HomeMy WebLinkAbout2013-04-23 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356 -5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
APRIL 23, 2013
Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton. Absent: None. Staff members present: Markus, Fruin, Bentley,
Dilkes, Karr, Davidson, O'Brien, Robinson, Moran, Rocca, Morris, Fosse, Bockenstedt,
Jensen.
The Mayor presented Student Citizenship Awards to Weber Elementary students:
Jason Breitbach and Madeleine Roberts - Ganim.
Matt Krieger, Neumann Monson Architects and U.S. Green Building Council,
recognized and presented LEED certificates to two City projects: East Side Recycling
Center — Platinum (team members Jen Jordan, Mark Seabold, Keith Streuer, and Adam
Han accepting) Fire Station Number 4 — Gold (team members Andy Rocca, Roger
Jensen, Steve Rohrbach and William Downing, Justin Opperman and Mark Seabold
accepting).
The Mayor proclaimed May 13, 2013 as Andrew J. Rocca Day acknowledging the
retirement of Fire Chief Rocca, and thanked him for his years of public service.
The Mayor proclaimed: Sexual Assault Awareness Month — April, Human Rights
Commissioner Coulter accepting; Arbor Day — April 26, Parks & Forestry Supt.
Robinson accepting.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Champion, seconded by Payne, that the items and recommendations in
the Consent Calendar be received, or approved, and /or adopted as amended:
Approval of Council Actions, subject to corrections, as recommended by the City
Clerk: April 9 Council Work Session; April 9 Council Special Formal Official &
Complete.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action). Airport
Commission — February 21; Board of Adjustment — March 13; Historic Preservation
Commission — March 14; Human Rights Commission — March 19; Parks &
Recreation Commission — February 13; Planning & Zoning Commission (formal) —
March 21; Police Citizens Review Board — March 6; Police Citizens Review Board —
April 2; Senior Center Commission — February 28.
Permit Motions and Resolutions as Recommended by the City Clerk.
(Renewal): Class C Liquor License for Kennedy Investments, Inc., dba Vine Tavern
& Eatery, 330 E. Prentiss St.; Class A Liquor License for Iowa City Lodge #1096
Loyal Order of Moose dba Loyal Order of Moose Lodge #1096, 3151 Highway 6 E.;
Class C Liquor License for First Avenue Productions, Inc., dba First Avenue Club,
1550 S. First Ave.; Class C Beer Permit for ND Express, Inc., dba North Dodge
Sinclair, 2153 ACT Circle; Class C Beer Permit for KLB Bauer, Inc., dba Gasby's #1,
1310 S. Gilbert St.; Class C Beer Permit for KLB Bauer, Inc., dba Gasby's #4, 2303
Muscatine Ave.; Outdoor Service Area for Morrowco, LLC, dba Pita Pit, 113 Iowa
Ave.; Outdoor Service Area for I.C.B.B, Ltd, dba Brown Bottle, 115 E. Washington
St.; Outdoor Service Area for Linn Street Cafe, Inc., dba Linn Street Cafe, 121 N.
Linn St.; Outdoor Service Area for Givanni's of Iowa City, Inc., dba Givanni's, 109 E.
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April 23, 2013
Page 2
College St.; Outdoor Service Area for Saloon of Iowa City, L.C., dba Saloon, 112 E.
College St.; Outdoor Service Area for Chackalackal, Inc., dba One Twenty Six, 126
E. Washington St.; Outdoor Service Area for Starbucks Corporation, dba Starbucks
Coffee #2855 -IA, 228 S. Clinton St.; RES. 13 -123, TO ISSUE DANCE PERMIT to
Iowa City Lodge #1096 Loyal Order of Moose dba Loyal Order of Moose Lodge
#1096, 3151 Highway 6 E. and First Avenue Productions, Inc., dba First Avenue
Club, 1550 S. First Ave.
Resolutions and Motions: RES. 13 -124, AWARDING CONTRACT AND
AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO
ATTEST A CONTRACT FOR REPLACEMENT OF TRANSIT FARE COLLECTION
SYSTEM FOR THE TRANSPORTATION SERVICES DEPARTMENT; Approve
disbursements in the amount of $13,482,207.70 for the period of March 1 through
March 31, 2013, as recommended by the Finance Director subject to audit; RES.
13 -125, AUTHORIZING THE REDEMPTION OF OUTSTANDING TAXABLE
GENERAL OBLIGATION BONDS OF THE CITY OF IOWA CITY, STATE OF IOWA,
DATED MARCH 1, 2004, AND DIRECTING NOTICE BE GIVEN; RES. 13 -126,
AWARDING CONTRACT to Selzer Werderitsch for $ 152,900.00 AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR CONSTRUCTION OF THE CITY PARK SHELTER SIX
REPLACEMENT PROJECT; RES. 13 -127, ACCEPTING THE WORK FOR THE
LANDFILL GROUNDWATER UNDERDRAIN LIFT STATION PROJECT; RES. 13-
128, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE
CITY OF IOWA CITY AND RDG IA INC D /B /A RDG PLANNING AND DESIGN OF
DES MOINES, IOWA TO PROVIDE ENGINEERING CONSULTANT SERVICES
FOR THE 2013 WILLIAM STREET STREETSCAPE PROJECT; RES. 13 -129,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
WEST BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 3333 LOWER
WEST BRANCH ROAD, IOWA CITY, IOWA; Approving the appointment of Alec
Bramel as the City Council Liaison from the University of Iowa Student Government
(UISG) to the City Council until May 1, 2014; RES. 13 -130, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONSULTANT
AGREEMENT WITH GENUS LANDSCAPE ARCHITECTS (DES MOINES, IA) FOR
THE DOWNTOWN STREETSCAPE PLANNING PROJECT; RES. 13 -131,
AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN
INTERIM LEASE AGREEMENT AND A NEW LEASE AGREEMENT TO THE
WEDGE DOWNTOWN, INC., D /B /A THE WEDGE DOWNTOWN, FOR SPACE AT
136 S. DUBUQUE STREET; RES. 13 -132, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST AN EASEMENT AGREEMENT FOR 426
CHURCH STREET.
Setting Public Hearings: Setting a public hearing for May 14, 2013 regarding
Iowa City's FY14 Annual Action Plan, that is a sub -part of Iowa City's 2011 -2015
Consolidated Plan (a.k.a. City Steps); Setting a public hearing for May 14 on a
resolution adopting the Iowa City 2030 Comprehensive Plan Update; RES. 13 -133,
SETTING A PUBLIC HEARING ON MAY 14, 2013 ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
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April 23, 2013
Page 3
OF THE ASHTON HOUSE REMODELING PROJECT, DIRECTING CITY CLERK TO
PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO
PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 13 -134, SETTING
A PUBLIC HEARING FOR MAY 14, 2013 ON AMENDING THE FY2013
OPERATING BUDGET; Setting a hearing for May 14 on an ordinance rezoning
approximately 0.38 acres from public (P) to Central Business Support Zone (CB -5)
for property located at the northeast corner of College St & Gilbert St (REZ13-
00009).
Correspondence: Irene Klinzman regarding Status of 1St Avenue railroad
crossing; Jackson Koellner; Scott Boulter; Brett Polan regarding City STEPS Program
/ inclusionary zoning [Staff response included]; Janelle Rettig regarding Appreciation
to Fire Department; Nancy Beyer regarding Park View Terrace (possible road to City
Park);Sally Cline ( Idyllwild Condominiums Owners Association) regarding Idyllwild
Storm -Water Flood Mitigation; Amy Charles, Cathy Wilcox, Jerry Hansen, Nancy
Carlson, Gayle Bray, Sarah Clark; James White, Katie Roche regarding Flooding
Issues; Aleksey Gurtovoy, Jeff Cox regarding Public Forum on Jail Alternatives.
City Atty. Dilkes noted the addition of item 5e(5), setting a public hearing on the
College /Gilbert rezoning application; and stated conflict of interests issues form Council
Member Payne and Throgmorton would be addressed in more detail at the next Council
meeting. UISG Bramel thanked Council for his appointment to the UISG Liaison
position and introduced new UISG President Katherine Valde. President Valde stated
she was excited to work with the City Council in the upcoming year and would be
meeting individual with Council Members.
Mary Gravitt, 2714 Wayne Ave., appeared regarding the need for a hard copy City
Code in the Library; preservation of SEATS para- transit; and the need for close circuit
cameras. Nialle Sylvan, 1722 Morningside, distributed books recognizing World Book
Day. Amanda Styren, 210 W. Park, Project Leader for Creative Corridor Project,
distributed posters and stickers for the campaign and summarized upcoming events,
A public hearing was held on a resolution for a voluntary annexation of
approximately 2 acres of property located near the northeast corner of Scott Boulevard
and American Legion Road (ANN13- 00001). PCD Dir. Davidson presented a power
point. Individual Council Members expressed their views.
Moved by Dobyns, seconded by Mims, to adopt RES. 13 -135, FOR A VOLUNTARY
ANNEXATION OF APPROXIMATELY 2 ACRES OF PROPERTY LOCATED NEAR
THE NORTHEAST CORNER OF SCOTT BOULEVARD AND AMERICAN LEGION
ROAD (AN N 13- 00001).
A public hearing was held on an ordinance conditionally rezoning approximately 2
acres from County Residential (R) and approximately 2.83 acres from Low - Density
Single - Family Residential (RS -5) to Low - Density Multi - Family Residential (RM -12)
located at east of Scott Boulevard and north of Muscatine Avenue and American Legion
Road (REZ13 -00002 & REZ13- 000030). Moved by Mims, seconded by Throgmorton to
continue public hearing and defer an ordinance conditionally rezoning approximately 2
acres from County Residential (R) and approximately 2.83 acres from Low - Density
Single - Family Residential (RS -5) to Low - Density Multi - Family Residential (RM -12)
located at east of Scott Boulevard and north of Muscatine Avenue and American Legion
Road (REZ13 -00002 & REZ13- 000030), until May 14.
Complete Description
April 23, 2013
Page 4
A public hearing was held on a resolution approving an amendment to the
Comprehensive Plan - South District Plan to change the land use designation from
Multifamily to General Commercial for property located at the southeast corner of the
intersection of Highway 6 and Broadway Street. Mayor Hayek stated items 7c and 7d
were related and encouraged citizens to speak on either item during the hearing. The
Mayor requested Council Members disclose any ex parte communications and none
were reported. PCD Dir. Davidson presented a power point. Individual Council Members
expressed their views. Wally Pelds, Pelds Engineering representing Casey General
Stores, appeared.
Moved by Champion, seconded by Payne, to adopt RES. 13 -136, AMENDING THE
COMPREHENSIVE PLAN TO CHANGE THE LAND USE DESIGNATION FROM
MULTI - FAMILY TO GENERAL COMMERCIAL FOR PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF THE INTERSECTION OF HIGHWAY 6 AND BROADWAY
STREET.
A public hearing was held on ordinance conditionally rezoning property from
Commercial Office (CO -1) Zone to Community Commercial (CC -2) Zone and amending
the conditional zoning agreement for approximately 2.31 -acres of property currently
zoned CC -2 and CO -1 located at the southeast corner of the intersection of Broadway
Street and Highway 6 (REZ13 -00005 Casey's).
Moved by Payne, seconded by Mims, that the ordinance conditionally rezoning
property from Commercial Office (CO -1) Zone to Community Commercial (CC -2) Zone
and amending the conditional zoning agreement for approximately 2.31 -acres of
property currently zoned CC -2 and CO -1 located at the southeast corner of the
intersection of Broadway Street and Highway 6 (REZ13 -00005 Casey's), be given first
vote.
A public hearing was held on an ordinance conditionally rezoning approximately 7.09
acres to amend the Sensitive Areas Development plan to allow a reduction in the
previously approved wetland buffer on property located adjacent to 2845 Mormon Trek
Boulevard (REZ12 -00032 Billion Auto). The Mayor requested Council Members disclose
any ex parte communications and none were reported. PCD Dir. Davidson presented a
power point. The following individuals appeared: Duane Musser, MMS Consultants,
presented slides; Roxanne Bohlke, 4195 Dane Road; Janel Jung, 4161 Dane Road;
and John Rummelhart, 112 E. Court St. Individual Council Members expressed their
views.
Moved by Payne, seconded by Mims, that the ordinance conditionally rezoning and
amending the Sensitive Areas Development Plan to allow a reduction a reduction in the
previously approved wetland buffer on property located at 2845 Mormon Trek Boulevard
(REZ12 -00032 Billion Auto), be given first vote. Individual Council Members expressed
their views. The Mayor declared the motion carried, 4/3, with the following division of roll
call vote. Ayes: Payne, Dickens, Hayek, Mims. Nays: Throgmorton, Champion,
Dobyns.
A public hearing was held on an ordinance rezoning approximately 27.8 acres
located west of Mormon Trek Boulevard and north of Hawkeye Park Road from
Institutional Public (P -2) to Institutional Public /Medium- Density Multi - Family (P- 2 /RM -20).
PCD Dir. Davidson presented a power point. Individual Council Members expressed
their views.
Complete Description
April 23, 2013
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Moved by Payne, seconded by Dickens, that the ordinance rezoning approximately
27.8 acres located west of Mormon Trek Boulevard and north of Hawkeye Park Road
from Institutional Public (P -2) to Institutional Public /Medium- Density Multi - Family (P-
2/RM-20), be given first vote.
A public hearing was held on an ordinance amending Title 14: zoning to define
rooming house cooperatives as a type of fraternal group living use and to specify that
fraternal group living uses are allowed by special exception in the RNS -20 Zone and to
modify the residential density and parking standards for said uses to be consistent with
the density and parking standards for multi - family uses. Justin Mulford and Vanessa
Fixmer - Orait, 437 S. Governor, appeared. Moved by Mims, seconded by Dickens, to
accept correspondence from Meriam Belli, Jannifer Kozajda, Suzanne Bentler, Natalie
Fixmer - Oraiz, Melinda Zuehlke- Woodard, Mike Wright, Phillip Gander.
Moved by Champion, seconded by Payne, that the ordinance amending Title 14:
zoning to define rooming house cooperatives as a type of fraternal group living use and
to specify that fraternal group living uses are allowed by special exception in the RNS-
20 Zone and to modify the residential density and parking standards for said uses to be
consistent with the density and parking standards for multi - family uses, be given first
vote. Individual Council Members expressed their views.
A public hearing was held on an ordinance amending Title 14, Zoning Code to
establish parking location standards and entranceway standards that will reduce the
visual impact of structured and surface parking areas along residential streets in
multifamily zones. No one appeared.
Moved by Payne, seconded by Dickens, that the ordinance amending Title 14,
Zoning Code to establish parking location standards and entranceway standards that
will reduce the visual impact of structured and surface parking areas along residential
streets in multifamily zones, be given first vote.
Moved by Mims, seconded by Payne, that ORD. 13 -4522, AMENDING
SUBSECTION 14- 4134A, PARAGRAPH 7 OF THE ZONING CODE TO ALLOW
MULTI - FAMILY DWELLING UNITS TO BE LOCATED ON OR BELOW THE STREET
LEVEL FLOOR OF A BUILDING BY SPECIAL EXCEPTION IN THE CB -5 ZONE FOR
BUILDINGS DESIGNATED AS AN IOWA CITY HISTORIC LANDMARK, be passed and
adopted.
The Mayor requested Council Members disclose ex parte communications and none
were reported. Moved by Mims, seconded by Dickens, that ORD. 13 -4523, REZONING
APPROXIMATELY .09 ACRES LOCATED AT 529 S. GILBERT STREET AS AN IOWA
CITY HISTORIC LANDMARK (REZ13- 00008), be passed and adopted.
Moved by Mims, seconded by Payne, that the ordinance rezoning 0.78 acres of land
located at 1105 Gilbert Court from Public (P -1) to Intensive Commercial (CI -1) (REZ13-
00006 Crisis Center), be given second vote.
Moved by Mims, seconded by Dobyns, that the ordinance conditionally rezoning
2.12 acres of land located south of Highway 1 west, east of Ruppert Road from
Intensive Commercial (CI -1) Zone to Community Commercial (CC -2) Zone (REZ13-
00007), be given second vote. The Mayor requested Council Members disclose ex
parte communications and none were reported. Mary Gravitt, 2714 Wayne Ave.,
appeared. The Mayor declared the motion carried, 6/1, with the following division of roll
call vote. Ayes: Mims, Payne, Champion, Dickens, Dobyns, Hayek. Nays:
Throgmorton.
Complete Description
April 23, 2013
Page 6
Moved by Payne, seconded by Dobyns, that the ordinance vacating air rights and
subterranean rights for portions of public right -of -way located on George Street between
Benton Street and Oakcrest Street (VAC13 -00002 Oaknoll), be given second vote.
Moved by Mims, seconded by Dickens, that the ordinance amending Title 4 of the
zoning code to modify the process for delineating woodland buffers and counting
preserved trees and woodlands toward any tree replacement or mitigation
requirements, be given second vote.
Moved by Payne, seconded by Dickens, that the ordinance conditionally rezoning
approximately 0.465 acres of land from Commercial Office (CO -1) Zone to High Density
Multifamily (RM -44) Zone for property located at 821 E. Jefferson Street (REZ12-
00030), be given second vote. The Mayor requested Council Members disclose ex
parte communications and none were reported.
Moved by Mims, seconded by Dickens, to adopt RES. 13 -137, APPROVING
PRELIMINARY PLAT FOR COUNTY CLUB ESTATES PARTS 4 -7 ADDITIONS
(Country Club). PCD Dir. Davidson presented a power point. The Mayor requested
Council Members disclose ex parte communications and none were reported.
Individual Council Members expressed their views.
Moved by Payne, seconded by Dickens, to adopt RES. 13 -138, APPROVING FINAL
PLAT FOR COUNTY CLUB ESTATES FOURTH ADDITION (Country Club). PCD Dir.
Davidson presented a power point. The Mayor requested Council Members disclose ex
parte communications and none were reported.
Moved by Payne, seconded by Champion to defer to May 14, resolutions approving
final plat for Lindemann Part Four -A and approving final plat of Lindemann Part Five.
A public hearing was held on a resolution authorizing conveyance of a single family
home located at 426 Church Street. No one appeared.
Moved by Mims, seconded by Payne, to adopt RES. 13 -139, AUTHORIZING
CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 426 CHURCH STREET.
A public hearing was held on a resolution instituting proceedings to take additional
action for the issuance of not to exceed $6,500,000 General Obligation Bonds, Series
2013A. Finance Dir. Bockenstedt presented a power point.
Moved by Mims, seconded by Dickens, to adopt RES. 13 -140, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO
EXCEED $6,500,000 GENERAL OBLIGATION BONDS, SERIES 2013A.
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization and issuance of not to exceed $375,000 General Obligation
Bonds, Series 2013A. No one appeared.
Moved by Payne, seconded by Mims, to adopt RES. 13 -141, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND
ISSUANCE OF NOT TO EXCEED $375,000 GENERAL OBLIGATION BONDS,
SERIES 2013A.
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization and issuance of not to exceed $625,000 General Obligation
Bonds, Series 2013A. No one appeared.
Moved by Throgmorton, seconded by Dickens, to adopt RES. 13 -142, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND
ISSUANCE OF NOT TO EXCEED $625,000 GENERAL OBLIGATION BONDS,
SERIES 2013A.
Complete Description
April 23, 2013
Page 7
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization and issuance of not to exceed $570,000 General Obligation
Bonds, Series 2013A. No one appeared.
Moved by Dickens, seconded by Payne, to adopt RES. 13 -143, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND
ISSUANCE OF NOT TO EXCEED $570,000 GENERAL OBLIGATION BONDS,
SERIES 2013A.
A public hearing was held on a resolution authorizing the filing of an application with
the Iowa Department of Transportation for FY2014 Iowa DOT State Transit Assistance
and Federal Transit Administration Funding. No one appeared.
Moved by Payne, seconded by Mims, to adopt RES. 13 -144, AUTHORIZING THE
FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF
TRANSPORTATION FOR FY2014 IOWA DOT STATE TRANSIT ASSISTANCE AND
FEDERAL TRANSIT ADMINISTRATION FUNDING.
A public hearing was held on a resolution Adopting Annual Plan For Fiscal Year
2013. No one appeared.
Moved by Payne, seconded by Mims, to adopt RES. 13 -145, TO ADOPT THE IOWA
CITY HOUSING AUTHORITY'S ANNUAL PLAN FOR FISCAL YEAR 2013. Housing
Adm. Rackis present for discussion.
Moved by Payne, seconded by Mims, to adopt RES. 13 -146, ADOPTING THE IOWA
CITY HOUSING AUTHORITY'S HOUSING CHOICE VOUCHER (HCV)
ADMINISTRATIVE PLAN.
Moved by Payne, seconded by Mims, to adopt RES. 13 -147, ADOPTING THE IOWA
CITY HOUSING AUTHORITY'S PUBLIC HOUSING ADMISSIONS AND CONTINUED
OCCUPANCY POLICY (ACOP).
Moved by Mims, seconded by Payne, that the ordinance amending Title 5, entitled
"Business and License Regulations," Chapter 2, entitled "Taxicabs," to clarify that
taxicabs must use a taximeter to measure distance, be given first vote.
Moved by Mims, seconded by Champion, to make the following appointments to
Boards and Commissions: Christine Ralston, 623 Dearborn Street, to the Housing &
Community Development Commission for an unexpired term, effective upon
appointment, ending September 1, 2015; Jodie Barry Theoblad, 2300 Jessup Circle, to
the Planning & Zoning Commission —to fill five -year terms, May 1, 2013 — May 1, 2018.
The Mayor noted that 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); Historic
Preservation Commission for a Jefferson St. representative to fill three -year terms,
March 29, 2013 — March 29, 2016 (New District formed). 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.]
Complete Description
April 23, 2013
Page 8
The Mayor noted the previously announced vacancies: Library, Board of Trustees —
for three vacancies to fill six -year terms, July 1, 2013 — July 1, 2019. Applications must
be received by 5:00 p.m., Wednesday, May 8, 2013.
The Mayor noted the current vacancy: Human Rights Commission for an unexpired
term, effective upon appointment, ending January 1, 2015; Public Art Advisory
Committee for an unexpired term, effective upon appointment, ending January 1, 2014.
Applications must be received by 5:00 p.m., Wednesday, May 29, 2013.
Council Member Throgmorton reported on a meeting he attended with the City
Manager and Swallow Yan, Director of the Chinese Association of Iowa regarding
strengthening connections with new resident of Chinese descent; stated he would be
meeting with Feihong He, a member of the Chinese Student Association at the
University; encouraged people to attend the second annual Jane Jacobs Walk on May
4t" co- sponsored by the City of Iowa City and the School of Urban and Regional
Planning at the University; and announced he would be speaking to the University of
Iowa Environmental Coalition re sustainability in Iowa City on May 2 .
Council Member Dickens summarized neighborhood meetings being held in the
Gilbert Ct. area, and stated staff will be doing inspections on building needing repair and
was encouraged with activities thus far; reported on the Iowa Women's Leadership
Conference going on in Coralville.
Mayor Hayek reported on a Chamber lobbying trip he attended with Asst. to the City
Manager Fruin April 17 -18 and highlighted three area, passenger rail, Riverfront
Crossings project, and general support of CDBG funding.
Council Wished Happy Birthday to City Manager Markus and City Atty. Dilkes.
Moved by Mims, seconded by Payne, to adjourn special meeting 9:30 p.m.
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Matthew J. Hayek, Mayor
Mahan K. Karr, City Clerk
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-IM MEMORANDUM
Date: April 15, 2013
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, April 9, 2013, 5:04 PM in Emma J. Harvat Hall
Council: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton
UISG: Bramel
Staff: Markus, Fruin, Dilkes, Karr, Bentley, Davidson, Bockenstedt, O'Brien, Dyson,
Bowers, Reichart, Hargadine, Steffen, Wyss
(Due to technical problems a complete transcription is not available for the entire work session;
The end portion of the meeting is are available in the City Clerk's Office and the City website)
QUESTIONS FROM COUNCIL REGARDING AGENDA ITEMS
1. (Consent Calendar # 4d(12) — FY2012 Asphalt Resurfacing... and # 4e(10 -13) ... General
Obligation Bonds ....) In response to Council Member Throgmorton, City Manager Markus
stated that discussion of improvements in core neighborhoods could be discussed as part of
the budget and CIP review process.
2. (Agenda items # 7 - # 14 .... Hearings ... resolution assessing civil penalty ... selling
tobacco to minors ....) In response to Council Member Throgmorton, City Attorney Dilkes
stated the items should not be combined as each establishment has an opportunity for a
hearing.
3. (Consent Calendar # 4d(14) — Rocky Shore Pump Station and floodgate ... resolution
approving agreement ...) Council Member Payne questioned whether she should abstain on
the item as she works for MidAmerican. City Attorney Dilkes indicated that her employment
does not require her abstaining on all voting concerning her employer; and suggested that in
the future she contact the City Attorney's office prior to the meeting for further review.
Agreement was to delete the item for separate consideration.
4. (Consent Calendar # 4e(10) —...General Obligation Bonds ... Memo from Finance Director
and attached Project Schedule ) In response to Council Member Payne, Finance Dir.
Bockenstedt clarified the Taft Speedway Levee Project showed $100,000 reflecting
reimbursement for preliminary costs of the project.
REPORT FROM AD HOC DIVERSITY COMMITTEE QP # 4)
Chairperson Kingsley Botchway introduced committee members Joe Dan Coulter, LaTasha
Massey, Cindy Roberts, Orville Townsend, and Joan VandenBerg. Committee Members
reviewed the recommendations for Transportation, Law Enforcement & Police Citizens Review
Board, and an equity report. Council Members extended appreciation to the Committee for their
work.
ACTION: City Manager and staff will review the recommendations and develop an
implementation plan for City Council adoption by resolution in the next couple of months
Council Work Session
April 9, 2013
Page 2
DISCUSS OF AGENDA ITEMS FOR JOINT MEETING ON APRIL 29 QP# 5)
Majority agreed to ask that an update on the Facilities Process be provided by the School
District.
ACTION: City Clerk to notify the County of the agenda item. (Karr)
INFORMATION PACKET DISCUSSION [March 21, 28, April 4]
➢ March 21
1. (IP2 —Partnership for Alcohol Safety —Annual Report 2012) In response to Council
Member Dobyns, Asst. to the Fruin stated the City and University are working on some
changes in software to enable better translation of the data including geographic
coverage and deployment of resources.
➢ March 28
(IP3 — Memo from Police Chief: Old recruiting video) In response to Council Member
Throgmorton, City Manager Markus acknowledged the work of the Ad Hoc Diversity
Committee in reviewing the video and providing the City an opportunity to present a
different image.
2. (IP5 — Police Citizens Review Board Community Forum) City Clerk Karr noted the
upcoming forum on April 23 at the Public Library.
3. (IP6 — Criminal Justice Coordinating Committee Minutes — March 6) Council Member
Throgmorton noted that the minutes included a suggestion by Dorothy Whiston to the
County to hire a consultant for a systemic analysis of racial equity outcomes and
suggested staff initiate a response. City Manager Markus suggested that discussion
wait until after the presentation by the State of the Overview of Iowa Department of
Human Rights Report to Johnson County Officials at the April 23 work session.
4. (I136 — Criminal Justice Coordinating Committee Minutes — March 6) Council Member
Champion raised concerns regarding comments that Iowa City has a higher contact with
minority youth than most of the rest of the county but a lower incarceration. In response
to City Manager Markus Champion stated she would clarify whether that statement
referred to "county" or "country" data.
➢ April
1. (IP10 — Copy of letter from Amy Kretkowski to Public Works Department — extension
to repair / replace brick sidewalks) In response to Council Member Throgmorton, City
Manager Markus and Asst. to the City Manager Fruin stated the item is schedule for
the April 23 work session; and no penalty will be incurred waiting for Council
direction.
2. (IP15 — Information form the ICCSD Facilities Master Planning Steering Committee)
Council Members raised concerns regarding the criteria being used being
inconsistent with core neighborhoods and the importance of neighborhood schools.
Council Work Session
April 9, 2013
Page 3
3. (IP7 — KXIC Radio Show)
April 17 - Throgmorton
April 24 - Hayek
May 1 - Payne
May 8 - Dobyns
May 15 — Mims
Council Members agreed to the following schedule:
MEETING SCHEDULE AND COUNCIL TIME
1. City Clerk Karr stated she will be proposing an August thru December meeting schedule for
discussion on April 23, and asked Council Members to let her know if there were certain
dates to avoid.
2. City Clerk Karr stated she had an opening for the April 19 Creative Corridor luncheon in
Cedar Rapids and asked if Council Members were interested in attending. Mayor Hayek will
check his calendar.
3. Mayor Hayek stated he would be attending the Green Symposium April 10.
4. Council Member Dickens reported on a meeting of businesses in the Gilbert Court and
Highland Court area frustrated with nuisance activities occurring in the neighborhood., and
stated they would be meeting again in a couple of weeks. Dickens reported a number of
City staff involved and possible improvements include better lighting and no overnight
parking
5. Council Member Dickens commented that he had suggested using any revenues generated
from red light cameras to help subsidize SEATS. City Manager Markus stated currently the
City was in a "holding pattern" awaiting IDOT rules.
6. Mayor Hayek reported he and Asst. to the City Manager Fruin would be in Washington for
the annual lobbying trip next week.
7. Mayor Pro tem Mims reported she and staff did a presentation to the IDOT Commission
earlier in the day updating them on City support of AMTRAK; Riverfront Crossings Project;
various projects along Highway 1 and Highway 6; and thanking them for their support of the
RISE grant for Moss Ridge.
8. Mayor Pro tem Mims stated she would be welcoming the electrical inspectors conference
group on April 10.
9. UISG Rep. Bramel reported on the upcoming UISG elections.
10. Mayor Hayek noted that Adm. Asst. Bentley would be the "face" for the new video prepared
to promote the new mobile application for neighborhood nuisance issues,
PENDING WORK SESSION TOPICS
None
UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS
None
Meeting adjourned 6:35 PM.
5a(2)
Subject to change as finalized b the City Clerk. For a final official co —�
� g y y copy, contact the
City Clerk's Office 356 -5040.
The cost of publishing the following proceedings and claims is $
Cumulative cost for this calendar year for said publication is $_
OFFICIAL COUNCIL ACTIONS — 4/9/13
Iowa City City Council Special meeting, 7:00 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton. Absent: None.
The Mayor presented Outstanding Student Citizenship Awards to Lucas Elementary
students: Nhan Ha To, Cade Hanrahan, and Kate Goodvin.
The Mayor proclaimed: Barbershop Harmony Week — April 7 -13, David Keeley
accepting; Bill Sackter Day — April 13, Gretchen Gentsch accepting; Days of
Remembrance — April 7 -14, Human Rights Commissioner Katy Anthony accepting;
National Service Recognition Day — April 9, Jean Kuehl, Assistant Director 6th Judicial
District Department of Correctional Services and Susan Wehr, Ex. Dir. Elder Services
accepting; Strive for Success Day — April 20, Caleb Thomas 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 and to delete from the Consent
Calendar for separate consideration item 4d(14) the Resolution approving an
agreement for the relocation of utilities necessary for the Rocky Shore Drive Pump
Station Project.
Approval of Council Actions, subject to corrections, as recommended by the City
Clerk: March 19 Council Work Session; March 19 Council Regular Formal Official &
Complete.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Board of
Adjustment — February 13; Historic Preservation Commission — February 14;
Historic Preservation Commission — March 1; Human Rights Commission — January
28; Human Rights Commission — February 19; Planning & Zoning Commission
(informal) — March 4; Planning & Zoning Commission (formal) — March 7.
Permit Motions and Resolutions as recommended by the City Clerk. (Renewal):
Class C Liquor License for Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St.;
Outdoor Service Area for Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St.; Class C
Liquor License for B.P.O. Elks #590, 637 Foster Rd.; Class C Liquor License for El
Banditos, 327 E. Market St.; Class C Liquor License for El Dorado Mexican
Restaurant, 1634 Sycamore St.; Class C Liquor License for The Deadwood, 6 S.
Dubuque St.; Outdoor Service Area for The Deadwood, 6 S. Dubuque St.
Resolutions and Motions: RES. 13 -87, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A
MORTGAGE FOR THE PROPERTY LOCATED AT 316 4T" AVENUE, IOWA CITY,
IOWA; RES. 13 -88, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING AN AGREEMENT
AND A MORTGAGE FOR THE PROPERTIES LOCATED AT 3351 WINTERGREEN
AVENUE AND 1904 HANNAH JO COURT, IOWA CITY, IOWA; RES. 13 -89,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIENS REGARDING AN AGREEMENT, A MORTGAGE, AND
Official Actions
April 9, 2013
Page 2
TWO AMENDMENTS FOR THE PROPERTIES LOCATED AT 1541, 1562, AND
1664 DICKENSON LANE, IOWA CITY, IOWA; RES. 13 -90, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF
LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT
935 DOVER STREET, IOWA CITY, IOWA; RES. 13 -91, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF
LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT
2420 BITTERSWEET COURT, IOWA CITY, IOWA; RES. 13 -92, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE PARTIAL
RELEASE OF AN ACCESS AND DRAINAGE EASEMENT LOCATED ON LOTS 14
AND 15 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION; RES. 13 -93,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIENS REGARDING A CONTRACT AMENDMENT #1,
CONTRACT AMENDMENT #2, AND A MORTGAGE FOR THE PROPERTY
LOCATED AT 1522 DICKENSON LANE, IOWA CITY, IOWA; RES. 13 -94,
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 2659 GABLE STREET, IOWA CITY, IOWA; RES. 13-
95, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY
LOCATED AT 513 5T" AVENUE, IOWA CITY, IOWA; RES. 13 -96, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
WELLS FARGO HOME MORTGAGE, CORALVILLE, IOWA FOR PROPERTY
LOCATED AT 115 TAFT SPEEDWAY, IOWA CITY, IOWA; RES. 13 -97,
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 2230 HICKORY COURT, IOWA CITY, IOWA; RES. 13-
98, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE
FY2014 ASPHALT RESURFACING PROJECT; RES. 13 -99, AWARDING
CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WEST SIDE LEVEE
PROJECT; RES. 13 -100, ACCEPTING PAYMENT OF $300 CIVIL PENALTY and
WAIVER OF RIGHT OF HEARING FROM IC UGLY'S; RES. 13 -101, ACCEPTING
PAYMENT OF $1500 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING
FROM RED POPPY; RES. 13 -102, ACCEPTING PAYMENT OF $300 CIVIL
PENALTY AND WAIVER OF RIGHT OT HEARING FROM RTZ EXPRESS; RES.
13 -103, ACCEPTING USE OF SECTION 453A.22(2) AFFIRMATIVE DEFENSE TO
TOBACCO CIVIL PENALTY BY DELI MART #2; RES. 13 -104, ACCEPTING USE
OF SECTION 453A.22(2) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL
PENALTY BY DELI MART #3; RES. 13 -105, ACCEPTING USE OF SECTION
453A.22(2) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY
GASBY'S; RES. 13 -106, ACCEPTING USE OF SECTION 453A.22(2)
AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY KUM & GO.
Official Actions
April 9, 2013
Page 3
Setting Public Hearings: RES. 13 -107, setting public hearing for April 23, 2013,
on a proposal to convey a single family home located at 426 Church Street; Setting a
public hearing for April 23 on a resolution for a voluntary annexation of
approximately 2 acres of property located near the northeast corner of Scott
Boulevard and American Legion Road (ANN13- 00001); Setting a public hearing for
April 23 on an ordinance conditionally rezoning approximately 2 acres from County
Residential (R) and approximately 2.83 acres from Low - Density Single- Family
Residential (RS -5) to Low - Density Multi - Family Residential (RM -12) located at east of
Scott Boulevard and north of Muscatine Avenue and American Legion Road. (REZ13-
00002 & REZ13- 00003); Setting a public hearing for April 23 on a resolution
approving an amendment to the Comprehensive Plan - South District Plan to change
the land use designation from Multifamily to General Commercial for property
located at the southeast corner of the intersection of Highway 6 and Broadway
Street (Casey's); Setting a public hearing for April 23 on an ordinance conditionally
rezoning property from Commercial Office (CO -1) Zone to Community Commercial
(CC -2) Zone and amending the conditional zoning agreement for approximately
2.31 -acres of property currently zoned CC -2 and CO -1 located at the southeast
corner of the intersection of Broadway Street and Highway 6 (Casey's) (REZ13-
00005); Setting a public hearing for April 23 on an ordinance conditionally rezoning
approximately 7.09 acres to amend the Sensitive Areas Development plan to allow a
reduction in the previously approved wetland buffer on property located adjacent to
2845 Mormon Trek Boulevard (Billion) (REZ12- 00032); Setting a public hearing for
April 23 on an ordinance rezoning approximately 27.8 acres located west of Mormon
Trek Boulevard and north of Hawkeye Park Road from Institutional Public (P -2) to
Institutional Public /Medium- Density Multi - Family (P- 2 /RM -20) (REZ13- 00001); Setting
a public hearing for April 23 on an ordinance amending Title 14: Zoning to define
rooming house cooperatives as a type of fraternal group living use and to specify
that fraternal group living uses are allowed by special exception in the RNS -20 Zone
and to modify the residential density and parking standards for said uses to be
consistent with the density and parking standards for multi - family uses; Setting a
public hearing for April 23 on an ordinance amending Title 14: Zoning Code to
establish parking location standards and entranceway standards that will reduce the
visual impact of structured and surface parking areas along residential streets in
multifamily zones; RES. 13 -108, FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $6,500,000 GENERAL
OBLIGATION BONDS, SERIES 2013A, (FOR AN ESSENTIAL CORPORATE
PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF; RES. 13 -109, FIXING DATE FOR A
MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED
$375,000 OF GENERAL OBLIGATION BONDS SERIES 2013A (FOR A GENERAL
CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE
THEREOF; RES. 13 -110, FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $625,000 OF
GENERAL OBLIGATION BONDS, SERIES 2013A (FOR A GENERAL
CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE
THEREOF; RES. 13 -111, FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $570,000 OF
GENERAL OBLIGATION BONDS, SERIES 2013A (FOR A GENERAL
Official Actions
April 9, 2013
Page 4
CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE
THEREOF.
Correspondence: Ryan Durbin; Marybeth Slonneger; Amanda Owen Van Horne
(x2); Kristin Johnson; Bobbie Paxton, Nancy Adams - Cogan, Michael Briggs, Sonia
Ettinger, Cory Nelson regarding The Chauncey (Moen Building)/Workforce Housing;
Martha Norbeck regarding Bicycles on Burlington Street Bridge [Staff memo
included]; Billy Joe Parker regarding National Prohibitionist January Newsletter; Billy
Joe Parker regarding Communities and Governments Responsible; Billy Joe Parker
regarding Fields of the Wood; Billy Joe Parker regarding Happy Trails in Georgia -
March April; Carol deProsse and Caroline Dieterle (X2) regarding Two At the Fringe
— ICPD Recruitment Video; Melvin Kelly regarding 2013 Summer Youth Projects;
Kayla Cress regarding Trash Can screening — no thanks; Aleksey Gurtovoy
regarding Invitation to a Public Forum on Traffic Surveillance and Drones; Mary
Knudson regarding Iowa City Co- Housing proposal [Staff response included]; Brian
Flanagan regarding Dining Outside; Melvin Kelly regarding West Nile Virus; Carol
deProsse regarding Police Recruitment Video; Tom Novak regarding Normandy
Drive extension into City Park; Ann Christenson regarding Comprehensive Plan
comment; James Walker regarding Petition Filed to Ban Traffic — Cameras; Acting
Traffic Engineering Planner regarding Designation of a Motorcycle / Scooter Parking
Only area in the 10 Block of Lincoln Avenue on the east side of the street.
Council Member Payne abstained due to a conflict of interest on the next item.
Moved and seconded to adopt RES. 13 -112, APPROVING AN AGREEMENT TO
PURCHASE CRANDIC PARK AND AUTHORIZING THE CITY MANAGER TO ENTER
INTO AGREEMENTS FOR THE RELOCATION OF UTILITIES NECESSARY FOR THE
ROCKY SHORE DRIVE PUMP STATION PROJECT.
Elsie Gauley Vega, 320 E. Washington St., appeared regarding the proposed
Chauncey building at the corner of Gilbert and College Streets. Mary Gravitt, 2714
Wayne Avenue, appeared regarding wording in the Days of Remembrance
proclamation; SEATS; and elimination of "workforce housing" from the City vocabulary.
Rick Holderness appeared regarding a house sale in 1972. Senior Center
Commissioner Jay Honohan updated Council on activities at the Center.
A public hearing was held on an ordinance rezoning 0.78 acres of land located at
1105 Gilbert Court (Crisis Center) from Public (P -1) to Intensive Commercial (CI -1)
(REZ13- 00006).
Moved and seconded that the ordinance rezoning .78 acres located at 1105 Gilbert
Court from Public (P -1) to Intensive Commercial (CI -1) (REZ13- 00006), be given first
vote.
A public hearing was held on an ordinance conditionally rezoning 2.12 acres of land
located south of Highway 1 west, east of Ruppert Road from Intensive Commercial (CI-
1) Zone to Community Commercial (CC -2) Zone (REZ13- 00007). Mary Gravitt, 2714
Wayne Avenue, appeared.
Moved and seconded that the ordinance conditionally rezoning 2.12 acres located
south of Highway 1 west, east of Ruppert Road from Intensive Commercial (CI -1) Zone
to Community Commercial (CC -2) Zone (REZ13- 00007), be given first vote. The Mayor
declared the motion carried, 6/1.
A public hearing was held on an ordinance vacating air rights and subterranean
rights for portions of public right -of -way located on George Street between Benton
Street and Oakcrest Street (VAC 13-00002).
Official Actions
April 9, 2013
Page 5
Moved and seconded that the ordinance vacating air rights and subterranean rights
for portions of public right -of -way located on George Street between Benton Street and
Oakcrest Street (VAC13- 00002), be given first vote.
A public hearing was held on an ordinance amending Title 4 of the Zoning Code to
modify the process for delineating woodland buffers and counting preserved trees and
woodlands toward any tree replacement or mitigation requirements.
Moved and seconded that the ordinance amending Title 4 of the Zoning Code to
modify the process for delineating woodland buffers and counting preserved trees and
woodlands toward any tree replacement or mitigation requirements, be given first vote.
A public hearing was held on a resolution amending the Central District Plan Map
designation from Office Commercial to High Density Multi - Family Residential for property
located at 821 E. Jefferson Street; and on an ordinance conditionally rezoning
approximately 0.465 acres of land from Commercial Office (CO -1) Zone to High Density
Multifamily (RM -44) Zone for property located at 821 E. Jefferson Street (REZ12-
00030). The following individuals appeared: Nancy Carlson, 1002 E. Jefferson; Sarah
Clark, 509 Brown Street; and applicant Jeff Clark, 414 E. Market Street.
Moved and seconded to adopt RES. 13 -113, AMENDING THE CENTRAL DISTRICT
PLAN MAP DESIGNATION FROM OFFICE COMMERCIAL TO HIGH DENSITY MULTI-
FAMILY RESIDENTIAL FOR PROPERTY LOCATED AT 821 E. JEFFERSON STREET.
A public hearing was held on an ordinance conditionally rezoning approximately
0.465 acres of land from Commercial Office (CO -1) Zone to High Density Multifamily
(RM -44) Zone for property located at 821 E. Jefferson Street (REZ12- 00030).
Moved and seconded that the ordinance conditionally rezoning approximately 0.465
acres of land from Commercial Office (CO -1) Zone to High Density Multifamily (RM -44)
Zone for property located at 821 E. Jefferson Street (REZ12- 00030), be given first vote.
Moved and seconded that the ordinance amending Subsection 14- 413-4A, Paragraph
7, of the Zoning Code to allow multi - family dwelling units to be located on or below the
street level floor of a building by special exception in the CB -5 Zone for buildings
designated as an Iowa City Historic Landmark, be given second vote.
Moved and seconded that the ordinance rezoning approximately .09 acres located at
529 S. Gilbert Street as an Iowa City Historic Landmark (REZ13- 00008), be given
second vote.
Moved and seconded that ORD. 13 -4519, AMENDING SECTION 14 -4E -8 OF THE
ZONING CODE TO MODIFY HOW NONCONFORMING DEVELOPMENT IS
REGULATED, be passed and adopted.
Moved and seconded that ORD. 13 -4520, AMENDING SECTION 14 -413-12 AND
TABLE 2C -1 OF THE ZONING CODE TO INCLUDE NEW STANDARDS FOR QUICK
VEHICLE SERVICING USES IF LOCATED IN THE TOWNCREST DESIGN REVIEW
DISTRICT OR THE RIVERFRONT CROSSINGS DISTRICT, be passed and adopted.
Moved and seconded to adopt RES. 13 -114, RESOLUTION APPROVING THE
FINAL PLAT OF MACKINAW VILLAGE PART FIVE, IOWA CITY, IOWA.
A hearing was held on a resolution assessing a $300.00 Civil Penalty against Alsafa
Market, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty.
Andy Chappell present for discussion. Owner Nasrel Ahmed - Ibrahim appeared.
Moved and seconded to adopt RES. 13 -115, ASSESSING A $300.00 CIVIL
PENALTY AGAINST ALSAFA MARKET, and amend the resolution to provide a three
month payment of the civil penalty.
Official Actions
April 9, 2013
Page 6
A hearing was held on a resolution assessing a $300.00 Civil Penalty against the
Spirit Tobacco and more d /b /a Hookah Cove, pursuant to Iowa Code Section
453A.22(2) (2013.) Asst. Johnson County Atty. Andy Chappell present for discussion.
Moved and seconded to adopt RES. 13 -116, ASSESSING A $300.00 CIVIL
PENALTY AGAINST HOOKAH COVE.
Moved and seconded to adopt RES. 13 -117, ACCEPTING PAYMENT OF $300.00
CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM THE IN ZONE.
A hearing was held on a resolution assessing a $300.00 Civil Penalty against Kum &
Go #52, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty.
Andy Chappell present for discussion.
Moved and seconded to adopt RES. 13 -118, ASSESSING A $300.00 CIVIL
PENALTY AGAINST KUM & GO #52.
A hearing was held on a resolution assessing a $300.00 Civil Penalty against
Southside Liquor and Tobacco, pursuant to Iowa Code Section 453A.22(2) (2013). Asst.
Johnson County Atty. Andy Chappell present for discussion.
Moved and seconded to adopt RES. 13 -119, ASSESSING A $300.00 CIVIL
PENALTY AGAINST SOUTHSIDE LIQUOR AND TOBACCO.
A hearing was held on a resolution assessing a $300.00 Civil Penalty against The
Convenience Store, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson
County Atty. Andy Chappell present for discussion.
Moved and seconded to adopt RES. 13 -120, ASSESSING A $300.00 CIVIL
PENALTY AGAINST THE CONVENIENCE STORE.
A hearing was held on a resolution assessing a $300.00 Civil Penalty against
Tobacco Bowl, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson
County Atty. Andy Chappell present for discussion.
Moved and seconded to adopt RES. 13 -121, ASSESSING A $300.00 CIVIL
PENALTY AGAINST TOBACCO BOWL.
A hearing was held on a resolution assessing a $300.00 Civil Penalty against
Zombies, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County
Atty. Andy Chappell present for discussion.
Moved and seconded to adopt RES. 13 -122, ASSESSING A $300.00 CIVIL
PENALTY AGAINST ZOMBIES.
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. 13 -4521, AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC
WAYS AND PROPERTY," CHAPTER 1, ENTITLED "PARADES AND PUBLIC
ASSEMBLIES," TO ALLOW STAFF TO APPROVE AMPLIFIED SOUND IN CITY
PARKS, be voted on for final passage at this time. Moved and seconded that the
ordinance be finally adopted at this time.
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); Historic Preservation Commission for a
Jefferson St. representative to fill three -year terms, March 29, 2013 — March 29, 2016
(New District formed); Housing & Community Development Commission for an
Official Actions
April 9, 2013
Page 7
unexpired term, effective upon appointment, ending September 1, 2015; Planning &
Zoning Commission for a five -year terms, May 1, 2013 — May 1, 2018. Applications
must be received by 5:00 p.m., Wednesday, April 17, 2013. Library, Board of Trustees
for three vacancies for six -year terms, July 1, 2013 — July 1, 2019. Applications must be
received by 5:00 p.m., Wednesday, May 8, 2013. 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 is on file in the office of the City
Clerk.
s /Matthew J. Hayek, Mayor
s /Marian K. Karr, City Clerk �/ ' 104,/
Submitted for p bli ation — 4/17/13.
Subject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356 -5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
APRIL 9, 2013
Iowa City City Council Special meeting, 7:00 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton. Absent: None. Staff members present: Markus, Fruin, Dilkes,
Karr, Bentley, Bockenstedt, Reichart, Davidson.
The Mayor presented Outstanding Student Citizenship Awards to Lucas Elementary
students: Nhan Ha To, Cade Hanrahan, and Kate Goodvin.
The Mayor proclaimed: Barbershop Harmony Week — April 7 -13, David Keeley
accepting; Bill Sackter Day — April 13, Gretchen Gentsch accepting; Days of
Remembrance — April 7 -14, Human Rights Commissioner Katy Anthony accepting;
National Service Recognition Day — April 9, Jean Kuehl, Assistant Director 6th Judicial
District Department of Correctional Services and Susan Wehr, Ex. Dir. Elder Services
accepting; Strive for Success Day — April 20, Caleb Thomas accepting.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Dobyns, seconded by Throgmorton, that the items and recommendations
in the Consent Calendar be received, or approved, and /or adopted as amended and to
delete from the Consent Calendar for separate consideration item 4d(14) the Resolution
approving an agreement for the relocation of utilities necessary for the Rocky Shore
Drive Pump Station Project.
Approval of Council Actions, subject to corrections, as recommended by the City
Clerk: March 19 Council Work Session; March 19 Council Regular Formal Official &
Complete.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Board of
Adjustment — February 13; Historic Preservation Commission — February 14;
Historic Preservation Commission — March 1; Human Rights Commission — January
28; Human Rights Commission — February 19; Planning & Zoning Commission
(informal) — March 4; Planning & Zoning Commission (formal) — March 7.
Permit Motions and Resolutions as recommended by the City Clerk. (Renewal):
Class C Liquor License for Iowa City Eastside Cafe, Inc., dba Bob's Your Uncle
Pizza Cafe, 2208 N. Dodge St.; Outdoor Service Area for Iowa City Eastside Cafe,
Inc., dba Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St.; Class C Liquor License
for Iowa City Lodge No. 590 B.P.O. Elks of U.S. A., dba B.P.O. Elks #590, 637
Foster Rd.; Class C Liquor License for The Bandits, LLC, dba El Banditos, 327 E.
Market St.; Class C Liquor License for Sultana, Inc., dba El Dorado Mexican
Restaurant, 1634 Sycamore St.; Class C Liquor License for Ranger Enterprises,
Inc., dba The Deadwood, 6 S. Dubuque St.; Outdoor Service Area for Ranger
Enterprises, Inc., dba The Deadwood, 6 S. Dubuque St.
Resolutions and Motions: RES. 13 -87, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A
MORTGAGE FOR THE PROPERTY LOCATED AT 316 4T" AVENUE, IOWA CITY,
IOWA; RES. 13 -88, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING AN AGREEMENT
AND A MORTGAGE FOR THE PROPERTIES LOCATED AT 3351 WINTERGREEN
AVENUE AND 1904 HANNAH JO COURT, IOWA CITY, IOWA; RES. 13 -89,
Complete Description
April 9, 2013
Page 2
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIENS REGARDING AN AGREEMENT, A MORTGAGE, AND
TWO AMENDMENTS FOR THE PROPERTIES LOCATED AT 1541, 1562, AND
1664 DICKENSON LANE, IOWA CITY, IOWA; RES. 13 -90, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF
LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT
935 DOVER STREET, IOWA CITY, IOWA; RES. 13 -91, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF
LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT
2420 BITTERSWEET COURT, IOWA CITY, IOWA; RES. 13 -92, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE PARTIAL
RELEASE OF AN ACCESS AND DRAINAGE EASEMENT LOCATED ON LOTS 14
AND 15 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION; RES. 13 -93,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIENS REGARDING A CONTRACT AMENDMENT #1,
CONTRACT AMENDMENT #2, AND A MORTGAGE FOR THE PROPERTY
LOCATED AT 1522 DICKENSON LANE, IOWA CITY, IOWA; RES. 13 -94,
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 2659 GABLE STREET, IOWA CITY, IOWA; RES. 13-
95, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY
LOCATED AT 513 5T" AVENUE, IOWA CITY, IOWA; RES. 13 -96, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
WELLS FARGO HOME MORTGAGE, CORALVILLE, IOWA FOR PROPERTY
LOCATED AT 115 TAFT SPEEDWAY, IOWA CITY, IOWA; RES. 13 -97,
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 2230 HICKORY COURT, IOWA CITY, IOWA; RES. 13-
98, AWARDING CONTRACT to LL Pelling Company for $ 506,060.05 AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR CONSTRUCTION OF THE FY2014 ASPHALT RESURFACING
PROJECT; RES. 13 -99, AWARDING CONTRACT to Iowa Bridge & Culvert, LC for
$ 4,520,160.74 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WEST SIDE
LEVEE PROJECT; RES. 13 -100, ACCEPTING PAYMENT OF $300 CIVIL
PENALTY and WAIVER OF RIGHT OF HEARING FROM IC UGLY'S; RES. 13-
101, ACCEPTING PAYMENT OF $1500 CIVIL PENALTY AND WAIVER OF RIGHT
TO HEARING FROM RED POPPY; RES. 13 -102, ACCEPTING PAYMENT OF
$300 CIVIL PENALTY AND WAIVER OF RIGHT OT HEARING FROM RJ'Z
EXPRESS; RES. 13 -103, ACCEPTING USE OF SECTION 453A.22(2)
AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY DELI MART #2;
RES. 13 -104, ACCEPTING USE OF SECTION 453A.22(2) AFFIRMATIVE
DEFENSE TO TOBACCO CIVIL PENALTY BY DELI MART #3; RES. 13 -105,
ACCEPTING USE OF SECTION 453A.22(2) AFFIRMATIVE DEFENSE TO
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April 9, 2013
Page 3
TOBACCO CIVIL PENALTY BY GASBY'S; RES. 13 -106, ACCEPTING USE OF
SECTION 453A.22(2) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY
BY KUM & GO.
Setting Public Hearings: RES. 13 -107, setting public hearing for April 23, 2013,
on a proposal to convey a single family home located at 426 Church Street; Setting a
public hearing for April 23 on a resolution for a voluntary annexation of
approximately 2 acres of property located near the northeast corner of Scott
Boulevard and American Legion Road (ANN13- 00001); Setting a public hearing for
April 23 on an ordinance conditionally rezoning approximately 2 acres from County
Residential (R) and approximately 2.83 acres from Low - Density Single - Family
Residential (RS -5) to Low - Density Multi - Family Residential (RM -12) located at east of
Scott Boulevard and north of Muscatine Avenue and American Legion Road. (REZ13-
00002 & REZ13- 00003); Setting a public hearing for April 23 on a resolution
approving an amendment to the Comprehensive Plan - South District Plan to change
the land use designation from Multifamily to General Commercial for property
located at the southeast corner of the intersection of Highway 6 and Broadway
Street (Casey's); Setting a public hearing for April 23 on an ordinance conditionally
rezoning property from Commercial Office (CO -1) Zone to Community Commercial
(CC -2) Zone and amending the conditional zoning agreement for approximately
2.31 -acres of property currently zoned CC -2 and CO -1 located at the southeast
corner of the intersection of Broadway Street and Highway 6 (Casey's) (REZ13-
00005); Setting a public hearing for April 23 on an ordinance conditionally rezoning
approximately 7.09 acres to amend the Sensitive Areas Development plan to allow a
reduction in the previously approved wetland buffer on property located adjacent to
2845 Mormon Trek Boulevard (Billion) (REZ12- 00032); Setting a public hearing for
April 23 on an ordinance rezoning approximately 27.8 acres located west of Mormon
Trek Boulevard and north of Hawkeye Park Road from Institutional Public (P -2) to
Institutional Public /Medium- Density Multi - Family (P- 2 /RM -20) (REZ13- 00001); Setting
a public hearing for April 23 on an ordinance amending Title 14: Zoning to define
rooming house cooperatives as a type of fraternal group living use and to specify
that fraternal group living uses are allowed by special exception in the RNS -20 Zone
and to modify the residential density and parking standards for said uses to be
consistent with the density and parking standards for multi - family uses; Setting a
public hearing for April 23 on an ordinance amending Title 14: Zoning Code to
establish parking location standards and entranceway standards that will reduce the
visual impact of structured and surface parking areas along residential streets in
multifamily zones; RES. 13 -108, FIXING DATE of April 23 FOR A MEETING ON
THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $6,500,000
GENERAL OBLIGATION BONDS, SERIES 2013A, (FOR AN ESSENTIAL
CORPORATE PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF; RES. 13 -109, FIXING
DATE of April 23 FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE
OF NOT TO EXCEED $375,000 OF GENERAL OBLIGATION BONDS SERIES
2013A (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF; RES. 13 -110, FIXING DATE of April 23
FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO
EXCEED $625,000 OF GENERAL OBLIGATION BONDS, SERIES 2013A (FOR A
GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF
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April 9, 2013
Page 4
NOTICE THEREOF; RES. 13 -111, FIXING DATE of April 23 FOR A MEETING ON
THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $570,000 OF
GENERAL OBLIGATION BONDS, SERIES 2013A (FOR A GENERAL
CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE
THEREOF.
Correspondence: Ryan Durbin; Marybeth Slonneger; Amanda Owen Van Horne
(x2); Kristin Johnson; Bobbie Paxton, Nancy Adams - Cogan, Michael Briggs, Sonia
Ettinger, Cory Nelson regarding The Chauncey (Moen Building)/Workforce Housing;
Martha Norbeck regarding Bicycles on Burlington Street Bridge [Staff memo
included]; Billy Joe Parker regarding National Prohibitionist January Newsletter; Billy
Joe Parker regarding Communities and Governments Responsible; Billy Joe Parker
regarding Fields of the Wood; Billy Joe Parker regarding Happy Trails in Georgia -
March April; Carol deProsse and Caroline Dieterle (X2) regarding Two At the Fringe
— ICPD Recruitment Video; Melvin Kelly regarding 2013 Summer Youth Projects;
Kayla Cress regarding Trash Can screening — no thanks; Aleksey Gurtovoy
regarding Invitation to a Public Forum on Traffic Surveillance and Drones; Mary
Knudson regarding Iowa City Co- Housing proposal [Staff response included]; Brian
Flanagan regarding Dining Outside; Melvin Kelly regarding West Nile Virus; Carol
deProsse regarding Police Recruitment Video; Tom Novak regarding Normandy
Drive extension into City Park; Ann Christenson regarding Comprehensive Plan
comment; James Walker regarding Petition Filed to Ban Traffic — Cameras; Acting
Traffic Engineering Planner regarding Designation of a Motorcycle / Scooter Parking
Only area in the 10 Block of Lincoln Avenue on the east side of the street.
Council Member Payne abstained due to a conflict of interest on the next item.
Moved by Mims, seconded by Dickens, to adopt RES. 13 -112, APPROVING AN
AGREEMENT TO PURCHASE CRANDIC PARK AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO AGREEMENTS FOR THE RELOCATION OF UTILITIES
NECESSARY FOR THE ROCKY SHORE DRIVE PUMP STATION PROJECT. The
Mayor declared the motion carried unanimously, 6/0/1, Payne abstaining.
Elsie Gauley Vega, 320 E. Washington St., appeared regarding the proposed
Chauncey building at the corner of Gilbert and College Streets. Mary Gravitt, 2714
Wayne Avenue, appeared regarding wording in the Days of Remembrance
proclamation; SEATS; and elimination of "workforce housing" from the City vocabulary.
Rick Holderness appeared regarding a house sale in 1972. Senior Center
Commissioner Jay Honohan updated Council on activities at the Center.
A public hearing was held on an ordinance rezoning 0.78 acres of land located at
1105 Gilbert Court (Crisis Center) from Public (P -1) to Intensive Commercial (CI -1)
(REZ13- 00006). PCD Dir. Davidson presented a power point. The Mayor requested
Council Members report any ex parte communications and none were reported.
Moved by Throgmorton, seconded by Mims, that the ordinance rezoning .78 acres
located at 1105 Gilbert Court from Public (P -1) to Intensive Commercial (CI -1) (REZ13-
00006), be given first vote. Individual Council Members expressed their views.
A public hearing was held on an ordinance conditionally rezoning 2.12 acres of land
located south of Highway 1 west, east of Ruppert Road from Intensive Commercial (Cl-
1) Zone to Community Commercial (CC -2) Zone (REZ13- 00007). The Mayor requested
Council Members report any ex parte communications and none were reported. PCD Dir.
Davidson presented a power point. Mary Gravitt, 2714 Wayne Avenue, appeared.
Individual Council Members expressed their views.
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April 9, 2013
Page 5
Moved by Champion, seconded by Payne, that the ordinance conditionally rezoning
2.12 acres located south of Highway 1 west, east of Ruppert Road from Intensive
Commercial (CI -1) Zone to Community Commercial (CC -2) Zone (REZ13- 00007), 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: Hayek, Mims,
Payne, Champion, Dickens, Dobyns. Nays: Throgmorton.
A public hearing was held on an ordinance vacating air rights and subterranean
rights for portions of public right -of -way located on George Street between Benton
Street and Oakcrest Street (Oaknoll Skywalk) (VAC13- 00002). PCD Dir. Davidson
presented a power point. Individual Council Members expressed their views.
Moved by Dobyns, seconded by Payne, that the ordinance vacating air rights and
subterranean rights for portions of public right -of -way located on George Street between
Benton Street and Oakcrest Street (Oaknoll Skywalk) (VAC13- 00002), be given first
vote. Individual Council Members expressed their views.
A public hearing was held on an ordinance amending Title 4 of the Zoning Code to
modify the process for delineating woodland buffers and counting preserved trees and
woodlands toward any tree replacement or mitigation requirements. PCD Dir. Davidson
present for discussion.
Moved by Champion, seconded by Payne, that the ordinance amending Title 4 of
the Zoning Code to modify the process for delineating woodland buffers and counting
preserved trees and woodlands toward any tree replacement or mitigation
requirements, be given first vote.
A public hearing was held on a resolution amending the Central District Plan Map
designation from Office Commercial to High Density Multi - Family Residential for property
located at 821 E. Jefferson Street; and on an ordinance conditionally rezoning
approximately 0.465 acres of land from Commercial Office (CO -1) Zone to High Density
Multifamily (RM -44) Zone for property located at 821 E. Jefferson Street (REZ12-
00030). PCD Dir. Davidson presented a power point. The Mayor requested Council
Members report any ex parte communications and Council Member Throgmorton and
Mayor Hayek reported. Individual Council Members expressed their views. The following
individuals appeared: Nancy Carlson, 1002 E. Jefferson; Sarah Clark, 509 Brown Street;
and applicant Jeff Clark, 414 E. Market Street.
Moved by Payne, seconded by Dickens, to adopt RES. 13 -113, AMENDING THE
CENTRAL DISTRICT PLAN MAP DESIGNATION FROM OFFICE COMMERCIAL TO
HIGH DENSITY MULTI - FAMILY RESIDENTIAL FOR PROPERTY LOCATED AT 821 E.
JEFFERSON STREET. Individual Council Members expressed their views.
A public hearing was held on an ordinance conditionally rezoning approximately
0.465 acres of land from Commercial Office (CO -1) Zone to High Density Multifamily
(RM -44) Zone for property located at 821 E. Jefferson Street (REZ12- 00030). The
Mayor noted that ex parte communications and comments received at the previous
item's public hearing would be considered as part of this hearing as well.
Moved by Dobyns, seconded by Dickens, that the ordinance conditionally rezoning
approximately 0.465 acres of land from Commercial Office (CO -1) Zone to High Density
Multifamily (RM -44) Zone for property located at 821 E. Jefferson Street (REZ12-
00030), be given first vote.
Moved by Mims, seconded by Payne, that the ordinance amending Subsection 14-
4B-4A, Paragraph 7, of the Zoning Code to allow multi - family dwelling units to be
located on or below the street level floor of a building by special exception in the CB -5
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April 9, 2013
Page 6
Zone for buildings designated as an Iowa City Historic Landmark, be given second
vote.
Moved by Payne, seconded by Dickens, that the ordinance rezoning approximately
.09 acres located at 529 S. Gilbert Street as an Iowa City Historic Landmark (REZ13-
00008), be given second vote.
Moved by Payne, seconded by Mims, that ORD. 13 -4519, AMENDING SECTION
14 -4E -8 OF THE ZONING CODE TO MODIFY HOW NONCONFORMING
DEVELOPMENT IS REGULATED, be passed and adopted.
Moved by Champion, seconded by Mims, that ORD. 13 -4520, AMENDING
SECTION 14 -413-12 AND TABLE 2C -1 OF THE ZONING CODE TO INCLUDE NEW
STANDARDS FOR QUICK VEHICLE SERVICING USES IF LOCATED IN THE
TOWNCREST DESIGN REVIEW DISTRICT OR THE RIVERFRONT CROSSINGS
DISTRICT, be passed and adopted.
Moved by Mims, seconded by Payne, to adopt RES. 13 -114, RESOLUTION
APPROVING THE FINAL PLAT OF MACKINAW VILLAGE PART FIVE, IOWA CITY,
IOWA.
A hearing was held on a resolution assessing a $300.00 Civil Penalty against Alsafa
Market, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty.
Andy Chappell present for discussion. Owner Nasrel Ahmed - Ibrahim appeared.
Individual Council Members expressed their views.
Moved by Dobyns, seconded by Payne, to adopt RES. 13 -115, ASSESSING A
$300.00 CIVIL PENALTY AGAINST ALSAFA MARKET, and amend the resolution to
provide a three month payment of the civil penalty.
A hearing was held on a resolution assessing a $300.00 Civil Penalty against the
Spirit Tobacco and more d /b /a Hookah Cove, pursuant to Iowa Code Section
453A.22(2) (2013.) Asst. Johnson County Atty. Andy Chappell present for discussion.
Moved by Payne, seconded by Mims, to adopt RES. 13 -116, ASSESSING A
$300.00 CIVIL PENALTY AGAINST HOOKAH COVE.
Moved by Champion, seconded by Throgmorton, to adopt RES. 13 -117,
ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO
HEARING FROM THE IN ZONE.
A hearing was held on a resolution assessing a $300.00 Civil Penalty against Kum &
Go #52, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty.
Andy Chappell present for discussion.
Moved by Payne, seconded by Dickens, to adopt RES. 13 -118, ASSESSING A
$300.00 CIVIL PENALTY AGAINST KUM & GO #52.
A hearing was held on a resolution assessing a $300.00 Civil Penalty against
Southside Liquor and Tobacco, pursuant to Iowa Code Section 453A.22(2) (2013). Asst.
Johnson County Atty. Andy Chappell present for discussion.
Moved by Payne, seconded by Dickens, to adopt RES. 13 -119, ASSESSING A
$300.00 CIVIL PENALTY AGAINST SOUTHSIDE LIQUOR AND TOBACCO.
A hearing was held on a resolution assessing a $300.00 Civil Penalty against The
Convenience Store, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson
County Atty. Andy Chappell present for discussion.
Moved by Payne, seconded by Dickens, to adopt RES. 13 -120, ASSESSING A
$300.00 CIVIL PENALTY AGAINST THE CONVENIENCE STORE.
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April 9, 2013
Page 7
A hearing was held on a resolution assessing a $300.00 Civil Penalty against
Tobacco Bowl, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson
County Atty. Andy Chappell present for discussion.
Moved by Payne, seconded by Dickens, to adopt RES. 13 -121, ASSESSING A
$300.00 CIVIL PENALTY AGAINST TOBACCO BOWL.
A hearing was held on a resolution assessing a $300.00 Civil Penalty against
Zombies, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County
Atty. Andy Chappell present for discussion.
Moved by Payne, seconded by Dickens, to adopt RES. 13 -122, ASSESSING A
$300.00 CIVIL PENALTY AGAINST ZOMBIES.
Moved by Mims, seconded by Payne, that the rule requiring ordinances to be
considered and voted on for final passage at two Council meetings prior to the meeting
at which it is to be finally passed be suspended, the second consideration and vote be
waived, and that ORD. 13 -4521, AMENDING TITLE 10 OF THE CITY CODE,
ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 1, ENTITLED "PARADES
AND PUBLIC ASSEMBLIES," TO ALLOW STAFF TO APPROVE AMPLIFIED SOUND
IN CITY PARKS, be voted on for final passage at this time. Moved by Mims, seconded
by Dickens, that the ordinance be finally adopted at this time.
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); Historic Preservation Commission for a
Jefferson St. representative to fill three -year terms, March 29, 2013 — March 29, 2016
(New District formed); Housing & Community Development Commission for an
unexpired term, effective upon appointment, ending September 1, 2015; Planning &
Zoning Commission for a five -year terms, May 1, 2013 — May 1, 2018. Applications
must be received by 5:00 p.m., Wednesday, April 17, 2013. Library, Board of Trustees
for three vacancies for six -year terms, July 1, 2013 — July 1, 2019. Applications must be
received by 5:00 p.m., Wednesday, May 8, 2013. 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 Payne stated that April was "National Dig Safely Month" and
reminded everyone to call 811 before excavating or digging.
Council Member Throgmorton invited citizens to attend a presentation by Julio Perez
Hernandez "Havana the Magic Of Architecture and the Poetry of Design" scheduled on
April 10; and stated he grew up in Louisville, Kentucky, and acknowledge the University
of Louisville Cardinals on their NCAA Basketball Tournament win.
Mayor Hayek reported on another successful year for the Mission Creek Festival.
Moved by Payne, seconded by Mims, to adjourn meeting 9:40 p.m.
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk