CITY, IOWA.
Moved and seconded to adopt RES. 12 -212, APPROVING THE FINAL PLAT OF
PENINSULA NEIGHBORHOOD FOURTH ADDITION, IOWA CITY, IOWA.
A public hearing was held on a resolution of conveyance of a Concrete Flume
Drainage Easement in the vacated alley adjacent to Lots 10 and 11, Manville Heights
Addition, Iowa City, Iowa.
Moved and seconded to adopt RES. 12 -213, CONVEYANCE OF A CONCRETE
FLUME DRAINAGE EASEMENT IN THE VACATED ALLEY ADJACENT TO LOTS 10
AND 11, MANVILLE HEIGHTS ADDITION, IOWA CITY, IOWA.
A public hearing was held on a resolution approving the sale to Robert and Doris
Swartzendruber of Auditor's Parcel 2011092, consisting of approximately .99 acres,
located immediately south of their home, adjacent to the Iowa City Landfill, and
authorizing conveyance in accordance herewith.
Moved and seconded to adopt RES. 12 -214, APPROVING THE SALE TO ROBERT
AND DORIS SWARTZENDRUBER OF AUDITOR'S PARCEL 2011092, CONSISTING
OF APPROXIMATELY .99 ACRES, LOCATED IMMEDIATELY SOUTH OF THEIR
Official Actions
May 1, 2012
Page 4
HOME, ADJACENT TO THE IOWA CITY LANDFILL, AND AUTHORIZING
CONVEYANCE IN ACCORDANCE HEREWITH.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the Fire and Police Department
Interior Remodeling Project 2012, 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 -215, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE FIRE AND POLICE DEPARTMENT INTERIOR
REMODELING PROJECT 2012, 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 instituting proceedings to take additional
action for the issuance of not to exceed $6,000,000 Water Revenue Refunding Bonds,
Series 2012C.
Moved and seconded to adopt RES. 12 -216, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $6,000,000
WATER REVENUE REFUNDING BONDS, SERIES 2012C.
Moved and seconded to adopt RES. 12 -217, DIRECTING THE ADVERTISEMENT
FOR SALE OF $5,060,000 WATER REVENUE REFUNDING BONDS, SERIES 2012C,
AND APPROVING ELECTRONIC BIDDING PROCEDURES AND OFFICIAL
STATEMENT.
A public hearing was held on a resolution instituting proceedings to take additional
action for the issuance of not to exceed $7,950,000 General Obligation Bonds, Series
2012.
Moved and seconded to adopt RES. 12 -218, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $7,950,000
GENERAL OBLIGATION BONDS, SERIES 2012.
Moved and seconded to adopt RES. 12 -219, CANCELLING PUBLIC HEARING AND
MEETING PREVIOUSLY SCHEDULED AND FIXING DATE 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 and seconded to adopt RES. 12 -220, CANCELLING PUBLIC HEARING
AND MEETING PREVIOUSLY SCHEDULED AND FIXING DATE 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 and seconded to adopt RES. 12 -221, CANCELLING PUBLIC HEARING
AND MEETING PREVIOUSLY SCHEDULED AND FIXING DATE 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 and seconded to adopt RES. 12 -222, DIRECTING THE ADVERTISEMENT
FOR SALE OF $9,070,000 GENERAL OBLIGATION BONDS, SERIES 2012A, AND
Official Actions
May 1, 2012
Page 5
$620,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 20128, AND
APPROVING ELECTRONIC BIDDING PROCEDURES AND OFFICIAL STATEMENT.
Moved and seconded 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 second vote.
Moved and seconded to adopt RES. 12 -223, APPROVING FUNDING FOR
MOLLY'S CUPCAKES IOWA CITY, L.L.C. 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 and seconded to adopt RES. 12 -224, AWARDING CONTRACT to Peterson
Contractors for $1,267,177.20 AND AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY
INDUSTRIAL CAMPUS RAILROAD SIDING AND SPUR IMPROVEMENTS PROJECT.
Moved and seconded to adopt RES. 12 -225, REJECTING BIDS RECEIVED ON
APRIL 17, 2012 FOR THE LOWER MUSCATINE ROAD RECONSTRUCTION
PROJECT (KIRKWOOD AVE. TO 1ST AVE.) [STP -U- 3715(37)-- 70 -52].
Moved and seconded to adopt RES. 12 -226, AUTHORIZING THE ACQUISITION
OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE ROCKY
SHORE DRIVE PUMP STATION AND FLOODGATE PROJECT.
Moved and seconded to adopt RES. 12 -227, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA, FOR THE APPLICATION AND
ADMINISTRATION OF ANY AWARDED EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT (JAG) PROGRAM AWARDS.
Moved and seconded to adopt RES. 12 -228, AMENDING THE BUDGETED
POSTIONS IN THE FINANCE DEPARTMENT BY REDUCING THE AUTHORIZED
POSITION OF PURCHASING CLERK TO 1.0 EMPLOYEE AND INCREASING THE
AUTHORIZED POSITION OF BUDGET ANALYST TO 2.0 EMPLOYEES.
Moved and seconded to approve the appointment of Matt Uttermark as the City
Council Liaison and Alec Bramel as alternate from the University of Iowa Student
Government (UISG) to the City Council until May 1, 2013. Moved and seconded to
accept correspondence from UISG President Nicholas Pottebaum. The Mayor
presented a Certificate of Appreciation to outgoing UISG Liaison Cody Graham.
The Mayor noted the previously announced vacancies: Historic Preservation
Commission to fill an unexpired term, effective upon appointment, ending March 29,
2013; Human Rights Commission to fill an unexpired term, effective upon appointment,
ending January 1, 2015; Youth Advisory Commission for a two -year term
(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) January 1, 2011 — December 31,
2012 for Tate High. Applications must be received by 5:00 p.m., Wednesday, May 30,
2012.
The Mayor announced the current vacancy: Library Board of Trustees — One
vacancy to fill an unexpired term, effective upon appointment, ending June 30, 2013.
Official Actions
May 1, 2012
Page 6
Applications must be received by 5:00 p.m., Wednesday, June 13, 2012. Moved and
seconded to accept correspondence from John Kenyon.
Moved and seconded to appoint Kingsley Botchway II to the Police Citizens Review
Board for an unexpired term, effective upon appointment, ending September 1, 2013.
The Mayor noted no applications were received for the following 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). 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 regular meeting 8:10 p.m.
A more complete description of Council Activities and disbursements is on file in the
office of the City Clerk and Finance Department.
s /Matthew J. Hayek, Mayor
s /Marian K. Karr, City CI r
Submitted for publication — 5/9/12.
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
MAY 1, 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, Davidson, Howard, Hargadine, O'Brien, Fosse Bentley, O'Malley, Scott, Clark,
Havel.
The Mayor proclaimed May as Older Americans Month, and Bicycle Month.
The Mayor presented Outstanding Student Citizenship Awards to Longfellow
Elementary students: Adeline Bradley, Caroline Gianola, Edie Knoop.
Unless otherwise noted all actions were affirmative and unanimous.
Moved by Champion, seconded by Dickens, that the items and recommendations in
the Consent Calendar be received, or approved, and /or adopted as
amended /presented:
Approval of Council Actions, subject to corrections, as recommended by the City
Clerk: April 17 Council Work Session; April 17 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 — March 9; Housing And Community Development — March 8; Housing
And Community Development — March 22; Human Rights — March 20.
Permit Motions and Resolutions as Recommended by the City Clerk: (New)
Class C Beer Permit for Dolgencorp, LLC, dba Dollar General Store #8137, 41
Highway 1 West.
Resolutions and Motions: RES. 12 -199, ACCEPTING THE WORK FOR THE
SYCAMORE STREET FROM LANGENBERG AVENUE TO U.S. HIGHWAY 6
IMPROVEMENTS PROJECT; RES. 12 -200, ACCEPTING THE WORK FOR THE
WASHINGTON STREET TWO -WAY CONVERSION PROJECT; RES. 12 -201,
ONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE FEMA
DEMOLITION - ANIMAL SHELTER PROJECT; RES. 12 -202, CONSIDER A
RESOLUTION ACCEPTING THE WORK FOR THE 404 - HMGP DEMOLITIONS
PROJECT - CONTRACT #5; RES. 12 -203, CONSIDER A RESOLUTION
ACCEPTING THE WORK FOR THE 404 - HMGP DEMOLITIONS PROJECT -
CONTRACT #6; RES. 12 -204, ACCEPTING THE WORK FOR THE CDBG
DEMOLITIONS PROJECT - CONTRACT #4; RES. 12 -205, ACCEPTING THE
WORK FOR THE NORTHSIDE MARKETPLACE IMPROVEMENT PROJECT;
RES. 12 -206, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA
CITY, IOWA FOR PROPERTY LOCATED AT 1706 FLATIRON AVENUE, IOWA
CITY, IOWA. Approve disbursements in the amount of $8,920,605.47 for the period
of March 1 through March 31, 2012, as recommended by the Finance Director
subject to audit disbursements are published and permanently retained in the City
Clerk's office in accordance with state code.
Complete Description
May 1, 2012
Page 2
Setting Public Hearings: RES. 12 -207, SETTING A PUBLIC HEARING ON MAY
15, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
OF COST FOR THE CONSTRUCTION OF THE ROBERT A. LEE RECREATION
CENTER IMPROVEMENTS - EAST ENTRY REMODELING PROJECT,
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND
DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR
PUBLIC INSPECTION; RES. 12 -208, INTENT TO CONSIDER THE PROPOSED
CONVEYANCE OF A PORTION OF MELROSE PLACE RIGHT -OF -WAY TO THE
UNIVERSITY OF IOWA AND SETTING A PUBLIC HEARING ON SAID PROPOSAL
FOR MAY 15,2012; RES. 12 -209, INTENT TO CONSIDER THE PROPOSED
CONVEYANCE OF PROPERTY KNOWN AS THE PENINSULA NEIGHBORHOOD,
THIRD ADDITION, IN IOWA CITY, IOWA, TO PENINSULA DEVELOPMENT
COMPANY, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR
MAY 15,2012; RES. 12 -210, SETTING A PUBLIC HEARING ON AMENDING THE
FY2012 OPERATING BUDGET.
Correspondence: Traffic Engineering Planner regarding Removal of one on- street
metered parking space (1_224S) and establishment of a COMMERICAL LOADING
ZONE 30 MINUTE LIMIT 6 AM — 5 PM with a 2 AM TO TOW -AWAY ZONE on the
east side of the 200 block of South Linn Street, south of the driveway for the 224
South Linn Street property; Traffic Engineering Planner regarding Installation of (1)
NO PARKING HERE TO CORNER sign on the southwest corner of the northern most
intersection of Mormon Trek Boulevard and Bartelt Road, and installation of (1) NO
PARKING CORNER TO HERE sign on the northwest corner of the southernmost
intersection of Mormon Trek Boulevard and Bartelt Road; City Engineer regarding
Competitive Quotation Results — 2012 Water Main Directional Boring; 2012 Pavement
Replacement for Water Main; Sherry Christoffer regarding Difficulties in City Transit
for persons with disability [Staff response included]; Dee Miller regarding Re- Naming
Broadway Street; Mary Knudson regarding Miller Orchard kids walking to Horn [Staff
response included]; Dean Rammelsberg regarding Allowing Chickens in Backyards
Frank Salomon: A quiet zone for IC? [Staff response included]; Marianne Wilkening
regarding PAN; Mark Patton, Iowa Valley Habitat for Humanity regarding
Comments on FY13 Annual Action Plan and CITY STEPs.
Vera Schneider appeared with safety concerns allowing begging for money on street
corners or in street medians; and requested a stop sign near the Old Capitol Mall
downtown.
A public hearing was held on an ordinance vacating .27 -acres of street right -of -way
adjacent to Lots 1 -8 Melrose Place. (VAC12- 00001). No one appeared. Moved by
Throgmorton, seconded by Dickens, to accept correspondence from Jean Walker (2).
Moved by Mims, seconded by Payne, that the ordinance vacating .27 -acres of
street right -of -way adjacent to Lots 1 -8 Melrose Place (VAC12- 00001), be given first
vote. Individual Council Members expressed their views. The Mayor declared the
motion carried, 5/2, with the following division of roll call vote: Ayes: Dickens, Hayek,
Mims, Payne, Champion. Nays: Dobyns, Throgmorton.
Moved by Payne, seconded by Champion, 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
Complete Description
May 1, 2012
Page 3
near its intersection with Highway 1 West (McDonald's REZ12- 00003), be given second
vote. The Mayor requested Council disclose any ex parte communications and none
were reported. Casey Cook, # 1 Oak Park Ct., appeared.
Moved by Champion, seconded by Payne, 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 second vote. City Planner Howard present
for discussion. Moved by Mims, seconded by Dobyns, to accept correspondence from
Glenn Siders and Michael Pugh (2) representing the Homebuilders Association.
Moved by Mims, seconded by Payne, 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 second vote. City Planner Howard
present for discussion. Individual Council Members expressed their views. Moved by
Throgmorton, seconded by Dickens, to defer ordinance to May 15. Motion to defer
defeated, 1/6, with Throgmorton voting "yes ". Moved by Mims, seconded by Champion,
to accept correspondence from Michael Pugh (2) representing the Homebuilders
Association.
Moved by Dobyns, seconded by Payne, that ORD. 12 -4477, 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 passed and adopted.
Moved by Champion, seconded by Dickens, that ORD. 12 -4478, DESIGNATING
1.25 -ACRES OF LAND LOCATED AT 108 MCLEAN STREET AS AN IOWA CITY
HISTORIC LANDMARK (REZ12- 00004), 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 -4479, 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 voted on for final passage at this time.
PCD Dir. Davidson present for discussion. The Mayor declared the motion carried.
Moved by Mims, seconded by Throgmorton, that the ordinance be finally adopted at this
time. The Mayor declared the ordinance adopted.
Moved by Champion, seconded by Dickens, to adopt RES. 12 -211, APPROVING
THE FINAL PLAT OF PENINSULA NEIGHBORHOOD THIRD ADDITION, IOWA CITY,
IOWA.
Moved by Dobyns, seconded by Payne, to adopt RES. 12 -212, APPROVING THE
FINAL PLAT OF PENINSULA NEIGHBORHOOD FOURTH ADDITION, IOWA CITY,
IOWA.
A public hearing was held on a resolution of conveyance of a Concrete Flume
Drainage Easement in the vacated alley adjacent to Lots 10 and 11, Manville Heights
Addition, Iowa City, Iowa. No one appeared.
Complete Description
May 1, 2012
Page 4
Moved by Dobyns, seconded by Dickens, to adopt RES. 12 -213, CONVEYANCE OF
A CONCRETE FLUME DRAINAGE EASEMENT IN THE VACATED ALLEY ADJACENT
TO LOTS 10 AND 11, MANVILLE HEIGHTS ADDITION, IOWA CITY, IOWA.
A public hearing was held on a resolution approving the sale to Robert and Doris
Swartzendruber of Auditor's Parcel 2011092, consisting of approximately .99 acres,
located immediately south of their home, adjacent to the Iowa City Landfill, and
authorizing conveyance in accordance herewith. No one appeared.
Moved by Dobyns, seconded by Payne, to adopt RES. 12 -214, APPROVING THE
SALE TO ROBERT AND DORIS SWARTZENDRUBER OF AUDITOR'S PARCEL
2011092, CONSISTING OF APPROXIMATELY .99 ACRES, LOCATED IMMEDIATELY
SOUTH OF THEIR HOME, ADJACENT TO THE IOWA CITY LANDFILL, AND
AUTHORIZING CONVEYANCE IN ACCORDANCE HEREWITH.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the Fire and Police Department
Interior Remodeling Project 2012, 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 -215, APPROVING
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE FIRE AND POLICE DEPARTMENT INTERIOR
REMODELING PROJECT 2012, 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 instituting proceedings to take additional
action for the issuance of not to exceed $6,000,000 Water Revenue Refunding Bonds,
Series 2012C. Finance Dir. O'Malley present for discussion.
Moved by Mims, seconded by Dickens, to adopt RES. 12 -216, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO
EXCEED $6,000,000 WATER REVENUE REFUNDING BONDS, SERIES 2012C.
Moved by Throgmorton, seconded by Payne, to adopt RES. 12 -217, DIRECTING
THE ADVERTISEMENT FOR SALE OF $5,060,000 WATER REVENUE REFUNDING
BONDS, SERIES 2012C, AND APPROVING ELECTRONIC BIDDING PROCEDURES
AND OFFICIAL STATEMENT.
A public hearing was held on a resolution instituting proceedings to take additional
action for the issuance of not to exceed $7,950,000 General Obligation Bonds, Series
2012. No one appeared.
Moved by Mims, seconded by Dickens, to adopt RES. 12 -218, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO
EXCEED $7,950,000 GENERAL OBLIGATION BONDS, SERIES 2012. Finance Dir.
O'Malley present for discussion.
Moved by Throgmorton, seconded by Dobyns, to adopt RES. 12 -219, CANCELLING
PUBLIC HEARING AND MEETING PREVIOUSLY SCHEDULED AND FIXING DATE
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.
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May 1, 2012
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Moved by Mims, seconded by Payne, to adopt RES. 12 -220, CANCELLING PUBLIC
HEARING AND MEETING PREVIOUSLY SCHEDULED AND FIXING DATE 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 Champion, seconded by Throgmorton, to adopt RES. 12 -221,
CANCELLING PUBLIC HEARING AND MEETING PREVIOUSLY SCHEDULED AND
FIXING DATE 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 Mims, seconded by Dickens, to adopt RES. 12 -222, DIRECTING THE
ADVERTISEMENT FOR SALE OF $9,070,000 GENERAL OBLIGATION BONDS,
SERIES 2012A, AND $620,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES
2012B, AND APPROVING ELECTRONIC BIDDING PROCEDURES AND OFFICIAL
STATEMENT.
Moved by Champion, 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 second vote.
Moved by Mims, seconded by Dickens, to adopt RES. 12 -223, APPROVING
FUNDING FOR MOLLY'S CUPCAKES IOWA CITY, L.L.C. 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 Dickens, seconded by Mims, to adopt RES. 12 -224, AWARDING
CONTRACT to Peterson Contractors for $1,267,177.20 AND AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE IOWA CITY INDUSTRIAL CAMPUS RAILROAD SIDING
AND SPUR IMPROVEMENTS PROJECT.
Moved by Dobyns, seconded by Champion, to adopt RES. 12 -225, REJECTING
BIDS RECEIVED ON APRIL 17, 2012 FOR THE LOWER MUSCATINE ROAD
RECONSTRUCTION PROJECT (KIRKWOOD AVE. TO 1ST AVE.) [STP-U- 3715(37) --
70-52].
Moved by Champion, seconded by Dobyns, to adopt RES. 12 -226, AUTHORIZING
THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR
CONSTRUCTION OF THE ROCKY SHORE DRIVE PUMP STATION AND
FLOODGATE PROJECT. Spec. Project Adm. Clark present for discussion.
Moved by Mims, seconded by Dickens, to adopt RES. 12 -227, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA, FOR THE
APPLICATION AND ADMINISTRATION OF ANY AWARDED EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARDS.
Moved by Mims, seconded by Throgmorton, to adopt RES. 12 -228, AMENDING THE
BUDGETED POSTIONS IN THE FINANCE DEPARTMENT BY REDUCING THE
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AUTHORIZED POSITION OF PURCHASING CLERK TO 1.0 EMPLOYEE AND
INCREASING THE AUTHORIZED POSITION OF BUDGET ANALYST TO 2.0
EMPLOYEES. Finance Dir. O'Malley and Asst. to the City Mgr. Fruin present for
discussion.
Moved by Mims, seconded by Dickens, to approve the appointment of Matt
Uttermark as the City Council Liaison and Alec Bramel as alternate from the University
of Iowa Student Government (UISG) to the City Council until May 1, 2013. Moved by
Mims, seconded by Dickens, to accept correspondence from UISG President Nicholas
Pottebaum. The Mayor presented a Certificate of Appreciation to outgoing UISG
Liaison Cody Graham.
The Mayor noted the previously announced vacancies: Historic Preservation
Commission to fill an unexpired term, effective upon appointment, ending March 29,
2013; Human Rights Commission to fill an unexpired term, effective upon appointment,
ending January 1, 2015; Youth Advisory Commission for a two -year term
(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) January 1, 2011 — December 31,
2012 for Tate High. Applications must be received by 5:00 p.m., Wednesday, May 30,
2012.
The Mayor announced the current vacancy: Library Board of Trustees — One
vacancy to fill an unexpired term, effective upon appointment, ending June 30, 2013.
Applications must be received by 5:00 p.m., Wednesday, June 13, 2012. Moved by
Throgmorton, seconded by Mims, to accept correspondence from John Kenyon.
Moved by Champion, seconded by Mims, to appoint Kingsley Botchway II to the
Police Citizens Review Board for an unexpired term, effective upon appointment, ending
September 1, 2013.
The Mayor noted no applications were received for the following 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). 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 Dickens noted the opening of the East Side Recycling Center, and
thanked Mayor Hayek for his remarks.
Mayor Pro tem Mims reminded citizens of two upcoming forums, Black Americans in
Iowa City scheduled May 2nd at the Library; and the Police Citizens Review Board forum
on May 9t" at the Library.
Council Member Champion thanked everyone for their efforts and a job well done on
the Olympic Trials.
Council Member Throgmorton stated he and his daughter attended President
Obama's speech at the University Field House , noting it was a great experience;
reported on attending the ICAD luncheon with Mayor Hayek; thanked Jeanette Pilak for
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May 1, 2012
Page 7
her service and welcomed John Kenyon as the Interim Director to the City of Literature;
reported on the recent ECICOG meeting; and shared comments on attending a
performance of "Mayberry", a new play on race relations in Iowa City.
Mayor Hayek also thanked City of Literature outgoing Director Jeanette Pilak for her
work, and welcomed interim director John Kenyon; complimented staff and the
community on the Olympic Trials fantastic experience; noted BASTA outdoor cafe went
up; and noted the great job done by local young man Zach Wahls on national
interviews.
City Manager Markus announced that the first City Farmers Market for the year
starts May 2" .
Moved by Mims, seconded by Payne, to adjourn regular meeting 8:10 p.m.
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk