HomeMy WebLinkAbout2013-08-06 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
AUGUST 6, 2013
Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton. Absent: None. Staff members present: Markus, Fruin, Dilkes,
Karr, Davidson, Bentley, Bockenstedt, Fosse, Tharp.
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 and to
delete from the Consent Calendar Item 2e(6) a resolution setting a public hearing on
plans and specifications for the construction of the Normandy Drive Restoration Project
Phase II:
Approval of Council Actions, subject to corrections, as recommended by the City
Clerk: July 23 Council Work Session; July 23 Council Special Formal Official &
Complete (x2); July 31 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 — June 20; Board of Library Trustees — June 27; Parks and Recreation
Commission — May 8; Planning and Zoning Commission — June 20; Senior Center
Commission — May 16; Telecommunications Commission — June 24.
Permit Motions and Resolutions as Recommended by the City Clerk: (Renewal)
Class C Liquor License for Orchard Green, Inc., dba Orchard Green Restaurant, 521
S. Gilbert St.; Class C Liquor License for Chackalackal, Inc., dba One Twenty Six,
126 E. Washington St.; Class C Liquor License for ARAMARK Corporation dba
ARAMARK @ACT, 500 ACT Dr.; Class C Liquor License for Eckhardt
Management, dba 2 Dogs Pub, 1705 S. First Ave.; Class C Beer Permit for L& M
Mighty Shop, Inc., dba L & M Mighty Shop, 504 E. Burlington St.
RES. 13 -13 -247, TO ISSUE CIGARETTE PERMIT to Earthly Escape, LLC dba
Earthly Escape, 114Y2 E. College St. #5; Outdoor Service Area for the Bandits, LLC,
dba El Banditos, 327 E. Market St.
Resolutions and Motions: RES. 13 -248, ACCEPTING THE WORK FOR THE
CDBG DEMOLITIONS PROJECT - CONTRACT #7; RES. 13 -249, ACCEPTING
THE WORK FOR THE COURT HILL TRAIL - PHASE THREE NRT- 3715(649) - -9G-
52 PROJECT; RES. 13 -250, AUTHORIZING APPLICATIONS FOR TRAFFIC
SAFETY IMPROVEMENT PROGRAM (TSIP) FUNDS BY THE CITY OF IOWA
CITY; Approving disbursements in the amount of $30,035,961.95 for the period of
June 1 through June 30, 2013, as recommended by the Finance Director subject to
audit; RES. 13 -251, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A CONSULTANT AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND HDR ENGINEERING FOR A MASTER PLAN STUDY OF THE
100 BLOCK OF EAST WASHINGTON STREET.
Setting Public Hearings: RES. 13 -252, SETTING PUBLIC HEARING FOR
AUGUST 20, 2013, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME
LOCATED AT 416 SOUTH GOVERNOR STREET; RES. 13 -253, SETTING PUBLIC
HEARING FOR AUGUST 20, 2013, ON A PROPOSAL TO CONVEY A SINGLE
FAMILY HOME LOCATED AT 661 SOUTH GOVERNOR STREET; Setting a public
Complete Description
August 6, 2013
Page 2
hearing for August 20, on an ordinance conditionally rezoning property from Low
Density Multi - Family (RM -12) Zone to Planned Development Overlay /Low Density
Multi - Family (OPD /RM -12) Zone located on First Avenue, north of Rochester
Avenue (REZ13- 00004); Setting a public hearing for August 20, on an ordinance
amending Title 14: zoning to broaden the uses allowed in the Intensive Commercial
(CI -1) Zone; setting a public hearing for August 20, on an ordinance amending Title
14: Zoning to delete the specific street width requirement for daycare uses, general
educational facilities, and religious /private group assembly uses; RES. 13 -254,
INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF AUDITOR'S
PARCEL 2013030 TO BFDJ HOLDINGS, L.L.C. AND SETTING A PUBLIC
HEARING ON SAID PROPOSAL FOR AUGUST 20, 2013.
Correspondence: Mary Gilbert regarding Protest of Rezoning, N. First Avenue
(REZ 13- 00004); Marjorie Wilhite; Joy Eyman regarding The Gateway Project; Acting
Traffic Engineering Planner regarding Install (2) YIELD signs on Pinto Lane at the
intersection of Whispering Meadow Drive and install (2) YIELD signs on Blazing Star
Drive at the intersection of Pinto Lane; Acting Traffic Engineering Planner regarding
Install (2) YIELD signs on Westminster Street at the intersection of Teton Circle;
Acting Traffic Engineering Planner regarding Install (1) STOP sign on Preston Lane
at the intersection of Camp Cardinal Boulevard and (1) YIELD sign on Preston Lane
at the intersection of Ryan Court; Nancy Ostrogani regarding SEATS; Christopher
Gilstrap regarding Move to Iowa City District A [Staff response included].
Anthony Browne presented Council with his appellate brief regarding use by mobile
vendors, and acknowledged City Clerk staff for their assistance. Moved by
Throgmorton, seconded by Champion, to accept the brief. Mary Gravitt, 2714
Wayne Ave. #6, appeared regarding quality of life issues including: use of public
sidewalk for private commercial uses; pedestrian safety on Washington Street from
Clinton to Madison; and requested a uniformed police officer and dog stationed
downtown near the Mall. Kira Stoller, 713 N. Lucas St., representing Iowa City Our
Power, presented information on the Iowa City Summer of Solutions Program.
Brandon Ross, 1822 Rochester Ave., requested Council consider more discussion
regarding environmental concerns and affordable housing.
A public hearing was held on an ordinance conditionally rezoning 7.13 acres of
property located at 2845 Mormon Trek Blvd in the Intensive Commercial (CI -1) Zone.
(REZ13- 00018) (Billion Auto). The Mayor asked Council Members to report any ex parte
communications and none were reported. PCD Dir. Davidson presented a power point.
Nate Herbst, H &R Construction, appeared. Individual Council Members expressed their
views, and requested the Environmental expert Maas be present for discussion prior to
adoption.
Moved by Dobyns, seconded by Dickens, that the ordinance conditionally rezoning
7.13 acres of property located at 2845 Mormon Trek Blvd in the Intensive Commercial
(CIA) Zone. (REZ13- 00018) (Billion Auto), be given first vote.
A public hearing was held on an ordinance conditionally rezoning 1.12 acres of
property from Community Commercial (CC -2) Zone to Mixed Use (MU) Zone located on
Eastbury Drive north of Middlebury Road (REZ13- 00016) (Olde Towne Village). The
Mayor asked Council Members to report any ex parte communications and none were
reported. PCD Dir. Davidson presented a power point. Pat Barten, developer and
contractor representative, appeared. Council Members expressed their views.
Complete Description
August 6, 2013
Page 3
Moved by Dobyns, seconded by Payne, that the ordinance conditionally rezoning
approximately 1.12 acres of property, located south of Rochester Avenue on the east
side of Eastbury Drive, from Community Commercial (CC -2) Zone to Mixed Use (MU)
(REZ13- 00016) (Olde Towne Village), be given first vote. The Mayor declared the
motion carried, 6/1, with the following division of roll call vote. Ayes: Dobyns, Hayek,
Mims, Payne, Champion, Dickens. Nays: Throgmorton.
A public hearing was held on an ordinance amending Title 14: Zoning Code to allow
the Board of Adjustment to grant a Special Exception for a non - conforming use or other
unpermitted use that has been in existence for over 25 years to be rebuilt under certain
conditions, even if it is destroyed or damaged to more than 75% of its assessed value.
PCD Dir. Davidson present for discussion. Mike Hartley, 1126 Sheridan Ave., appeared.
Moved by Dobyns, seconded by Mims, that the ordinance amending Title 14: Zoning
Code to allow the Board of Adjustment to grant a Special Exception for a non-
conforming use or other unpermitted use that has been in existence for over 25 years to
be rebuilt under certain conditions, even if it is destroyed or damaged to more than 75%
of its assessed value, be given first vote.
Moved by Mims, seconded by Champion, that the rule requiring ordinances to be
considered and voted on for final passage at two Council meetings prior to the meeting
at which it is to be finally passed be suspended, the second consideration and vote be
waived, and that ORD.13 -4540, CONDITIONALLY REZONING 2.3 ACRES OF LAND
LOCATED SOUTHEAST OF THE INTERSECTION OF HIGHWAY 1 AND SUNSET
STREET IN THE INTENSIVE COMMERCIAL (CI -1) ZONE (REZ13- 00014), be voted on
for final passage at this time. The Mayor asked Council Members to report any ex parte
communications and none were reported. Moved by Mims, seconded by Dickens, that
the ordinance be finally adopted at this time. Moved by Mims, seconded by Payne, to
accept correspondence from David Larsen.
Moved by Payne, seconded by Dickens, that the ordinance amending Title 14:
Zoning Code to allow schools of generalized instruction by special exception in the
Community Commercial (CC -2) Zone, be given second vote.
Moved by Payne, seconded by Dickens, that the ordinance amending Title 14:
Zoning Code to modify the regulations regarding the spacing of drinking establishments
so that the 500 -foot spacing rule would only apply to the University Impact Area and the
Riverfront Crossings District, be given second vote. The Mayor declared the motion
carried, 6/1, with the following division of roll call vote. Ayes: Champion, Dickens,
Dobyns, Hayek, Payne, Throgmorton. Nays: Mims.
Moved by Mims, seconded by Payne, to adopt RES. 13 -255, EXTENDING THE
TERM FOR A PRELIMINARY PLAT OF STONE BRIDGE ESTATES, PART 10, IOWA
CITY, IOWA. PCD Dir. Davidson presented a power point. Moved by Champion,
seconded by Dobyns, to accept correspondence from Duane Musser.
A public hearing was held on a resolution amending the subdivider's agreement for
Wild Prairie Estates, Part Five, authorizing the conveying of Auditor's Parcel 2013038,
and accepting the dedication of a portion of Outlot B, in said subdivision as public open
space. No one appeared.
Moved by Payne, seconded by Dickens, to adopt RES. 13 -256, AMENDING THE
SUBDIVIDER'S AGREEMENT FOR WILD PRAIRIE ESTATES, PART FIVE,
AUTHORIZING THE CONVEYING OF AUDITOR'S PARCEL 2013038, AND
ACCEPTING THE DEDICATION OF A PORTION OF OUTLOT B, IN SAID
SUBDIVISION AS PUBLIC OPEN SPACE.
Complete Description
August 6, 2013
Page 4
A public hearing was held on a resolution approving a purchase agreement between
the City of Iowa City and Gary J. Harapat for Lot 9 of the North Airport Development
Subdivision and authorizing conveyance in accordance therewith. No one appeared.
Moved by Mims, seconded by Payne, to adopt RES. 13 -257, APPROVING A
PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND GARY J.
HARAPAT FOR LOT 9 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION
AND AUTHORIZING CONVEYANCE IN ACCORDANCE THEREWITH.
A public hearing was held on an ordinance amending Title 3, entitled "Finances,
Taxation & Fees," Chapter 4 entitled "Schedule of Fees, Rates, Charges, Bonds, Fines
and Penalties," Section 5 entitled "Solid Waste Disposal," of the City Code to increase
or change residential solid waste collection fees. Finance Dir. Bockenstedt present for
discussion.
Moved by Mims, seconded by Dobyns, that the ordinance amending Title 3, entitled
"Finances, Taxation & Fees," Chapter 4 entitled "Schedule of Fees, Rates, Charges,
Bonds, Fines and Penalties," Section 5 entitled "Solid Waste Disposal," of the City Code
to increase or change residential solid waste collection fees, be given first vote.
Moved by Payne, seconded by Mims, that the ordinance amending Title 4, Alcoholic
Beverages, Chapter 5, Prohibitions and Restrictions, Section 8, Persons under the
Legal Age in licensed or permitted establishments, Subsection B, to modify the
calculation of ticket sales for exception certificate purposes, be given second vote.
Moved by Mims, seconded by Payne, to adopt RES. 13 -258, AUTHORIZING AND
DIRECTING THE JOHNSON COUNTY AUDITOR TO PLACE THE QUESTION OF
WHETHER TO REPEAL ORDINANCE NO. 10 -4388, WHICH AMENDED THE BAR
ENTRY AGE FROM NINETEEN (19) YEARS OF AGE TO THE "LEGAL AGE ", WHICH
IS CURRENTLY TWENTY -ONE (21) YEARS OF AGE, BEFORE THE QUALIFIED
ELECTORS OF THE CITY OF IOWA CITY, IOWA AT THE REGULAR CITY ELECTION
ON NOVEMBER 5, 2013. Individual Council Members expressed their views.
Moved by Throgmorton, seconded by Dobyns, to adopt a resolution in support of the
current bar -entry age of twenty -one (21) after 10:00 p.m. and against the referendum
seeking its repeal. Individual Council Members expressed their views, and noted
possible confusion in the language of the resolution title. Moved by Throgmorton,
seconded by Dobyns, to amend the title by deleting the words "the referendum seeking"
and to adopt RES. 13 -259, IN SUPPORT OF THE CURRENT BAR -ENTRY AGE OF
TWENTY -ONE (21) AFTER 10:00 P.M. AND AGAINST ITS REPEAL.
Moved by Champion, seconded by Mims, to adopt RES. 13 -260 APPROVING A
CONFIDENTIALITY AGREEMENT FOR A SETTLEMENT CONFERENCE REGARDING
IMMINENT LITIGATION, regarding the Iowa City Landfill fire.
Moved by Mims, seconded by Payne, to appoint Constance Goeb, 145 Oakridge
Avenue, to the Board of Adjustment for an unexpired term, effective upon appointment,
ending January 1, 2015. Applicants MUST reside in Iowa City and be 18 years of age
unless specific qualifications are stated. [Staff will not publish additional notices after a
period of six publications; but will continue to advertise vacancies with postings and on
the Council agenda. However, no additional publication costs will be incurred.]
The Mayor noted 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; Historic Preservation Commission for a Jefferson St.
representative to fill three -year terms, March 29, 2013 — March 29, 2016 (New District
Complete Description
August 6, 2013
Page 5
formed); Police Citizens Review Board for a four -year term September 1, 2013 —
September 1, 2017. Applications must be received by 5:00 p.m., Wednesday, August
14, 2013; Public Art Advisory Committee for two vacancies to fill an unexpired term,
effective upon appointment, ending January 1, 2015 and an unexpired term term plus a
three -year term, effective upon appointment, ending January 1, 2017. Applications
must be received by 5:00 p.m., Wednesday, August 28, 2013.
The Mayor noted the current vacancy for Historic Preservation Commission for a
Northside District representative, for an unexpired term, effective upon appointment,
ending March 29, 2014. Applications must be received by 5:00 p.m., Wednesday,
September 11, 2013. Moved by Mims, seconded by Payne, to accept correspondence
from Dana Thomann.
Council Member Dickens thanked Andre Perry and the Englert Theater for the great
shows and talent presented over the last month.
Mayor Hayek noted the public meeting scheduled in Harvat Hall, 10:00 -11:00 a.m.,
August 7called by the United States Postal Service regarding their relocation to a
smaller space nearby.
Moved by Mims, seconded by Payne, to adjourn meeting at 8:32 p.m.
Matthew J. Haye c, Mayor
Marian K. Karr, City Clerk
� r
Date: July 31, 2013
CITY OF IOWA CITY
MEMORANDUM
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, July 23, 2013, 5:00 PM in Emma J. Harvat Hall
Council: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton
UISG: Bramel
Staff: Markus, Fruin, Bentley, Dulek, Karr, Fosse, Gannon, Havel, Yapp, Boothroy,
Davidson, Howard, Hightshoe, Hardy
A transcription and power points are available in the City Clerk's Office and the City website.
CONSULT WITH PLANNING & ZONING COMMISSION (agenda item # 4e)
P & Z Members Thomas, Theobald, Eastham, Martin, Swygard, Freerks, and Dyer present.
Planner Howard presented background and a power point regarding the ordinance concerning
spacing between drinking establishments. Individual Commission Members and Council
Members expressed their views.
COUNCIL APPOINTMENTS (Agenda # 9)
Airport Zoning Commission — Christine Douglas
Parks & Rec. — Suzanne Bentler
HCDC — Peter Mathis
David Hacker
Dorothy Persson
Human Rights —Andrea Cohen
PCRB — Joe Treloar
Meeting recessed to special formal 5:30 PM; returned to work session 6:00 PM
QUESTIONS FROM COUNCIL REGARDING AGENDA ITEMS
1. (Consent Calendar #2d(7) Agreement with Public Access Television) In response to Council
Member Throgmorton, Council Members agreed to remove the item form the consent
calendar for separate consideration and ask Cable Adm. Hardy to provide more information
at the formal meeting.
2. (Consent Calendar items # 2d(16) Sidewalks along Barber's Place) In response to Council
Member Payne, PCD Dir. Davidson presented a power point and explained the
configuration of the area.
3. (Consent Calendar #2f(14) Correspondence ... Joe Younker and Parks and Recreation
Commission: Chauncey Park) Mayor Hayek and Council requested staff respond to the
Commission. City Manager Markus stated a staff team was working on the project, that did
impact the Park, and would prepare a response.
08-06-13
2a(1)
Council Work Session
July 23, 2013
Page 2
4. (Consent Calendar #2f(5) Correspondence ... Larry Baker: SCOTUS land -use decision ... )
Inn response to Council Member Throgmorton, Asst. City Atty. Dulek indicated a memo was
coming from the City Attorney's office regarding land use decisions made by the Supreme
Court.
5. (Consent Calendar #2e(1) — solid waste collection fees ... setting a public hearing ... ) In
response to Council Member Payne, Public Works Dir. Fosse indicated more information
would be available at the time of the hearing.
6. (Agenda items #4a — Hieronymus / Kum and Go Comprehensive Plan ... and # 4b —
Hieronymus / Kum & Go rezoning ... ) In response to Mayor Hayek, City Clerk Karr indicated
that the applicant has requested both items be continued and deferred to August 20.
7. (Agenda items #4g — Hickory Pointe, 2nd Addition...) Mayor Hayek stated someone in his
office was involvement in this project and he would be recusing himself from the vote.
Mayor Pro tem Mims will be taking over the meeting for that item.
8. (Consent Calendar #2b(8) Housing and Community Development Commission minutes of
May 7) In response to Council Member Payne, Community Development Planner Hightshoe
responded to questions regarding the decision not to grant the Free Medical Clinic their
request for increased funding.
9. (Consent Calendar #2f(12) —Correspondence ...Atty. James Houghton, rep. C & C
Investments ... South Gilbert Street flooding) In response to Council Member Payne, Public
Works Dir. Fosse stated staff will prepare a response.
10. (Consent Calendar #2b(10) —Human Rights Commission minutes of May 21) In response
to Council Member Payne, Asst. City Atty. Dulek explained that the recommendation
contained in the minutes was discussed in two parts and the Council would be receiving a
recommendation from the second meeting shortly.
FY15 AID TO AGENCIES ALLOCATION PROCESS FIP # 31
Community Development Planner Hightshoe presented information.
ACTION: Proceed as directed. (Hightshoe)
DISCUSS PETITION RELATED TO BAR ENTRY AGE [IP # 41
Council stated they were not interested in repealing the current ordinance related to bar entry
and directed staff to prepare a resolution placing the question on the November 5, ballot.
ACTION: Resolution on August 6 formal agenda (Dulek/Dilkes)
REVIEW OF SUCCESSION PLAN [IP # 51
Adm. Asst. to the City Manager Bentley presented a power point.
ACTION: Proceed as directed. (Hightshoe)
Council Work Session
July 23, 2013
Page 3
INFORMATION PACKET DISCUSSION [June 20, 27, JuIV 3, 11, 181
June 20
1. (IP #3 — Article from City Manager — Badges for Baseball program ...) Council Member
Throgmorton praised the Police Department for the initiative.
June 27
None
July 3
None
July 11
1. (IP #3 — Memo from Recycling Coordinator and Recycling Projects Asst.... Multi — family
recycling pilot update) Mayor Pro tem Mims stated she hoped the program would
continue to grow. City Manager Markus reported interest in implementing a recycling
program from a development in the downtown area.
July 18
1. (IP 6 — KICK Radio Show) Majority agreed to the following schedule:
July 31 — Mims
August 7 — Champion
August 21 - Throgmorton
COUNCIL TIME AND MEETING SCHEDULE [IP # 61
1. UISG Rep. Bramel clarified that the Student Government is staying neutral on the bar
entry ( "21 ") ballot question at the present time. A Senate vote may be taken at a later
time.
2. Council Member Throgmorton reported that he, Mayor Pro tern Mims, and Adm. Asst.
Bentley attended the Coalition for Racial Justice press conference held earlier in the
day.
3. Council Member Throgmorton requested staff review the outside seating on the Linn
Street side of Formosa, noting it seemed narrow for people using the sidewalk. Staff will
follow up.
4. Mayor Hayek reported a request from Council Member Throgmorton to add to the joint
meeting agenda of July 29 the participation by local municipalities in addressing
subsidized housing; and his request to discuss with Council first and then adding the
item to a future joint meeting agenda. Council Member Throgmorton clarified that it did
not wish to limit the discussion to subsidized housing but include low to moderate
income housing. Council agreed to add the item to the pending list.
PENDING WORK SESSION TOPICS [IP # 71
None
UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS
1. (IP # 8 of July 18 Info Packet) Mayor Pro tern Mims noted the (ICAD) Iowa City Area
Development Banquet on August 29th, and encouraged Council Members to let Marian
know if they are interested in attending.
Meeting adjourned 6:45 PM.
M`MTrm�
2a(2)
OWENNOMOM
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office 356 -5040.
The cost of publishing the following proceedings and claims is $
Cumulative cost for this calendar year for said publication is $_
OFFICIAL COUNCIL ACTIONS — 7/23/13
Iowa City City Council Special meeting, 5:30 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton. Absent: None.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved and seconded to adjourn to executive session to discuss the purchase of
particular real estate only where premature disclosure could be reasonably expected to
increase the price the governmental body would have to pay for that property. The
minutes and the tape recording of a session closed under this paragraph (real estate)
shall be available for public examination when the transaction discussed is completed;
and to discuss strategy with counsel in matters where litigation is imminent where its
disclosure would be likely to prejudice or disadvantage the position of the governmental
body in that litigation. The Mayor declared the motion carried.
Moved and seconded to adjourn special meeting 5:59 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 /Mariar�K. Karr, City Clerk
Submitted for publication — 7/25/13.
Subject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356 -5040.
The cost of publishing the following proceedings and claims is $
Cumulative cost for this calendar year for said publication is $_
OFFICIAL COUNCIL ACTIONS — 7/23/13
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, Thorgmorton. Absent: None.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved and seconded that the items and recommendations in the Consent Calendar
be received, or approved, and /or adopted as amended and to delete for separate item
2d(17), Agreement with Public Access Television:
Approval of Council Actions, subject to corrections, as recommended by the City
Clerk: June 18 Council Work Session; June 18 Council Special Formal Official &
Complete; July 16 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 — May 16; Board of Adjustment — May 8; Board of Adjustment — June
12; Board of Library Trustees — May 23; Historic Preservation Commission — April
11; Historic Preservation Commission — May 9; Historic Preservation Commission —
June 13; Housing and Community Development Commission — May 7, Human
Rights Commission — May 21; Planning and Zoning Commission — June 6; Police
Citizens Review Board — May 29, Police Citizens Review Board — June 24,
Telecommunications Commission — June 3.
Permit Motions and Resolutions as Recommended by the City Clerk. (NEW)
Special Class C Liquor License for Nodo Downtown 5 S. Dubuque St.; Five -Day
Class B Beer Permit for Iowa City Fall Fun Festival, Inc., 2140 Rochester Ave.(Tent
A & Tent B); Special Class C Liquor License for Sushi Popo, 725 Mormon Trek Blvd.
(Renewal): Class C Liquor License for Mill Restaurant, 120 E. Burlington St.;
Outdoor Service Area for Mill Restaurant, 120 E. Burlington St.; Class C Liquor
License for American Legion Roy L Chopek Post 17,3016 Muscatine Ave.; Class E
Liquor License for The Liquor House, 425 S. Gilbert St.; Class C Liquor License for
El Cactus Authentic Mexican Cuisine, 1921 Keokuk St.; Class C Liquor License for
Fraternal Order of Eagles, Iowa City Aerie #695, 225 Hwy 1 W.; Class E Liquor
License for Hartig Drug Store, # 10, 701 Mormon Trek Blvd.; Class C Liquor License
for Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd.; Outdoor Service Area for
Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd.; Class C Liquor License for IC
Uglys, 210 N. Linn St.; Class C Liquor License for T.C.B., 114 E. College St.; Class
C Beer Permit for Deli Mart #1, 525 Hwy 1 West; Class C Beer Permit for Deli Mart
#2, 1920 Lower Muscatine Rd.; Class C Beer Permit for Deli Mart #3, 2410 Mormon
Trek Blvd.; Class C Beer Permit for Deli Mart #5, 206 E. Benton St.; Class C Liquor
License for Szechuan House, 320 E. Burlington St.; Class C Liquor License for
Okoboji Grill Restaurant, 1857 Lower Muscatine Rd.; Outdoor Service Area for
Okoboji Grill Restaurant, 1857 Lower Muscatine Rd.; Class E Liquor License for Hy-
Vee Drugstore, 310 N. First Ave. Class C Liquor License for Martini's, 127 E.
College St.; Outdoor Service Area for Martini's, 127 E. College St.
RES. 13 -218, TO ISSUE DANCE PERMITS to Iowa City Fall Fun Festival, 2140
Rochester Ave; Fraternal Order of Eagles #695, 225 Hwy1West; Mill Restaurant,
Official Actions
July 23, 2013
Page 2
120 E. Burlington St.; RES. 13 -219, TO ISSUE CIGARETTE PERMIT Hala Hala
Hookah, 327 S. Gilbert St.
Resolutions and Motions: RES. 13 -220, ACCEPTING THE DEDICATION OF A
20' WIDE SANITARY SEWER EASEMENT OVER A PORTION OF AUDITOR'S
PARCEL 2009032, ALONG SOUTH GILBERT STREET IN IOWA CITY, JOHNSON
COUNTY, IOWA; RES. 13 -221, AUTHORIZING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST TO SUBORDINATION AGREEMENTS AND
MORTGAGE RELEASES; RES. 13 -222, APPROVING A PURCHASE
AGREEMENT FOR 1821 B STREET, IOWA CITY, IOWA; RES. 13 -223,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY
LOCATED AT 2530 ASTER AVENUE, IOWA CITY, IOWA; RES. 13 -224,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY
LOCATED AT 715 NORTH VAN BUREN STREET, IOWA CITY, IOWA; RES. 13-
225, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
TO A SUBORDINATION AGREEMENT BETWEEN HILLS BANK AND TRUST
COMPANY, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 1917
CALIFORNIA AVENUE, IOWA CITY, IOWA; RES. 13 -226, AWARDING
CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE PHASE 2 OF THE
FIRST AVENUE STORM SEWER IMPROVEMENTS PROJECT; RES. 13 -227,
AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2013
WILLIAM STREET STREETSCAPE PROJECT; RES. 13 -228, AWARDING
CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE OLD HIGHWAY 218
AND MORMON TREK BOULEVARD / MCCOLLISTER BOULEVARD TRAFFIC
SIGNALIZATION PROJECT; RES. 13 -229, ACCEPTING THE WORK FOR THE
SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, CERTAIN
SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS FOR ROCHESTER RIDGE -
PART THREE, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR
PUBLIC USE; RES. 13 -230, ACCEPTING THE WORK FOR THE SANITARY
SEWER, STORM SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC
IMPROVEMENTS FOR SADDLEBROOK MEADOWS, PART 1, AND DECLARING
THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC USE; RES. 13 -231,
ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE
LINE, WATER MAIN, CERTAIN SIDEWALK, AND PAVING PUBLIC
IMPROVEMENTS FOR SADDLEBROOK MEADOWS, PART 2, AND DECLARING
THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC USE; RES. 13 -232,
ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER,
WATER MAIN, CERTAIN SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS
FOR CARDINAL POINTE SOUTH - PART THREE, AND DECLARING THE PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC USE; RES. 13 -233, ACCEPTING THE
WORK FOR THE STORM SEWER, WATER MAIN, AND PAVING PUBLIC
IMPROVEMENTS INSTALLED WITH WASHINGTON PLAZA, AND DECLARING
THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC USE; RES. 13 -234,
Official Actions
July 23,_ 2013
Page 3
REPEALING RESOLUTION NO. 10 -463 AND APPROVING A REVISED
PROFESSIONAL LIGHT AND SOUND SPECIFICATION SHEET FOR
ENTERTAINMENT VENUES; RES. 13 -235, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE RELEASE OF THE OBLIGATION TO
INSTALL SIDEWALKS ALONG BARBER'S PLACE, PENINSULA
NEIGHBORHOOD, PHASE 2A, IOWA CITY, IOWA; RES. 13 -236, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PUBLIC UTILITY
EASEMENT AGREEMENT AND STORMWATER DETENTION BASIN EASEMENT
AGREEMENT FOR THE DEERY BROTHERS SITE DEVELOPMENT IN IOWA CITY,
IOWA; RES. 13 -237, APPROVING UNCLASSIFIED SALARY COMPENSATION
FOR FISCAL YEAR 2014 FOR THE CITY MANAGER, CITY ATTORNEY AND CITY
CLERK AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK
TO EXECUTE AN AMENDMENT TO THE CONTRACT OF THE CITY MANAGER
TO PROVIDE FOR FOUR (4) ADDITIONAL DAYS OF PERSONAL TIME EACH
YEAR; RES. 13 -238, APPROVING MUTUAL RELEASE AND SETTLEMENT
AGREEMENT BETWEEN THE CITY OF IOWA CITY, JUDDS BROTHERS
CONSTRUCTION CO. AND VAN WINKLE -JACOB ENGINEERING, INC.
REGARDING THE CONTRACT FOR THE DESIGN OF THE IOWA AVENUE
INVERTED SIPHON SEWER PROJECT 2009 PROJECT.
Setting Public Hearings: RES. 13 -239, SETTING A PUBLIC HEARING FOR
AUGUST 6, 2013, ON AN ORDINANCE AMENDING TITLE 3 ENTITLED
"FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES,
RATES, CHARGES, BONDS, FINES AND PENALTIES," SECTION 5 ENTITLED
"SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE
RESIDENTIAL SOLID WASTE COLLECTION FEES; Setting a public hearing for
August 6 on an ordinance conditionally rezoning 7.13 acres of property located at
2845 Mormon Trek Blvd. in the Intensive Commercial (CI -1) Zone. (REZ13- 00018);
Setting a public hearing for August 6 on an ordinance conditionally rezoning 1.12
acres of property from Community Commercial (CC -2) Zone to Mixed Use (MU)
Zone located on Eastbury Drive north of Middlebury Road (REZ13- 00016); Setting a
public hearing for August 6 on an ordinance amending Title 14: Zoning Code to
allow the Board of Adjustment to grant a Special Exception for a non - conforming use
or other unpermitted use that has been in existence for over 25 years to be rebuilt
under certain conditions, even if it is destroyed or damaged to more than 75% of its
assessed value; RES. 13 -240, SETTING A PUBLIC HEARING FOR AUGUST 6,
2013 TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND GARY J. HARAPAT FOR LOT 9 OF THE NORTH AIRPORT
DEVELOPMENT SUBDIVISION AND TO CONSIDER A PROPOSAL TO CONVEY
SAID PROPERTY; RES. 13 -241, INTENT TO CONSIDER THE PROPOSED
CONVEYANCE OF AUDITOR'S PARCEL 2013038, A PORTION OF OUTLOT B,
WILD PRAIRIE ESTATES, PART FIVE, AND SETTING A PUBLIC HEARING ON
SAID PROPOSAL FOR AUGUST 6, 2013.
Correspondence: Shirley A. Thompson regarding Protest of Rezoning, N. First
Avenue (REZ 13- 00004); Mike Hill regarding Landfill Compost Use [Staff response
included]; Bobbi Paxton regarding The Chauncey; Sonia Ettinger regarding Iowa City
and School District Coordinated Efforts; Larry Baker regarding SCOTUS land -use
decision - A Legal Blow to Sustainable Development; Harry Olmstead regarding
Official Actions
July 23, 2013
Page 4
SEATS / Paratransit Contract [Staff and Mayor response included]; Carol deProsse,
and Andrew Hosmanek regarding 523 Church Street [Staff response included x 2];
Mohammed AI -Basri and Zahra AI -Attar regarding Hala Hala Hookah Tobacco
License Renewal [Staff response included]; Theresa Ho regarding The future of
Lincoln Elementary; Bob Brenner regarding Back -Yard Chicken Issue - Problems
Encountered in Other Communities; Lori Cullen regarding A recycling solution to
Cigarette Butt Problem is available; Atty. James Houghton, rep. C & C Investments
regarding Stevens Drive / South Gilbert Street Flooding; Cindy Roberts regarding
Thank You from the Grant Wood Neighborhood Association; Joe Younker and Parks
& Recreation Commission regarding Chauncey Park; Steve Grismore regarding New
Meters [Staff response included]; Traffic Engineering Planner regarding Installation of
a NO RIGHT TURN ON RED sign for northbound traffic at the intersection of
Burlington Street and Clinton Street; Traffic Engineering Planner regarding Installation
of NO PARKING 8 PM — 7 AM signs on Gilbert Court between Kirkwood Avenue and
Highland Avenue, Highland Court, and 2nd and 3`d Street east of Gilbert Street; Holly
Hart regarding Invitation to Green Events this week; Mark Patton regarding Nevada
Dedication 2013.
Moved and seconded to adopt RES. 13 -242, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH PUBLIC ACCESS
TELEVISION, INC. FOR FUNDING, OPERATION, AND MANAGEMENT OF THE
LOCAL PUBLIC ACCESS FUNCTION.
Mary Gravitt, 2714 Wayne Ave, raised concerns regarding traffic speed on Clinton
Street; potential of reduced tax on electric bill going to SEATS; bus service for the 4th of
July celebration downtown; and use of public sidewalks for business. Brandon Ross
outlines concerns regarding loss of renter power and too much power to landlords,
increase in high rise building and no increase in affordable housing; tax increment
financing; closing of schools; low voter turnout; disproportion of people arrested and
jailed; the justice center; and lower classes not being considered. Howard Wittenberg,
1110 Yewell St., requested money distributed to business downtown to improve their
privates properties be used for residual owners to replace City sidewalks. Staff will
follow up with Mr. Wittenberg.
A public hearing was held on a resolution amending the Comprehensive Plan -
Southeast District Plan to change the land use designation from Multi - Family to
Commercial for property located at the northwest corner of the intersection of Muscatine
Avenue and Scott Boulevard (CPA13- 00002). Moved and seconded to continue public
hearing and defer the resolution amending the Comprehensive Plan - Southeast District
Plan to change the land use designation from Multi- Family to Commercial for property
located at the northwest corner of the intersection of Muscatine Avenue and Scott
Boulevard (CPA13- 00002), until August 20. Correspondence received from Atty.
Michael Pugh.
A public hearing was held on an ordinance rezoning 0.85 -acres from Low Density
Single - Family (RS -5) Zone and 2.87 -acres from Low Density Multi - Family (RM -12) Zone
to Community Commercial (CC -2) Zone for property located north of Muscatine Avenue,
west of Scott Boulevard (REZ13- 00012). Correspondence received from Michael Pugh.
Moved and seconded to continue public hearing to August 20 and the ordinance
rezoning 0.85 -acres from Low Density Single - Family (RS -5) Zone and 2.87 -acres from
Low Density Multi- Family (RM -12) Zone to Community Commercial (CC -2) Zone for
Official Actions
July 23, 2013
Page 5
property located north of Muscatine Avenue, west of Scott Boulevard (REZ13- 00012),
be deferred until August 20. Correspondence received from Atty. Michael Pugh.
A public hearing was held on an ordinance conditionally rezoning 2.3 acres of land
located southeast of the intersection of Highway 1 and Sunset Street in the Intensive
Commercial (CI -1) Zone (REZ13- 00014). David Larsen, representing the applicant
appeared.
Moved and seconded that the ordinance conditionally rezoning 2.3 acres of land
located southeast of the intersection of Highway 1 and Sunset Street in the Intensive
Commercial (CI -1) Zone (REZ13- 00014), be given first vote.
A public hearing was held on an ordinance amending Title 14: Zoning Code to allow
schools of generalized instruction by Special Exception in the Community Commercial
(CC -2) Zone. Wisdom Nwafor appeared and distributed a brochure regarding Faith
Academy.
Moved and seconded that the ordinance amending Title 14: Zoning Code to allow
schools of generalized instruction by Special Exception in the Community Commercial
(CC -2) Zone, be given first vote.
A public hearing was held on an ordinance amending Title 14: Zoning Code to
modify the regulations regarding the spacing of drinking establishments so that the 500 -
foot spacing rule would only apply to the University Impact Area and the Riverfront
Crossings District.
Moved and seconded that the ordinance amending Title 14: Zoning Code to modify
the regulations regarding the spacing of drinking establishments so that the 500 -foot
spacing rule would only apply to the University Impact Area and the Riverfront
Crossings District, be given first vote. The Mayor declared the motion carried, 6/1.
Moved and seconded to adopt RES. 13 -243, APPROVING FINAL PLAT of
ROCHESTER RIDGE, PART 4, IOWA CITY, IOWA.
Mayor Hayek left the meeting due to a conflict interest on the next item. Mayor Pro
tem Mims presiding.
Moved and seconded to adopt RES. 13 -244, APPROVING FINAL PLAT OF
HICKORY POINTE, 2nd ADDITION. The Mayor Pro tem declared the resolution
adopted, 6/0/1, Hayek abstaining.
Mayor Hayek returned to the meeting and now presiding.
A public hearing was held on a resolution approving Amendment #1, Moss Green
Urban Village Urban Renewal Plan to add urban renewal projects and expand the
urban renewal area.
Moved and seconded to adopt RES. 13 -245, APPROVING AMENDMENT #1,
MOSS GREEN URBAN VILLAGE URBAN RENEWAL PLAN TO ADD URBAN
RENEWAL PROJECTS AND EXPAND THE URBAN RENEWAL AREA. The Mayor
declared the resolution adopted, 6/1.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the Moss Ridge Road Project,
establishing amount of bid security to accompany each bid, directing City Clerk to
publish notice to bidders, and fixing time and place for receipt of bids.
Moved and seconded to adopt RES. 13 -246, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE MOSS RIDGE ROAD PROJECT, ESTABLISHING
AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK
Official Actions
July 23, 2013
Page 6
TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT
OF BIDS. The Mayor declared the resolution adopted, 6/1.
Moved and seconded to approving a Liquor License for Caffrey IC, Inc. dba The
Field House, 118 S. Dubuque Street.
Moved and seconded that the ordinance amending Title 4, Alcoholic Beverages,
Chapter 5, Prohibitions and Restrictions, Section 8, persons under the legal age in
licensed or permitted establishments, Subsection B, to modify the calculation of ticket
sales for exception certificate purposes, be given first vote.
The Mayor noted no applications were received for the following Boards and
Commissions and all will be readvertised: Airport Zoning Brd of Adjustment for a five -
year term January 1, 2012 - December 31, 2016 (New full term); Airport Zoning Brd. of
Adjustment for a five -year term January 1, 2009 - December 31, 2013; Historic
Preservation Commission for a Jefferson St. representative for a three -year term, March
29, 2013 — March 29, 2016 (New District formed); Police Citizens Review Board for a
four -year term September 1, 2013 — September 1, 2017.
Moved and seconded to make the following appointments to Boards and
Commissions: Christine Douglas, 1965 Meadow Ridge Lane, to the Airport Zoning
Commission for a six -year term January 1, 2010 — December 31, 2015, Suzanne
Bentler, 520 S. Governor Street, to the Parks & Recreation Commission for an
unexpired term, effective upon appointment, ending January 1, 2017; Peter Matthes,
1077 Tamarack Trail, David Hacker, 55 Denbigh Drive, and Dorothy Persson, 14 Gallup
Place, to the Housing and Community Development Commission for three vacancies to
fill three -year terms September 1, 2013 — September 1, 2016; Andrew Cohn, 1327
Foster Road, Human Rights Commission for an unexpired term, effective upon
appointment, ending January 1, 2016; re- appoint Joe Treloar to the Police Citizens
Review Board for a four -year term September 1, 2013 — September 1, 2017. Applicants
MUST reside in Iowa City and be 18 years of age unless specific qualifications are
stated. [Staff will not publish additional notices after a period of six publications; but will
continue to advertise vacancies with postings and on the Council agenda. However, no
additional publication costs will be incurred.]
The Mayor noted the previously announced vacancy for Board of Adjustment for an
unexpired term, effective upon appointment, ending January 1, 2015. Applications must
be received by 5 :00 p.m., Wednesday, July 31, 2013.
The Mayor noted the current vacancies to the Public Art Advisory Committee for two
vacancies to fill an unexpired term, effective upon appointment, ending January 1, 2015
and an unexpired term plus a three -year term, effective upon appointment, ending
January 1, 2017. Applications must be received by 5:00 p.m., Wednesday, August 28,
2013. Moved and seconded to accept correspondence from Andrea Cohn, Melissa
Mitchell, Susie Thurmond.
Moved and seconded to adjourn meeting 8:20 p.m.
A more complete description of Council Activities is on file in the office of the City
Clerk.
s /Matthew J. Hayek, Mayor
s /Marian K. Karr, City Clerk
Submitte for publication — 7/31/13.
"rro
2a(3)
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office 356 -5040.
The cost of publishing the following proceedings and claims is $
Cumulative cost for this calendar year for said publication is $_
OFFICIAL COUNCIL ACTIONS — 7/31/13
Iowa City City Council special meeting, 8:00 a.m. at City Hall. Mayor Hayek
presiding. Council Members present: Champion, Dickens, Dobyns (electronically),
Hayek, Mims, Payne, Throgmorton. Absent: None.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved and seconded to adjourn to executive session to discuss the purchase of
particular real estate only where premature disclosure could be reasonably expected to
increase the price the governmental body would have to pay for that property. The
minutes and the tape recording of a session closed under this paragraph (real estate)
shall be available for public examination when the transaction discussed is completed;
and, to discuss strategy with counsel in matters where litigation is imminent where its
disclosure would be likely to prejudice or disadvantage the position of the governmental
body in that litigation. The Mayor declared the motion carried.
Moved and seconded to adjourn special meeting 8:56 a.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 for publication — 7/31/13.
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
JULY 23, 2013
Iowa City City Council Special meeting, 5:30 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, Dulek
Bentley, Gannon, Fosse, Karr, Davidson, Hightshoe, Havel, Hardy.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Throgmorton, seconded by Payne, to adjourn to executive session to
discuss the purchase of particular real estate only where premature disclosure could be
reasonably expected to increase the price the governmental body would have to pay for
that property. The minutes and the tape recording of a session closed under this
paragraph (real estate) shall be available for public examination when the transaction
discussed is completed; and to discuss strategy with counsel in matters where litigation
is imminent where its disclosure would be likely to prejudice or disadvantage the
position of the governmental body in that litigation. The Mayor declared the motion
carried and adjourned into executive session 5:35 p.m.
Council returned to open session 5:58 p.m.
Moved by Mims, seconded by Dickens, to adjourn special meeting 5:59 p.m.
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk
Subject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356 -5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
JULY 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, Thorgmorton. Absent: None. Staff members present: Markus, Fruin, Dulek,
Bentley, Karr, Davidson, Fosse, Hardy, Gannon.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Champion, seconded by Dickens, that the items and recommendations in
the Consent Calendar be received, or approved, and /or adopted as amended and to
delete for separate item 2d(17), Agreement with Public Access Television:
Approval of Council Actions, subject to corrections, as recommended by the City
Clerk: June 18 Council Work Session; June 18 Council Special Formal Official &
Complete; July 16 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 — May 16; Board of Adjustment — May 8; Board of Adjustment — June
12; Board of Library Trustees — May 23; Historic Preservation Commission — April
11; Historic Preservation Commission — May 9; Historic Preservation Commission —
June 13; Housing and Community Development Commission — May 7; Human
Rights Commission — May 21; Planning and Zoning Commission — June 6; Police
Citizens Review Board — May 29; Police Citizens Review Board — June 24;
Telecommunications Commission — June 3.
Permit Motions and Resolutions as Recommended by the City Clerk. (NEW)
Special Class C Liquor License for Silver Asklof, LLC, dba Nodo Downtown 5 S.
Dubuque St.; Five -Day Class B Beer Permit for Iowa City Fall Fun Festival, Inc., dba
Iowa City Fall Fun Festival, Inc., 2140 Rochester Ave.(Tent A & Tent B); Special
Class C Liquor License for E &E Restaurant, LLC, dba Sushi Popo, 725 Mormon
Trek Blvd. (Renewal): Class C Liquor License for I. C. Mill Associates, LLC dba Mill
Restaurant, 120 E. Burlington St.; Outdoor Service Area for I. C. Mill Associates,
LLC dba Mill Restaurant, 120 E. Burlington St.; Class C Liquor License for Roy L
Chopek/Walter L "Bud" Ott Post 17 dba American Legion Roy L Chopek Post
17,3016 Muscatine Ave.; Class E Liquor License for Caylor Enterprises, LLC dba
The Liquor House, 425 S. Gilbert St.; Class C Liquor License for Hildago, Inc., dba
El Cactus Authentic Mexican Cuisine, 1921 Keokuk St., Class C Liquor License for
Iowa City Aerie No. 695 Fraternal Order of Eagles, Fraternal Order of Eagles, Iowa
City Aerie #695, 225 Hwy 1 W.; Class E Liquor License for Hartig Drug Co, Inc., dba
Hartig Drug Store, # 10, 701 Mormon Trek Blvd., Class C Liquor License for Jimmy
Jack's, Inc., dba Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd.; Outdoor
Service Area for Jimmy Jack's, Inc., dba Jimmy Jack's Rib Shack, 1940 Lower
Muscatine Rd.; Class C Liquor License for Pub Gal, Inc., dba IC Uglys, 210 N. Linn
St.; Class C Liquor License for DTW, Inc., dba T.C.B., 114 E. College St.; Class C
Beer Permit for Delimart Properties, Inc., dba Deli Mart #1, 525 Hwy 1 West; Class
C Beer Permit for Delimart Properties, Inc., dba Deli Mart #2, 1920 Lower Muscatine
Rd.; Class C Beer Permit for Delimart properties, Inc., dba Deli Mart #3, 2410
Mormon Trek Blvd.; Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart
#5, 206 E. Benton St.; Class C Liquor License for 168, LLC, dba Szechuan House,
Complete Description
July 23, 2013
Page 2
320 E. Burlington St.; Class C Liquor License for Middle E, LLC, dba Okoboji Grill
Restaurant, 1857 Lower Muscatine Rd.; Outdoor Service Area for Middle E, LLC,
dba Okoboji Grill Restaurant, 1857 Lower Muscatine Rd.; Class E Liquor License
for Hy -Vee, Inc., dba Hy- Vee Drugstore, 310 N. First Ave. Class C Liquor License
for High Energy Food Concepts, Inc., dba Martini's, 127 E. College St.; Outdoor
Service Area for High Energy Food Concepts, Inc., dba Martini's, 127 E. College St.
RES. 13 -218, TO ISSUE DANCE PERMITS to Iowa City Fall Fun Festival, 2140
Rochester Ave; Fraternal Order of Eagles #695, 225 Hwy1West; Mill Restaurant,
120 E. Burlington St.; RES. 13 -219, TO ISSUE CIGARETTE PERMIT to Albasri,
LLC, dba Hala Hala Hookah, 327 S. Gilbert St.
Resolutions and Motions: RES. 13 -220, ACCEPTING THE DEDICATION OF A
20' WIDE SANITARY SEWER EASEMENT OVER A PORTION OF AUDITOR'S
PARCEL 2009032, ALONG SOUTH GILBERT STREET IN IOWA CITY, JOHNSON
COUNTY, IOWA, RES. 13 -221, AUTHORIZING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST TO SUBORDINATION AGREEMENTS AND
MORTGAGE RELEASES; RES. 13 -222, APPROVING A PURCHASE
AGREEMENT FOR 1821 B STREET, IOWA CITY, IOWA; RES. 13 -223,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY
LOCATED AT 2530 ASTER AVENUE, IOWA CITY, IOWA; RES. 13 -224,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY
LOCATED AT 715 NORTH VAN BUREN STREET, IOWA CITY, IOWA; RES. 13-
225, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
TO A SUBORDINATION AGREEMENT BETWEEN HILLS BANK AND TRUST
COMPANY, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 1917
CALIFORNIA AVENUE, IOWA CITY, IOWA; RES. 13 -226, AWARDING
CONTRACT to Ricklefs Excavating for $1,213,062.00 AND AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE PHASE 2 OF THE FIRST AVENUE STORM SEWER
IMPROVEMENTS PROJECT; RES. 13 -227, AWARDING CONTRACT to Metro
Pavers for $ 439,911.85 AND AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2013
WILLIAM STREET STREETSCAPE PROJECT; RES. 13 -228, AWARDING
CONTRACT to Neumiller Electric, Inc. for $145,100.00 AND AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE OLD HIGHWAY 218 AND MORMON TREK
BOULEVARD / MCCOLLISTER BOULEVARD TRAFFIC SIGNALIZATION
PROJECT; RES. 13 -229, ACCEPTING THE WORK FOR THE SANITARY SEWER,
STORM SEWER, TILE LINE, WATER MAIN, CERTAIN SIDEWALK, AND PAVING
PUBLIC IMPROVEMENTS FOR ROCHESTER RIDGE - PART THREE, AND
DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC USE; RES. 13-
230, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER,
TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR
SADDLEBROOK MEADOWS, PART 1, AND DECLARING THE PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC USE; RES. 13 -231, ACCEPTING THE
WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER
Complete Description
July 23, 2013
Page 3
MAIN, CERTAIN SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS FOR
SADDLEBROOK MEADOWS, PART 2, AND DECLARING THE PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC USE; RES. 13 -232, ACCEPTING THE
WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, CERTAIN
SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS FOR CARDINAL POINTE
SOUTH - PART THREE, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN
FOR PUBLIC USE; RES. 13 -233, ACCEPTING THE WORK FOR THE STORM
SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS INSTALLED
WITH WASHINGTON PLAZA, AND DECLARING THE PUBLIC IMPROVEMENTS
OPEN FOR PUBLIC USE; RES. 13 -234, REPEALING RESOLUTION NO. 10 -463
AND APPROVING A REVISED PROFESSIONAL LIGHT AND SOUND
SPECIFICATION SHEET FOR ENTERTAINMENT VENUES, RES. 13 -235,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE
RELEASE OF THE OBLIGATION TO INSTALL SIDEWALKS ALONG BARBER'S
PLACE, PENINSULA NEIGHBORHOOD, PHASE 2A, IOWA CITY, IOWA; RES. 13-
236, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
PUBLIC UTILITY EASEMENT AGREEMENT AND STORMWATER DETENTION
BASIN EASEMENT AGREEMENT FOR THE DEERY BROTHERS SITE
DEVELOPMENT IN IOWA CITY, IOWA; RES. 13 -237, APPROVING
UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2014 FOR THE
CITY MANAGER, CITY ATTORNEY AND CITY CLERK AND AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO
THE CONTRACT OF THE CITY MANAGER TO PROVIDE FOR FOUR (4)
ADDITIONAL DAYS OF PERSONAL TIME EACH YEAR; RES. 13 -238,
APPROVING MUTUAL RELEASE AND SETTLEMENT AGREEMENT BETWEEN
THE CITY OF IOWA CITY, JUDDS BROTHERS CONSTRUCTION CO. AND VAN
WINKLE -JACOB ENGINEERING, INC. REGARDING THE CONTRACT FOR THE
DESIGN OF THE IOWA AVENUE INVERTED SIPHON SEWER PROJECT 2009
PROJECT.
Setting Public Hearings: RES. 13 -239, SETTING A PUBLIC HEARING FOR
AUGUST 6, 2013, ON AN ORDINANCE AMENDING TITLE 3 ENTITLED
"FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES,
RATES, CHARGES, BONDS, FINES AND PENALTIES," SECTION 5 ENTITLED
"SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE
RESIDENTIAL SOLID WASTE COLLECTION FEES; Setting a public hearing for
August 6 on an ordinance conditionally rezoning 7.13 acres of property located at
2845 Mormon Trek Blvd. in the Intensive Commercial (CI -1) Zone. (REZ13- 00018);
Setting a public hearing for August 6 on an ordinance conditionally rezoning 1.12
acres of property from Community Commercial (CC -2) Zone to Mixed Use (MU)
Zone located on Eastbury Drive north of Middlebury Road (REZ13- 00016); Setting a
public hearing for August 6 on an ordinance amending Title 14: Zoning Code to
allow the Board of Adjustment to grant a Special Exception for a non - conforming use
or other unpermitted use that has been in existence for over 25 years to be rebuilt
under certain conditions, even if it is destroyed or damaged to more than 75% of its
assessed value; RES. 13 -240, SETTING A PUBLIC HEARING FOR AUGUST 6,
2013 TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND GARY J. HARAPAT FOR LOT 9 OF THE NORTH AIRPORT
Complete Description
July 23, 2013
Page 4
DEVELOPMENT SUBDIVISION AND TO CONSIDER A PROPOSAL TO CONVEY
SAID PROPERTY; RES. 13 -241, INTENT TO CONSIDER THE PROPOSED
CONVEYANCE OF AUDITOR'S PARCEL 2013038, A PORTION OF OUTLOT B,
WILD PRAIRIE ESTATES, PART FIVE, AND SETTING A PUBLIC HEARING ON
SAID PROPOSAL FOR AUGUST 6, 2013.
Correspondence: Shirley A. Thompson regarding Protest of Rezoning, N. First
Avenue (REZ 13- 00004); Mike Hill regarding Landfill Compost Use [Staff response
included]; Bobbi Paxton regarding The Chauncey; Sonia Ettinger regarding Iowa City
and School District Coordinated Efforts; Larry Baker regarding SCOTUS land -use
decision - A Legal Blow to Sustainable Development; Harry Olmstead regarding
SEATS / Paratransit Contract [Staff and Mayor response included]; Carol deProsse,
and Andrew Hosmanek regarding 523 Church Street [Staff response included x 2];
Mohammed AI -Basri and Zahra AI -Attar regarding Hala Hala Hookah Tobacco
License Renewal [Staff response included]; Theresa Ho regarding The future of
Lincoln Elementary; Bob Brenner regarding Back -Yard Chicken Issue - Problems
Encountered in Other Communities; Lori Cullen regarding A recycling solution to
Cigarette Butt Problem is available; Atty. James Houghton, rep. C & C Investments
regarding Stevens Drive / South Gilbert Street Flooding; Cindy Roberts regarding
Thank You from the Grant Wood Neighborhood Association; Joe Younker and Parks
& Recreation Commission regarding Chauncey Park; Steve Grismore regarding New
Meters [Staff response included]; Traffic Engineering Planner regarding Installation of
a NO RIGHT TURN ON RED sign for northbound traffic at the intersection of
Burlington Street and Clinton Street, Traffic Engineering Planner regarding Installation
of NO PARKING 8 PM — 7 AM signs on Gilbert Court between Kirkwood Avenue and
Highland Avenue, Highland Court, and 2nd and 3rd Street east of Gilbert Street; Holly
Hart regarding Invitation to Green Events this week; Mark Patton regarding Nevada
Dedication 2013.
Moved by Champion, seconded by Mims, to adopt RES. 13 -242, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH
PUBLIC ACCESS TELEVISION, INC. FOR FUNDING, OPERATION, AND
MANAGEMENT OF THE LOCAL PUBLIC ACCESS FUNCTION. Cable TV Adm. Hardy
present for discussion.
Mary Gravitt, 2714 Wayne Ave, raised concerns regarding traffic speed on Clinton
Street; potential of reduced tax on electric bill going to SEATS; bus service for the 4`" of
July celebration downtown; and use of public sidewalks for business. Brandon Ross
outlines concerns regarding loss of renter power and too much power to landlords;
increase in high rise building and no increase in affordable housing; tax increment
financing; closing of schools, low voter turnout; disproportion of people arrested and
jailed; the justice center, and lower classes not being considered. Howard Wittenberg,
1110 Yewell St., requested money distributed to business downtown to improve their
privates properties be used for residual owners to replace City sidewalks. Staff will
follow up with Mr. Wittenberg.
A public hearing was held on a resolution amending the Comprehensive Plan -
Southeast District Plan to change the land use designation from Multi - Family to
Commercial for property located at the northwest corner of the intersection of Muscatine
Avenue and Scott Boulevard (CPA13- 00002). Moved by Mims, seconded by Payne, to
continue public hearing and defer the resolution amending the Comprehensive Plan -
Complete Description
July 23, 2013
Page 5
Southeast District Plan to change the land use designation from Multi- Family to
Commercial for property located at the northwest corner of the intersection of Muscatine
Avenue and Scott Boulevard (CPA13- 00002), until August 20. Correspondence
received from Atty. Michael Pugh.
A public hearing was held on an ordinance rezoning 0.85 -acres from Low Density
Single - Family (RS -5) Zone and 2.87 -acres from Low Density Multi - Family (RM -12) Zone
to Community Commercial (CC -2) Zone for property located north of Muscatine Avenue,
west of Scott Boulevard (REZ13- 00012). Correspondence received from Michael Pugh.
Moved by Mims, seconded by Payne, public hearing be continued and the ordinance
rezoning 0.85 -acres from Low Density Single - Family (RS -5) Zone and 2.87 -acres from
Low Density Multi - Family (RM -12) Zone to Community Commercial (CC -2) Zone for
property located north of Muscatine Avenue, west of Scott Boulevard (REZ13- 00012),
be deferred until August 20. Correspondence received from Atty. Michael Pugh.
A public hearing was held on an ordinance conditionally rezoning 2.3 acres of land
located southeast of the intersection of Highway 1 and Sunset Street in the Intensive
Commercial (CI -1) Zone (REZ13- 00014). The Mayor requested Council Members
disclose and ex parte communication and none were reported. PCD Dir. Davidson
presented a power point. David Larsen, representing the applicant appeared.
Moved by Dobyns, seconded by Mims, that the ordinance conditionally rezoning 2.3
acres of land located southeast of the intersection of Highway 1 and Sunset Street in
the Intensive Commercial (CI -1) Zone (REZ13- 00014), be given first vote.
A public hearing was held on an ordinance amending Title 14: Zoning Code to allow
schools of generalized instruction by Special Exception in the Community Commercial
(CC -2) Zone. The Mayor requested Council Members disclose and ex parte
communication and none were reported. PCD Dir. Davidson presented for discussion.
Wisdom Nwafor appeared and distributed a brochure regarding Faith Academy.
Moved by Throgmorton, seconded by Mims, that the ordinance amending Title 14:
Zoning Code to allow schools of generalized instruction by Special Exception in the
Community Commercial (CC -2) Zone, be given first vote.
A public hearing was held on an ordinance amending Title 14: Zoning Code to
modify the regulations regarding the spacing of drinking establishments so that the 500 -
foot spacing rule would only apply to the University Impact Area and the Riverfront
Crossings District. PCD Dir. Davidson presented a power point. No one appeared.
Moved by Dobyns, seconded by Payne, that the ordinance amending Title 14:
Zoning Code to modify the regulations regarding the spacing of drinking establishments
so that the 500 -foot spacing rule would only apply to the University Impact Area and the
Riverfront Crossings District, 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: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek. Nays:
Mims.
Moved by Mims, seconded by Payne, to adopt RES. 13 -243, APPROVING FINAL
PLAT of ROCHESTER RIDGE, PART 4, IOWA CITY, IOWA. PCD Dir. Davidson
presented a power point. Asst. City Engr. Gannon present for discussion.
Mayor Hayek left the meeting due to a conflict interest on the next item. Mayor Pro
tem Mims presiding.
Complete Description
July 23, 2013
Page 6
Moved by Payne, seconded by Dobyns, to adopt RES. 13 -244, APPROVING FINAL
PLAT OF HICKORY POINTE, 2" ADDITION. PCD Dir. Davidson presented a power
point. The Mayor Pro tem declared the resolution adopted, 6/0/1, Hayek abstaining.
Mayor Hayek returned to the meeting and now presiding.
A public hearing was held on a resolution approving Amendment #1, Moss Green
Urban Village Urban Renewal Plan to add urban renewal projects and expand the
urban renewal area. PCD Dir. Davidson presented a power point. No one appeared.
Moved by Champion, seconded by Mims, to adopt RES. 13 -245, APPROVING
AMENDMENT #1, MOSS GREEN URBAN VILLAGE URBAN RENEWAL PLAN TO
ADD URBAN RENEWAL PROJECTS AND EXPAND THE URBAN RENEWAL AREA.
The Mayor declared the resolution adopted, 6/1, with the following division of roll call
vote: Ayes: Champion, Dickens, Dobyns, Hayek, Mims, Payne. Nays: Throgmorton.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the Moss Ridge Road Project,
establishing amount of bid security to accompany each bid, directing City Clerk to
publish notice to bidders, and fixing time and place for receipt of bids. No one
appeared.
Moved by Mims, seconded by Payne, to adopt RES. 13 -246, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE MOSS RIDGE ROAD 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. The Mayor declared the resolution adopted, 6/1, with the following division of
roll call vote. Ayes: Dickens, Dobyns, Hayek, Mims, Payne, Champion. Nays:
Throgmorton.
Moved by Champion, seconded by Dobyns, approving a Liquor License for Caffrey
IC, Inc. dba The Field House, 118 S. Dubuque Street.
Moved by Mims, seconded by Dickens, that the ordinance amending Title 4,
Alcoholic Beverages, Chapter 5, Prohibitions and Restrictions, Section 8, persons under
the legal age in licensed or permitted establishments, Subsection B, to modify the
calculation of ticket sales for exception certificate purposes, be given first vote.
The Mayor noted no applications were received for the following Boards and
Commissions and all will be readvertised: Airport Zoning Brd of Adjustment for a five -
year term January 1, 2012 - December 31, 2016 (New full term); Airport Zoning Brd. of
Adjustment for a five -year term January 1, 2009 - December 31, 2013; Historic
Preservation Commission for a Jefferson St. representative for a three -year term, March
29, 2013 — March 29, 2016 (New District formed); Police Citizens Review Board for a
four -year term September 1, 2013 — September 1, 2017.
Moved by Mims, seconded by Payne, to make the following appointments to Boards
and Commissions: Christine Douglas, 1965 Meadow Ridge Lane, to the Airport Zoning
Commission for a six -year term January 1, 2010 — December 31, 2015; Suzanne
Bentler, 520 S. Governor Street, to the Parks & Recreation Commission for an
unexpired term, effective upon appointment, ending January 1, 2017; Peter Matthes,
1077 Tamarack Trail, David Hacker, 55 Denbigh Drive, and Dorothy Persson, 14 Gallup
Place, to the Housing and Community Development Commission for three vacancies to
fill three -year terms September 1, 2013 — September 1, 2016; Andrew Cohn, 1327
Foster Road, Human Rights Commission for an unexpired term, effective upon
Complete Description
July 23, 2013
Page 7
appointment, ending January 1, 2016; re- appoint Joe Treloar to the Police Citizens
Review Board for a four -year term September 1, 2013 — September 1, 2017. Applicants
MUST reside in Iowa City and be 18 years of age unless specific qualifications are
stated. [Staff will not publish additional notices after a period of six publications; but will
continue to advertise vacancies with postings and on the Council agenda. However, no
additional publication costs will be incurred.]
The Mayor noted the previously announced vacancy for Board of Adjustment for an
unexpired term, effective upon appointment, ending January 1, 2015. Applications must
be received by 5:00 p.m., Wednesday, July 31, 2013.
The Mayor noted the current vacancies to the Public Art Advisory Committee for two
vacancies to fill an unexpired term, effective upon appointment, ending January 1, 2015
and an unexpired term plus a three -year term, effective upon appointment, ending
January 1, 2017. Applications must be received by 5:00 p.m., Wednesday, August 28,
2013. Moved by Mims, seconded by Payne, to accept correspondence from Andrea
Cohn, Melissa Mitchell, Susie Thurmond.
Council Member Dobyns acknowledged the efforts of the Police Department in the
recent sting operation surrounding synthetic drugs.
Council Member Dickens thanked the Parks Department for the recent triathlon for
611 year olds at Mercer Park and encouraged it being expanded.
Mayor Pro tem Mims reported on the Coalition for Racial Justice press conference
held earlier in the day, noting the group would be back before Council concerning their
recommendations. Council Member Throgmorton noted the event was also very well
attended.
Council Member Champion raised a question regarding City regulations concerning
eating establishments not being able to sell alcohol until 2:00 a.m.; and when the
establishment is sold the regulations affecting them. City Manager Markus and Asst.
City Atty. Dulek indicated they had met with owners.
Council Member Throgmorton noted the Library Board minutes of May 23
referencing a digital archive of City historic photos and reported that they provide great
images of the 1970's urban renewal era, and also a book "Downtown redevelopment
:the Iowa City Story " written by Roberta Caliger Linnenkamp in 1982 which provides
insight in downtown debates of today; announced the national annual meeting of the
Green Party is scheduled in Iowa City July 25 -28; and acknowledged the great
performance by Mavis Staples at the Englert on July 19.
Mayor Hayek noted reviews of the City Manager, City Attorney, and City Clerk voted
on as part of the Consent Calendar and wanted to publicly acknowledge the support of
the Council and thank to these professionals.
City Manager Markus thanked the Mayor for the comments regarding Council
appointees, and echoed comments regarding the Mavis Staples appearance at the
Englert.
Moved by Payne, seconded by Mims, to adjourn meeting 8:20 p.m.
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office 356 -5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
JULY 31, 2013
Iowa City City Council special meeting, 8:00 a.m. at City Hall. Mayor Hayek
presiding. Council Members present: Champion, Dickens, Dobyns (electronically),
Hayek, Mims, Payne, Throgmorton. Absent: None. Staff members present: Markus,
Dilkes, Karr, Ford, Davidson, Hektoen, Howard, Bockenstedt, Gannon, Knoche.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Mims, seconded by Payne, to adjourn to executive session to discuss
the purchase of particular real estate only where premature disclosure could be
reasonably expected to increase the price the governmental body would have to pay for
that property. The minutes and the tape recording of a session closed under this
paragraph (real estate) shall be available for public examination when the transaction
discussed is completed; and, to discuss strategy with counsel in matters where litigation
is imminent where its disclosure would be likely to prejudice or disadvantage the
position of the governmental body in that litigation. The Mayor declared the motion
carried and adjourned into executive session 8:01 a.m.
Council returned to open session 8:56 a.m.
Moved by Mims, seconded by Payne, to adjourn special meeting 8:56 a.m.
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk