HomeMy WebLinkAbout2012-08-21 Council minutes( *Revised 9/17/12)
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
AUGUST 21, 2012
Iowa City City Council regular meeting, 7:00 p.m. Mayor Hayek presiding. Council
Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton.
Absent: None. Staff members present: Markus, Fruin, Bentley, Dilkes, Karr, Davidson,
Fosse, O'Brien, Moran, Hargadine, Knoche, Tharp, Boothroy, Sandberg, Scott, Andrew.
The Mayor proclaimed Mercy Hospital Guild 50th Anniversary — 2012. Ron Reed,
President and CEO and Carly Ambrisco, Mercy Guild President accepting.
*Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Champion, seconded by Payne that the items and recommendations in
the Consent Calendar be approved and /or adopted as amended:
Approval of Council Actions, subject to corrections, as recommended by the City
Clerk: July 31 Council Work Session; July 31 Special Council Formal Official &
Complete (x2); August 13 Special Council Formal Official & Complete.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Airport
Commission — June 21; Historic Preservation Commission — May 10; Historic
Preservation Commission — June 14; Historic Preservation Commission — July 12;
Planning & Zoning Commission — July 19; Senior Center Commission — May 17.
Permit Motions and Resolutions as Recommended by the City Clerk.
(New): Class C Liquor License for Micky's, LLC, dba Micky's Irish Pub, 11 S.
Dubuque St.; Outdoor Service Area for Micky's, LLC, dba Micky's Irish Pub, 11 S.
Dubuque St.; Five -Day Class B Beer Permit for Iowa City Fall Fun Festival, Inc., dba
Fall Fun Festival Tent A, 2140 Rochester Ave. (8/31/12 — 9/4/12); Five -Day Class B
Beer Permit for Iowa City Fall Fun Festival, Inc., dba Fall Fun Festival Tent B, 2140
Rochester Ave. (8/31/12 — 9/4/12); Outdoor Service Area Permit for Iowa City Fall
Fun Festival, Inc., dba Fall Fun Festival, 2140 Rochester Ave. (Renewal) Class C
Liquor License for Chackalackal, Inc., dba One Twenty Six, 126 E. Washington St.;
Class C Liquor License for Jaxco, LLC, dba BlackStone, 503 Westbury Dr. Suite 1.;
Class C Liquor License for George's Buffet, Inc., dba George's Buffet, 321 E. Market
St.; Class C Liquor License for Eckhardt Management dba 2 Dogs Pub, 1700 S.
First Ave. Suite Q; Class C Liquor License for Etre Restaurant Group, LLC, dba
Takanami, 219 Iowa Ave.; Class C Beer Permit for IC Pit Stop, LLC, dba I.C. Pit
Stop, 300 Kirkwood Ave.; Class C Beer Permit for New Pioneer Cooperative Society
dba New Pioneer Co Op Fresh Food Market, 22 S. Van Buren St.; Class C Liquor
License for Hall Place Ventures, Corp., dba Airliner Bar, 22 S. Clinton St.; Outdoor
Service Area for Hall Place Ventures, Corp., dba Airliner Bar, 22 S. Clinton St.;
Class C Liquor License for Cream, LLC, dba The Union Bar, 121 E. College St.;
RES. 12 -366, TO ISSUE DANCING PERMIT to Iowa City Fall Fun Festival, Inc., dba
Fall Fun Festival, 2140 Rochester Ave.; Class C Liquor License for Atlas World Grill,
Inc., dba Atlas World Grill, 127 Iowa Ave.
Resolutions and Motions: RES. 12 -367, ABOLISHING THE YOUTH ADVISORY
COMMISSION FOR THE CITY OF IOWA CITY, IOWA, AND REPEALING
RESOLUTION NO. 05 -371; RES. 12 -368, AUTHORIZING THE MAYOR TO SIGN
AND CITY CLERK TO ATTEST A LEASE AGREEMENT WITH BURLINGTON
TRAILWAYS FOR COURT STREET TRANSPORTATION CENTER SPACE; RES.
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
AUGUST 21, 2012
Iowa City City Council regular meeting, 7:00 p.m. Mayor Hayek pfesiding. Council
Members present: Champion, Dickens, Dobyns, Hayek, Mims, Pa)lne, Throgmorton.
Absent: None. tall members present: Markus, Fruin, Bentley, ilkes, Karr, Davidson,
Fosse, O'Brien, oran, Hargadine, Knoche, Tharp, Boothroy, ndberg, Scott, Andrew.
The Mayor pro laimed Mercy Hospital Guild 50t' At ry — 2012. Ron Reed,
President and CEO nd Carly Ambrisco, Mercy Guild Presi�16nt accepting.
Moved by Champi , seconded by Payne that the ite and recommendations in
the Consent Calendar b approved and /or adopted as ended:
Approval of Counc Actions, subject to correct[
S. as recommended by the City
Clerk: July 31 Council ork Session; July 31 Sp cial Council Formal Official &
Complete (x2); August 13 pecial Council For I Official & Complete.
Receive and File Minute of Boards and C mmissions (any recommendations
contained in minutes become ffective only on separate Council action): Airport
Commission — June 21; Histori reservati n Commission —May 10; Historic
Preservation Commission — June 14; His ric Preservation Commission — July 12;
Planning & Zoning Commission — ly ; Senior Center Commission — May 17.
Permit Motions and Resolutions Recommended by the City Clerk.
(New): Class C Liquor License for i y's, LLC, dba Micky's Irish Pub, 11 S.
Dubuque St.; Outdoor Service Ar for icky's, LLC, dba Micky's Irish Pub, 11 S.
Dubuque St.; Five -Day Class B eer Per it for Iowa City Fall Fun Festival, Inc., dba
Fall Fun Festival Tent A, 214 ochester A e. (8/31/12 — 9/4/12); Five -Day Class B
Beer Permit for Iowa City F Fun Festival, 1 c., dba Fall Fun Festival Tent B, 2140
Rochester Ave. (8/31/12 /4/12); Outdoor S ice Area Permit for Iowa City Fall
Fun Festival, Inc., dba F II Fun Festival, 2140 chester Ave. (Renewal) Class C
Liquor License for Ch kalackal, Inc., dba One enty Six, 126 E. Washington St.;
Class C Liquor Lice a for Jaxco, LLC, dba Black one, 503 Westbury Dr. Suite 1.;
Class C Liquor Lic nse for George's Buffet, Inc., db George's Buffet, 321 E. Market
St.; Class C Liq r License for Eckhardt Managemen dba 2 Dogs Pub, 1700S.
First Ave. Suite ; Class C Liquor License for Etre Res urant Group, LLC, dba
Takanami, 21 Iowa Ave.; Class C Beer Permit for IC Pi Stop, LLC, dba I.C. Pit
Stop, 300 Ki wood Ave.; Class C Beer Permit for New Pi neer Cooperative Society
dba New P' neer Co Op Fresh Food Market, 22 S. Van Bu n St.; Class C Liquor
License f r Hall Place Ventures, Corp., dba Airliner Bar, 22 Clinton St.; Outdoor
Service rea for Hall Place Ventures, Corp., dba Airliner Bar, 2 S. Clinton St.;
Class Liquor License for Cream, LLC, dba The Union Bar, 1 1 E. College St.;
RES. 2 -366, TO ISSUE DANCING PERMIT to Iowa City Fall F n Festival, Inc., dba
Fall un Festival, 2140 Rochester Ave.; Class C Liquor License f Atlas World Grill,
Inc , dba Atlas World Grill, 127 Iowa Ave.
Resolutions and Motions: RES. 12 -367, ABOLISHING THE YO TH ADVISORY
C MMISSION FOR THE CITY OF IOWA CITY, IOWA, AND REPEA ING
SOLUTION NO. 05 -371; RES. 12 -368, AUTHORIZING THE MAYOR TO SIGN
AND CITY CLERK TO ATTEST A LEASE AGREEMENT WITH BURLINGTON
TRAILWAYS FOR COURT STREET TRANSPORTATION CENTER SPACE; RES.
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August 21, 2012
Page 2
12 -369, ACCEPTING THE WORK FOR THE FY2011 ELEVATOR
MODERNIZATION PROJECT; RES. 12 -370, ACCEPTING THE WORK FOR THE
NORTH MARKET SQUARE PARK PAVILION PROJECT; RES. 12 -371,
ACCEPTING THE WORK FOR THE SANITARY SEWER, WATER MAIN, AND
PAVING PUBLIC IMPROVEMENTS FOR MACKINAW VILLAGE - PART FOUR,
AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND
USE; RES. 12 -372, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR
TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT #1 TO THE
MARCH 20, 2007 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY
AND VJ ENGINEERING TO PROVIDE ENGINEERING CONSULTANT SERVICES
FOR THE FIRST AVE. GRADE SEPARATION PROJECT; RES. 12 -373,
APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY
OF IOWA CITY AND AECOM OF WATERLOO, IA TO PROVIDE ENGINEERING
CONSULTANT SERVICES FOR THE DUBUQUE STREET / 1 -80 PEDESTRIAN
BRIDGE PROJECT; RES. 12 -374, APPROVING, AUTHORIZING AND DIRECTING
THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN
AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND H.R. GREEN,
INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE
LANDFILL FY09 CELL RECONSTRUCTION PROJECT; RES. 12 -375,
REPEALING RES. 12 -156 AND AMENDING THE POLICY FOR DISTRIBUTION OF
ELECTRONIC PACKETS; COUNCIL MEMBER USE OF CITY IPAD, AND
REIMBURSEMENT 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 AND ESTABLISHING
A POLICY FOR ELIGIBILITY FOR REIMBURSEMENT ONCE EVERY FOUR
YEARS; RES. 12 -376, APPROVING EXECUTION OF CHANGE ORDERS
BETWEEN THE CITY OF IOWA CITY AND BRACKE, HAYES, MILLER, MAHON
ARCHITECTS LLP TO PROVIDE CONSULTANT SERVICES EXTENDING AN
ORIGINAL CONTRACT TO PROVIDE SERVICES FOR THE ABATEMENT OF
ASBESTOS & HAZARDOUS MATERIALS AT FLOOD BUYOUT PROPERTIES;
RES. 12 -377, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
WEST LIBERTY TELEPHONE COMPANY TO USE CERTAIN PUBLIC RIGHTS -
OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A
FIBER OPTIC NETWORK; RES. 12 -378, ACCEPTING THE WORK FOR THE 2012
WATER MAIN DIRECTIONAL BORING PROJECT; RES. 12 -379, ACCEPTING A
WAIVER OF RIGHT TO HEARING AND PAYMENT OF A $300 CIVIL PENALTY
FROM TOBACCO OUTLET PLUS #537; RES. 12 -380, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF
LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 18
IDYLLWILD COURT, IOWA CITY, IOWA; RES. 12 -381, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF
LIEN REGARDING AN AGREEMENT FOR THE PROPERTY LOCATED AT 1830
HIGH STREET, IOWA CITY, IOWA; RES. 12 -382, AUTHORIZING THE MAYOR
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August 21, 2012
Page 3
TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND
TRUST, CORALVILLE, IOWA FOR PROPERTIES LOCATED AT 3317 JAMIE
LANE, 1740 DOVER, 109 SHRADER ROAD, AND 1424 PRAIRIE DU CHIEN
ROAD, IOWA CITY, IOWA; RES. 12 -383, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT
AMONG THE CITY OF IOWA CITY, THE HOUSING FELLOWSHIP, AND
CORRIDOR WOODS LIMITED PARTNERSHIP, IOWA CITY, IOWA FOR
PROPERTIES LOCATED AT 720, 724, 728 & 732 FOSTER ROAD AND 701, 705,
709 & 713 ARCH ROCK ROAD, IOWA CITY, IOWA; RES. 12 -384, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
IOWA FINANCE AUTHORITY, DES MOINES, IOWA FOR PROPERTY LOCATED
AT 230 -232 ELIZABETH STREET, IOWA CITY, IOWA; RES. 12 -385, ACCEPTING
THE DEDICATION OF AND AUTHORIZING THE MAYOR TO ENTER INTO STORM
SEWER AND DRAINAGE EASEMENT AGREEMENTS FOR LOT 91, MACKINAW
VILLAGE, PART FOUR AND OUTLOT B, MACKINAW VILLAGE, PART TWO, IOWA
CITY, JOHNSON COUNTY, IOWA; RES. 12 -386, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A COOPERATIVE AGREEMENT
BETWEEN THE IOWA DEPARTMENT OF TRANSPORTATION AND THE CITY OF
IOWA CITY FOR THE 1 -80 / DUBUQUE STREET INTERCHANGE IMPROVEMENT
[IM -80- 6(276)244-- 13 -52, IM -80- 6(278)244-- 13 -52, IM -80- 6(306)244-- 13 -52, IM -80-
6(319)244-- 13 -52]; Approve disbursements in the amount of $26,736,429.41 for the
period of July 1 through July 31, 2012, as recommended by the Finance Director
subject to audit; RES. 12 -387, AUTHORIZING THE PROCUREMENT OF A 2012
VERMEER HG6000 HORIZONTAL GRINDER FOR USE AT THE LANDFILL.
Setting Public Hearings: RES. 12 -388, SETTING A PUBLIC HEARING ON
SEPTEMBER 4, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PUBLIC WORKS
- FUEL FACILITY 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 -389, SETTING A PUBLIC
HEARING ON SEPTEMBER 4, 2012 ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
LANDFILL GROUNDWATER UNDER DRAIN LIFT STATION 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 -390, SETTING A PUBLIC HEARING ON
SEPTEMBER 4, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORMANDY
DRIVE RESTORATION PROJECT, DIRECTING CITY CLERK TO PUBLISH SAID
NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE
SAID PLANS ON FILE FOR PUBLIC INSPECTION.
Correspondence: Traffic Engineering Planner regarding Establishment of a TOW
AWAY ZONE for non - ZipCar vehicles parked in the designated ZipCar spaces on the
300 block of North Clinton Street, 200 block of South Linn Street, and 100 block of
Complete Description
August 21, 2012
Page 4
East Iowa Avenue; Peg Jones regarding Zoning Changes Causing Bankruptcy. [Staff
response included]; Marie Houser Conzemius - To Jim Throgmorton: My compliments
on your "no" vote on Oaknoll's rezoning request (Comp Plan); Greg Cotton; Mark
Johnson; Dean Rammelsberg regarding Urban Chickens in Iowa City; Phil McGuire
regarding Questions on Landfill Procedures; Lynn Sidwell, Robert McKay, regarding
Proposed Flood Wall and /or levee along Iowa River; Kenneth Longdon regarding
Officer Complaint; Marie Houser Conzemius regarding A bravo to Mayor Matt Hayek;
Ed Stone regarding Habitat Housing; Marcus Nashelsky regarding Bike Lanes in Iowa
City [Staff response included]; John Engelbrecht regarding Invitation Public Space
One - August 24.
Roger Knight appeared regarding the downtown Ped Mall.
Moved by Dobyns, seconded by Payne, to set a motion setting a public hearing for
September 4 on an ordinance amending Title 14, Zoning Code, defining small wind
energy conversion systems and establishing regulations to allow these systems as
accessory uses in certain zones by special exception.
A public hearing was held on an ordinance rezoning approximately 2 acres of land
located south of Highway 1 and west of Shirken Drive at 521 and 531 Highway 1 west
and from Intensive Commercial (CI -1) to Community Commercial (CC -2) (REZ12- 00013).
PCD Dir. Davidson present for discussion. The Mayor asked for Council Members to
disclose any ex parte communications, and none were reported.
Moved by Mims, seconded by Dobyns, that the ordinance rezoning approximately 2
acres of land located south of Highway 1 and west of Shirken Drive at 521 and 531
Highway 1 west and from Intensive Commercial (CI -1) to Community Commercial (CC -2)
(REZ12- 00013), be given first vote.
A public hearing was held on an ordinance amending Title 14, Zoning Code, to add
a definition for "Delayed Deposit Service Uses" and regulate said uses as provisional
uses in the Community Commercial Zone (Payday Lending Institutions). PCD Dir.
Davidson presented a power point. The following individuals appeared: Helene
Hembreiker, 3002 Parkview Ave.; Jeff Strottman, 426 S. Dodge St.; Misty Rebik, 625 S.
Governor St.; Matt Kearney, 4422 Driftwood; Evan Fales, 1215 Oakcrest; Lynden Miller;
Tom Davis; Seth Miller; and Jamie Kearney. Individual Council Members expressed
their views.
Moved by Throgmorton, seconded by Mims, that the ordinance amending Title 14,
Zoning Code, to add a definition for "Delayed Deposit Service Uses" and regulate said
uses as provisional uses in the Community Commercial Zone (Payday Lending
Institutions), be given first vote. Helene Hembreiker, 3002 Parkview Avenue, and Tom
Davis appeared.
The Mayor asked for Council Members to disclose any ex parte communications,
and none were reported. Moved by Champion, seconded by Payne, that the ordinance
rezoning 2.7 -acres of land located north of Benton Street between George and Streb
Streets ( Oaknoll) from Medium Density Single Family (RS -8) Zone to Overlay Planned
Development Medium Density Multi - Family (OPD- RM -20) Zone (REZ12- 00010), be
given second vote. Atty. Bob Downer, representing Oaknoll, requested waiver of the
second consideration and the ordinance adopted at this time. Original motion
withdrawn. 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
Complete Description
August 21, 2012
Page 5
meeting at which it is to be finally passed be suspended, the second consideration and
vote be waived, and that the ordinance rezoning 2.7 -acres of land located north of
Benton Street between George and Streb Streets (Oaknoll) from Medium Density Single
Family (RS -8) Zone to Overlay Planned Development Medium Density Multi - Family
(OPD- RM -20) Zone (REZ12- 00010), be voted on for final passage at this time.
Individual Council Members expressed their views. The Mayor declared the motion to
collapse failed, 5/2, (six votes needed) with the following division of roll call vote. Ayes:
Hayek, Mims, Payne, Champion, Dickens. Nays: Dobyns, Throgmorton. Moved by
Mims, seconded by Payne, to vote on second consideration. The Mayor declared the
motion carried, 5/2, with the following division of roll call vote. Ayes: Mims, Payne,
Champion, Dickens, Hayek. Nays: Dobyns, Throgmorton.
Moved by Mims, seconded by Payne, that the ordinance vacating the public right -of-
way of Spring Street (Oaknoll), be given second vote.
Moved by Mims, seconded by Payne, 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 -4488, AMENDING CERTAIN PARAGRAPHS WITHIN TITLE
14, ZONING CODE, ARTICLES 2A AND 213, TO EXEMPT BLOCKS WITH THREE OR
FEWER HOME LOTS FROM FRONT SETBACK AVERAGING, be voted on for final
passage at this time. Moved by Mims, seconded by Payne, that the ordinance be finally
adopted at this time.
Moved by Champion, seconded by Dickens, that ORD. 12 -4489, CONDITIONALLY
REZONING APPROXIMATELY 4.29 ACRES OF LAND LOCATED ON WALDEN
ROAD, WEST OF MORMON TREK BOULEVARD FROM MEDIUM DENSITY SINGLE
FAMILY RESIDENTIAL (RS -8) ZONE TO HIGH DENSITY SINGLE FAMILY
RESIDENTIAL (RS -12) ZONE (REZ09- 00003), be passed and adopted. The Mayor
asked for Council Members to disclose any ex parte communications, and none were
reported.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the Dewey Street Brick
Reconstruction 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 Dickens, seconded by Payne, to adopt RES. 12 -391, APPROVING
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE DEWEY STREET BRICK RECONSTRUCTION
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 authorizing conveyance of a single family
home located at 618 North Gilbert Street. No one appeared.
Moved by Mims, seconded by Payne, to adopt RES. 12 -392, AUTHORIZING
CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 618 NORTH GILBERT
STREET.
A public hearing was held on a resolution approving a purchase agreement between
the City of Iowa City and Autohaus Ltd for Lots 14 and 15 of the North Airport
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August 21, 2012
Page 6
Development Subdivision with an option to purchase Lot 13 and authorizing
conveyance. Bill Wittig, representing the owner, requested approval.
Moved by Champion, seconded by Dickens, to adopt RES. 12 -393, APPROVING A
PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND AUTOHAUS
LTD FOR LOTS 14 AND 15 OF THE NORTH AIRPORT DEVELOPMENT
SUBDIVISION WITH AN OPTION TO PURCHASE LOT 13 AND AUTHORIZING
CONVEYANCE.
A hearing was held on a resolution assessing either a 30 day retail cigarette permit
suspension or $1500.00 civil penalty against Zombies Tobacco, pursuant to Iowa Code
Section 453A.22(2) (2011). Asst. Johnson County Atty. Andy Chappell appeared.
Owner Selenya Carew also appeared.
Moved by Dobyns, seconded by Payne, to adopt RES. 12 -394, ASSESSING
$1500.00 CIVIL PENALTY OR THIRTY DAY RETAIL CIGARETTE PERMIT
SUSPENSION AGAINST ZOMBIES TOBACCO, and amend the resolution to provide a
three month payment of the civil penalty.
Moved by Champion, seconded by Payne, that ordinance amending Title 5, entitled
"Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," to provide that
"keeping a Disorderly House" is a municipal infraction and Title 17, entitled "Building
and Housing," Chapter 5, entitled "Housing Code," to add another basis for a rental
permit sanction, be given first vote. HIS Dir. Boothroy and Police Chief Hargadine
present for discussion.
Moved by Mims, seconded by Payne, that ordinance amending Title 4, Alcoholic
Beverages, Chapter 5, Prohibitions and Restrictions, Section 3, Consumption or
Possession in public places and city buildings, Subsection B to allow for possession and
consumption in certain park buildings, pursuant to administrative rule; and Subsection C
to allow for alcohol possession and consumption in city buildings pursuant to
administrative rule, be given second vote.
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 the ordinance amending Title 10, entitled Use of Public Ways and
Property," Chapter 3, entitled, "Commercial Use of Sidewalks," Section 3, entitled "Use
for Sidewalk Cafes," to regulate sidewalk cafes primarily by policy and administrative
rules, be voted on for final passage at this time. Individual Council Members expressed
their views. The following individuals appeared: Anthony Brown; Karen Kubby,
President, Iowa City Downtown District; Dave Allen, Z'Mariks noodle Cafe; Rodney
Anderson, Pancheros; Bill Nusser, President Elect, Iowa City Downtown District; Lean
Cohen, Bo James; Brian Flynn, Joe's Place, Donnelly's, Blackstone's; Jim Mondanaro;
The Mayor declared the motion to waive second consideration failed, 1/6, with the
following division of roll call vote. Ayes: Champion. Nays: Dickens, Dobyns, Hayek,
Mims, Payne, Throgmorton. Moved by Dobyns, seconded by Throgmorton, that the
ordinance receive second vote for consideration. Majority agreed to proceed with
second consideration of the ordinance and defer the resolution to allow the Iowa City
Downtown District to contact businesses; and directed staff to require consent of
tenants and property owners for cafes located in planters and parking spaces. Moved
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August 21, 2012
Page 7
by Mims, seconded by Payne, to accept correspondence from Rodney Anderson, Karen
Kubby and William Nusser.
Moved by Payne, seconded by Dickens, to defer to 9/4 a resolution adopting a policy
for use of public right -of -way for sidewalk cafes and rescinding resolution no. 07 -227.
Moved by Mims, seconded by Dickens, to accept correspondence from Nancy
Quellhorst.
Moved by Champion, seconded by Dobyns, to adopt RES. 12 -395, AUTHORIZING
THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE DEPARTMENT OF JUSTICE OFFICE
OF COMMUNITY ORIENTED POLICING SERVICES (COPS) FOR THE 2012 COPS
GRANT. Police Chief Hargadine present for discussion. Karen Kubby, President, Iowa
City Downtown District appeared. Moved by Mims, seconded by Dobyns, to accept
correspondence from Karen Kubby.
Moved by Mims, seconded by Payne, to adopt RES. 12 -396, AWARDING
CONTRACT to LL Pelling Co. for $ 492,564.83 AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF
THE FY 2013 ASPHALT RESURFACING PROJECT.
Moved by Dobyns, seconded by Payne, to adopt RES. 12 -397, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT
BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY
HEIGHTS, IOWA FOR THE PROVISION OF ANIMAL CARE SERVICES. Moved by
Mims, seconded by Dickens, to accept correspondence from Louise From.
Moved by Dobyns, seconded by Champion, to adopt RES. 12 -398, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ANIMAL SHELTER
FACILITY CAPITAL CONTRIBUTION AGREEMENT BETWEEN THE CITY OF IOWA
CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS.
Moved by Mims, seconded by Payne, to adopt RES. 12 -399, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN
THE CITY OF IOWA CITY, IOWA AND THE STATE OF IOWA FOR THE PROVISION
OF ANIMAL CARE SERVICES.
Moved by Payne, seconded by Dobyns, to adopt RES. 12 -400, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ANIMAL SHELTER
FACILITY CAPITAL CONTRIBUTION AGREEMENT BETWEEN THE CITY OF IOWA
CITY, IOWA AND THE STATE OF IOWA.
Moved by Mims, seconded by Champion, to adopt RES. 12 -401, APPROVING A
SETTLEMENT AND REWORK AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND KNUTSON CONSTRUCTION SERVICES MIDWEST, INC. REGARDING THE
PRECAST DOUBLE TEE WALKWAY BEAMS AT THE IOWA CITY WATER FACILITY.
Moved by Throgmorton, seconded by Payne, to grant a motion granting a 60 -day
extension to the Police Citizens Review Board for the filing of the public report with the
City Council on Complaint #12 -01. Council Member Payne noted this was the second
request for an extension of a complaint from the Police Citizens Review Board and
questioned if the amount of time should be increased in the ordinance. Staff will follow
up and report back.
The Mayor noted the previously announced vacancies to Boards and Commissions:
Airport Zoning Brd of Adjustment for a five -year term January 1, 2012 - December 31,
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August 21, 2012
Page 8
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). Applications must be received by 5:00
p.m., Wednesday, August 29, 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.]
The Mayor announced that the vacancies listed for Youth Advisory Commission will
not announced as the Youth Advisory Commission has now been abolished.
Council Member Dickens noted the successful fundraiser held the previous week-
end for Pathways (Adult Daycare) and thanked the Pilot Club for volunteering for the
project; and reminded everyone of Taste of Iowa City scheduled August 22.
Council Member Throgmorton acknowledged the letter from Mayor Hayek to the
Iowa City Community School District Board re future growth in the District and praised
his leadership on the issue.
Council Member Payne noted an email received by Council Members from Annie
Tucker inviting Council Members to a webinar on Racial Equity Impact Assessments
and stated she was unable to attend but hoped other might participate.
Mayor Hayek noted the Sertoma pancake breakfast scheduled for August 26 at the
Iowa City Airport.
City Manager Markus reported on a meeting Mayor Hayek and he attend with the
University reflecting the strength of the relationship between the University and the City.
Moved by Mims, seconded by Payne, to adjourn meeting at 9:50 p.m. to work
session.
/k4lu�54_1�
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk
CITY OF IOWA CITY
�i;� ,` ►�r1��`�� 3�iii�r
-� MEMORANDUM
Date: August 10, 2012
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, July 31, 2012, 5:07 PM in Emma J. Harvat Hall
Council: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton
UISG Rep: None
Staff: Markus, Bentley, Dilkes, Karr, Davidson, Moran, O'Brien, Boothroy, Fosse,
Rummel, Dulek
(A complete transcription is available in the City Clerk's Office and the City website)
COUNCIL APPOINTMENTS [Agenda #17]
Diversity Committee — Bakhit Bakhit
Kingsley Bothchway, Chair
Joe Dan Coulter
Donna Henry
Cindy Roberts, Vice -chair
Orville Townsend, Sr.
Joan Vanden Berg
Airport — Christine Ogren
HCDC — reappoint Jarrod Gatlin
Human Rights — Dan Tallon
PCRB — reappoint Royceann Porter
QUESTIONS FROM COUNCIL RE PLANNING & ZONING ITEMS
0. AMENDING CERTAIN PARAGRAPHS WITHIN TITLE 14, ZONING CODE, ARTICLES
2A AND 2B, TO EXEMPT BLOCKS WITH THREE OR FEWER HOME LOTS FROM
FRONT SETBACK AVERAGING. (SECOND CONSIDERATION)
PCD Dir. present for discussion.
QUESTIONS FROM COUNCIL RE AGENDA ITEMS
1. (Consent Calendar # 2d(7) - ... resolution authorizing ... agreement between City of Iowa
City and National Development Council regarding Community and Economic Development
Advisement.) In response to Council Member Throgmorton, Council agreed to pull the item
from the Consent Calendar for separate consideration and allow time for PCD Dir. Davidson
to provide information to the public prior to passage.
2. (Consent Calendar # 2d(1) — ... setting a public hearing ... Normandy Drive Restoration
Project.) City Clerk Karr stated staff has requested that this item be deleted from the
Consent Calendar, not acted upon at this time, and will be placed on another agenda.
Council Work Session
July 31, 2012
Page 2
3. (Agenda Item # 8 —ordinance amending Title 10 ... to regulate sidewalk cafes primarily by
policy and administrative rules.) In response to Council Member Payne, Mayor Hayek
stated separate consideration of this item is scheduled later in the work session agenda.
4. (Consent Calendar # 2f (8) — M. K. Parnell re Greyhound Bus Service) In response to
Council Member Throgmorton, a majority agreed to direct staff to provide options that might
be implemented to recoup costs of Megabus operating in the City.
POTENTIAL URBAN / BACKYARD CHICKEN ORDINANCE [IP #31
City Manager Markus and HIS Dir. Boothroy presented information. Majority directed staff to
contact [Cluck for input and refer the matter to Planning & Zoning for review and a
recommendation.
STAFF ACTION: Proceed as outlines. (Boothroy)
PROPOSED CHANGES IN EAST SIDE LOOP BUS ROUTE
Transportation Services Dir. O'Brien presented a power point (archived with City Clerk).
Majority agreed to proceed.
STAFF ACTION: Proceed as outlined, and develop pamphlet information for distribution.
PROPOSED CHANGES TO THE SIDEWALK CAFE ORDINANCE (INCLUDING USE OF
PARKING SPACES [AGENDA #81
Public Works Dir. Fosse presented a power point. Transportation Services Dir. O'Brien presenl
for discussion. Council agreed to:
• changing the approval process from ordinance to administrative regulations approved by
resolution
• approved expanding the regulations to include governing cafes in the street
• approved expanding the regulations to include cafes in planters outside of City Plaza
• approved fees of $5 per square foot standard; $10 per square foot on a platform; and $12
per day if using a parking area
STAFF ACTION: Recommend waiving second consideration of the ordinance passage of
the ordinance on sidewalk cafes and prepare resolution for August 21 agenda approving
administrative regulations as outlined. (Fosse)
INFORMATION PACKET DISCUSSION [July 12, 19, 26]
➢ July 12
No discussion
➢ July 19
No discussion
➢ July 26
(IP7- Riverfront Crossings Multiuse Parking Facility) In response to Council Member
Throgmorton, PCD Dir. Davidson stated the new RFP for the facility would be presented
to Council for discussion regarding: energy efficiency, some student housing, and city
financial incentives. Transportation Services Dir. O'Brien present for discussion.
Council Work Session
July 31, 2012
Page 3
COUNCIL TIME / PENDING WORK SESSION TOPICS [IP #6]
Council Member Throgmorton requested a status report of the City's efforts re mitigate
measures against climate changes. Staff will provide a memo.
MEETING SCHEDULE / UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS [IP #6]
Council Members agreed to the following KXIC radio schedule:
August 1- Throgmorton
August 8 - Hayek
August 15 - Champion
August 22 - Dickens
August 29 - Mims
September 5 - Dobyns
September 12 - Payne
September 19 - Dickens
CONSOLIDATION OR STRUCTURAL CHANGES TO CITY BOARDS AND COMMISSIONS
(NOT REQUIRED BY STATE LAW) [IP #4]
Majority agreed with Council Member Dobyns recommendation to dissolve the Youth Advisory
Commission, and engage youth when a particular charge or need arises.
(Recessed to formal meeting 6:50 PM; returned to work session 8:40 PM)
Council Member Throgmorton suggested certain Boards be authorized or instructed to have
joint meetings annually with certain others, such as: PCRB & Human Rights; Planning and
Zoning & HCDC; and Planning and Zoning & Parks & Recreation. Majority agreed to revisit the
suggestion at a later time.
Council Member Throgmorton suggested that Council consider opening applications to the
Board of Appeals to nonresidents of the City. No decision was made at this time.
STAFF ACTION: Prepare resolution dissolving the Youth Advisory Commission for
consideration on the August 21st agenda. (Karr)
Meeting adjourned 8:50 PM.
3a... 2�i
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 - 7/31/12
Iowa City City Council special meeting, 5:00 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Champion, Dickens (5:06 p.m.), Dobyns, Hayek,
Mims, Payne, Throgmorton.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved and seconded to adjourn to executive session 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.
Moved and seconded to adjourn special meeting 5:06 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 CI rk
Submitted for publication — 8/6/12.
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 — 7/31/12
Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton. Absent: None.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved and seconded that the items and recommendations in the Consent Calendar
be received, or approved, and /or adopted as amended and to delete Item 2d(1) a
resolution setting a public hearing on August 21, 2012 on plans, specifications, form of
contract, and estimate of cost for the construction of the Normandy Drive Restoration
Project and remove for separate consideration Item 2d(7) authorizing the Mayor to
execute and the City Clerk to attest to an agreement between the City and National
Development Council regarding Community and Economic Development Advisement:
Approval of Council Actions, subject to corrections, as recommended by the City
Clerk: July 10 Council Work Session; July 10 Special Council Formal Official &
Complete (x2); July 26 Special Council Formal Official and Complete.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Airport
Commission — May 17; Board of Adjustment — June 13; Human Rights Commission
— June 19; Parks & Recreation Commission — May 9; Planning & Zoning
Commission — June 7; Police Citizens Review Board — June 12;
Telecommunications Commission — June 25; Planning & Zoning Commission — June
21.
Permit Motions and Resolutions as Recommended by the City Clerk.
(New): Class C Liquor License for Szechuan House, 320 E. Burlington St.;
(Renewal) Class B Beer Permit for Jimmy Jack's Rib Shack, 1940 Lower Muscatine
Rd.; Outdoor Service Area for Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd.;
Class E Liquor License for The Liquor House, 425 S. Gilbert St.; Class E Liquor
License for Hy -Vee Drugstore, 310 N. First Ave.; Class C Beer Permit for Big Kmart
#4315, 901 Hollywood Blvd.; Class C Beer Permit for Deli Mart #1, 525 Highway 1
W.; Class C Beer Permit for Deli Mart #2, 1920 Lower Muscatine Ave.; Class C Beer
Permit for Deli Mart #3, 2410 Mormon Trek Blvd.; Class C Beer Permit for Deli Mart
#5, 206 E. Benton St.; Class C Liquor License for Okoboji Grill Restaurant, 1857
Lower Muscatine Rd.; Outdoor Service Area for Okoboji Grill Restaurant, 1857
Lower Muscatine Rd.; Class C Liquor License for Martini's, 127 E. College St.;
Outdoor Service Area for Martini's, 127 E. College St.; Class C Liquor License for El
Cactus Authentic Mexican Cuisine, 1921 Keokuk St.; Class C Liquor License for
Orchard Green Restaurant, 521 S. Gilbert St.; Class C Beer Permit for L & M Mighty
Shop, Inc., 504 E. Burlington St.; Special Class C Liquor License for The Englert
Theatre, 221 E. Washington St.; RES. 12 -343 TO ISSUE CIGARETTE PERMIT to
The Spirit Tobacco and More, 357 E. College St.
Resolutions and Motions: RES. 12 -344, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A
Official Actions
July 31, 2012
Page 2
MORTGAGE FOR THE PROPERTY LOCATED AT 2713 WHISPERING
MEADOWS DRIVE, IOWA CITY, IOWA; RES. 12 -345, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF
LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 630
WHITING AVENUE, IOWA CITY, IOWA; RES. 12 -346, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF
LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2547
WHISPERING PRAIRIE AVENUE, IOWA CITY, IOWA; RES. 12 -347,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY
LOCATED IN JOHNSON COUNTY, IOWA CITY, IOWA; RES. 12 -348,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
HILLS BANK AND TRUST, CORALVILLE, IOWA FOR PROPERTY LOCATED AT
1955 CHELSEA COURT, IOWA CITY, IOWA; RES. 12 -349, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND
TRUST, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 435 WESTBURY
DRIVE, IOWA CITY, IOWA; RES. 12 -350, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING
TWO MORTGAGES FOR THE PROPERTY LOCATED AT 706 MILLER AVENUE,
IOWA CITY, IOWA; Approve disbursements in the amount of $40,850,090.66 for
the period of June 1 through June 30, 2012, as recommended by the Finance
Director subject to audit; RES. 12 -351, APPROVING, AUTHORIZING AND
DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
AMENDMENT #1 TO THE JANUARY 25, 2011 AGREEMENT BY AND BETWEEN
THE CITY OF IOWA CITY AND H.R. GREEN TO PROVIDE ENGINEERING
CONSULTANT SERVICES FOR THE ROCKY SHORE DRIVE PUMP STATION
AND FLOOD GATE PROJECT; RES. 12 -352, APPROVING, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN
AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND H.R. GREEN
COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE
IOWA CITY LANDFILL GROUNDWATER LIFT STATION PROJECT.
Setting Public Hearings: RES. 12 -353, SETTING A PUBLIC HEARING ON
AUGUST 21, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE DEWEY STREET
BRICK RECONSTRUCTION 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 -354, SETTING
PUBLIC HEARING FOR AUGUST 21, 2012, ON A PROPOSAL TO CONVEY A
SINGLE FAMILY HOME LOCATED AT 618 NORTH GILBERT STREET.
Correspondence: Traffic Engineering Planner regarding Change of parking meter
terms from 2 hours to 30 minutes for spaces numbered L1 28N and L1 30N on the
east side of the 100 block of North Linn Street; Traffic Engineering Planner regarding
Installation of ZIPCAR PARKING ONLY signs on the west side of the 300 block of
North Clinton Street; Traffic Engineering Planner regarding Removal of existing NO
Official Actions
July 31, 2012
Page 3
PARKING 2 AM — 6 AM prohibition on South Linn Street meters L204S, L206S, and
on Iowa Avenue meters 1104E, and 1106E; Casey J. Kohrt; Val and Dick Donohoe
regarding Iowa City Chicken Ordinance; Jerry D. Moore regarding Artificial Flowers;
Cliff Pirnat regarding Rocky Shore; Patrick Jepson regarding Will Iowa City follow
Stockton California to bankruptcy ?]; M. K. Parnell regarding Greyhound Service
[Staff response included]; Andrea Rauer regarding Sycamore Mall management
concerns; Tony Barrino (x3) regarding Trillionaire Communications; Tam Bodkin
Bryk, Susan Boehlje regarding Moen Tower Project; Bobbie and Al Paxton, David
Goodner regarding Predatory lenders.
Moved and seconded to adopt RES. 12 -355, AUTHORIZING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT BETWEEN THE
CITY AND NATIONAL DEVELOPMENT COUNCIL REGARDING COMMUNITY AND
ECONOMIC DEVELOPMENT ADVISEMENT.
Bob Elliott, 1108 Dover St., acknowledged the efforts of City crews when a water
main broke on Sunday, July 22.
Moved and seconded to set a public hearing for August 21 on an ordinance rezoning
approximately 2 acres of land located south of Highway 1 and west of Shirken Drive at
521 and 531 Highway 1 West and from Intensive Commercial (CI -1) to Community
Commercial (CC -2) (REZ12- 00013).
Moved and seconded to set a public hearing for August 21 on an ordinance
amending Title 14, Zoning Code, to add a definition for "Delayed Deposit Service Uses"
and regulate said uses as provisional uses in the Community Commercial Zone.
A public hearing was held on a resolution amending the Comprehensive Plan to
change the land -use designation from Single- Family /Duplex Residential to Medium -
Density Multi - Family Residential for property located north of Benton Street between
George and Streb Streets (CA12- 00002). The following individuals appeared
representing Oaknoll: Mark Seabold, Design architect from Shive Hattery; Steve
Rowe, Oaknoll Administrator and Chief Financial Officer; and Bob Downer, attorney for
Oaknoll.
Moved and seconded to adopt RES. 12 -356, AMENDING THE COMPREHENSIVE
PLAN TO CHANGE THE LAND -USE DESIGNATION FROM SINGLE -
FAMILY /DUPLEX RESIDENTIAL TO MEDIUM - DENSITY MULTI - FAMILY
RESIDENTIAL FOR PROPERTY LOCATED NORTH OF BENTON STREET
BETWEEN GEORGE AND STREB STREETS (CA12- 00002). The Mayor declared the
resolution adopted, 6/1, with the following division of roll call vote: Ayes: Hayek, Mims,
Payne, Champion, Dickens, Dobyns. Nays: Throgmorton.
A public hearing was held on an ordinance rezoning 2.7 -acres of land located north
of Benton Street between George and Streb Streets from Medium Density Single Family
(RS -8) Zone to Overlay Planned Development Medium Density Multi- Family (OPD -RM-
20) Zone (REZ12- 00010).
Moved and seconded that the ordinance approximately rezoning 2.7 -acres of land
located north of Benton Street between George and Streb Streets from Medium Density
Single Family (RS -8) Zone to Overlay Planned Development Medium Density Multi -
Family (OPD- RM -20) Zone (REZ12- 00010), be given first vote. Pat Heiden, Oaknoll
Director, and Mark Seabold, Design architect from Shive Hattery appeared.
Official Actions
July 31, 2012
Page 4
A public hearing was held on an ordinance vacating the public right -of -way of Spring
Street. (VAC12- 00004).
Moved and seconded that the ordinance vacating the public right -of -way of Spring
Street (VAC12- 00004), be given first vote.
A public hearing was held on an ordinance amending certain paragraphs within Title
14, Zoning Code, Articles 2a and 2b, to exempt blocks with three or fewer home lots
from front setback averaging.
Moved and seconded that the ordinance amending certain paragraphs within Title
14, Zoning Code, Articles 2a and 2b, to exempt blocks with three or fewer home lots
from front setback averaging, be given first vote.
Moved and seconded that the ordinance conditionally rezoning approximately 4.29
acres of land located on Walden Road, west of Mormon Trek Boulevard from Medium
Density Single Family Residential (RS -8) Zone to High Density Single Family
Residential (RS -12) Zone (REZ09- 00003), be given second vote.
Moved and seconded that ORD. 12 -4486, VACATING AND CONVEYING AIR
RIGHTS WITHIN THE PUBLIC RIGHT -OF -WAY LOCATED ADJACENT TO THE
PROPERTY AT 114 SOUTH DUBUQUE STREET, IOWA CITY, IOWA. (VAC12-
00003), be passed and adopted. The Mayor declared the ordinance adopted, 5/2, with
the following division of roll call vote: Ayes: Dickens, Dobyns, Mims, Payne, Champion.
Nays: Throgmorton, Hayek.
Moved and seconded to adopt RES. 12 -357, APPROVING THE FINAL PLAT OF
WINDSOR WEST PART TWO, IOWA CITY, IOWA (SUB12- 00009).
A public hearing was held on plans, specifications, form of contract, and estimate of
cost for the construction of the FY 2013 Asphalt Resurfacing 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 -358, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE FY 2013 ASPHALT RESURFACING 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 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 -4487, AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC,"
CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED
RESTRICTIONS ", SUBSECTION C, ENTITLED "SCHOOL SPEED ZONES" TO
CREATE A SCHOOL SPEED ZONE FOR BORLAUG ELEMENTARY AND REPEAL
THE SCHOOL SPEED ZONE FOR ROOSEVELT ELEMENTARY, be voted on for final
passage at this time. Moved and seconded that the ordinance be finally adopted at this
time.
Moved and seconded that the ordinance amending Title 4, Alcoholic Beverages,
Chapter 5, Prohibitions and Restrictions, Section 3, Consumption or Possession in
Public Places and City Buildings, Subsection B to allow for possession and
consumption in certain park buildings, pursuant to administrative rule; and Subsection C
Official Actions
July 31, 2012
Page 5
to allow for alcohol possession and consumption in city buildings pursuant to
administrative rule, be given first vote. Senior Center Commissioner Jay Honohan
appeared.
Moved and seconded that the ordinance amending Title 10, entitled Use of Public
Ways and Property," Chapter 3, entitled, "Commercial Use of Sidewalks," Section 3,
entitled "Use for Sidewalk Cafes," to regulate sidewalk cafes primarily by policy and
administrative rules, be given first vote. The following individuals appeared: Rebecca
Neades, Chamber of Commerce and Jim Mondanaro, Mickey's.
Moved and seconded to adopt RES. 12 -359, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONRACT FOR CONSTRUCTION OF THE S. DUBUQUE STREET STORM SEWER
AND WATER MAIN IMPROVEMENTS PROJECT.
Moved and seconded to adopt RES. 12 -360, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR CONSTRUCTION OF THE HIGHWAY 1 TRAIL PROJECT -
ORCHARD STREET TO SUNSET STREET.
Moved and seconded to adopt RES. 12 -361, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR CONSTRUCTION OF THE U.S. HIGHWAY 6 AND SYCAMORE
STREET INTERSECTION IMPROVEMENT PROJECT.
Moved and seconded to adopt RES. 12 -362, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR CONSTRUCTION OF THE PUBLIC WORKS COMPLEX — WARM
STORAGE BUILDING PROJECT.
Moved and seconded to adopt RES. 12 -363, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR RENOVATION OF FIELDS 1,2,3,4 AT THE NAPOLEON PARK
SOFTBALL COMPLEX PROJECT.
Moved and seconded to adopt RES. 12 -364, ADOPTING AN ASSESSMENT
SCHEDULE OF UNPAID MOWING, CLEAN -UP OF PROPERTY, SNOW REMOVAL,
SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE
CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR
COLLECTION IN THE SAME MANNER AS PROPERTY TAXES.
Moved and seconded to defer to August 21 a resolution approving a settlement and
rework agreement.
Moved and seconded to defer to August 21 announcing two vacancies on the Youth
Advisory Commission for an unexpired term plus a two year term, effective upon
appointment — December 31, 2014, and a vacancy for a two -year term January 1, 2011
— December 31, 2012, for Tate High.
Moved and seconded to make the following appointments to Boards and
Commissions: appoint Joe Dan Coulter, 1818 N. Dubuque St.; Orville Townsend, Sr.,
713 Whiting Ave.; Kingsley Botchway (chair), 260 Scott Ct., Apt. 3; Donna Henry, 1926
Broadway St.; Bakhit Bakhit, 2610 Bartelt Rd., Apt. #10; Joan Vanden Berg, 309
Fairview Ave.; and Cindy Roberts (vice chair) 2034 Grantwood St., to the Ad Hoc
Diversity Committee for six -month terms beginning September 1, 2012 — March 10,
2013; appoint Christine Ogren, 140 Cardiff Circle, to the Airport Commission for an
Official Actions
July 31, 2012
Page 6
unexpired term, effective upon appointment — March 1, 2014; reappoint Jarrod Gatlin,
910 Benton Drive, #11 to Housing and Community Development Commission for a
three -year term September 1, 2012 — September 1, 2015; appoint Dan Tallon, 706 E.
Market Street, to Human Rights Commission for an unexpired term, effective upon
appointment, ending January 1, 2014; reappoint Royceann Porter, 136 Appanoose
Court, to Police Citizens Review Board for a four -year term September 1, 2012 —
September 1, 2016. Moved and seconded to accept correspondence from Polly
Nichols - Marshall and Christine Ogren.
The Mayor noted no applications were received for the following Boards and
Commissions and all will be readvertised: 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 formal meeting at 8:40 p.m. and return to work
session.
A more complete description of Council Activities and disbursements is on file in the
office of the City Clerk and Finance Department.
s /Matthew J. Hayek, Mayor
s /Marian K. Karr, City Clerk
Sub Ae
tLarodtpublication — 8/8/12.
�i
3a(3)
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office 356 -5040.
The cost of publishing the following proceedings and claims is $
Cumulative cost for this calendar year for said publication is $_
OFFICIAL COUNCIL ACTIONS — 8/13/12
Iowa City City Council special meeting, 12:30 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Dickens, Hayek, Mims, Payne, Throgmorton.
Absent: Dobyns, Champion.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved and seconded to set a public hearing for August 21, 2012 to approve a
purchase agreement between the City of Iowa City and Autohaus Ltd. for lots 14 and 15
with an option on Lot 13 of the North Airport Development Subdivision and to consider a
proposal to convey said property.
Moved and seconded to adjourn special meeting 12:32 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 /Mariian K. Karr, City Clerk
Submi���� pur,�laton*144-/1
2.
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
JULY 31, 2012
Iowa City City Council special meeting, 5:00 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Champion, Dickens (5:06 p.m.), Dobyns, Hayek,
Mims, Payne, Throgmorton. Staff members present: Markus, Dilkes, Bentley, O'Brien,
Karr, Davidson, Boothroy, Fosse.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Mims, seconded by Champion, to adjourn to executive session 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 5:05 p.m.
Moved by Champion, seconded by Mims, to adjourn special meeting 5:06 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
JULY 31, 2012
Iowa City City Council special 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, Bentley, Dilkes,
Karr, Davidson, Knoche, Fosse, O'Brien, Rummel, Moran, Kopping.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Payne, seconded by Mims, that the items and recommendations in the
Consent Calendar be received, or approved, and /or adopted as amended and to delete
Item 2d(1) a resolution setting a public hearing on August 21, 2012 on plans,
specifications, form of contract, and estimate of cost for the construction of the
Normandy Drive Restoration Project and remove for separate consideration Item 2d(7)
authorizing the Mayor to execute and the City Clerk to attest to an agreement between
the City and National Development Council regarding Community and Economic
Development Advisement:
Approval of Council Actions, subject to corrections, as recommended by the City
Clerk: July 10 Council Work Session; July 10 Special Council Formal Official &
Complete (x2); July 26 Special Council Formal Official and Complete.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Airport
Commission — May 17; Board of Adjustment — June 13; Human Rights Commission
— June 19; Parks & Recreation Commission — May 9; Planning & Zoning
Commission — June 7; Police Citizens Review Board — June 12;
Telecommunications Commission — June 25; Planning & Zoning Commission — June
21.
Permit Motions and Resolutions as Recommended by the City Clerk.
(New): Class C Liquor License for 168, LLC, dba Szechuan House, 320 E.
Burlington St.; (Renewal) Class B Beer Permit for Jimmy Jack's, Inc., dba Jimmy
Jack's Rib Shack, 1940 Lower Muscatine Rd.; Outdoor Service Area for Jimmy
Jack's, Inc., dba Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd.; Class E
Liquor License for Caylor Enterprises, LLC, dba The Liquor House, 425 S. Gilbert
St.; Class E Liquor License for Hy -Vee, Inc., dba Hy -Vee Drugstore, 310 N. First
Ave.; Class C Beer Permit for Kmart Corporation dba Big Kmart #4315, 901
Hollywood Blvd.; Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart #1,
525 Highway 1 W.; Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart
#2, 1920 Lower Muscatine Ave.; Class C Beer Permit for Delimart Properties, Inc.,
dba Deli Mart #3, 2410 Mormon Trek Blvd.; Class C Beer Permit for Delimart
Properties, Inc. dba Deli Mart #5, 206 E. Benton St.; Class C Liquor License for
Middle E, LLC, dba Okoboji Grill Restaurant, 1857 Lower Muscatine Rd.; Outdoor
Service Area for Middle E, LLC, dba Okoboji Grill Restaurant, 1857 Lower Muscatine
Rd.; Class C Liquor License for High Energy Food Concepts, Inc., dba Martini's, 127
E. College St.; Outdoor Service Area for High Energy Food Concepts, Inc., dba
Martini's, 127 E. College St.; Class C Liquor License for Hildago, Inc., dba El Cactus
Authentic Mexican Cuisine, 1921 Keokuk St.; Class C Liquor License for Orchard
Green, Inc., dba Orchard Green Restaurant, 521 S. Gilbert St.; Class C Beer Permit
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July 31, 2012
Page 2
for L & M Mighty Shop, Inc., dba L & M Mighty Shop, Inc., 504 E. Burlington St.;
Special Class C Liquor License for The Englert Civic Theatre, LP, dba The Englert
Theatre, 221 E. Washington St.; RES. 12 -343 TO ISSUE CIGARETTE PERMIT to
The Spirit Tobacco and More, LLC, dba The Spirit Tobacco and More, 357 E.
College St.
Resolutions and Motions: RES. 12 -344, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A
MORTGAGE FOR THE PROPERTY LOCATED AT 2713 WHISPERING
MEADOWS DRIVE, IOWA CITY, IOWA; RES. 12 -345, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF
LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 630
WHITING AVENUE, IOWA CITY, IOWA; RES. 12 -346, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF
LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2547
WHISPERING PRAIRIE AVENUE, IOWA CITY, IOWA; RES. 12 -347,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY
LOCATED IN JOHNSON COUNTY, IOWA CITY, IOWA; RES. 12 -348,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
HILLS BANK AND TRUST, CORALVILLE, IOWA FOR PROPERTY LOCATED AT
1955 CHELSEA COURT, IOWA CITY, IOWA; RES. 12 -349, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND
TRUST, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 435 WESTBURY
DRIVE, IOWA CITY, IOWA; RES. 12 -350, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING
TWO MORTGAGES FOR THE PROPERTY LOCATED AT 706 MILLER AVENUE,
IOWA CITY, IOWA; Approve disbursements in the amount of $40,850,090.66 for
the period of June 1 through June 30, 2012, as recommended by the Finance
Director subject to audit; RES. 12 -351, APPROVING, AUTHORIZING AND
DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
AMENDMENT #1 TO THE JANUARY 25, 2011 AGREEMENT BY AND BETWEEN
THE CITY OF IOWA CITY AND H.R. GREEN TO PROVIDE ENGINEERING
CONSULTANT SERVICES FOR THE ROCKY SHORE DRIVE PUMP STATION
AND FLOOD GATE PROJECT; RES. 12 -352, APPROVING, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN
AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND H.R. GREEN
COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE
IOWA CITY LANDFILL GROUNDWATER LIFT STATION PROJECT.
Setting Public Hearings: RES. 12 -353, SETTING A PUBLIC HEARING ON
AUGUST 21, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE DEWEY STREET
BRICK RECONSTRUCTION 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 -354, SETTING
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July 31, 2012
Page 3
PUBLIC HEARING FOR AUGUST 21, 2012, ON A PROPOSAL TO CONVEY A
SINGLE FAMILY HOME LOCATED AT 618 NORTH GILBERT STREET.
Correspondence: Traffic Engineering Planner regarding Change of parking meter
terms from 2 hours to 30 minutes for spaces numbered L1 28N and L1 30N on the
east side of the 100 block of North Linn Street; Traffic Engineering Planner regarding
Installation of ZIPCAR PARKING ONLY signs on the west side of the 300 block of
North Clinton Street; Traffic Engineering Planner regarding Removal of existing NO
PARKING 2 AM — 6 AM prohibition on South Linn Street meters L204S, L206S, and
on Iowa Avenue meters 1104E, and 1106E; Casey J. Kohrt; Val and Dick Donohoe
regarding Iowa City Chicken Ordinance; Jerry D. Moore regarding Artificial Flowers;
Cliff Pirnat regarding Rocky Shore; Patrick Jepson regarding Will Iowa City follow
Stockton California to bankruptcy ?]; M. K. Parnell regarding Greyhound Service
[Staff response included]; Andrea Rauer regarding Sycamore Mall management
concerns; Tony Barrino (x3) regarding Trillionaire Communications; Tam Bodkin
Bryk, Susan Boehlje regarding Moen Tower Project; Bobbie and Al Paxton, David
Goodner regarding Predatory lenders.
Moved by Throgmorton, seconded by Champion, to adopt RES. 12 -355,
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO
AN AGREEMENT BETWEEN THE CITY AND NATIONAL DEVELOPMENT COUNCIL
REGARDING COMMUNITY AND ECONOMIC DEVELOPMENT ADVISEMENT. PCD
Dir. Davidson presented information.
Bob Elliott, 1108 Dover St., acknowledged the efforts of City crews when a water
main broke on Sunday, July 22.
Moved by Mims, seconded by Payne, to set a public hearing for August 21 on an
ordinance rezoning approximately 2 acres of land located south of Highway 1 and west
of Shirken Drive at 521 and 531 Highway 1 West and from Intensive Commercial (CI -1)
to Community Commercial (CC -2) (REZ12- 00013).
Moved by Champion, seconded by Dickens, to set a public hearing for August 21 on
an ordinance amending Title 14, Zoning Code, to add a definition for "Delayed Deposit
Service Uses" and regulate said uses as provisional uses in the Community
Commercial Zone (payday lending).
A public hearing was held on a resolution amending the Comprehensive Plan to
change the land -use designation from Single - Family /Duplex Residential to Medium -
Density Multi - Family Residential for property located north of Benton Street between
George and Streb Streets (CA12- 00002) ( Oaknoll). The Mayor asked Council Members
to report any ex parte communications, and Dobyns, Throgmorton, Mims, and Hayek
reported communications. PCD Dir. Davidson present for discussion. The following
individuals appeared representing Oaknoll: Mark Seabold, Design architect from Shive
Hattery; Steve Rowe, Oaknoll Administrator and Chief Financial Officer; and Bob
Downer, attorney for Oaknoll. Individual Council Members expressed their views.
Moved by Mims, seconded by Payne, to adopt RES. 12 -356, AMENDING THE
COMPREHENSIVE PLAN TO CHANGE THE LAND -USE DESIGNATION FROM
SINGLE - FAMILY /DUPLEX RESIDENTIAL TO MEDIUM - DENSITY MULTI - FAMILY
RESIDENTIAL FOR PROPERTY LOCATED NORTH OF BENTON STREET
BETWEEN GEORGE AND STREB STREETS (CA12- 00002) ( Oaknoll). PCD Dir.
Davidson present for discussion. The Mayor declared the resolution adopted, 6/1, with
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July 31, 2012
Page 4
the following division of roll call vote: Ayes: Hayek, Mims, Payne, Champion, Dickens,
Dobyns. Nays: Throgmorton.
A public hearing was held on an ordinance rezoning 2.7 -acres of land located north
of Benton Street between George and Streb Streets from Medium Density Single Family
(RS -8) Zone to Overlay Planned Development Medium Density Multi - Family (OPD -RM-
20) Zone (REZ12- 00010) ( Oaknoll). No one appeared.
Moved by Mims, seconded by Dickens, that the ordinance approximately rezoning
2.7 -acres of land located north of Benton Street between George and Streb Streets
from Medium Density Single Family (RS -8) Zone to Overlay Planned Development
Medium Density Multi - Family (OPD- RM -20) Zone (REZ12- 00010) ( Oaknoll), be given
first vote. Pat Heiden, Oaknoll Director, and Mark Seabold, Design architect from Shive
Hattery appeared.
A public hearing was held on an ordinance vacating the public right -of -way of Spring
Street. (VAC12- 00004) ( Oaknoll). No one appeared.
Moved by Mims, seconded by Dickens, that the ordinance vacating the public right -
of -way of Spring Street (VAC12- 00004) ( Oaknoll), be given first vote.
A public hearing was held on an ordinance amending certain paragraphs within Title
14, Zoning Code, Articles 2a and 2b, to exempt blocks with three or fewer home lots
from front setback averaging. No one appeared.
Moved by Dobyns, seconded by Payne, that the ordinance amending certain
paragraphs within Title 14, Zoning Code, Articles 2a and 2b, to exempt blocks with three
or fewer home lots from front setback averaging, be given first vote.
Moved by Mims, seconded by Champion, that the ordinance conditionally rezoning
approximately 4.29 acres of land located on Walden Road, west of Mormon Trek
Boulevard from Medium Density Single Family Residential (RS -8) Zone to High Density
Single Family Residential (RS -12) Zone (REZ09- 00003), be given second vote. The
Mayor requested Council Members report any ex parte communications, and none were
reported.
Moved by Champion, seconded by Dickens, that ORD. 12 -4486, VACATING AND
CONVEYING AIR RIGHTS WITHIN THE PUBLIC RIGHT -OF -WAY LOCATED
ADJACENT TO THE PROPERTY AT 114 SOUTH DUBUQUE STREET, IOWA CITY,
IOWA. (VAC12- 00003) (Central Park), be passed and adopted. The Mayor declared
the ordinance adopted, 5/2, with the following division of roll call vote: Ayes: Dickens,
Dobyns, Mims, Payne, Champion. Nays: Throgmorton, Hayek.
Moved by Payne, seconded by Mims, to adopt RES. 12 -357, APPROVING THE
FINAL PLAT OF WINDSOR WEST PART TWO, IOWA CITY, IOWA (SUB12- 00009).
A public hearing was held on plans, specifications, form of contract, and estimate of
cost for the construction of the FY 2013 Asphalt Resurfacing Project, establishing
amount of bid security to accompany each bid, directing City Clerk to publish notice to
bidders, and fixing time and place for receipt of bids. No one appeared.
Moved by Mims, seconded by Dickens, to adopt RES. 12 -358, APPROVING
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE FY 2013 ASPHALT RESURFACING 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.
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July 31, 2012
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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 -4487, AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES
AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6,
ENTITLED "SPEED RESTRICTIONS ", SUBSECTION C, ENTITLED "SCHOOL SPEED
ZONES" TO CREATE A SCHOOL SPEED ZONE FOR BORLAUG ELEMENTARY AND
REPEAL THE SCHOOL SPEED ZONE FOR ROOSEVELT ELEMENTARY, 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 Mims, seconded by Champion, that the ordinance amending Title 4,
Alcoholic Beverages, Chapter 5, Prohibitions and Restrictions, Section 3, Consumption
or Possession in Public Places and City Buildings, Subsection B to allow for possession
and consumption in certain park buildings, pursuant to administrative rule; and
Subsection C to allow for alcohol possession and consumption in city buildings pursuant
to administrative rule, be given first vote. Senior Center Commissioner Jay Honohan
appeared.
Moved by Payne, seconded by Champion, that the ordinance amending Title 10,
entitled Use of Public Ways and Property," Chapter 3, entitled, "Commercial Use of
Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," to regulate sidewalk cafes
primarily by policy and administrative rules, be given first vote. The following individuals
appeared: Rebecca Neades, Chamber of Commerce and Jim Mondanaro, Mickey's.
Individual Council Members expressed their views.
Moved by Dobyns, seconded by Payne, to adopt RES. 12 -359, AWARDING
CONTRACT to Schrader Excavating & Grading for $313,297.05 AND AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONRACT FOR
CONSTRUCTION OF THE S. DUBUQUE STREET STORM SEWER AND WATER
MAIN IMPROVEMENTS PROJECT.
Moved by Mims, seconded by Payne, to adopt RES. 12 -360, AWARDING
CONTRACT to Schrader Excavating for $ 937,160.77 AND AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE HIGHWAY 1 TRAIL PROJECT - ORCHARD STREET TO
SUNSET STREET.
Moved by Dobyns, seconded by Dickens, to adopt RES. 12 -361, AWARDING
CONTRACT to Peterson Contractors, Inc. for $ 1,845,737.04 AND AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE U.S. HIGHWAY 6 AND SYCAMORE STREET
INTERSECTION IMPROVEMENT PROJECT.
Moved by Payne, seconded by Dickens, to adopt RES. 12 -362, AWARDING
CONTRACT to Septagon Construction Cedar Rapids, IA for $ 208,885.00 AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR CONSTRUCTION OF THE PUBLIC WORKS COMPLEX — WARM
STORAGE BUILDING PROJECT.
Moved by Champion, seconded by Dickens, to adopt RES. 12 -363, AWARDING
CONTRACT to Iowa Athletic Field Construction Co. for $ 98,777.00 AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
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July 31, 2012
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CONTRACT FOR RENOVATION OF FIELDS 1,2,3,4 AT THE NAPOLEON PARK
SOFTBALL COMPLEX PROJECT.
Moved by Mims, seconded by Dickens, to adopt RES. 12 -364, ADOPTING AN
ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN -UP OF PROPERTY,
SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND
DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY
TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES.
Moved by Champion, seconded by Dickens, to defer to August 21 a resolution
approving a settlement and rework agreement.
Moved by Champion, seconded by Mims, to defer to August 21 announcing two
vacancies on the Youth Advisory Commission for an unexpired term plus a two year
term, effective upon appointment — December 31, 2014, and a vacancy for a two -year
term January 1, 2011 — December 31, 2012, for Tate High.
Moved by Payne, seconded by Throgmorton, to make the following appointments to
Boards and Commissions: appoint Joe Dan Coulter, 1818 N. Dubuque St.; Orville
Townsend, Sr., 713 Whiting Ave.; Kingsley Botchway (chair), 260 Scott Ct., Apt. 3;
Donna Henry, 1926 Broadway St.; Bakhit Bakhit, 2610 Bartelt Rd., Apt. #10; Joan
Vanden Berg, 309 Fairview Ave.; and Cindy Roberts (vice chair) 2034 Grantwood St., to
the Ad Hoc Diversity Committee for six -month terms beginning September 1, 2012 —
March 10, 2013; appoint Christine Ogren, 140 Cardiff Circle, to the Airport Commission
for an unexpired term, effective upon appointment — March 1, 2014; reappoint Jarrod
Gatlin, 910 Benton Drive, #11 to Housing and Community Development Commission for
a three -year term September 1, 2012 — September 1, 2015; appoint Dan Tallon, 706 E.
Market Street, to Human Rights Commission for an unexpired term, effective upon
appointment, ending January 1, 2014; reappoint Royceann Porter, 136 Appanoose
Court, to Police Citizens Review Board for a four -year term September 1, 2012 —
September 1, 2016. Moved by Mims, seconded by Dickens, to accept correspondence
from Polly Nichols- Marshall and Christine Ogren.
The Mayor noted no applications were received for the following Boards and
Commissions and all will be readvertised: 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 on a trip to Madison, Wisconsin where he
met with former Mayor David Cieslewicz and staff people from the Economic
Development department.
Council Member Champion asked if there was interest to pursue smaller sidewalk
cafes, minus fencing. Concerns were expressed regarding ADA concerns and
Champion withdrew the request.
Council Member Dickens reminded everyone of the Sand in the City event coming
up August 10 -12.
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July 31, 2012
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Mayor Hayek announced the Mayor's of the Eastern Iowa Corridor have proclaimed
August 1 as Corridor Goes Casual for Kids Day and stated City staff will participate by
making $5 donations to a children's charity and wearing jeans to work on that day;
encouraged participation in the Rummage in the Ramp event which started July 27 and
runs through August 4; and wished Council Member Mims a Happy Anniversary.
City Manager Markus announced that the City had been names second best city for
successful aging by the Milken Institute; and announced that the QR codes previously
announced as being available at the entry door to Harvat Hall are not available on the
cable television channel during the meeting.
Moved by Payne, seconded by Mims, to adjourn formal meeting at 8:40 p.m. and
return to work session.
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
AUGUST 13, 2012
Iowa City City Council special meeting, 12:30 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Dickens, Hayek, Mims, Payne, Throgmorton.
Absent: Dobyns, Champion. Staff members present: Fruin, Dulek, Karr.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Mims, seconded by Throgmorton, to set a public hearing for August
21, 2012 to approve a purchase agreement between the City of Iowa City and Autohaus
Ltd. for lots 14 and 15 with an option on Lot 13 of the North Airport Development
Subdivision and to consider a proposal to convey said property.
Moved by Mims, seconded by Payne, to adjourn special meeting 12:32 p.m.
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk