HomeMy WebLinkAbout2012-12-18 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356 -5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
DECEMBER 18, 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, Davidson, Karr, Moran,
O'Brien, Miklo.
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 received, or approved, and /or adopted as amended:
Approval of Council Actions, subject to corrections, as recommended by the City
Clerk: November 26 Council Work Session; November 27 Council Work Session;
November 27 Special Council Formal Official & Complete; December 4 Council
Formal Official & Complete; December 7 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). Ad Hoc
Diversity Committee — November 13; Ad Hoc Diversity Committee — November 15;
Ad Hoc Diversity Committee — November 19; Ad Hoc Diversity Committee —
December 3; Airport Commission — October 18; Planning & Zoning Commission —
October 18; Planning & Zoning Commission — November 8; Planning & Zoning
Commission — November 15; Police Citizens Review Board — November 20; Senior
Center Commission — August 16; Telecommunications Commission — October 22.
Permit Motions and resolutions as recommended by the City Clerk. (Renewal):
Class C Liquor License for Mekong Enterprises, Inc., dba Mekong Restaurant, 5
Sturgis Corner Drive, Suite 1000; Class C Liquor License for Iowa City Yacht Club,
LLC., dba Iowa City Yacht Club, 13 S. Linn St.; Class C Liquor License for Carlos
O'Kelly's of Iowa City, Inc., dba Carlos O'Kelly's Mexican Cafe, 1411 S. Waterfront
Dr.; RES. 12 -514, TO ISSUE CIGARETTE PERMIT to Albasri, LLC, dba Zombies,
316 E. Burlington St.
Resolutions and Motions: RES. 12 -515, AMENDING THE BUDGETED
POSITIONS IN THE IOWA CITY PUBLIC LIBRARY BY ELIMINATING ONE
LIBRARY COORDINATOR, ONE LIBRARIAN II, 3.5 LIBRARY CLERKS AND
ADDING ONE SUPERVISING LIBRARIAN, ONE SENIOR LIBRARIAN, AND
THREE LIBRARY ASSISTANT Is; RES. 12 -516, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY,
IOWA FOR PROPERTY LOCATED AT 630 WHITING AVENUE, IOWA CITY,
IOWA; RES. 12 -517, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE
FOR THE PROPERTY LOCATED AT 162 DARTMOUTH STREET, IOWA CITY,
IOWA; RES. 12 -518, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY
OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY
LOCATED AT 708 5T" AVENUE, IOWA CITY, IOWA; Accepting the Iowa City
Downtown District's FY 13 and FY 14 budgets and directing staff to incorporate the
Complete Description
December 18, 2012
Page 2
corresponding figures into the city's respective budgets; RES. 12 -519,
ESTABLISHING NEW GENERAL GUIDELINES TO ASSESS FIRE DEPARTMENT
FEES AND RESCINDING RESOLUTION NO. 10 -35; RES. 12 -520, AWARDING
CONTRACT to Selzer Werderitsch Associates which includes Alternates #1 and #2
for $722,391.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE PUBLIC
WORKS FUEL FACILITY PROJECT; RES. 12 -521, ACCEPTING THE WORK FOR
THE S. DUBUQUE STREET STORM SEWER AND WATER MAIN
IMPROVEMENTS PROJECT; RES. 12 -522, ACCEPTING THE WORK FOR THE
IOWA CITY FIRE STATION NO. 4 PROJECT; RES. 12 -523, APPROVING,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST AMENDMENT #1 TO THE AUGUST 2, 2011 AGREEMENT BY
AND BETWEEN THE CITY OF IOWA CITY AND HDR ENGINEERING, INC. TO
PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE TAFT
SPEEDWAY FLOOD MITIGATION STUDY PROJECT; RES. 12 -524, APPROVING,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST AMENDMENT #1 TO THE JUNE 30, 2009 AGREEMENT BY
AND BETWEEN THE CITY OF IOWA CITY AND MMS CONSULTANTS, INC. TO
PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE WEST SIDE
LEVEE PROJECT; RES. 12 -525, AUTHORIZING THE CITY MANAGER TO SIGN
A CONSULTANT AGREEMENT WITH MCLAUGHLIN WHITEWATER DESIGN
GROUP FOR THE IOWA RIVER RESTORATION/ BURLINGTON STREET DAM
MODIFICATION PROJECT; RES. 12 -526, AUTHORIZING THE CITY MANAGER
TO SIGN A CONTRACT WITH T2 SYSTEMS FOR THE PURCHASE OF 6 PAY ON
FOOT MACHINES FOR THE TRANSPORTATION SERVICES DEPARTMENT;
RES. 12 -527, ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES
FOR PARKS AND RECREATION SERVICES AND PROGRAMS AND
RESCINDING AND REPEALING RESOLUTION NUMBER 11 -376 PREVIOUSLY
ESTABLISHING SAID FEES AND CHARGES; RES. 12 -528, AUTHORIZING THE
PROCUREMENT OF FOUR HEAVY DUTY CAB / CHASSIS TRUCKS AND FOUR
MULTI - PURPOSE DUMP TRUCK BODIES; RES. 12 -529, ON UNCLASSIFIED
SALARY COMPENSATION FOR FISCAL YEAR 2013 FOR THE CITY MANAGER,
CITY ATTORNEY AND CITY CLERK; Approve disbursements in the amount of
$13,343,967.24 for the period of November 1 through November 30, 2012, as
recommended by the Finance Director subject to audit.
Setting Public Hearing: RES. 12 -530, DETERMINING THE NECESSITY OF AND
SETTING DATES OF A CONSULTATION (JANUARY 3) AND PUBLIC HEARING
(JANUARY 22) ON A PROPOSED AMENDMENT NO. 11 TO THE CITY -
UNIVERSITY PROJECT I URBAN RENEWAL PLAN IN THE CITY OF IOWA CITY,
IOWA; RES. 12 -531, SETTING A PUBLIC HEARING ON 8T" OF JANUARY, 2013
ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF
COST FOR THE CONSTRUCTION OF THE SOUTH HICKORY HILL PARK SAFE
ROOM PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID
HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON
FILE FOR PUBLIC INSPECTION.
Complete Description
December 18, 2012
Page 3
Correspondence: Acting Traffic Engineering Planner regarding Prohibiting on-
street parking on the east side of Essex Street Between Wayne Avenue and the
Essex Street cul -de -sac [Staff response included and letters from Judy Clark and
Jenny Wiers]; Jeanette Carter regarding Thank you for donation to Free Lunch
Program; Sally Cline regarding Future Idyllwild Neighborhood Flood Mitigation Efforts
[Staff response included]; Dave Cusick regarding Mediacom Complaint [Staff
response included]; Melvin Lorenzo Kelly regarding Building A Better America — 2013-
2014 Presidential Letter; Mark Seabold regarding Iowa City's East Side Recycling
Center; Mark Patton regarding Open House; James and Patricia Ephgrave regarding
Gun Violence.
Mary Gravitt, 2714 Wayne Ave. #6, appeared regarding bullying in schools and
disturbances in the Library. Andy Dundon, Capitol House Apartments, reported
MegaBus customers using private parking at Capitol House apartments; Mayor Hayek
suggested the property manager of the facility be contacted. Ellen Sweet, 1219
Oakcrest St., appeared regarding private houses being blocked form the sun by the
Oaknoll expansion; staff will follow up.
Moved by Mims, seconded by Payne, to set a public hearing for January 8, 2013 on
a resolution to amend the Comprehensive Plan to include the Downtown and Riverfront
Crossings Plan.
A public hearing was held on an ordinance amending the Planned Development
Overlay Medium Density Single - Family (OPD -8) Plan for 6.53 acres of land located at
Camp Cardinal Boulevard, Ryan Court, and Preston Lane to change townhouse style
units to zero lot line dwellings (REZ12- 00024). The Mayor requested disclosure of any
ex parte communications, and none were reported. PCD Dir. Davidson presented a
power point. Glenn Siders, Southgate Development, present for discussion.
Moved by Mims, seconded by Payne, that the ordinance amending the Planned
Development Overlay Medium Density Single - Family (OPD -8) Plan for 6.53 acres of
land located at Camp Cardinal Boulevard, Ryan Court, and Preston Lane to change
townhouse style units to zero lot line dwellings (REZ12- 00024), be given first vote.
A public hearing was held on an ordinance designating the Jefferson Street National
Register Historic District as a Historic Overlay (OHP) Zone (REZ12- 00027). The Mayor
requested disclosure of any ex parte communications, and Hayek, Dickens, and
Throgmorton reported. PCD Dir. Davidson presented a power point. Sr. Planner Miklo
present for discussion. The following individuals appeared: Phil Launspach, 136 Koser
Ave., owner of properties in the 400 block of Jefferson; Ginalie Swaim, 1024 Woodlawn
Ave., Historic Preservation Commission Chair; Alicia Trimble, Executive Director of
Friends of Historic Preservation; Nathan Marks, 404 Jefferson; Chair of the
Congregation St. Paul's Lutheran Chapel; Leigh Ann Randak, 629 Wheaton Rd., Board
of Directors of Preservation Iowa; Andy Small, homeowner; Charles Thiede, 214 E.
Jefferson, Facilities Manager at First United Methodist Church; Susan Futrell, 311
Fairchild St.; Maeve Clark, 428 Clark St., Board of Friends of Historic Preservation; Pam
Michaud, 109 S. Johnson; Christina Welu- Reynolds, 619 Brown St.; John Christiansen,
827 Dearborn, Chair of the Johnson County Preservation Commission; Missy Molleston,
825 N. Gilbert, representing 424 Jefferson; Brandon Ross, Rochester Ave.; Mary
Bennett, State Historical Society; Matthieu Biger, 519 N. Johnson, Board of the
Northside Neighborhood Association; William Dull, Columbus Junction; Mike Wright,
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December 18, 2012
Page 4
225 N. Lucas St., Coordinator of the Northside Neighborhood Association; Nancy
Carlson, 1002 E. Jefferson; Mary Gravitt, 2714 Wayne Ave. # 6; Gregory Cilek,
Chairman of the Cilek Family Historical Society; Joni Kinsey Fields, 602 Granada Ct.;
Jim Hawtrey, 534 S. Dodge. Individual Council Members expressed their views.
Moved by Mims, seconded by Payne, that the ordinance designating the Jefferson
Street National Register Historic District as a Historic Overlay (OHP) Zone (REZ12-
00027), be given first vote. Individual Council Members expressed their views. Moved
by Throgmorton, seconded by Payne, to accept correspondence from: Jan Ahlberg,
Frank and Abby Bowman, Suzanne Bradley, Paula Overland Brandt, Jeanette Carter,
Gregory Cilek, William Dull, Sandie Eskin, Pat Farrant, Judith Felder, Maggie Graham,
Jim Hayes, Ben Lewis, Jix and Jean Lloyd- Jones, Philip Lutgendorf, Jon McPheron,
Forrest Meyer, Quenby Murphy, Niki Neems, Josie Neumann, Jim Ponto, Jeff Porter
and Claire Sponsler, Susan Prepejchal, Nancy, Romalov, Barbara Schelar, Charles
Scott, Beth Smith, Mark Smith, Diane Spielbauer, Charles Stanier, Garrett Steward and
Natasa Durovicova, Nialle Sylvan, Michelle Wiegand, Bryan Clark (7), John Roffman
(2), Dorothy and Richard Morrissey (3), Kevin Deets, Jane Deets, Donna and William
Launspach (2), Philip Launspach, Avrohom Blesofsky, Brian Saunders, Andy Small,
Frank Gersh and Martha Gordon, Mary Buchanan, Christina Welu- Reynolds, Marlys
Svendsen, Helene Provencal, Tom Baldridge, Tom Rosenberger John Cummiskey, Eric
Gidal, David McCartney.
Council Member Payne left the meeting due to a conflict of interest on the next item.
A public hearing was held on an ordinance conditionally rezoning .22 acres of land
located at 221 and 225 North Linn Street and the adjacent .07 acre lot associated with
the MidAmerican Substation from Neighborhood Stabilization Residential (RNS -12) to
Central Business Service (CB -2) (REZ12- 00028). PCD Dir. Davidson presented a
power point. The Mayor requested Council Members disclose any ex parte
communications and none were reported. Jessie Allen, owner of Northside Commons,
appeared. Individual Council Members expressed their views.
Moved by Dobyns, seconded by Dickens, that the ordinance conditionally rezoning
.22 acres of land located at 221 and 225 North Linn Street and the adjacent .07 acre lot
associated with the MidAmerican Substation from Neighborhood Stabilization
Residential (RNS -12) to Central Business Service (CB -2) (REZ12- 00028), be given first
vote.
Council Member Payne returned to the meeting.
A public hearing was held on an ordinance conditionally rezoning approximately 7.79
acres of land located at the northeast corner of the intersection of North Dodge Street and
Prairie Du Chien Road from Medium Density Single Family (RS -8), Neighborhood Public
(P -1) and Highway Commercial (CH -1) to Planned Development Overlay- Community
Commercial (OPD -CC -2) (REZ12- 00026). The Mayor requested Council Members
disclosure any ex parte communications and Mayor Hayek reported. PCD Dir. Davidson
presented a power point. Mike Pugh, counsel for Hy -Vee Food Stores and Pete Hosch,
Hy -Vee corporate offices in West Des Moines, appeared. Individual Council Members
expressed their views.
Moved by Payne, seconded by Dobyns, that the ordinance conditionally rezoning
approximately 7.79 acres of land located at the northeast corner of the intersection of
North Dodge Street and Prairie Du Chien Road from Medium Density Single Family (RS-
Complete Description
December 18, 2012
Page 5
8), Neighborhood Public (P -1) and Highway Commercial (CH -1) to Planned Development
Overlay - Community Commercial (OPD -CC -2) (REZ12- 00026), be given first vote.
A public hearing was held on an ordinance vacating the right -of -way for a portion of
St. Clement Street (VAC12- 00004). No one appeared.
Moved by Dobyns, seconded by Mims, that the ordinance vacating the right -of -way
for a portion of St. Clements Street (VAC12- 00004), be given first vote.
Moved by Champion, seconded by Mims, that ORD. 12 -4507, CONDITIONALLY
REZONING APPROXIMATELY 1.02 ACRES OF LAND LOCATED ON 1ST AVENUE
NORTH OF ROCHESTER AVENUE FROM LOW DENSITY SINGLE FAMILY
RESIDENTIAL(RS -5) TO LOW - DENSITY MULTI - FAMILY RESIDENTIAL (RM -12)
(REZ12- 00025), be passed and adopted. The Mayor requested Council Members
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 Fairmeadows Park Splash Pad
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 Throgmorton, seconded by Champion, to accept correspondence
from Michael Miller.
Moved by Dobyns, seconded by Payne, to adopt RES. 12 -532, APPROVING
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE FAIRMEADOWS PARK SPLASH PAD 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 by Mims, seconded by Payne, that ORD. 12 -4508, AMENDING TITLE 7,
CHAPTER 1, FIRE PREVENTION AND PROTECTION, BY ADOPTING THE 2012
EDITION OF THE INTERNATIONAL FIRE CODE TO REGULATE AND GOVERN THE
SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION
HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS
SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS
HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND
PREMISES IN THE CITY OF IOWA CITY AND PROVIDING FOR THE ISSUANCE OF
PERMITS, be passed and adopted.
Moved by Mims, seconded by Dickens, that the ordinance amending Title 10 of the
City Code, entitled "Public Ways and Property," Chapter 5, entitled "City Plaza," to allow
the City Manager to determine the location of the information tables on City Plaza, be
given first vote.
Moved by Champion, seconded by Payne, that ORD. 124509, PROVIDING THAT
GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL
PROPERTY LOCATED WITHIN THAT AREA ADDED TO THE CITY - UNIVERSITY
PROJECT 1 URBAN RENEWAL AREA PURSUANT TO THE TENTH AMENDMENT
THERETO IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA,
BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY,
COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER
TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL
AND INTEREST ON LOANS, REBATES, GRANTS, MONIES ADVANCED TO AND
Complete Description
December 18, 2012
Page 6
INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY
SAID CITY IN CONNECTION WITH THE CITY - UNIVERSITY PROJECT 1 URBAN
RENEWAL PLAN, be passed and adopted.
Moved by Payne, seconded by Champion, that ORD. 12 -4511, AMENDING TITLE
5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 1, ENTITLED
"GENERAL LICENSING PROVISIONS" AND CHAPTER 2, ENTITLED "TAXICABS" TO
REQUIRE LOCATION OF A DISPATCH OFFICE TO BE IN IOWA CITY OR
CORALVILLE CITY LIMITS AND ALLOW FLEXIBILITY FOR DISPATCHING FROM
THE OFFICE; RESTRICT NEW COMPANIES TO STARTING JUNE 1 OF EACH
YEAR; CLARIFY LANGUAGE REGARDING VEHICLE LETTERING, AND REQUIRE
DRIVER IDENTIFICATION TO BE POSTED IN THE VEHICLE FACING THE
PASSENGERS, be passed and adopted; and to defer until January 8 the portion of the
ordinance requiring a distinctive color scheme for all vehicles driven by a company.
Dennis Doderer appeared. Moved by Mims, seconded by Dickens, to accept
correspondence from Dennis Doderer (2), Chris Cutkomp, Doug Kallin.
Moved by Mims, seconded by Dobyns, that ORD. 12 -4511, AMENDING TITLE 8,
ENTITLED "POLICE REGULATIONS," CHAPTER 4, ENTITLED "ANIMAL CONTROL,"
TO ESTABLISH A PERMIT PROCESS FOR URBAN CHICKENS, be passed and
adopted. The Mayor declared the ordinance adopted, 5/2, with the following division of
roll call vote. Ayes: Throgmorton, Champion, Dobyns, Hayek, Mims. Nays: Payne,
Dickens. Correspondence from Mary Kirkpatrick accepted.
Moved by Champion, seconded by Mims, to adopt RES. 12 -533, ADOPTING AN
URBAN CHICKEN POLICY. Moved by Throgmorton, seconded by Dobyns, to amend
the policy by automatically having the veto provision of the section entitles "Neighbor
Consent" expire after two years. The Mayor declared the motion to amend defeated,
3/4, with the following voice vote: Ayes: Throgmorton, Mims, Dobyns. Nays: Hayek,
Payne, Champion, Dickens. Individual Council Members expressed their views, original
motion adopted.
Moved by Payne, seconded by Dickens, to adopt RES. 12 -534, RECOMMENDING
A SHARED VISION FOR THE FUTURE PLANNING AND DEVELOPMENT OF THE
IOWA CITY COMMUNITY SCHOOL DISTRICT AND THE CITY OF IOWA CITY.
Individual Council Members expressed their views.
Council member Payne left the meeting due to a conflict of interest.
Moved by Champion, seconded by Mims, to select the top three development
proposals (The Chauncey, Chauncey Gardens, and 4 Zero 4) for the north east corner
of College Street and Gilbert Street, directing staff to begin negotiating a development
agreement. Individual Council Members expressed their views. Moved by Champion,
seconded by Mims, to accept correspondence from: Jesse Allen, Barbara Bailey, Joy
Bayshore, Nick Bergus, Anne Burnside, Matthew Butler, Jeanette Carter, Sarah Clark,
Steven Davis, Bryson Dean, Thomas Dean, Rob Decker, Alese DeSchepper, Sharon
DeGraw for Jiyun Park, Francesca Djordjevich, Carol deProsse (2), Parker Dobberstein,
Judy Doorenbos, Brian Flanagan, Tim Dwight, Jake Christensen, Justin Doyle, Don
Fowles, Blair Frank, David Borger Germann, Jim Glasgow, Marie Therese Guirgis,
Trevor and Sara Harvey, Del Holland, Tyler Johnson, Cecile Kuenzli, Dimitrios Latsis,
Don Laughlin, Julia Leonard, Emily Light, Jacob Livermore, Jackie Loesche, Kembrew
McLeod, Forrest Meyer, Ross Meyer, Melissa Moreton, Jackie Nickolaus, George
Complete Description
December 18, 2012
Page 7
Sherman, Matt Niebuhr, Martha Norbeck, Benjamin Oakes, Lindsay Olesberg, John
Richard, Steven Rohrbach, Sheila Samuelson, Eli Shepherd, Susan Shullaw, Chris
Taylor, Joseph Tiefenthaler, Benjamin Webb, Anne Tanner, Alane Wessels, Marc
Gullickson, Lisa Case, Henry Madden, Carol deProsse (2), Dennett Hutchcroft Cynthia
Pauley, Lydia Thies, Susan Futrell, Matt Hartz, Peter Fisher, Kristy Hartsgrove.
Council Member Payne returned to the meeting.
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,
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, January 8, 2013.
Moved by Mims, seconded by Payne, to make the following appointments: reappoint
John Roffman, 1314 Burry Drive, to the Board of Appeals for a Home Builders
Association Representative; Or a qualified trade representative, if after 3 months no
professional applies or is appointed, to fill a five -year term January 1, 2013 - December
31, 2017; appoint Tam Bodkin Bryk, 351 Magowan Avenue, to Public Art Advisory
Committee for a three -year term, January 1, 2013 — January 1, 2016; reappoint Maggie
Elliott, 1316 Center Avenue and appoint Alex Taylor, 1309 Goldenrod Drive, to the
Parks and Recreation Commission for two vacancies to fill four -year terms, January 1,
2013 — January 1, 2017. Moved by Mims, seconded by Dobyns, to accept
correspondence from Patrick Cannon, Clay Claussen.
The Mayor noted no applications were received and /or gender balance requirement
not met for the following vacancies and all will be readvertised: Board of Adjustment for
a five -year term, January 1, 2013 — January 1, 2018; 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 attending the Community Choir event at
Oakdale Prison and praised all singers and Mary Cohen, Associate Professor of Music
for the great event.
Council Member Dickens wished everyone a great holiday season; and encourages
everyone to drive safely with the pending snowfall.
Council Member Payne echoes the comments regarding the holiday season.
Moved by Mims, seconded by Payne, to adjourn regular meeting 9:56 p.m.
Matthew J. Hayek, Mayor
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Marian K. Karr, City Clerk
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t,i -a ®_64 CITY OF IOWA CITY 2a(l)
MEMORANDUM
Date: December 5, 2012
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, November 26, 2012, 5:00 PM in Emma J. Harvat Hall
Council: Champion, Dickens, Dobyns, Hayek, Mims, Throgmorton. Absent: Payne
Staff: Markus, Fruin, Yapp, Davidson, Karr, Long, Fosse
(A complete transcription and power point presentations are available in the City Clerk's Office
and the City website)
Presentation of development proposals for College Street/Gilbert Street
PCD Dir. Davidson and Metropolitan Planning Organization Dir. & manager for the project Yapp
outlined the process for the presentations. The following proposals were presented:
➢ Sherman Associates - Option # 1
George Sherman, President/Owner, Sherman Associates
David Graham, Principal, ESG Architects
Jackie Nickolaus, Vice President/Project Manager, Sherman Associates
➢ Chauncey Gardens
Jessie Allen, President, Chauncey Gardens
Tom Kaut, Vice President, Chauncey Gardens
John Rummelhart, Member Manager
George Wagner, Member Manager
Dwight Doberstein, Principal -In- Charge, Neumann Monson Architects
Khalid Khan, Project Designer, Neumann Monson Architects
Matt Krieger, Sustainability Leader, Neumann Monson Architects
➢ The Chauncey
Steven Rohrbach, Rohrbach Associates; Design Professional, The Chauncey
Andy Brodie, FilmScene Co- Founder
Marc Moen, moengroup; Management Agency, The Chauncey
➢ 4 Zero 4
Tim Dwight, Business Development, Integrated Power Corporation
Jack Christensen, President, Christensen Development
Justin Doyle, Principal, MODUS Engineering
Mark Seabold, AIA, Shive- Hattery, Architecture - Engineering
➢ Ryan / Iceberg
Marc Gullickson, President -Ryan Iowa, Ryan Companies
Jim Bergman, President, Iceberg Development Group
Brad Brown, OPN Architects
Meeting adjourned 8:00 PM.
CITY OF IOWA CITY
W MEMORANDU M
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Date: December 12, 2012
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, November 27, 2012, 5:00 PM in Emma J. Harvat Hall
Council: Champion, Dickens, Dobyns, Hayek, Payne, Throgmorton Absent: Mims
UISG: Bramel
Staff: Markus, Fruin, Bentley, Dilkes, Karr, O'Malley, Davidson, Dulek, Fosse, Rocca,
Grier, Knoche, Reichart, Goodman, Boothroy
(A complete transcription and power point presentations are available in the City Clerk's Office
and the City website)
QUESTIONS FROM COUNCIL RE AGENDA ITEMS & INFORMATION PACKET
1. (Agenda items # 5f — ordinance conditionally rezoning ... 1030 William Street; and
Agenda item # 16 — resolution authorizing letter of support .... Multi -unit senior
residential project at 1030 William Street ...) Mayor Hayek stated the Council has been
asked to move up agenda item # 16 and consider right after the rezoning request for the
same property. Majority agreed.
2. (Agenda items # 5g — ordinance amending Title 14 ..... keeping of chickens as
accessory use to single family detached uses; and Agenda item # 10 — ordinance
amending Title 8 ... to establish a permit process for urban chickens) Mayor Hayek
asked that to be efficient for public input Council move up consideration of item # 10
regarding the permit process right after consideration of # 5g the rezoning portion.
Majority agreed.
3. (IP 3 of 11/15 Information Packet — Memo from Development Regulations Specialist:
Flood Insurance) PW Dir. Fosse responded to questions.
4. (Agenda item # 9, resolution ... proceeding with Taft Speedway Levee Project Alternate
7) Council Member Throgmorton stated his interest to defer consideration of the
resolution and allow Council to process what was presented at the formal meeting.
Individual Council Members indicated an interest to discuss the matter at the conclusion
of the formal meeting.
5. Mayor Hayek announced that Mayor Pro tem Mims would be arriving late to the meeting.
6. (Agenda item # 5d — conditionally rezoning ... 1 St Avenue north of Rochester Avenue...
Council Member Dobyns noted correspondence from Sue Ford and requested staff
respond at the formal meeting. PCD Dir. Davidson indicated he would review the
correspondence prior to the formal meeting.
Council Work Session
November 27, 2012
Page 2
7. (Agenda item # 14 — ordinance providing general property taxes be levied ... University
Project 1 Urban Renewal Area ...) In response to Council Member Throgmorton, City
Manager Markus and City Atty. Dilkes stated the ordinance creates the authority to set-
up the TIF area; and the base valuation as of January 1, 2011 for the amended area.
Actual monies are not captured until the debt is certified in separate action.
8. (Agenda item # 5c — setting a public hearing .. North Linn Street ... MidAmerican
substation) Council Member Payne stated she would be abstaining
PROPOSED URBAN CHICKEN ORDINANCES AND RESOLUTION rAGENDA # 5g & 10
City Manager Markus and City Atty. Dilkes facilitated the discussion referring to the November
20 memo from Asst. City Atty. Dulek. Majority of Council indicated they would not support the
ordinances without including a "veto" clause in the process. After discussion a majority of
Council directed staff to make the following amendments in the ordinance and /or resolution:
Define "neighbor" as a tenant or lease
"neighboring property" would include any property that touches or abuts
Neighboring property is one that shares a property line — if only at the corner of the rear yard
Neighboring property does not include a neighboring structure if there is no shared property line
In addition a majority agreed to retain the initial permit fee at $100 but extend the permit to three
years (rather than one); and as part of the fee a re- inspection would be done on or about the
first anniversary of the issuance to ensure compliance. Animal Services Supr. Goodman
present for discussion.
Action: Prepare resolution for action on the December 4 meeting. (Dilkes)
DISCUSSION REGARDING LEGISLATIVE PRIORITIES rIP # 31
City Manager Markus reviewed the four key priorities outlined in the memo from the Asst. to the
City Manager. Finance Dir. O'Malley, Fire Chief Rocca and Asst. to the City Manager Fruin
present for discussion.
ACTION: Prepare resolution for December 4 action. (Markus) Schedule work session
discussion on December 4 regarding Iowa Recycling Association Container Deposit Law.
( Fruin)
INFORMATION PACKET DISCUSSION [November 15,21]
November 15
1. (IP7 — Police Bar Check) In response to Council Member Payne, City Atty. Dilkes
stated PAULAs and under 21 charges are different, and officers may cite one or both
depending on the circumstances. Mayor Hayek requested staff repeat the headers on
the top of each page of the bar check report chart on for ease in reading.
2. (IP3 — Flood Insurance) In response to Council Member Dobyns, City Atty. Dilkes
confirmed that Idyllwild condominiums were not required to have flood insurance but the
City did provide (jump start) assistance for repairs to 53 owners. Dilkes added that an
owner was entitled to assistance after an analysis of what other benefits they could get,
including insurance.
3. Mayor Hayek confirmed Council Member Throgmorton would be doing the KXIC radio
show the next morning.
Council Work Session
November 27, 2012
Page 3
November 21
1. (IP5 — Memo from Transportation Services Dir.: Downtown Parking Update) In
response to Council Member Payne, Asst. to the City Manager Fruin stated staff was
trying to reach the business community with daytime meetings, and additional evening
meetings could be scheduled.
2. (IP6 — Distinguished Budget Presentation Award) Mayor Hayek acknowledged the
award received by the City, and City Manager Markus stated it was unusual to receive
the award the first year of applying.
COUNCIL TIME
None
PENDING WORK SESSION TOPICS [IP #4]
1. Council Member Throgmorton requested a future work session focused on "gap
financing ". A majority directed staff to contact Tom Jackson, National Development
Council, and see if he would be available for the December 18th work session.
2. Council Member Throgmorton noted correspondence received on the November 13th
Consent Calendar requesting Council consider a resolution requiring mandatory labeling
of genetically modified food, and requested it be placed on a work session.
MEETING SCHEDULE [IP #6,71
City Clerk Karr reported that a majority of area legislators can attend a joint meeting on Friday,
December 7, at noon (prior to the staff evaluations). Majority agreed to the date and time.
ACTION: Confirm with area legislators. (Karr)
UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS
Mayor Hayek indicated he would be ringing the bell for Salvation Army on November 29 at the
Waterfront Hy -Vee from noon to 2:00 PM.
Council Member Throgmorton stated he would be meeting with a Cub Scout group prior to the
work session on December 4.
Meeting adjourned 6:35 PM.
Subject to change as finalized by the City Clerk. For a final official copy, contact the 2a(3)
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 — 11/27/12
Iowa City City Council special meeting, 7:00 p.m. at City Hall. Council Members
present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent:
None.
The Mayor presented Outstanding Student Citizenship awards to Lincoln Elementary
students: Marshall Blatz and Josie Leftwich.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved and seconded that the items and recommendations in the Consent Calendar
be received, or approved, and /or adopted as amended:
Approval of Council Actions, subject to corrections, as recommended by the City
Clerk: November 13 Council Work Session; November 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): Ad Hoc
Diversity Committee October 29; Board of Adjustment — October 10; Historic
Preservation Commission — September 13; Historic Preservation Commission —
October 11 (5:15); Historic Preservation Commission — October 11 (6:30); Housing &
Community Development Commission — October 18.
Permit Motions and Resolutions as Recommended by the City Clerk.
(New): Class E Liquor License for Iowa City Fast Break, 2580 Naples Ave.;
(Renewal): Class C Liquor License for Quinton's Bar & Deli, 215 E. Washington St.;
Class C Liquor License for The Sanctuary Restaurant, 405 S. Gilbert St.; Class C Liquor
License for The Club Car, 122 Wright St.; Class C Liquor License for Buffalo Wild Wings
Grill & Bar, 201 S. Clinton St. Suite 120; Special Class C Liquor License for Pagliai's
Pizza, 302 E. Bloomington St.; Class C Liquor License for Clinton Street Social Club, 18
Y2 S. Clinton St.
Resolutions and Motions: RES. 12 -492, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF MORTGAGE FOR
THE PROPERTY LOCATED AT 985 LONGFELLOW COURT, IOWA CITY, IOWA;
RES. 12 -493, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO SUBORDINATION AGREEMENTS BETWEEN THE CITY OF IOWA
CITY AND GREAT WESTERN BANK, NORTH LIBERTY, IOWA FOR
PROPERTIES LOCATED AT 2022 HANNAH JO COURT, 2030 HANNAH JO
COURT, 705 -707 WESTGATE, 1232 ESTHER COURT, 2934 -2936 CORNELL, 125
S. LOWELL, 315 -317 CAMDEN, 2159 -2161 TAYLOR, 2327 -2329 COURT, 1201,
1221, 1241 MOSES BLOOM, 1267 -1269 SWISHER, 1287 -1289 SWISHER, 1301
MUSCATINE, IOWA CITY, IOWA; RES. 12 -494, 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 1015 DIANA
STREET, IOWA CITY, IOWA; RES. 12 -495, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT
Official Actions
November 27, 2012
Page 2
BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY,
IOWA FOR PROPERTY LOCATED AT 609 MANOR DRIVE, IOWA CITY, IOWA;
RES. 12 -496, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE
PROPERTY LOCATED AT 323 FAIRVIEW, IOWA CITY, IOWA; RES. 12 -497,
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
1963 CHELSEA COURT, IOWA CITY, IOWA; RES. 12 -498, AUTHORIZING THE
EXECUTION OF A MARKETING AGREEMENT WITH THE IOWA CITY
DOWNTOWN DISTRICT; RES. 12 -499, ACCEPTING THE DEDICATION OF AND
AUTHORIZING THE MAYOR TO ENTER INTO A PERMANENT WATER MAIN
EASEMENT AGREEMENT WITH THE UNIVERSITY OF IOWA FOR THE IOWA
RIVER WATER MAIN CROSSINGS PROJECT; RES. 12 -500, APPROVING,
AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST AMENDMENT #2 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 -501, AUTHORIZING
THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT WITH MIDWESTONE BANK FOR PROPERTY
LOCATED AT 894 MCCOLLISTER COURT; RES. 12 -502, DIRECTING THE
FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 FOR THE
2012 END OF YEAR CERTIFICATION OF URBAN RENEWAL PROJECTS; RES.
12 -503, AMENDING THE AFSCME PAY PLAN BY RECLASSIFYING THE
POSITION OF RECEPTIONIST SENIOR CENTER FROM GRADE 1 TO GRADE
2; RES. 12 -504, AMENDING THE BUDGETED POSITIONS IN THE IOWA CITY
POLICE DEPARTMENT BY ADDING TWO FULL -TIME POLICE OFFICERS
POSITIONS; RES. 12 -505, SETTING A PUBLIC HEARING ON DECEMBER 4,
2012 ON PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR
CONSTRUCTION OF THE ROCHESTER AVENUE BRIDGE OVER RALSTON
CREEK PROJECT (F /K/A ROCHESTER AVENUE BRIDGE 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.
Correspondence: Melvin Lorenzo Kelly regarding Emergency Evacuation Plans;
Sandie Eskin regarding North Liberty Pet Ordinance [Staff response included]; Melvin
Lorenzo Kelly regarding Wasteful Spending in Homelessness; Sydney Ingram;
McKenzie Fluaitt regarding House Parties [Staff response included]; Pax Puran
regarding Kirkwood Ave. and South Summit Intersection [Staff response included];
Brandon Juniel regarding Curfew Ordinance [Staff response included]; Melvin Lorenzo
Kelly regarding Neighborhood Crime Watch; Jonathan Bluemke, Nancy Reimer
regarding Requesting a New City Ordinance regarding landlord misconduct [Staff
response included]; John Stamler regarding Traffic Cameras [Staff response
included]; Joe Reilly, Jim Schlott, Nathalie Carlson, Brion Hurley, Amanda Froese,
James Ponto regarding Gilbert Street / College Street development proposals.
Official Actions
November 27, 2012
Page 3
Matt Ohloff, 827 E. Market St., requested Council consider a resolution concerning
labeling genetically engineered foods. Moved and seconded to accept correspondence
from Mr. Ohloff.
Moved and seconded to set a public hearing for December 18, 2012, on an
ordinance amending the Planned Development Overlay Medium Density Single - Family
(OPD -8) plan for 6.53 acres of land located at Camp Cardinal Boulevard, Ryan Court,
and Preston Lane to change townhouse style units to zero lots line dwellings (REZ12-
00024).
Moved and seconded to set a public hearing for December 18 on an ordinance
designating the Jefferson Street National Register Historic District as a Historic Overlay
(OHP) Zone (REZ12- 00027).
Council Member Payne abstained from the following vote due to a conflict of
interest.
Moved and seconded to set a public hearing for December 18, 2012, on an
ordinance conditionally rezoning .22 acres of land located at 221 and 225 North Linn
Street and the adjacent .07 acre lot associated with the MidAmerican substation from
Neighborhood Stabilization Residential (RNS -12) to Central Business Service (CB -2).
(REZ12- 00028).
A public hearing was held on an ordinance conditionally rezoning approximately 1.02
acres of land located on 1 st Avenue north of Rochester Avenue from Low Density Single
Family Residential(RS -5) to Low - Density Multi - Family Residential (RM -12) (REZ12-
00025). Ed Wasserman, 555 n. First Ave., appeared. Moved and seconded to accept
correspondence from Sue Forde.
Moved and seconded that the ordinance conditionally rezoning approximately 1.02
acres of land located on 1St Avenue north of Rochester Avenue from Low Density Single
Family Residential(RS -5) to Low - Density Multi - Family Residential (RM -12) (REZ12-
00025), be given first vote. The Mayor declared the motion carried, 6/1.
Moved and seconded that the ordinance amending the Planned Development
Overlay Medium - Density Single - Family (OPD -8) plan for Saddlebrook Meadows Part 1 to
add a single -story ranch -style house plan to the previously approved OPD Plan for
property located at Whispering Meadows Drive and Pinto Lane (REZ12- 00022), be given
second vote.
Moved and seconded to move up item 16 on the agenda for discussion at the
same as # 5g.
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 -4500, CONDITIONALLY REZONING APPROXIMATELY 1.38 ACRES
LOCATED AT 1030 WILLIAM STREET FROM COMMERCIAL OFFICE (CO -1) TO
MEDIUM - DENSITY MULTI - FAMILY (RM -20) (REZ12- 00023), 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 -506, AUTHORIZING THE MAYOR TO
SIGN A LETTER OF SUPPORT OF THE APPLICATION OF IOWA CITY SENIOR
APARTMENTS, L.P. FOR LOW INCOME HOUSING TAX CREDITS (LIHTC) TO
Official Actions
November 27, 2012
Page 4
CONSTRUCT A MULTI -UNIT SENIOR RESIDENTIAL PROJECT AT 1030 WILLIAM
STREET AND COMMITTING LOCAL FUNDS TO THE PROJECT.
Moved and seconded to move up item 10 on the agenda for discussion with item #
5g, and action after item # 5g.
Moved and seconded that the ordinance amending Title 14, Zoning Code, Article 4C,
Accessory Uses and Buildings, to allow for the keeping of chickens as an accessory use
to single family detached uses and to reference standards for structures for the keeping of
chickens, be given second vote. The following individuals appeared: Ed Sobolewski, 746
Juniper Dr.; Martha Norbeck, 906 S. 7th Ave.; Mary Jo DalX, 532 Meadow St.; Jarrett
Mitchell, 304 S. Summit St.; Shannon Gassman, 741 S. 7t Ave.; Judith Pascoe, 317
Fairchild St.; Don Anciaux, 2119 Russell Ave; Drew Dillman, 845 Normandy Dr.; The
Mayor declared the motion carried, 5/2.
Moved and seconded that the ordinance amending Title 8, entitled "Police
Regulations," Chapter 4, entitled "Animal Control," to establish a permit process for
urban chickens, be given second vote. Dobyns and Mims amended the motion on the
floor to reflect first consideration. The Mayor declared the motion for first consideration
as amended carried, 5/2. Moved and seconded to accept correspondence from Brien
Hemann, Mary Strum, Russell Haught, Pat Knebel, Shannon Gassman, Sarah
McElligott, Trish Nelson, Tammia Prottsman, Martha Norbeck, Fred Meyer, Elizabeth
Cummings, Sondy Kaska, Matt Krieger.
Moved and seconded that ORD. 12 -4501, REZONING 1.1 -ACRES OF LAND
LOCATED AT 2225 MORMON TREK BOULEVARD FROM INTENSIVE COMMERCIAL
(CI -1) TO COMMUNITY COMMERCIAL (CC -2) (REZ12- 00020), be passed and
adopted.
A public hearing was held on the ordinance amending an Title 7, Chapter 1, Fire
Prevention and Protection, by adopting the 2012 Edition of the International Fire Code
to regulate and govern the safeguarding of life and property from fire and explosion
hazards arising from the storage, handling and use of hazardous substances, materials
and devices, and from conditions hazardous to life or property in the occupancy of
buildings and premises in the City of Iowa City and providing for the issuance of
permits.
Moved and seconded that the ordinance amending an Title 7, Chapter 1, Fire
Prevention and Protection, by adopting the 2012 Edition of the International Fire Code
to regulate and govern the safeguarding of life and property from fire and explosion
hazards arising from the storage, handling and use of hazardous substances, materials
and devices, and from conditions hazardous to life or property in the occupancy of
buildings and premises in the City of Iowa City and providing for the issuance of
permits, be given first vote.
A public hearing was held on a resolution authorizing conveyance of a single family
home located at 654 South Lucas Street.
Moved and seconded to adopt RES. 12 -507, AUTHORIZING CONVEYANCE OF A
SINGLE FAMILY HOME LOCATED AT 654 SOUTH LUCAS STREET.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the Public Works - Fuel Facility
Project, establishing amount of bid security to accompany each bid, directing City Clerk
to publish notice to bidders, and fixing time and place for receipt of bids.
Official Actions
November 27, 2012
Page 5
Moved and seconded to adopt RES. 12 -508, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE PUBLIC WORKS - FUEL FACILITY 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 discussion was held on the resolution proceeding with Taft Speedway
Levee Project Alternate 7. Public Works Dir. Fosse resent for discussion. The following
individuals appeared: Greg Geerdes, 890 Park Place; Wally Taylor, atty. representing
people along Taft Speedway; Regenia Bailey, 310 Reno St.; Joe Holland, atty.
representing people in Idyllwild; Cindy Roberts, 2034 Grantwood; James White, 121
Taft Speedway; Mary Murphy, 890 Park Place; Dale Simon, 46 Pentire Circle; Drew
Dillman, 845 Normandy Dr.; Cathy Wilcox, 119 Taft Speedway; Joni Kinsey, 602
Granada Ct.; Judy Dillman, 845 Normandy Dr.; Martha Norbeck, 906 S. 7th Ave.; and
Laurel Bar, 609 Granada Ct.
Moved and seconded to adopt a resolution proceeding with Taft Speedway Levee
Project Alternate 7. The Mayor declared the resolution defeated, 2/5. Moved and
seconded to adopt RES. 12 -509, TO PROCEED WITH RE- ROUTING OFFSITE
DRAINAGE FROM THE IDYLLWILD SITE AND NOT TO PROCEED WITH THE TAFT
SPEEDWAY LEVEE PROJECT. Moved and seconded to accept correspondence from
Michael Crawford, Gregg Geerdes, Drew Dillman, Terri Miller Chait, Sonia Ettinger, Erin
Irish, Sally Cline, Gene Szymkowiak, Ann Nevin, Rebecca Porter, Jane Dohrmann,
Scott Smith, Clay Claussen, Joey Walker.
Moved and seconded that the ordinance amending Title 8, entitled "Police
Regulations," Chapter 4, entitled "Animal Control' and Title 10, entitled "Public Ways
and Property," Chapter 5, entitled "City Plaza," and Chapter 9, entitled "Parks and
Recreation Regulations," to allow dogs in City Plaza, to prohibit dogs in sidewalk cafes,
and to allow dogs to be off leash in all dog parks, be given second vote. Mary Jo Daly,
532 Meadow St., appeared. The Mayor declared the motion carried, 6/1. Moved and
seconded to accept correspondence from Keene Swett, Bonnie Love, and Wayne
Bowman.
Moved and seconded that the ordinance amending Title 3, Finances Taxation and
Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties,
Section 3, Potable Water Use and Service, Section 4, Wastewater Treatment Works
User Charges, and Section 5, Solid Waste Disposal, to increase the deposit for utility
accounts; amending Title 16, Public Works, Chapter 3A, City Utilities — General
Provisions, Section 5, establishing city utility accounts; deposits required, to hold
deposits until accounts are closed; and amending Title 16, Public Works, Chapter 3A,
City Utilities — General Provisions, Section 6, Billing and Collection Procedures;
Delinquent Accounts, to ensure the imposition of liens conforms to State Code, be given
second vote.
Moved and seconded that the ordinance amending Title 10 of the City Code, entitled
"Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks,"
Section 5, entitled, "Use by Mobile Vendors," to change the duration of a mobile
vending permit from one year to three years and to limit the ownership interest to three
Official Actions
November 27, 2012
Page 6
carts, be given second vote. Moved and seconded to accept correspondence from
Anthony Browne.
Moved and seconded that the ordinance providing that general property taxes levied
and collected each year on all property located within that area added to the City -
University Project 1 Urban Renewal Area pursuant to the Tenth Amendment thereto in
the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the
State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School
District and other taxing districts, be paid to a special fund for payment of principal and
interest on loans, rebates, grants, monies advanced to and indebtedness, including
bonds issued or to be issued, incurred by said city in connection with the City- University
Project 1 Urban Renewal Plan, be given first vote.
Moved and seconded that the ordinance amending Title 5, entitled "Business and
License Regulations," Chapter 1, entitled "General Licensing Provisions" and Chapter 2,
entitled "Taxicabs" to require a distinctive color scheme for all vehicles driven by a
company; require location of a dispatch office to be in Iowa City or Coralville city limits
and allow flexibility for dispatching from the office; restrict new companies to starting
June 1 of each year; clarify language regarding vehicle lettering, and require driver
identification to be posted in the vehicle facing the passengers, be given first vote. The
following individuals appeared: Dennis Doderer; Hany Hamza, 1034 Westside Dr., Red
Line Cab; Lee Willberg, 1115 St. Clements Alley, Big Ten Ardvark; Stephen
Stonebreaker, 937 Springridge Dr.; Roger Bradley, Yellow Cab; Samuel Kennen, Pink's,
Moved and seconded to accept correspondence from Nazar Osman.
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,
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, November 28, 2012. Board of Appeals for a Home Builders
Association Representative; Or a qualified trade representative, if after 3 months no
professional applies or is appointed, to fill a five -year term January 1, 2013 - December
31, 2017; Board of Adjustment for a five -year term, January 1, 2013 — January 1, 2018;
Public Art Advisory Committee for a three -year term, January 1, 2013 — January 1,
2016; Parks and Recreation Commission for two vacancies to fill four -year terms,
January 1, 2013 — January 1, 2017. Due to a publication error, the vacancies will be
readvertised and applications will be accepted until December 12th and appointment
deferred to December 18th Senior Center Commission for a three -year term, January 1,
2013 — December 31, 2015. This appointment for an at -large member, who is an
eligible elector of Johnson County Iowa but not a resident of the City of Iowa City, will
be appointed by majority vote of the six City Council appointees to the Commission.
Applications must be received by 5:00 p.m., Wednesday, December 12, 2012.
Applicants MUST reside in Iowa City and be 18 years of age unless specific
qualifications are stated. [Staff will not publish additional notices after a period of six
publications; but will continue to advertise vacancies with postings and on the Council
agenda. However, no additional publication costs will be incurred.]
Moved and seconded to adjourn meeting at 10:45 p.m.
Official Actions
November 27, 2012
Page 7
A more complete description of Council Activities is on file in the office of the City
Clerk.
s /Matthew J. Hayek, Mayor
s /Marian K. Karr, City Clerk
Submitted for public/tibn — 12/5/12.
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
NOVEMBER 27, 2012
Iowa City City Council special meeting, 7:00 p.m. at City Hall. Council Members
present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent:
None. Staff members present: Markus, Fruin, Bentley, Dilkes, Karr, Davidson, Fosse,
Boothroy, Tallman, Purdy, Goodman, Grier, Rocca, Knoche.
The Mayor presented Outstanding Student Citizenship awards to Lincoln Elementary
students: Marshall Blatz and Josie Leftwich.
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 received, or approved, and /or adopted as amended:
Approval of Council Actions, subject to corrections, as recommended by the City
Clerk: November 13 Council Work Session; November 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): Ad Hoc
Diversity Committee — October 29; Board of Adjustment — October 10; Historic
Preservation Commission — September 13; Historic Preservation Commission —
October 11 (5:15); Historic Preservation Commission — October 11 (6:30); Housing &
Community Development Commission — October 18.
Permit Motions and Resolutions as Recommended by the City Clerk.
(New): Class E Liquor License for Reif Oil Company dba Iowa City Fast Break, 2580
Naples Ave.; (Renewal): Class C Liquor License for Lusati, Inc., dba Quinton's Bar &
Deli, 215 E. Washington St.; Class C Liquor License for Inc., Limited dba The Sanctuary
Restaurant, 405 S. Gilbert St.; Class C Liquor License for Suzster, Inc., dba The Club
Car, 122 Wright St.; Class C Liquor License for Blazin Wings, Inc., dba Buffalo Wild
Wings Grill & Bar, 201 S. Clinton St. Suite 120; Special Class C Liquor License for
Pagliai Pizza, LLC, dba Pagliai's Pizza, 302 E. Bloomington St.; Class C Liquor License
for Perries, LLC, dba Clinton Street Social Club, 18 Y2 S. Clinton St.
Resolutions and Motions: RES. 12 -492, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF MORTGAGE FOR
THE PROPERTY LOCATED AT 985 LONGFELLOW COURT, IOWA CITY, IOWA;
RES. 12 -493, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO SUBORDINATION AGREEMENTS BETWEEN THE CITY OF IOWA
CITY AND GREAT WESTERN BANK, NORTH LIBERTY, IOWA FOR
PROPERTIES LOCATED AT 2022 HANNAH JO COURT, 2030 HANNAH JO
COURT, 705 -707 WESTGATE, 1232 ESTHER COURT, 2934 -2936 CORNELL, 125
S. LOWELL, 315 -317 CAMDEN, 2159 -2161 TAYLOR, 2327 -2329 COURT, 1201,
1221, 1241 MOSES BLOOM, 1267 -1269 SWISHER, 1287 -1289 SWISHER, 1301
MUSCATINE, IOWA CITY, IOWA; RES. 12 -494, 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 1015 DIANA
STREET, IOWA CITY, IOWA; RES. 12 -495, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT
Complete Description
November 27, 2012
Page 2
BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY,
IOWA FOR PROPERTY LOCATED AT 609 MANOR DRIVE, IOWA CITY, IOWA;
RES. 12 -496, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE
PROPERTY LOCATED AT 323 FAIRVIEW, IOWA CITY, IOWA; RES. 12 -497,
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
1963 CHELSEA COURT, IOWA CITY, IOWA; RES. 12 -498, AUTHORIZING THE
EXECUTION OF A MARKETING AGREEMENT WITH THE IOWA CITY
DOWNTOWN DISTRICT; RES. 12 -499, ACCEPTING THE DEDICATION OF AND
AUTHORIZING THE MAYOR TO ENTER INTO A PERMANENT WATER MAIN
EASEMENT AGREEMENT WITH THE UNIVERSITY OF IOWA FOR THE IOWA
RIVER WATER MAIN CROSSINGS PROJECT; RES. 12 -500, APPROVING,
AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST AMENDMENT #2 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 -501, AUTHORIZING
THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT WITH MIDWESTONE BANK FOR PROPERTY
LOCATED AT 894 MCCOLLISTER COURT; RES. 12 -502, DIRECTING THE
FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 FOR THE
2012 END OF YEAR CERTIFICATION OF URBAN RENEWAL PROJECTS; RES.
12 -503, AMENDING THE AFSCME PAY PLAN BY RECLASSIFYING THE
POSITION OF RECEPTIONIST — SENIOR CENTER FROM GRADE 1 TO GRADE
2; RES. 12 -504, AMENDING THE BUDGETED POSITIONS IN THE IOWA CITY
POLICE DEPARTMENT BY ADDING TWO FULL -TIME POLICE OFFICERS
POSITIONS; RES. 12 -505, SETTING A PUBLIC HEARING ON DECEMBER 4,
2012 ON PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR
CONSTRUCTION OF THE ROCHESTER AVENUE BRIDGE OVER RALSTON
CREEK PROJECT (F /K/A ROCHESTER AVENUE BRIDGE 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.
Correspondence: Melvin Lorenzo Kelly regarding Emergency Evacuation Plans;
Sandie Eskin regarding North Liberty Pet Ordinance [Staff response included]; Melvin
Lorenzo Kelly regarding Wasteful Spending in Homelessness; Sydney Ingram;
McKenzie Fluaitt regarding House Parties [Staff response included]; Pax Puran
regarding Kirkwood Ave. and South Summit Intersection [Staff response included];
Brandon Juniel regarding Curfew Ordinance [Staff response included]; Melvin Lorenzo
Kelly regarding Neighborhood Crime Watch; Jonathan Bluemke, Nancy Reimer
regarding Requesting a New City Ordinance regarding landlord misconduct [Staff
response included]; John Stamler regarding Traffic Cameras. [Staff response
included]; Joe Reilly, Jim Schlott, Nathalie Carlson, Brion Hurley, Amanda Froese,
James Ponto regarding Gilbert Street / College Street development proposals.
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November 27, 2012
Page 3
Matt Ohloff, 827 E. Market St., requested Council consider a resolution concerning
labeling genetically engineered foods. Moved by Mims, seconded by Payne, to accept
correspondence from Mr. Ohloff.
Moved by Throgmorton, seconded by Mims, to set a public hearing for December
18, 2012, on an ordinance amending the Planned Development Overlay Medium
Density Single - Family (OPD -8) plan for 6.53 acres of land located at Camp Cardinal
Boulevard, Ryan Court, and Preston Lane to change townhouse style units to zero lots
line dwellings (REZ12- 00024).
Moved by Mims, seconded by Champion, to set a public hearing for December 18
on an ordinance designating the Jefferson Street National Register Historic District as a
Historic Overlay (OHP) Zone (REZ12- 00027).
Council Member Payne abstained from the following vote due to a conflict of
interest.
Moved by Champion, seconded by Dickens, to set a public hearing for December
18, 2012, on an ordinance conditionally rezoning .22 acres of land located at 221 and
225 North Linn Street and the adjacent .07 acre lot associated with the MidAmerican
substation from Neighborhood Stabilization Residential (RNS -12) to Central Business
Service (CB -2). (REZ12- 00028). The Mayor declared the motion carried unanimously,
6/0/1, with Payne abstaining.
A public hearing was held on an ordinance conditionally rezoning approximately 1.02
acres of land located on 1 st Avenue north of Rochester Avenue from Low Density Single
Family Residential(RS -5) to Low - Density Multi - Family Residential (RM -12) (REZ12-
00025). The Mayor requested Council Members report any ex parte communications and
none were reported. PCD Dir. Davidson presented a power point. Ed Wasserman, 555 n.
First Ave., appeared. Individual Council Members expressed their views. Moved by
Mims, seconded by Dickens to accept correspondence from Sue Forde.
Moved by Champion, seconded by Payne, that the ordinance conditionally rezoning
approximately 1.02 acres of land located on 1 st Avenue north of Rochester Avenue from
Low Density Single Family Residential(RS -5) to Low - Density Multi - Family Residential
(RM -12) (REZ12- 00025), be given first vote. Individual Council Members expressed their
views. The Mayor declared the motion carried, 6/1, with the following division of roll call
vote. Ayes: Dickens, Hayek, Mims, Payne, Throgmorton, Champion. Nays: Dobyns.
Moved by Payne, seconded by Dickens, that the ordinance amending the Planned
Development Overlay Medium - Density Single - Family (OPD -8) plan for Saddlebrook
Meadows Part 1 to add a single -story ranch -style house plan to the previously approved
OPD Plan for property located at Whispering Meadows Drive and Pinto Lane (REZ12-
00022), be given second vote.
Moved by Dobyns, seconded by Champion, to move up item 16 on the
agenda for discussion at the same as # 5g..
Moved by Dobyns, seconded by Mims, 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 -4500, CONDITIONALLY REZONING APPROXIMATELY 1.38
ACRES LOCATED AT 1030 WILLIAM STREET FROM COMMERCIAL OFFICE (CO -1)
TO MEDIUM - DENSITY MULTI - FAMILY (RM -20) (REZ12- 00023), be voted on for final
Complete Description
November 27, 2012
Page 4
passage at this time. The Mayor reported ex parte communications with the City
Attorney and City Manager regarding the procedure and request to combine. No other
ex parte communications were reported. Moved by Mims, seconded by Champion, that
the ordinance be finally adopted at this time.
Moved by Mims, seconded by Payne, to adopt RES. 12 -506, AUTHORIZING THE
MAYOR TO SIGN A LETTER OF SUPPORT OF THE APPLICATION OF IOWA CITY
SENIOR APARTMENTS, L.P. FOR LOW INCOME HOUSING TAX CREDITS (LIHTC)
TO CONSTRUCT A MULTI -UNIT SENIOR RESIDENTIAL PROJECT AT 1030
WILLIAM STREET AND COMMITTING LOCAL FUNDS TO THE PROJECT.
Moved by Dobyns, seconded by Champion, to move up item 10 on the agenda for
discussion with item # 5g, and action after item # 5g.
Moved by Champion, seconded by Payne, that the ordinance amending Title 14,
Zoning Code, Article 4C, Accessory Uses and Buildings, to allow for the keeping of
chickens as an accessory use to single family detached uses and to reference standards
for structures for the keeping of chickens, be given second vote. Individual Council
Members expressed their views. The following individuals appeared: Ed Sobolewski,
746 Juniper Dr.; Martha Norbeck, 906 S. 7th Ave.; Mary Jo Daly, 532 Meadow St.; Jarrett
Mitchell, 304 S. Summit St.; Shannon Gassman, 741 S. 7th Ave.; Judith Pascoe, 317
Fairchild St.; Don Anciaux, 2119 Russell Ave; Drew Dillman, 845 Normandy Dr.; The
Mayor declared the motion carried, 5/2, with the following division of roll call vote: Ayes:
Throgmorton, Champion, Dobyns, Hayek, Mims. Nays: Payne, Dickens.
Moved by Dobyns, seconded by Mims, that the ordinance amending Title 8, entitled
"Police Regulations," Chapter 4, entitled "Animal Control," to establish a permit process
for urban chickens, be given second vote. City Atty. Dilkes stated that as a result of
Council work session discussion the ordinance would need to be amended to reflect the
three year permit rather than one year and therefore would need to be given first
consideration at this time. Dobyns and Mims amended the motion on the floor to reflect
first consideration. Individual Council Members expressed their views. The Mayor
declared the motion for first consideration as amended, carried, 5/2, with the following
division of roll call vote: Ayes: Throgmorton, Champion, Dobyns, Hayek, Mims. Nays:
Payne, Dickens. Moved by Mims, seconded by Payne, to accept correspondence from
Brien Hemann, Mary Strum, Russell Haught, Pat Knebel, Shannon Gassman, Sarah
McElligott, Trish Nelson, Tammia Prottsman, Martha Norbeck, Fred Meyer, Elizabeth
Cummings, Sondy Kaska, Matt Krieger.
Moved by Champion, seconded by Dickens, that ORD. 12 -4501, REZONING 1.1-
ACRES OF LAND LOCATED AT 2225 MORMON TREK BOULEVARD FROM
INTENSIVE COMMERCIAL (CI -1) TO COMMUNITY COMMERCIAL (CC -2) (REZ12-
00020), be passed and adopted.
A public hearing was held on the ordinance amending an Title 7, Chapter 1, Fire
Prevention and Protection, by adopting the 2012 Edition of the International Fire Code
to regulate and govern the safeguarding of life and property from fire and explosion
hazards arising from the storage, handling and use of hazardous substances, materials
and devices, and from conditions hazardous to life or property in the occupancy of
buildings and premises in the City of Iowa City and providing for the issuance of
permits. No one appeared.
Complete Description
November 27, 2012
Page 5
Moved by Dobyns, seconded by Payne, that the ordinance amending an Title 7,
Chapter 1, Fire Prevention and Protection, by adopting the 2012 Edition of the
International Fire Code to regulate and govern the safeguarding of life and property
from fire and explosion hazards arising from the storage, handling and use of hazardous
substances, -materials and devices, and from conditions hazardous to life or property in
the occupancy of buildings and premises in the City of Iowa City and providing for the
issuance of permits, be given first vote.
A public hearing was held on a resolution authorizing conveyance of a single family
home located at 654 South Lucas Street. No one appeared.
Moved by Mims, seconded by Payne, to adopt RES. 12 -507, AUTHORIZING
CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 654 SOUTH LUCAS
STREET.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the Public Works - Fuel Facility
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 -508, APPROVING
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE PUBLIC WORKS - FUEL FACILITY 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 discussion was held on the resolution proceeding with Taft Speedway
Levee Project Alternate 7. Public Works Dir. Fosse resent for discussion. The following
individuals appeared: Greg Geerdes, 890 Park Place; Wally Taylor, atty. representing
people along Taft Speedway; Regenia Bailey, 310 Reno St.; Joe Holland, atty.
representing people in Idyllwild; Cindy Roberts, 2034 Grantwood; James White, 121
Taft Speedway; Mary Murphy, 890 Park Place; Dale Simon, 46 Pentire Circle; Drew
Dillman, 845 Normandy Dr.; Cathy Wilcox, 119 Taft Speedway; Joni Kinsey, 602
Granada Ct.; Judy Dillman, 845 Normandy Dr.; Martha Norbeck, 906 S. 7th Ave.; and
Laurel Bar, 609 Granada Ct.
Moved by Payne, seconded by Dobyns, to adopt a resolution proceeding with Taft
Speedway Levee Project Alternate 7. Individual Council Members expressed their
views. The Mayor declared the resolution defeated, 2/5, with the following division of roll
call vote. Ayes: Hayek, Dickens. Nays: Mims, Payne, Champion, Dobyns,
Throgmorton. Moved by Dobyns, seconded by Dickens, to adopt RES. 12 -509, TO
PROCEED WITH RE- ROUTING OFFSITE DRAINAGE FROM THE IDYLLWILD SITE
AND NOT TO PROCEED WITH THE TAFT SPEEDWAY LEVEE PROJECT. Public
Works Dir. Fosse present for discussion. Moved by Throgmorton, seconded by Mims, to
accept correspondence from Michael Crawford, Gregg Geerdes, Drew Dillman, Terri
Miller Chait, Sonia Ettinger, Erin Irish, Sally Cline, Gene Szymkowiak, Ann Nevin,
Rebecca Porter, Jane Dohrmann, Scott Smith, Clay Claussen, Joey Walker.
Moved by Mims, seconded by Champion, that the ordinance amending Title 8,
entitled "Police Regulations," Chapter 4, entitled "Animal Control' and Title 10, entitled
"Public Ways and Property," Chapter 5, entitled "City Plaza," and Chapter 9, entitled
Complete Description
November 27, 2012
Page 6
"Parks and Recreation Regulations," to allow dogs in City Plaza, to prohibit dogs in
sidewalk cafes, and to allow dogs to be off leash in all dog parks, be given second vote.
Individual Council Members expressed their views. Mary Jo Daly, 532 Meadow St.,
appeared. The Mayor declared the motion carried, 6/1, with the following division of roll
call vote. Ayes: Payne, Champion, Dickens, Dobyns, Hayek, Mims. Nays:
Throgmorton. Moved by Payne, seconded by Dobyns, to accept correspondence from
Keene Swett, Bonnie Love, and Wayne Bowman.
Moved by Payne, seconded by Dobyns, that the ordinance amending Title 3,
Finances Taxation and Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds,
Fines, and Penalties, Section 3, Potable Water Use and Service, Section 4, Wastewater
Treatment Works User Charges, and Section 5, Solid Waste Disposal, to increase the
deposit for utility accounts; amending Title 16, Public Works, Chapter 3A, City Utilities —
General Provisions, Section 5, establishing city utility accounts; deposits required, to
hold deposits until accounts are closed; and amending Title 16, Public Works, Chapter
3A, City Utilities — General Provisions, Section 6, Billing and Collection Procedures;
Delinquent Accounts, to ensure the imposition of liens conforms to State Code, be given
second vote. Individual Council Members expressed their views.
Moved by Payne, seconded by Dickens, that the ordinance amending Title 10 of the
City Code, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial
Use of Sidewalks," Section 5, entitled, "Use by Mobile Vendors," to change the duration
of a mobile vending permit from one year to three years and to limit the ownership
interest to three carts, be given second vote. Moved by Dobyns, seconded by Mims, to
accept correspondence from Anthony Browne.
Moved by Dobyns, seconded by Payne, that the ordinance providing that general
property taxes levied and collected each year on all property located within that area
added to the City- University Project 1 Urban Renewal Area pursuant to the Tenth
Amendment thereto in the City of Iowa City, County of Johnson, State of Iowa, by and
for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City
Community School District and other taxing districts, be paid to a special fund for
payment of principal and interest on loans, rebates, grants, monies advanced to and
indebtedness, including bonds issued or to be issued, incurred by said city in
connection with the City- University Project 1 Urban Renewal Plan, be given first vote.
Moved by Mims, seconded by Payne, that the ordinance amending Title 5, entitled
"Business and License Regulations," Chapter 1, entitled "General Licensing Provisions"
and Chapter 2, entitled "Taxicabs" to require a distinctive color scheme for all vehicles
driven by a company; require location of a dispatch office to be in Iowa City or Coralville
city limits and allow flexibility for dispatching from the office; restrict new companies to
starting June 1 of each year; clarify language regarding vehicle lettering, and require
driver identification to be posted in the vehicle facing the passengers, be given first vote.
The following individuals appeared: Dennis Doderer; Hany Hamza, 1034 Westside Dr.,
Red Line Cab; Lee Willberg, 1115 St. Clements Alley, Big Ten Ardvark; Stephen
Stonebreaker, 937 Springridge Dr.; Roger Bradley, Yellow Cab; Samuel Kennen, Pink's.
Individual Council Members expressed their views. Moved by Mims, seconded by
Dickens, to accept correspondence from Nazar Osman.
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,
Complete Description
November 27, 2012
Page 7
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, November 28, 2012. Board of Appeals for a Home Builders
Association Representative; Or a qualified trade representative, if after 3 months no
professional applies or is appointed, to fill a five -year term January 1, 2013 - December
31, 2017; Board of Adjustment for a five -year term, January 1, 2013 — January 1, 2018;
Public Art Advisory Committee for a three -year term, January 1, 2013 — January 1,
2016; Parks and Recreation Commission for two vacancies to fill four -year terms,
January 1, 2013 — January 1, 2017. Due to a publication error, the vacancies will be
readvertised and applications will be accepted until December 12th and appointment
deferred to December 18th Senior Center Commission for a three -year term, January 1,
2013 — December 31, 2015. This appointment for an at -large member, who is an
eligible elector of Johnson County Iowa but not a resident of the City of Iowa City, will
be appointed by majority vote of the six City Council appointees to the Commission.
Applications must be received by 5:00 p.m., Wednesday, December 12, 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 Dickens reminded citizens of the Snowflake Walk Friday evening
November 30 followed by the Celebrate the Seasons event Saturday, December in
downtown. He stated he would be talking with a boy scout troop Wednesday evening.
Moved by Payne, seconded by Mims, to adjourn meeting at 10:45 p.m.
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk
"TrWrlr�
2a(4)
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 — 12/4/12
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 presented Outstanding Student Citizenship Awards to Horace Mann
Elementary students: Marin Irvine, Oriana Ross, Rocio Stejskal.
The Mayor proclaimed Human Rights Day — December 10, Human Right
Commissioner Harry Olmstead accepting.
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:
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action). Human
Rights Commission — October 16; Police Citizens Review Board — October 9.
Permit Motions and Resolutions as recommended by the City Clerk.
(Renewal): Class C Beer Permit for Sector, Inc., dba Creekside Market, 2601
Highway 6 East.
Resolutions and Motions: Approve disbursements in the amount of
$21,110,904.06 for the period of October 1 through October 31, 2012, as
recommended by the Finance Director subject to audit; RES. 12 -510,
AUTHORIZING THE CITY MANAGER TO SIGN A "GREAT PLACES" GRANT
AGREEMENT WITH THE STATE OF IOWA FOR THE IOWA RIVER
RESTORATION /BURLINGTON STREET DAM PROJECT; RES. 12 -511,
ESTABLISHING THE CITY OF IOWA CITY'S 2013 LEGISLATIVE PRIORITIES.
Setting public hearings: RES. 12 -512, SETTING A PUBLIC HEARING ON
DECEMBER 18, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FAIRMEADOW
PARK SPLASH PAD PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE
OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID
PLANS ON FILE FOR PUBLIC INSPECTION.
Correspondence: Melvin Lorenzo Kelly regarding Nationwide Musical Project;
Matt Miller regarding Condemn Uganda's 'Kill The Gays' Bill; Nicholas Davidson
regarding Landfill Fire Insurance [Staff response included]; John Monick, Carol de
Prosse, regarding Taft Speedway Floodwall (Levee); Denise Halter, Edward
Weisberg, Cliff Pirnat, Palmer Holden, [Article submitted by City Manager] regarding
Plastic Bag Ban; Matt Ohloff regarding GE Labeling Resolution.
Mary Gravitt, appeared regarding Section 8 vouchers being discontinued at Dolphin
Pointe. Staff will follow -up. Becky Ross, 18 Valley View Knoll, suggested Council view
the "Bag It" documentary and stated the viewing would ensure people would take cloth
bags to the grocery store rather than use the plastic bags. Zach Heffernen, 48 W. Court
#306, thanked Council for the Human Rights Day proclamation and requested the City
Official Actions
December 4, 2012
Page 2
send a recommendation to University President Mason requesting the UI Center fo
Human Rights remain open.
Moved and seconded to set a public for December 18 on an ordinance conditionally
rezoning approximately 8.21 acres of land located at the northeast corner of the
intersection of North Dodge Street and Prairie du Chien road from Medium Density Single
Family (RS -8), Neighborhood Public (P -1) and Highway Commercial (CH -1) to Planned
Development Overlay- Community Commercial (OPD- CC -2 /Hy Vee) (REZ12- 00026).
Moved and seconded to set a public hearing for December 18 on an ordinance to
vacate the right -of -way for a portion of St. Clements Alley (VAC12- 00004).
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
conditionally rezoning approximately 1.02 acres of land located on 1St Avenue north of
Rochester Avenue from Low Density Single Family Residential (RS -5) to Low Density
Multi - Family Residential (RM -12) (RES12- 00025), be voted on for final passage at this
time. The Mayor declared the motion defeated. Moved and seconded that the ordinance,
be given second vote. Moved and seconded to accept correspondence from Jeff Miller.
Moved and seconded that ORD. 12 -4502, AMENDING THE PLANNED
DEVELOPMENT OVERLAY MEDIUM - DENSITY SINGLE - FAMILY (OPD -8) PLAN FOR
SADDLEBROOK MEADOWS PART 1 TO ADD A SINGLE -STORY RANCH -STYLE
HOUSE PLAN TO THE PREVIOUSLY APPROVED OPD PLAN FOR PROPERTY
LOCATED AT WHISPERING MEADOWS DRIVE AND PINTO LANE (REZ12- 00022), be
passed and adopted.
Moved and seconded to move up Items 9 and 10 for discussion along with the
next item.
Moved and seconded that ORD. 12 -4503, AMENDING TITLE 14, ZONING CODE,
ARTICLE 4C, ACCESSORY USES AND BUILDINGS, TO ALLOW FOR THE KEEPING
OF CHICKENS AS AN ACCESSORY USE TO SINGLE FAMILY DETACHED USES
AND TO REFERENCE STANDARDS FOR STRUCTURES FOR THE KEEPING OF
CHICKENS, be passed and adopted. The Mayor declared the ordinance adopted, 5/2.
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
ordinance amending Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal
Control," to establish a permit process for urban chickens, be voted on for final passage
at this time. The Mayor declared the motion defeated, 5/2 (requires 6 votes). Moved
and seconded to be give second consideration to ordinance. The Mayor declared the
motion carried, 5/2. Moved and seconded to accept correspondence from Ed Pech,
Dawn Hays, Edward Sobolewski, Shannon Gassman, Roberta Till -Retz, Victoria
Solursh, Tam and Mitch Bryk, Jim Maynard, Betty White.
Moved and seconded to defer to December 18 a resolution adopting an Urban
Chicken Policy.
A public hearing was held on a resolution approving plans, specifications, and
estimate of cost for the construction of the Rochester Avenue bridge over Ralston Creek
Project [BRM- 3715(650)- 8N -52], establishing amount of bid security to accompany
Official Actions
December 4, 2012
Page 3
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 -513, APPROVING PLANS,
SPECIFICATIONS, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
ROCHESTER AVENUE BRIDGE OVER RALSTON CREEK PROJECT [BRM-
3715(650)--8N-52], ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY
EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND
FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
Moved and seconded that the ordinance amending Title 7, Chapter 1, Fire
Prevention and Protection, by adopting the 2012 Edition of the International Fire Code
to regulate and govern the safeguarding of life and property from fire and explosion
hazards arising from the storage, handling and use of hazardous substances, materials
and devices, and from conditions hazardous to life or property in the occupancy of
buildings and premises in the City of Iowa City and providing for the issuance of
permits, be given second vote.
Moved and seconded that ORD. 12 -4504, AMENDING TITLE 8, ENTITLED
"POLICE REGULATIONS," CHAPTER 4, ENTITLED "ANIMAL CONTROL" AND TITLE
10, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 5, ENTITLED "CITY
PLAZA," AND CHAPTER 9, ENTITLED "PARKS AND RECREATION REGULATIONS,"
TO ALLOW DOGS IN CITY PLAZA, TO PROHIBIT DOGS IN SIDEWALK CAFES, AND
TO ALLOW DOGS TO BE OFF LEASH IN ALL DOG PARKS, be passed and adopted.
The following individuals appeared: Mary Gravitt, 2414 Wayne #6; Louise Young,
Johnson County Coalition for Persons with Disabilities; Caroline Dleterle, 727 Walnut.
The Mayor declared the ordinance adopted, 6/1. Moved and seconded to accept
correspondence from Jerry Raaz.
Moved and seconded that ORD. 12 -4505, AMENDING TITLE 3, FINANCES
TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES,
BONDS, FINES, AND PENALTIES, SECTION 3, POTABLE WATER USE AND
SERVICE, SECTION 4, WASTEWATER TREATMENT WORKS USER CHARGES,
AND SECTION 5, SOLID WASTE DISPOSAL, TO INCREASE THE DEPOSIT FOR
UTILITY ACCOUNTS; AMENDING TITLE 16, PUBLIC WORKS, CHAPTER 3A, CITY
UTILITIES — GENERAL PROVISIONS, SECTION 5, ESTABLISHING CITY UTILITY
ACCOUNTS; DEPOSITS REQUIRED, TO HOLD DEPOSITS UNTIL ACCOUNTS ARE
CLOSED; AND AMENDING TITLE 16, PUBLIC WORKS, CHAPTER 3A, CITY
UTILITIES — GENERAL PROVISIONS, SECTION 6, BILLING AND COLLECTION
PROCEDURES; DELINQUENT ACCOUNTS, TO ENSURE THE IMPOSITION OF
LIENS CONFORMS TO STATE CODE, be passed and adopted.
Moved and seconded that ORD. 12 -4506, AMENDING TITLE 10 OF THE CITY
CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3,
ENTITLED "COMMERCIAL USE OF SIDEWALKS," SECTION 5, ENTITLED, "USE BY
MOBILE VENDORS," TO CHANGE THE DURATION OF A MOBILE VENDING
PERMIT FROM ONE YEAR TO THREE YEARS AND TO LIMIT THE OWNERSHIP
INTEREST TO THREE CARTS, be passed and adopted.
Moved and seconded that the ordinance providing that general property taxes levied
and collected each year on all property located within that area added to the City -
University Project 1 Urban Renewal Area pursuant to the tenth amendment thereto in
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December 4, 2012
Page 4
the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the
State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School
District and other taxing districts, be paid to a special fund for payment of principal and
interest on loans, rebates, grants, monies advanced to and indebtedness, including
bonds issued or to be issued, incurred by said city in connection with the City- University
Project 1 Urban Renewal Plan, be given second vote.
Moved and seconded that the ordinance amending Title 5, entitled "Business and
License Regulations," Chapter 1, entitled "General Licensing Provisions" and Chapter 2,
entitled "Taxicabs" to require a distinctive color scheme for all vehicles driven by a
company; require location of a dispatch office to be in Iowa City or Coralville city limits
and allow flexibility for dispatching from the office; restrict new companies to starting
June 1 of each year; clarify language regarding vehicle lettering, and require driver
identification to be posted in the vehicle facing the passengers, be given second vote.
Mary Gravitt, 2414 Wayne #6; and Chris Cutkomp, owner /operator of Big Ten,
appeared. The Mayor declared the motion carried, 6/1. Moved and seconded to accept
correspondence from Chris Cutkomp (x3).
Council Member Payne left the meeting due to conflict of interest.
A public comment was held on development proposals for the redevelopment of the
northeast corner of the College Street and Gilbert Street intersection. The following
individuals appeared: Mark Neucollins, Iowa City Climate Advocates; Maureen
Arensdorf, 279 E. Dovetail, 100 Grannies; Rev. Benjamin Webb, 325 College St., Trinity
Episcopal Church; Matt Hartz, New Pioneer Co -op's General Manager, presented a
power point; Hank Madden, New Pioneer Co -op's Treasurer; Andrew Sherburne1204
Sheridan Ave.; Cory Creekmur. 1157 E. Court St.; Becky Ross, 18 Valley View Knoll,
100 Grannies; David Gould, 2923 Radcliffe Ave.; Jesse Damazo, 20 S. Lucas St. #E;
Eric Gidal, 328 Brown St.; John Thomas 509 Brown St.; Linda McGuire, 618 Ronalds
St.; Louis Young, Trinity Episcopal Church member; Hannah Papineschi, C -Wise
Design and Consulting; Mary Gravitt, 2414 Wayne # 6; Sarah Clark, Brown St.; Laura
Burgus, FilmScene Board Member; Pam Michaud, 109 S. Johnson; Nancy Carlson,
1002 E. Jefferson; Karen Kubby, 1425 Ridge St.; Diane Machatka, 406 Reno St.; Kari
Thompson, 1011 Church St.; Ashley Shields, Dewey St.; Andre Perry, 210 N. Gilbert St.
Moved and seconded to accept correspondence from Tim Weitzel, Susan VanWye, Gail
Falk, Eric Axelson, Gregory Delzer, Mary Duncan, J. Perkins, Tim Dwight, Eric Gidal,
Ellen Lewin, Genie Maybanks, Joan Falconer, Ryan Durbin, Julie Gabrielson, Roxane
Mitten, Jim Schlott, Joanne Seeberger, Mary Blackwood, Joshua Weiner, Megan Drake,
David Drake, Sara Krieger, Laura Dowd, Beth Smith, Mark Palmberg, Catherine Porth,
Hannah Papineschi, Sandra Dyas, Carol deProsse (3), Patricia Ephgrave, Jesse
Damazo, Brian Gotwals, Jan Locher, Tom Martin, Mark Huelsbeck, Josh Eklow, Patricia
McNichol, Nathan Morton, Evan Evans, David McCartney, Karen Drake, Cynthia
Broderick, B. McBride, Ben Lewis, Jackie Wellborn, Jim Walters, Tom Carsner,
Katherine Kelly, Gerald Sims, Mary Crooks, Jason Paulios, Jerry Protheroe, Kathy
Campbell, Sara Riggs, Deanne Mirr, Cecile Kuenzli, Martha Schut, Michael Feagler,
Patti Zwick, Amy Boelk, Mark Patton, Virginia Melroy, Meg Tisinger.
The Mayor noted previously announced vacancies to Boards and Commissions:
Board of Appeals for a Home Builders Association Representative; or a qualified trade
representative, if after 3 months no professional applies or is appointed, to fill a five -year
Official Actions
December 4, 2012
Page 5
term January 1, 2013 - December 31, 2017; Board of Adjustment for a five -year term,
January 1, 2013 — January 1, 2018; Public Art Advisory Committee — One vacancy to fill
a three -year term, January 1, 2013 — January 1, 2016; Parks and Recreation
Commission for two vacancies to fill four -year terms, January 1, 2013 — January 1,
2017. Due to a publication error, the vacancies will be readvertised and applications will
be accepted until December 12th and appointment deferred to December 18th ; Senior
Center Commission for a three -year term, January 1, 2013 — December 31, 2015. This
appointment for an at -large member, who is an eligible elector of Johnson County Iowa
but not a resident of the City of Iowa City, will be appointed by majority vote of the six
City Council appointees to the Commission. Applications must be received by 5:00
p.m., Wednesday, December 12, 2012.
The Mayor noted no applications were received for the following vacancies 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 meeting 9:40 p.m
A more complete description of Council Activities and disbursements is on file in the
office of the City Clerk and Finance Department.
s /Matthew J. Hayek, Mayor
s /Marian K. Karr, City Clerk
'P 7�
Submitted for publication — 12/12/12.
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
DECEMBER 4, 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, Bentley,
Dilkes, Karr, Davidson, Fosse, Bentley, Goodman.
The Mayor presented Outstanding Student Citizenship Awards to Horace Mann
Elementary students: Marin Irvine, Oriana Ross, Rocio Stejskal.
The Mayor proclaimed Human Rights Day — December 10, Human Right
Commissioner Harry Olmstead accepting.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Champion, seconded by Mims, that the items and recommendations in
the Consent Calendar be received, or approved, and /or adopted as amended:
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action). Human
Rights Commission — October 16; Police Citizens Review Board — October 9.
Permit Motions and Resolutions as recommended by the City Clerk.
(Renewal): Class C Beer Permit for Sector, Inc., dba Creekside Market, 2601
Highway 6 East.
Resolutions and Motions: Approve disbursements in the amount of
$21,110,904.06 for the period of October 1 through October 31, 2012, as
recommended by the Finance Director subject to audit; RES. 12 -510,
AUTHORIZING THE CITY MANAGER TO SIGN A "GREAT PLACES" GRANT
AGREEMENT WITH THE STATE OF IOWA FOR THE IOWA RIVER
RESTORATION /BURLINGTON STREET DAM PROJECT; RES. 12 -511,
ESTABLISHING THE CITY OF IOWA CITY'S 2013 LEGISLATIVE PRIORITIES.
Setting public hearings: RES. 12 -512, SETTING A PUBLIC HEARING ON
DECEMBER 18, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FAIRMEADOW
PARK SPLASH PAD PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE
OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID
PLANS ON FILE FOR PUBLIC INSPECTION.
Correspondence: Melvin Lorenzo Kelly regarding Nationwide Musical Project;
Matt Miller regarding Condemn Uganda's 'Kill The Gays' Bill; Nicholas Davidson
regarding Landfill Fire Insurance [Staff response included]; John Monick, Carol de
Prosse, regarding Taft Speedway Floodwall (Levee); Denise Halter, Edward
Weisberg, Cliff Pirnat, Palmer Holden, [Article submitted by City Manager] regarding
Plastic Bag Ban; Matt Ohloff regarding GE Labeling Resolution.
Mary Gravitt, appeared regarding Section 8 vouchers being discontinued at Dolphin
Pointe. Staff will follow -up. Becky Ross, 18 Valley View Knoll, suggested Council view
the "Bag It" documentary and stated the viewing would ensure people would take cloth
bags to the grocery store rather than use the plastic bags. Zach Heffernen, 48 W. Court
#306, thanked Council for the Human Rights Day proclamation and requested the City
send a recommendation to University President Mason requesting the UI Center fo
Human Rights remain open.
Complete Description
December 4, 2012
Page 2
Moved by Dobyns, seconded by Payne, to set a public for December 18 on an
ordinance conditionally rezoning approximately 8.21 acres of land located at the northeast
corner of the intersection of North Dodge Street and Prairie du Chien road from Medium
Density Single Family (RS -8), Neighborhood Public (P -1) and Highway Commercial (CH-
1) to Planned Development Overlay- Community Commercial (OPD- CC -2 /Hy Vee)
(REZ12- 00026).
Moved by Mims, seconded by Dickens, to set a public hearing for December 18 on
an ordinance to vacate the right -of -way for a portion of St. Clements Alley (VAC12-
00004).
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 conditionally rezoning approximately 1.02 acres of land located on 1St
Avenue north of Rochester Avenue from Low Density Single Family Residential (RS -5) to
Low Density Multi - Family Residential (RM -12) (RES12- 00025), be voted on for final
passage at this time. The Mayor declared the motion defeated, 0/7. The Mayor
requested Council Members report any ex parte communications. Mayor Hayek and
Council Member Dobyns reported. PCD Dir. Davidson presented a power point. PW
Dir. Fosse present for discussion. Individual Council Members expressed their views.
Moved by Mims, seconded by Champion, that the ordinance, be given second vote. The
Mayor declared the motion carried. Moved by Throgmorton, seconded by Payne, to
accept correspondence from Jeff Miller.
Moved by Mims, seconded by Payne, that ORD. 12 -4502, AMENDING THE
PLANNED DEVELOPMENT OVERLAY MEDIUM - DENSITY SINGLE - FAMILY (OPD -8)
PLAN FOR SADDLEBROOK MEADOWS PART 1 TO ADD A SINGLE -STORY RANCH -
STYLE HOUSE PLAN TO THE PREVIOUSLY APPROVED OPD PLAN FOR
PROPERTY LOCATED AT WHISPERING MEADOWS DRIVE AND PINTO LANE
(REZ12- 00022), be passed and adopted.
Moved by Champion, seconded by Dobyns to move up Items 9 and 10 for
discussion along with the next item.
Moved by Mims, seconded by Payne, that ORD. 12 -4503, AMENDING TITLE 14,
ZONING CODE, ARTICLE 4C, ACCESSORY USES AND BUILDINGS, TO ALLOW FOR
THE KEEPING OF CHICKENS AS AN ACCESSORY USE TO SINGLE FAMILY
DETACHED USES AND TO REFERENCE STANDARDS FOR STRUCTURES FOR
THE KEEPING OF CHICKENS, be passed and adopted. Individual Council Members
expressed their views. The Mayor declared the ordinance adopted, 5/2, with the following
division of roll call vote: Ayes: Mims, Throgmorton, Champion, Dobyns, Hayek. Nays:
Payne, Dickens.
Moved by Mims, seconded by Throgmorton, 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 ordinance amending Title 8, entitled "Police Regulations," Chapter 4,
entitled "Animal Control," to establish a permit process for urban chickens, be voted on
for final passage at this time. The Mayor declared the motion defeated, 5/2 (requires 6
votes), with the following division of roll call vote: Ayes: Mims, Throgmorton, Champion,
Dobyns, Hayek. Nays: Payne, Dickens. Moved by Mims, seconded by Champion, to
Complete Description
December 4, 2012
Page 3
be give second consideration to ordinance. The Mayor declared the motion carried, 5/2,
with the following division of roll call vote. Ayes: Throgmorton, Champion, Dobyns,
Hayek, Mims. Nays: Payne, Dickens. Moved by Dobyns, seconded by Payne, to
accept correspondence from Ed Pech, Dawn Hays, Edward Sobolewski, Shannon
Gassman, Roberta Till -Retz, Victoria Solursh, Tam and Mitch Bryk, Jim Maynard, Betty
White.
Moved by Mims, seconded by Payne, to defer to December 18 a resolution adopting
an Urban Chicken Policy.
A public hearing was held on a resolution approving plans, specifications, and
estimate of cost for the construction of the Rochester Avenue bridge over Ralston Creek
Project [BRM- 3715(650)- 8N -52], establishing amount of bid security to accompany
each bid, directing City Clerk to publish notice to bidders, and fixing time and place for
receipt of bids. No one appeared.
Moved by Mims, seconded by Payne, to adopt RES. 12 -513, APPROVING PLANS,
SPECIFICATIONS, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
ROCHESTER AVENUE BRIDGE OVER RALSTON CREEK PROJECT [BRM-
3715(650)--8N-52], ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY
EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND
FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
Moved by Payne, seconded by Throgmorton, that the ordinance amending Title 7,
Chapter 1, Fire Prevention and Protection, by adopting the 2012 Edition of the
International Fire Code to regulate and govern the safeguarding of life and property
from fire and explosion hazards arising from the storage, handling and use of hazardous
substances, materials and devices, and from conditions hazardous to life or property in
the occupancy of buildings and premises in the City of Iowa City and providing for the
issuance of permits, be given second vote.
Moved by Champion, seconded by Dobyns, that ORD. 12 -4504, AMENDING TITLE
8, ENTITLED "POLICE REGULATIONS," CHAPTER 4, ENTITLED "ANIMAL
CONTROL" AND TITLE 10, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER
5, ENTITLED "CITY PLAZA," AND CHAPTER 9, ENTITLED "PARKS AND
RECREATION REGULATIONS," TO ALLOW DOGS IN CITY PLAZA, TO PROHIBIT
DOGS IN SIDEWALK CAFES, AND TO ALLOW DOGS TO BE OFF LEASH IN ALL
DOG PARKS, be passed and adopted. The following individuals appeared: Mary
Gravitt, 2414 Wayne #6; Louise Young, Johnson County Coalition for Persons with
Disabilities; Caroline Dleterle, 727 Walnut. The Mayor declared the ordinance adopted,
6/1, with the following division of roll call vote. Ayes: Dobyns, Hayek, Mims, Payne,
Champion, Dickens. Nays: Throgmorton. Individual Council Members expressed their
views. Moved by Mims, seconded by Payne, to accept correspondence from Jerry
Raaz.
Moved by Dobyns, seconded by Payne, that ORD. 12 -4505, AMENDING TITLE 3,
FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES, AND PENALTIES, SECTION 3, POTABLE WATER USE
AND SERVICE, SECTION 4, WASTEWATER TREATMENT WORKS USER
CHARGES, AND SECTION 5, SOLID WASTE DISPOSAL, TO INCREASE THE
DEPOSIT FOR UTILITY ACCOUNTS; AMENDING TITLE 16, PUBLIC WORKS,
CHAPTER 3A, CITY UTILITIES – GENERAL PROVISIONS, SECTION 5,
Complete Description
December 4, 2012
Page 4
ESTABLISHING CITY UTILITY ACCOUNTS; DEPOSITS REQUIRED, TO HOLD
DEPOSITS UNTIL ACCOUNTS ARE CLOSED; AND AMENDING TITLE 16, PUBLIC
WORKS, CHAPTER 3A, CITY UTILITIES — GENERAL PROVISIONS, SECTION 6,
BILLING AND COLLECTION PROCEDURES; DELINQUENT ACCOUNTS, TO
ENSURE THE IMPOSITION OF LIENS CONFORMS TO STATE CODE, be passed
and adopted.
Moved by Payne, seconded by Mims, that ORD. 12 -4506, AMENDING TITLE 10 OF
THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER
3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," SECTION 5, ENTITLED, "USE
BY MOBILE VENDORS," TO CHANGE THE DURATION OF A MOBILE VENDING
PERMIT FROM ONE YEAR TO THREE YEARS AND TO LIMIT THE OWNERSHIP
INTEREST TO THREE CARTS, be passed and adopted.
Moved by Champion, seconded by Dobyns, that the ordinance providing that
general property taxes levied and collected each year on all property located within that
area added to the City- University Project 1 Urban Renewal Area pursuant to the tenth
amendment thereto in the City of Iowa City, County of Johnson, State of Iowa, by and
for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City
Community School District and other taxing districts, be paid to a special fund for
payment of principal and interest on loans, rebates, grants, monies advanced to and
indebtedness, including bonds issued or to be issued, incurred by said city in
connection with the City- University Project 1 Urban Renewal Plan, be given second
vote.
Moved by Mims, seconded by Throgmorton, that the ordinance amending Title 5,
entitled "Business and License Regulations," Chapter 1, entitled "General Licensing
Provisions" and Chapter 2, entitled "Taxicabs" to require a distinctive color scheme for
all vehicles driven by a company; require location of a dispatch office to be in Iowa City
or Coralville city limits and allow flexibility for dispatching from the office; restrict new
companies to starting June 1 of each year; clarify language regarding vehicle lettering,
and require driver identification to be posted in the vehicle facing the passengers, be
given second vote. Mary Gravitt, 2414 Wayne #6; and Chris Cutkomp, owner /operator
of Big Ten, appeared. Individual Council Members expressed their views. The Mayor
declared the motion carried, 6/1, with the following division of roll call vote. Ayes:
Champion, Dickens, Dobyns, Hayek, Mims, Payne. Nays: Throgmorton. Moved by
Champion, seconded by Dobyns, to accept correspondence from Chris Cutkomp (x3).
Council Member Payne left the meeting due to conflict of interest.
A public comment was held on development proposals for the redevelopment of the
northeast corner of the College Street and Gilbert Street intersection. PCD Dir.
Davidson present for discussion. The following individuals appeared: Mark Neucollins,
Iowa City Climate Advocates; Maureen Arensdorf, 279 E. Dovetail, 100 Grannies; Rev.
Benjamin Webb, 325 College St., Trinity Episcopal Church; Matt Hartz, New Pioneer
Co -op's General Manager, presented a power point; Hank Madden, New Pioneer Co-
op's Treasurer; Andrew Sherburne1204 Sheridan Ave.; Cory Creekmur. 1157 E. Court
St.; Becky Ross, 18 Valley View Knoll, 100 Grannies; David Gould, 2923 Radcliffe Ave.;
Jesse Damazo, 20 S. Lucas St. #E; Eric Gidal, 328 Brown St.; John Thomas 509 Brown
St.; Linda McGuire, 618 Ronalds St.; Louis Young, Trinity Episcopal Church member;
Hannah Papineschi, C -Wise Design and Consulting; Mary Gravitt, 2414 Wayne # 6;
Complete Description
December 4, 2012
Page 5
Sarah Clark, Brown St.; Laura Burgus, FilmScene Board Member; Pam Michaud, 109
S. Johnson; Nancy Carlson, 1002 E. Jefferson; Karen Kubby, 1425 Ridge St.; Diane
Machatka, 406 Reno St.; Kari Thompson, 1011 Church St.; Ashley Shields, Dewey St.;
Andre Perry, 210 N. Gilbert St. Moved by Mims, seconded by Dobyns, to accept
correspondence from Tim Weitzel, Susan VanWye, Gail Falk, Eric Axelson, Gregory
Delzer, Mary Duncan, J. Perkins, Tim Dwight, Eric Gidal, Ellen Lewin, Genie Maybanks,
Joan Falconer, Ryan Durbin, Julie Gabrielson, Roxane Mitten, Jim Schlott, Joanne
Seeberger, Mary Blackwood, Joshua Weiner, Megan Drake, David Drake, Sara Krieger,
Laura Dowd, Beth Smith, Mark Palmberg, Catherine Porth, Hannah Papineschi, Sandra
Dyas, Carol deProsse (3), Patricia Ephgrave, Jesse Damazo, Brian Gotwals, Jan
Locher, Tom Martin, Mark Huelsbeck, Josh Eklow, Patricia McNichol, Nathan Morton,
Evan Evans, David McCartney, Karen Drake, Cynthia Broderick, B. McBride, Ben
Lewis, Jackie Wellborn, Jim Walters, Tom Carsner, Katherine Kelly, Gerald Sims, Mary
Crooks, Jason Paulios, Jerry Protheroe, Kathy Campbell, Sara Riggs, Deanne Mirr,
Cecile Kuenzli, Martha Schut, Michael Feagler, Patti Zwick, Amy Boelk, Mark Patton,
Virginia Melroy, Meg Tisinger.
The Mayor noted previously announced vacancies to Boards and Commissions:
Board of Appeals for a Home Builders Association Representative; or a qualified trade
representative, if after 3 months no professional applies or is appointed, to fill a five -year
term January 1, 2013 - December 31, 2017; Board of Adjustment for a five -year term,
January 1, 2013 — January 1, 2018; Public Art Advisory Committee — One vacancy to fill
a three -year term, January 1, 2013 — January 1, 2016; Parks and Recreation
Commission for two vacancies to fill four -year terms, January 1, 2013 — January 1,
2017. Due to a publication error, the vacancies will be readvertised and applications will
be accepted until December 12th and appointment deferred to December 18th ; Senior
Center Commission for a three -year term, January 1, 2013 — December 31, 2015. This
appointment for an at -large member, who is an eligible elector of Johnson County Iowa
but not a resident of the City of Iowa City, will be appointed by majority vote of the six
City Council appointees to the Commission. Applications must be received by 5:00
p.m., Wednesday, December 12, 2012.
The Mayor noted no applications were received for the following vacancies 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 Dickens thanked all the volunteers who helped with the "Celebrate
the Seasons" event downtown on December 1 st , also acknowledging Bill & Shield Boyd
for bringing their horse and buggy down for rides. Dickens also noted Bruegger's had
broken ground on Iowa Avenue.
Complete Description
December 4, 2012
Page 6
City Atty. Dilkes reported that Andy Chappell form the County Attorney's office would
be representing the City during the rezoning action requested by Hy Vee on North
Dodge Street.
Moved by Mims, seconded by Dickens, to adjourn meeting 9:40 p.m
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk
2a(5)
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 — 12/7/12
Iowa City City Council special meeting, 1:45 p.m. at City Hall Mayor Hayek
presiding. Council Members present: Dickens, Mims, Payne, Throgmorton. Absent:
Champion, Dobyns, Hayek.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved and seconded to adjourn to executive session to evaluate the
professional competency of individuals whose appointment, hiring, performance or
discharge is being considered when necessary to prevent needless and irreparable
injury to that individuals' reputations and those individuals requested a closed session.
The Mayor declared the motion carried and adjourned into executive session 1:45 p.m.
Moved and seconded to adjourn special meeting 3:15 p.m.
A more complete description of Council Activities is on file in the office of the City
Clerk.
s /Matthew J. Hayek, Mayor
s /Marian K. Karr, City Clerk
Submitted fir publication — 12/12/12.
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
DECEMBER 7, 2012
Iowa City City Council special meeting, 1:45 p.m. at City Hall Mayor Hayek
presiding. Council Members present: Dickens, Mims, Payne, Throgmorton. Absent:
Champion, Dobyns, Hayek. Staff members present: Markus, Fruin, Dilkes, Karr.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Mims, seconded by Payne, to adjourn to executive session to evaluate
the professional competency of individuals whose appointment, hiring, performance or
discharge is being considered when necessary to prevent needless and irreparable
injury to that individuals' reputations and those individuals requested a closed session.
(City Attorney, City Clerk, City Manager). The Mayor declared the motion carried and
adjourned into executive session 1:45 p.m.
Council returned to open session 3:14 p.m.
Moved by Mims, seconded by Payne, to adjourn special meeting 3:15 p.m.
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk