HomeMy WebLinkAbout2014-05-20 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
MAY 20, 2014
Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Botchway, Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton. Absent: None. Staff members present: Markus, Fruin, Andrew,
Dilkes, Voparil, Miklo, Boothroy, Bockenstedt, McCarthy.
Mayor Hayek noted the sudden passing of North Liberty Mayor Tom Salm and
expressed the tremendous sense of loss to his family and the community.
The Mayor presented Outstanding Student Citizenship Awards to Longfellow
Elementary students: Mya Kahle, Zoe Meaney, Andre Miller.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Payne, seconded by Dickens, 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: May 6 Work Session; May 6 Regular Formal Official & Complete;
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Airport
Zoning Commission — April 7; Airport Zoning Commission — April 15; Airport Zoning
Commission — April 24; Charter Review Commission — April 22; Citizens Police
Review Board —April 21; Parks and Recreation — March 12.
Permit Motions and Resolutions as Recommended by the City Clerk. Renewal:
Class B Beer Permit for Pit Smokehouse LLC., The dba Pit Smokehouse LLC., 130
N. Dubuque St.; Class E Liquor License for Iowa CVS Pharmacy, LLC., dba
CVS /Pharmacy #8547, 2425 Muscatine Ave.; Class C Liquor License for Linn Street
Cafe, Inc., dba Linn Street Cafe, Inc., 121 N. Linn St.; Class C Beer Permit for
Suburban Investors, dba Suburban Amoco, 370 Scott Court Class E Liquor License
for The Outlet, Inc. dba Smokin' Joe's Tobacco and Liquor Outlet #18, 1901
Broadway St.; Class C Liquor License for Kwik Trip Inc., dba Tobacco Outlet Plus
#537, 923 S. Riverside Dr.; Class C Liquor License for 1440 LLC., dba Eden
Lounge, 217 Iowa Ave. Refund an unused portion of a Special Class C Liquor
License for Little Donkeys, Inc., dba Panchero's Mexican Grill, 32 S. Clinton St.;
Refund an unused portion of a Special Class C Liquor License for Freshmex Iowa
City, LLC., dba Panchero's Mexican Grill, 965 S. Riverside Dr.
New: Class E Liquor License for New Pioneer Cooperative Society, dba New
Pioneer Food Co -op, 22 S. Van Buren St.
Resolutions and Motions: RES. 14 -135, AUTHORIZING THE PROCUREMENT
OF EIGHT POLICE PATROL VEHICLES; approving the appointment of Nicole Neal
as the City Council alternate liaison from the University of Iowa Student Government
(UISG) to the City Council until May 1, 2015; RES. 14 -136, AMENDING THE
BUDGETED POSITIONS IN THE CITY ATTORNEY'S OFFICE BY INCREASING
THE POSITION OF CITY ATTORNEY FROM .6 FTE TO 1 FTE AND DECREASING
THE POSITION OF ASSISTANT CITY ATTORNEY FROM 2.0 FTE TO 1.5 FTE AND
ESTABLISHING A NEW UNCLASSIFIED SALARY COMPENSATION FO THE CITY
ATTORNEY; RES. 14 -137, AUTHORIZING THE REDEMPTION OF
OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2006A, OF THE CITY
OF IOWA CITY, STATE OF IOWA, DATED JUNE 29, 2006, AND DIRECTING
Complete Description
May 20, 2014
Page 2
NOTICE BE GIVEN; RES. 14 -138, AUTHORIZING THE REDEMPTION OF
OUTSTANDING GENERAL OBLIGATION BONDS, TAXABLE SERIES 2006B, OF
THE CITY OF IOWA CITY, STATE OF IOWA, DATED JUNE 29, 2006, AND
DIRECTING NOTICE BE GIVEN; RES. 14 -139, AUTHORIZING THE
REDEMPTION OF OUTSTANDING GENERAL OBLIGATION REFUNDING
CAPITAL LOAN NOTES, SERIES 2006C, OF THE CITY OF IOWA CITY, STATE
OF IOWA, DATED SEPTEMBER 15, 2006, AND DIRECTING NOTICE BE GIVEN;
RES. 14 -140, AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL
OBLIGATION BONDS, SERIES 2005A, OF THE CITY OF IOWA CITY, STATE OF
IOWA, DATED MARCH 29, 2005, AND DIRECTING NOTICE BE GIVEN; RES. 14-
141, AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL
OBLIGATION BONDS, SERIES 2007A, OF THE CITY OF IOWA CITY, STATE OF
IOWA, DATED MAY 31, 2007, AND DIRECTING NOTICE BE GIVEN; RES. 14-
142, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR AUDIT SERVICES FOR THE FISCAL YEAR 2014 CITY OF
IOWA CITY FINANCIAL STATEMENTS; RES. 14 -143, AUTHORIZING THE
PROCUREMENT OF UNIFORM AND TOWEL RENTAL AND LAUNDERING
SERVICES; RES. 14 -144, ACCEPTING THE WORK FOR THE 2013 SEWER
REPAIR PROJECT; RES. 14 -145, ACCEPTING THE WORK FOR THE IOWA
RIVER BANK REPAIR PROJECT 2014; RES. 14 -146, ACCEPTING THE WORK
FOR THE 2013 SUMMER SIDEWALK REPAIR PROJECT; RES. 14 -147,
ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE DEFENSE TO
TOBACCO CIVIL PENALTY BY THE CLUB CAR; RES. 14 -148, ACCEPTING
PAYMENT OF $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING
FROM JOHN'S GROCERY; RES. 14 -149, ACCEPTING PAYMENT OF A $1500
CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM RJ'Z EXPRESS;
RES. 14 -150, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND JOHNSON COUNTY, IOWA, FOR THE APPLICATION AND
ADMINISTRATION OF ANY AWARDED EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT (JAG) PROGRAM AWARDS; RES. 14 -151, AMENDING
PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE ANIMAL
CARE AND ADOPTION CENTER 2014 PROJECT, FIXING TIME AND PLACE FOR
RECEIPT OF BIDS AND DIRECTING CITY CLERK TO PUBLISH NOTICE TO
BIDDERS.
Setting Public Hearings: Set a public hearing for June 17 on a resolution to annex
39.96 acres of land located at 4701 Herbert Hoover Highway; Set a public hearing for
June 17 on an ordinance conditionally rezoning 39.96 acres of land from County
Residential (R) Zone to Interim Development Single - Family (ID -RS) Zone located at
4701 Herbert Hoover Highway. (REZ14- 00002); Set a public hearing on June 17,
2014 on a rezoning ordinance amending title 14, entitled "Zoning," Chapter 6,
entitled, "Airport Zoning," to provide that a structure may penetrate the horizontal
overlay zone under certain conditions.
Correspondence: Brian Flanagan regarding Economic Development [Staff
response included] Lorie Schweer regarding Emergency Exit Peninsula
Neighborhood - Raising of Foster Road; William Coleman regarding Your vote to
raise speed limit to 35 MPH on LWBR; Michele McAtee regarding Diversity Policy
Complete Description
May 20, 2014
Page 3
ICCSD, CIC [Supt. response attached]; John Kevin McMillan regarding FIVE City of
Austin departments consulting an attorney re: me; Charlotte Walker regarding
Decision to remove senior meals from the Senior Center [Staff response included];
City Engr. regarding Competitive Quotation Results
Mayor Hayek noted that hearings for 3e(1) and 3e(2) were being set for June 17, and
not the earlier June meeting date originally indicated.
Mary Gravitt, 2714 Wayne Ave., raised concerns regarding the bus shelter in front of
Aldi's, requesting a bench and a fourth side be added to the shelter; landlord leaving
garbage out on the street instead of in dumpsters; requested established of an ad hoc
committee on SEATS. Sally Scott, Johnson County Affordable Homes Coalition
appeared regarding Affordable Housing in Riverfront Crossings. Laura Bergus,
Telecommunications Commissioner appeared regarding consumer education for
broadband networks, distributed handouts, and presented an information video. Moved
by Payne, seconded by Mims, to accept correspondence. Mark Patton, Iowa Valley
Habitat for Humanity, appeared and submitted correspondence on wage compensation.
Moved by Payne, seconded by Botchway, to accept correspondence from Mark Patton.
Roger Knight, 320 East Washington St., appeared regarding dissatisfaction with
Council, building of 20 story buildings, and Mediacom.
A public hearing was held on an ordinance to designate the Goosetown / Horace
Mann Conservation District as a Conservation District Overlay (OCD) Zone. (REZ -14-
00004). The Mayor asked Council Members to disclose any ex parte communications,
and all 7 Council Members reported. Bob Miklo presented a power point. The following
individuals appeared: Ginalie Swaim, Chair Historic Preservation Commission, 1024
Woodlawn Ave,; Mike Wright, 225 N. Lucas St.; Chris Reynolds, Reynolds, 619 Brown
St.; Matthew Biger, 519 N. Johnson St.; Mary Beth Slonnegar, 1169 Davenport St.;
Susan Futrell, 314 Fairchild St.; Leslie Schwalm, 819 E. Market St.; Doris Stormoer, 819
E. Market St.; Tom Baldridge, 915 Oakcrest; and Pam Michaud, 109 S. Johnson. Moved
by Payne, seconded by Mims, to accept correspondence from Susan Futrell and Will
Jennings; Cathy Cole and Mike Feiss; Susan Shullaw; Genia Hausknecht; Jim Ponto; and
Tim Weitzel.
Moved by Mims, seconded by Payne, that the ordinance to designate the Goosetown
/ Horace Mann Conservation District as a Conservation District Overlay (OCD) Zone.
(REZ -14- 00004), be given first vote. Individual Council Members expressed their views.
Moved by Mims, seconded by Payne, to defer indefinitely the public hearing and
resolution on an ordinance approving an amendment to the Comprehensive Plan —
Downtown and Riverfront Crossings Master Plan to include a section on affordable
housing. Moved by Mims, seconded by Dickens, to accept correspondence from Tim
Weitzel.
Moved by Payne, seconded by Dickens, that the ordinance amending Title 14:
Zoning, adding Article 14 -2G, Riverfront Crossings Form Based Development
Standards, and amending other associated parts of Title 14 to integrate the form based
code, be given second vote.
Moved by Payne, seconded by Mims, that the ordinance amending Title 14: Zoning,
to broaden the storefront signage types and sizes allowed in commercial zones and to
regulate temporary window signs, be given second vote.
Moved by Payne, seconded by Dobyns, that the ordinance amending Title 14:
Zoning, Article 4C, Accessory Uses and Buildings, to address differences in the
Complete Description
May 20, 2014
Page 4
regulation of accessory uses in the Riverfront Crossings Zones and amending the
special exception criteria for drive- throughs ", be given second vote.
A public hearing was held on a resolution authorizing conveyance of a single family
home located at 324 North Lucas Street. No one appeared.
Moved by Mims, seconded by Dickens, to adopt RES. 14 -152, AUTHORIZING
CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 324 NORTH LUCAS
STREET.
A public hearing was held on a resolution authorizing conveyance of a single family
home located at 1821 B Street. No one appeared.
Moved by Dobyns, seconded by Botchway, to adopt RES. 14 -153, AUTHORIZING
CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1821 B STREET.
Moved by Mims, seconded by Payne, to adopt RES. 14 -154, ACCEPTING
PAYMENT OF A $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM
CVS PHARMACY.
A hearing was held on a resolution assessing 300.00 civil penalty against Happy
Daze, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson County Atty.
Andy Chappell appeared.
Moved by Payne, seconded by Mims, to adopt RES. 14 -155, ASSESSING A
$300.00 CIVIL PENALTY AGAINST HAPPY DAZE.
A hearing was held on a resolution assessing a $300.00 civil penalty against North
Dodge Sinclair, pursuant to Iowa Code Section 453A.22(2) (2013). Asst. Johnson
County Atty. Andy Chappell appeared.
Moved by Dobyns, seconded by Botchway, to adopt RES. 14 -156, ASSESSING A
$300.00 CIVIL PENALTY AGAINST NORTH DODGE SINCLAIR. The Mayor declared
the resolution adopted 6/0/1, Dickens abstaining.
A hearing was held on a resolution assessing a civil penalty of either $1500.00 or a
thirty day permit suspension against North Dodge Sinclair, pursuant to Iowa Code
Section 453A.22(2) (2013), Asst. Johnson County Atty. Andy Chappell appeared.
Moved by Mims, seconded by Botchway, to adopt RES. 14 -157, ASSESSING A
$1500.00 CIVIL PENALTY OR THIRTY DAY RETAIL CIGARETTE PERMIT
SUSPENSION AGAINST NORTH DODGE SINCLAIR. Asst. Johnson County Atty.
Andy Chappell appeared. The Mayor declared the resolution adopted 6/0/1, Dickens
abstaining.
Moved by Mims, seconded by Botchway. to adopt RES. 14 -158 ACCEPTING
PAYMENT OF A $1500 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING
FROM THE DEN.
Moved by Mims, seconded by Botchway to adopt RES. 14 -159 ACCEPTING USE
OF SECTION 453A.22(3) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY
BY GASBY'S. Asst. Johnson County Atty. Andy Chappell appeared.
A hearing was held on a resolution assessing a civil penalty of either $1500.00 or a
thirty day permit suspension against The Convenience Store, pursuant to Iowa Code
Section 453A.22(2) (2013). Asst. Johnson County Atty. Andy Chappell appeared.
Moved by Dickens, seconded by Payne, to adopt RES. 14 -160, ASSESSING
$1500.00 CIVIL PENALTY OR THIRTY DAY RETAIL CIGARETTE PERMIT
SUSPENSION AGAINST THE CONVENIENCE STORE.
Complete Description
May 20, 2014
Page 5
A hearing was held on a resolution assessing a civil penalty of $1500.00 and a thirty
day permit suspension against The Convenience Store, pursuant to Iowa Code Section
453A.22(2) 2013. Asst. Johnson County Atty. Andy Chappell appeared.
Moved by Payne, seconded by Mims, to adopt RES. 14 -161, ASSESSING $1500.00
CIVIL PENALTY AND THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION
AGAINST THE CONVENIENCE STORE.
A hearing was held on a resolution assessing a civil penalty of either $1500.00 or a
thirty day permit suspension against Zombies, pursuant to Iowa Code Section
453A.22(2) (2013). Asst. Johnson County Atty. Andy Chappell appeared.
Moved by Payne, seconded by Botchway, to adopt RES. 14 -162, ASSESSING
$1500.00 CIVIL PENALTY OR THIRTY DAY RETAIL CIGARETTE PERMIT
SUSPENSION AGAINST ZOMBIES.
Moved by Payne, seconded by Throgmorton, that ORD. 14 -4583, 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
passed and adopted.
Moved by Payne, seconded by Botchway, that ORD. 14 -4584, AMENDING TITLE 3,
"CITY FINANCES, TAXATION & FEES," CHAPTER 4 "SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES AND PENALTIES," SECTION 3, ENTITLED "POTABLE
WATER USE AND SERVICE," OF THE CITY CODE, TO INCREASE OR CHANGE
WATER SERVICE CHARGES AND FEES, be passed and adopted.
The Mayor noted that no applications were received for the following vacancies and
all will be readvertised: Airport Commission for a four -year term March 1, 2014 — March
1, 2018; Airport Zoning Brd of Adjustment for a five -year term January 1, 2014 —
December 31, 2018; Airport Zoning Brd of Adjustment for a five -year term January 1,
2012 - December 31, 2016 (New full term); Appeals, Board of for a five -year term
January 1, 2014 - December 31, 2018; 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.]
The Mayor noted the previously announced vacancies: Citizens' Police Review
Board for an unexpired term, effective upon appointment — September 1, 2015;
Applications must be received by 5:00 p.m., Wednesday, June 11, 2014. Human Rights
Commission to fill an unexpired term, effective upon appointment — January 1, 2015.
Applications must be received by 5:00 p.m., Wednesday, May 28, 2014.
Council Member Botchway reminded everyone of the Summer of the Arts events
starting June 6 th
Council Member Throgmorton reported on several events held on May 15th: a
meeting at the Broadway Neighborhood Center with Congolese refugees and
immigrants; a City of Literature book festival organizing committee meeting; the 10tH
year celebration of the Housing Trust Fund at Trueblood Park.; and the Oakdale
Community Choir concert.
Complete Description
May 20, 2014
Page 6
Council Member Dickens noted the Friday night concert series starts May 23`d, from
6:30 to 9:30 downtown.
Council Member Dobyns reported on three firefighters assisting a couple with car
trouble near Fire Station #2, and stated they were within 100 feet of the truck if they
were called and thought the gesture was worth mentioning.
Moved by Payne, seconded by Mims, to adjourn meeting at 8:30 p.m.
Mi�Td A
Matthew J. y k, Mayor
a
Ju ' oparil, Depu y City Clerk
��` MEMORANDUM 3a(1)
Date: May 14, 2014
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, May 6, 2014, 5:00 PM in Emma J. Harvat Hall
Council: Botchway (arrived 5:03), Dickens, Dobyns, Hayek, Mims, Payne (arrives 6:15),
Throgmorton
UISG: McCarthy
Staff: Markus, Fruin, Dilkes, Karr, Andrew, Davidson, Bockenstedt, Fosse, Long,
O'Brien, Yapp, Hart, Steffen, Boothroy, Howard, Miklo, Ralston, Jordan, Moran,
Morris, Ream, Hightshoe
A transcription and power points are available in the City Clerk's Office and on the City website.
QUESTIONS FROM COUNCIL REGARDING AGENDA ITEMS
1. (Consent Calendar item # 4b(7) — Human Rights Commission minutes ... ) Council
Member Throgmorton questioned when Council would be discussing the municipal ID
program. City Manager Markus and City Atty. Dilkes reported the County was talking
with other jurisdictions involved and reporting back to JC Atty. Lyness directly. Staff is
awaiting direction from the County.
2. (Consent Calendar item # 4d(9) — North Plant Salvage and demolition ... resolution
approving agreement... Strand Associates ...) In response to Council Member
Throgmorton, Public Works Dir. Fosse reported the hourly rates quotes for office
production reflected overhead and benefits and the pricing was half or one third other
consultants.
3. (Consent Calendar item # 4d(14) —Grant for climate adaption ... resolution ...) Asst. City
Manager Fruin responded to questions from Council Member Throgmorton regarding the
"global philanthropy partnership ".
4. (Consent Calendar item # 4d(7) — Johnson County Senior Center funding ... ) Mayor Pro
tem Mims stated her disappointment in the amount being funded by the County, and the
ongoing work the City has to do in terms of getting fair compensation from other
government entities in terms of services the City is providing. Council Member Botchway
indicated his interest in the Ad Hoc Senior Services Committee looking into funding.
5. (Consent Calendar item # 4d(6) — Citizens Police Review Board Complaint Extension ... )
In response to Council Member Botchway, City Clerk Karr reported the extension was
necessary to allow the Board to review the video and prepare a report, noting the Board
was having their annual forum and meetings three times in May.
Council Work Session
May 6, 2014
Page 2
6. (Agenda item # 12 ... Aid to Agencies allocations ... ) Council Member Botchway raised
concerns regarding the lower allocation in the Elder Services funding. NDS Community
Development Planner Hightshoe outlined the options available to the Council to increase
funding for the agency; and explained the policy that they followed for recommended
funding this year. Council Member Dobyns indicated he was going to discuss revenue
changes that are occurring regarding to senior service applications in the community at the
Ad Hoc Senior Services Commission. Individual Council Members discussed the
recommendation possible methods of increasing funding.
(Agenda item # 9 ... Amending the FY2014 Operating Budget ...) In response to
Council Member Throgmorton noted a $717,000 met increase in the fund balance, and
questioned using some to soften the impact for Elder Services funding. The Mayor
suggested further discussion on that that option be discussed at the formal meeting.
CONTINUED DISCUSSION ON THE RIVERFRONT CROSSINGS FORM BASED CODE
[# 6a]
NDS Urban Planner Howard reviewed the memo containing questions and staff answers
provided to Council in the materials, and responded to additional questions. Majority of Council
agreed to proceed with minor amendments concerning Table 2G -5, Permitted Frontage; Table
2G -7, Permitted Parking Types; and Paragraph 14- 2G -7G -7, Height Bonus for Leadership in
Energy and Environmental Design.
DISCUSS PLASTIC BAG REGULATIONS (MPOJC) [IP3 of 5/1 & IP10, #11 of 3127 Info
Packet
Recycling Coordinator Jordon present for discussion. Majority of Council were interested in
pursuing public education, especially with the school age children, and a voluntary one week
plastic bag ban.
ACTION: Staff will follow up and provide information to Council. (Fosse, Jordan)
INFORMATION PACKET DISCUSSION [April 17, 24, May 11
April 17
1. (IP3 — Memo from Asst. City Manager: Food Truck Film Short Flier) In response to
Council Member Botchway, Asst. City Manager Fruin reported staff has been working
with food vendors and may have something to report at the May 20 meeting.
April 24
1. (IP3 — Memo from City Manager: Payment in Lieu of Taxes (PILOT) Agreements)
Council Members acknowledged the well written comprehensive report, and added the
item to the pending list for discussion at a later meeting.
2. (IP8 — Memo Neighborhood Service Coordinator: ...Attendance Area Development
Proposal) Council Member Payne stated the memo referred to a map being attached,
and there was no map. NDS Neighborhood Coordinator Long present for discussion.
Staff will follow up and ensure the map is attached when the information packet is
finalized.
3. (IP10 and IP11 —Articles ... City Manager ) Mayor Pro tem Mims thanked the City
Manager for the interesting and informative articles.
Council Work Session
May 6, 2014
Page 3
May 1
1. (IP4 — Memo from Development Services Coordinator ..... Outdoor Service Areas ... for
commercial uses in residential zones) In response to Council Member Dobyns, a
majority of Council agreed to forward staff recommendation to the Planning and Zoning
Commission. Development Services Coordinator Yapp present for discussion.
2. (1136 —Memo form City Clerk..
the following schedule:
May 14 - Mims
May 21 - Payne
May 28 - Dickens
June 4 - Botchway
June 11 - Throgmorton
June 18 — Dobyns
KXIC Radio Show) After discussion a majority agreed to
3. (IP8 — Email form City Manager to School Sup.: ...Cluster 2 attendance area) Council
Member Throgmorton stated he appreciated the email exchange on the topic.
4. (IP10 — Press Release: Iowa City Retains Moody's Aaa Bond Rating) Mayor Pro tem
Mims congratulated staff on retaining the triple A rating.
COUNCIL TIME AND MEETING SCHEDULE
No discussion
PENDING WORK SESSION TOPICS [IP# 5 of 5/1 Info Packetl
Council Member Throgmorton requested that continued discussion of the possible conversion of
some offenses from simple misdemeanors to municipal infractions be added back on the
pending list, and noted his memo in the April 10 information packet. There were not three
members interested in scheduling further discussion.
UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS
1. Council Member Throgmorton stated he would be participating in the Bike Ride the
following week; and attending the Congolese Refuge planning meeting at the Broadway
Center.
2. Council Member Botchway reminded everyone of the Dream Center fundraiser at the
Englert featuring Greg Brown.
Meeting adjourned 6:45 PM.
3a�
Subject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356 -5040.
The cost of publishing the following proceedings and claims is $
Cumulative cost for this calendar year for said publication is $_
OFFICIAL COUNCIL ACTIONS — 5/6/14
Iowa City City Council Regular meeting, 7:00 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Botchway, Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton. Absent: None.
The Mayor presented Outstanding Student Citizenship Awards to Lemme
Elementary students: Mark McLaughlin, Sophia Surom, Avery Wilson.
The Mayor proclaimed: Bicycle Month — May, Anne Duggan, Think Bikes and Bike
to Work Committee accepting; Project GREEN Day — May 10, Diane Allen and Cindy
Parsons Project GREEN Co- Presidents, accepting; Dottie Ray Day — May 13, Dottie's
daughter Amy Kannellis and Jay Capron, KXIC, accepted.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved and seconded that the items and recommendations in the Consent Calendar
be received, or approved, and /or adopted as amended:
Approval of Council Actions, subject to corrections, as recommended by the City
Clerk: April 1 Work Session; April 15 Work Session; April 15 Regular Formal Official
& Complete; April 25 Special 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 — March 12; Charter Review Commission — April 8; Citizens Police
Review Board — March 11; Historic Preservation Commission — March 13; Housing
and Community Development Commission — February 20; Housing and Community
Development Commission — March 6; Human Rights Commission — March 18;
Library Board of Trustees — March 27; Planning and Zoning Commission (formal) —
April 3; Public Art Advisory Committee — March 6.
Permit Motions and Resolutions as recommended by the City Clerk. Renewal:
Class C Beer Permit for Dollar General Store #8137, 41 Highway 1 W.; Special
Class C Liquor License for Joensy's Rest.; 2563 North Dodge St.; Class C Liquor
License for The Vine Tavern & Eatery, 330 E. Prentiss Special Class C Liquor
License for Riverside Theatre, 213 N. Gilbert St.; Transfer of Special Class C Liquor
License for Riverside Theatre to City Park (June 19 — July 13, 2014); Class C Liquor
License for Shakespeare's, 819 1St Ave. S.; Class C Liquor License for Sports
Column, 12 S. Dubuque St.; Class C Liquor License and Ownership change for
Cactus Mexican Grill & Cantina, 245 S. Gilbert St.; Outdoor Service Area for
Givanni's, 109 E. College St.; Outdoor Service Area for Quinton's Bar & Deli, 215
Washington St.; Outdoor Service Area for Brown Bottle, 115 Washington St.;
Outdoor Service Area for El Bandito's, 327 Market St.; Outdoor Service Area for Pita
Pit, 113 Iowa Ave.; Outdoor Service Area for Java House, 211 % Washington St.;
Outdoor Service Area for Heirloom Salad Company, 211 Washington St.; Outdoor
Service Area for Linn Street Cafe, 121 N. Linn St.; Outdoor Service Area for The
Vine Tavern & Eatery, 330 E. Prentiss St.; Outdoor Service Area for Iron Hawk, 122
Washington St.; Outdoor Service Area for Blue Bird Diner, 330 Market St. New:
Outdoor Service Area for Blackstone, 503 Westbury Dr. Suite 1 Outdoor Service
Area for High Ground Cafe, 301 E. Market St.
Official Actions
May 6, 2014
Page 2
Resolutions and Motions: RES. 14 -112, APPROVING AN AMENDMENT TO
LEASE WITH MERSCHMAN SEEDS, INC. TO LEASE AN ACCESS WAY FROM
MORMON TREK BLVD. TO THE NORTH / SOUTH RUNWAY; RES. 14 -113,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY
LOCATED AT 1552 DICKENSON LANE, IOWA CITY, IOWA; RES. 14 -114,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN
AGREEMENT WITH RIVERSIDE THEATRE THAT ALLOWS THE SALE OF WINE
AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK FROM JUNE 19,
2014 THROUGH JULY 13, 2014; Approve disbursements in the amount of
$11,194,167.14 for the period of January 1 through January 31, 2014, as
recommended by the Finance Director subject to audit; Approve disbursements in
the amount of $7,932,710.48 for the period of February 1 through February 28,
2014, as recommended by the Finance Director subject to audit; Granting a 45 -day
extension to the Citizens Police Review Board for the filing of the public report with
the City Council on Complaint #13 -07; RES. 14 -115, AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A GRANT AGREEMENT WITH
JOHNSON COUNTY FOR FUNDS TO SUPPORT THE IOWA CITY /JOHNSON
COUNTY SENIOR CENTER; RES. 14 -116, AMENDING THE BUDGETED
POSITIONS IN THE STREETS AND SOLID WASTE DIVISION OF THE PUBLIC
WORKS DEPARTMENT AND THE AFSCME PAY PLAN BY RECLASSIFYING THE
CLERK/TYPIST — SOLID WASTE POSITION TO ONE FULL -TIME SENIOR
CLERK/TYPIST — STREETS AND SOLID WASTE POSITION; RES. 14 -117,
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 STRAND ASSOCIATES, INC. TO PROVIDE ENGINEERING
CONSULTANT SERVICES FOR THE NORTH PLANT SALVAGE AND
DEMOLITION PHASE OF THE IOWA CITY WASTEWATER TREATMENT PLANT
RELOCATION PROJECT; RES. 14 -118, ACCEPTING THE WORK FOR THE
SOUTH HICKORY HILL PARK SAFE ROOM PROJECT; RES. 14 -119,
RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY PUBLIC WORKS
FUEL FACILITY PROJECT; RES. 14 -120, 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 GERSHMAN,
BRICKNER & BRATTON, INC. TO PROVIDE ENGINEERING CONSULTANT
SERVICES FOR THE ALTERNATIVE SOLID WASTE DISPOSAL PROPOSAL
EVALUATION; RES. 14 -121, AUTHORIZING THE PROCUREMENT OF TRAINING
FOR ESRI SOFTWARE; RES. 14 -122, AUTHORIZING THE CITY MANAGER TO
SIGN AND ACCEPT A GRANT FROM THE URBAN SUSTAINABILITY DIRECTORS
NETWORK FOR CLIMATE ADAPTATION PLANNING.
Setting Public Hearings: RES. 14 -123, SETTING PUBLIC HEARING FOR MAY
20, 2014, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT
324 NORTH LUCAS STREET; Setting a public hearing for May 20 on a resolution
approving an amendment to the Comprehensive Plan — Downtown and Riverfront
Crossings master plan to include a section on affordable housing; Setting a public
hearing for May 20 on a rezoning ordinance to designate the Goosetown / Horace
Mann Conservation District as a Conservation District Overlay (OCD) Zone. (REZ -14-
Official Actions
May 6, 2014
Page 3
00004); RES. 14 -124, SETTING PUBLIC HEARING FOR MAY 20, 2014, TO
CONSIDER A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED 1821
B STREET.
Correspondence: Kathryn Kunert, MidAmerican Energy Company regarding
Annual Report; Derek Parker; Courtney Sobask; David Pauly regarding Peninsula
Development Restaurant; John Zielinski regarding America's Children MIA Over 3
Million Disappeared INSANITY; Carol Thompson regarding Senior Center (This item
has been forwarded to the AD Hoc Senior Services Committee); Joseph M. Jason
regarding Criticism of Iowa City Police Department, Johnson County Prosecutor and
Johnson County Board of Supervisors [Staff response included]; Debra DeLaet,
Rachel Gold; Amanda Darnall, Felix Goodmann Christopher Goodmann; Michele
McAtee; Erica Bried regarding Iowa City School District Redistricting [Supt. response
attached]; Edwin Benjamin, Midwest One Bank; Brad Langguth, Hills Bank and Trust
Company; Scott Wilson, U of I Community Credit Union regarding Building Change
Program [Staff memo included]; Nancy Goeken regarding Responsibility for Roads
(new North High School); Letters from 69 individuals regarding Iowa City
Wastewater Treatment Facility; Email from K. Warner regarding Request for
litigation Results — Purchasing Study [Staff response included]; Christopher Noun
regarding Thank you to Elected Officials.
Mary Gravitt, 2714 Wayne Ave., appeared regarding the new bus shelter recently
installed near Aldi's, and questioned why it had only three sides and no bench;
concerns with City licensing and inspection services of rental properties; and Johnson
County funding for SEATS. Brandon Ross, 1822 Rochester Ave., thanked Council for
the Bicycle Month proclamation; and environmental issues, including lawn chemicals
and pesticides. Martha Norbeck, 906 S. 7th Ave., raised concerns regarding the money
being spent on the agreement for alternative solid waste disposal proposal evaluation.
A public hearing was held on an ordinance amending Title 14: Zoning, adding Article
14 -2G, Riverfront Crossings Form -Based Development Standards, and amending other
associated parts of Title 14 to integrate the Form Based Code. The following individuals
appeared: Jiyun Park, 20 Rocky Shore Dr.; Bob Welsh, 84 Penfro; Martha Norbeck,
906S.7 th Ave.
Moved and seconded that the ordinance amending Title 14: Zoning, adding Article
14 -2G, Riverfront Crossings Form -Based Development Standards, and amending other
associated parts of Title 14 to integrate the Form Based Code, and to include three
amendments (1) Table 2G -5, Permitted Frontage Types, to indicate that forecount
frontages may be permitted for "Apartment Buildings. "; (2) Table 2G -7, Permitted
Parking Types, to indicate that "integrated structured parking" is permitted for
"Apartment Building. "; and (3) In paragraph 14- 2G -7G -7, Height Bonus for Leadership in
Energy and Environmental Design, by amending the first sentence to read, "Up to four
additional floors of building heights may be granted for projects that are designed to
meet high standards with regard to energy efficiency and environmental stewardship,
according to LEED or other similar environmental or energy- efficiency rating system. In
general, the higher the level of energy efficiency or environmental stewardship
demonstrated, the greater the bonus. ", be given first vote. Moved and seconded to
accept correspondence from Martha Norbeck, Jiyun Park. Moved and seconded, to
direct staff City staff and the Planning & Zoning Commission to discuss or consider
Official Actions
May 6, 2014
Page 4
inclusionary zoning and other affordable housing incentives in the form -based Code
(and report back to the City Council with a recommendation).
A public hearing was held on an ordinance amending Title 14: Zoning, Article 4C,
Accessory Uses and Buildings, to address differences in the regulation of accessory
uses in the Riverfront Crossings Zones and amending the Special Exception criteria for
drive - throughs ".
Moved and seconded that ordinance amending Title 14: Zoning, Article 4C,
Accessory Uses and Buildings, to address differences in the regulation of accessory
uses in the Riverfront Crossings Zones and amending the Special Exception criteria for
drive - throughs ", be given first vote.
A public hearing was held on an ordinance amending Title 14: Zoning, Article 5B,
Sign Regulations, to broaden the storefront signage types and sizes allowed in
commercial zones and to regulate temporary window signs.
Moved and seconded that ordinance amending Title 14: Zoning, to broaden the
storefront signage types and sizes allowed in commercial zones and to regulate
temporary window signs, be given first vote.
Moved and seconded that ORD. 14 -4580, CONDITIONALLY REZONING 8.7
ACRES OF PROPERTY FROM NEIGHBORHOOD COMMERCIAL (CN -1) ZONE TO
COMMUNITY COMMERCIAL (CC -2) ZONE LOCATED WEST OF MORMON TREK
BOULEVARD, NORTH OF WESTWINDS DRIVE (REZ12- 00001), be passed and
adopted.
A public hearing was held on a resolution authorizing conveyance of a single family
home located at 1116 East Burlington Street.
Moved and seconded to adopt RES. 14 -125, AUTHORIZING CONVEYANCE OF A
SINGLE FAMILY HOME LOCATED AT 1116 EAST BURLINGTON STREET.
A public hearing was held on a resolution authorizing the filing of an application with
the Iowa Department of Transportation for FY2015 Iowa DOT State Transit Assistance
and Federal Transit Administration Funding.
Moved and seconded to adopt RES. 14 -126, AUTHORIZING THE FILING OF AN
APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR
FY2015 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT
ADMINISTRATION FUNDING.
A public hearing was held on a resolution amending the FY2014 Operating Budget.
Moved and seconded to adopt RES. 14 -127, AMENDING THE CURRENT BUDGET
FOR THE FISCAL YEAR ENDING JUNE 30, 2014.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the 2014 Storm Sewer
Improvements 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. 14 -128, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE 2014 STORM SEWER IMPROVEMENTS PROJECT,
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID,
DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME
AND PLACE FOR RECEIPT OF BIDS.
Official Actions
May 6, 2014
Page 5
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the Animal Care and Adoption
Center 2014 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. 14 -129, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE ANIMAL CARE AND ADOPTION CENTER 2014
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. 14 -130, ALLOCATING HUMAN SERVICES
AID TO AGENCIES FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2015. The
following individuals appeared: Susan Blodgett, 2362 Catskill Ct.; Terry Cunningham,
554 Westside Dr.; Carol Sweeting, 435 Peterson St.; Becci Reddis, Ex. Dir. of the Crisis
Center, 1121 Gilbert Ct.; Manora Shelton, Autumn Park; Brian Kaskie, Elder Services
Board; Vicki Lensing, 2409 Mayfield Rd. Moved and seconded to increase the funding
for Elder Services to $30,010 by taking $18,810 from the General Fund and
supplementing the budgeted amount. The Mayor declared the amendment carried, 5/2,
with the following voice vote: Ayes: Botchway, Dickens, Dobyns, Mims, Throgmorton.
Nays: Hayek, Payne. The Mayor declared the amended resolution adopted. Moved
and seconded to accept correspondence from Mary Vance.
Moved and seconded to adopt RES. 14 -131, ADOPTING IOWA CITY'S FY15
ANNUAL ACTION PLAN WHICH IS A SUB -PART OF IOWA CITY'S 2011 -2015
CONSOLIDATED PLAN (CITY STEPS) AND AUTHORIZING THE CITY MANAGER TO
SUBMIT SAID PLAN AND AMENDMENTS AND ALL NECESSARY CERTIFICATIONS
TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND
DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE
OFFICER.
Moved and seconded to adopt RES. 14 -132, ADOPTING IOWA CITY'S FY14
ANNUAL ACTION PLAN AMENDMENT #2, WHICH IS A SUB -PART OF IOWA CITY'S
2011 -2015 CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY
MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO
THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
Moved and seconded to adopt RES. 14 -133, DIRECTING SALE OF $11,980,000
GENERAL OBLIGATION BONDS, SERIES 2014.
Moved and seconded to approve a Tax Exemption Certificate for the issuance of
$11,980,000 General Obligation Bonds, Series 2014, and levying a tax to pay said
bonds.
Moved and seconded to approve a Continuing Disclosure Certificate for the
issuance of $11,980,000 General Obligation Bonds, Series 2014, and levying a tax to
pay said bonds.
Moved and seconded to adopt RES. 14 -134, AUTHORIZING AND PROVIDING
FOR THE ISSUANCE OF $11,980,000 GENERAL OBLIGATION BONDS, SERIES
2014, AND LEVYING A TAX TO PAY SAID BONDS.
Moved and seconded that the ordinance amending Title 3, entitled "Finances,
Taxation & Fees," Chapter 4 entitled "Schedule of Fees, Rates, Charges, Bonds, Fines
Official Actions
May 6, 2014
Page 6
and Penalties," Section 5 entitled "Solid Waste Disposal," of the City Code to increase
or change residential Solid Waste Collection Fees, be given second vote.
Moved and seconded that the ordinance amending Title 3, "City Finances, Taxation
& Fees," Chapter 4 "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties,"
Section 3 entitled "Potable Water Use and Service," of the City Code, to increase or
change water service charges and fees in Iowa City, Iowa, be given second vote.
Moved and seconded that ORD. 14 -4581, AMENDING TITLE 9, ENTITLED
"MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE
ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS," SUBSECTION B,
ENTITLED "EXCEPTIONS ", be passed and adopted. The Mayor declared the
ordinance adopted, 5/2. Moved and seconded to accept correspondence from Jenny
Van Der Weide, William Coleman x2, Monica Maloney - Mitros, Frank Mitros.
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. 14 -4582, AMENDING TITLE 17, ENTITLED "BUILDING AND HOUSING,"
CHAPTER 4, ENTITLED "MECHANICAL CODE," BY AMENDING THE
INTERNATIONAL MECHANICAL CODE, 2009 EDITION, TO REGULATE
COMMERCIAL KITCHEN HOOD TERMINATION LOCATIONS, be voted on for final
passage at this time. The Mayor declared the motion carried. Moved and seconded
that the ordinance be finally adopted at this time.
The Mayor noted the current vacancy to the Citizens' Police Review Board for an
unexpired term, effective upon appointment — September 1, 2015. Applications must be
received by 5:00 p.m., Wednesday, June 11, 2014. Moved and seconded to accept
correspondence from Donald King.
The Mayor noted the previously announced vacancies: Airport Commission for a
four -year term March 1, 2014 — March 1, 2018; Airport Zoning Brd of Adjustment for a
five -year term January 1, 2014 — December 31, 2018; Airport Zoning Brd of Adjustment
— One vacancy to fill a five -year term January 1, 2012 - December 31, 2016 (New full
term); Appeals, Board of for a five -year term January 1, 2014 - December 31, 2018;
Historic Preservation Commission for a Jefferson St. representative to fill three -year
terms, March 29, 2013 — March 29, 2016 (New District formed). Applications must be
received by 5:00 p.m., Wednesday, May 7, 2014; Human Rights Commission for an
unexpired term, effective upon appointment — January 1, 2015. Applications must be
received by 5:00 p.m., Wednesday, May 28, 2014. Applicants MUST reside in Iowa
City and be 18 years of age unless specific qualifications are stated. [Staff will not
publish additional notices after a period of six publications; but will continue to advertise
vacancies with postings and on the Council agenda. However, no additional publication
costs will be incurred.]
Moved and seconded to adjourn meeting at 9:20 p.m.
A more complete description of Council Activities and disbursements is on file in the
office of the City Clerk and Finance Department.
s /Matthew J. Hayek, Mayor
s /Marian K. Karr, City Clerk
Submitted for publication — 5/13/14. -
Subject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356 -5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
MAY 6, 2014
Iowa City City Council Regular meeting, 7:00 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Botchway, Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton. Absent: None. Staff members present: Markus, Fruin, Dilkes,
Karr, Miklo, Andrew, O'Brien, Bockenstedt, Fosse, Howard, Yapp, Boothroy, Steffen,
Scott, Morris, Long, Goodman.
The Mayor presented Outstanding Student Citizenship Awards to Lemme
Elementary students: Mark McLaughlin, Sophia Surom, Avery Wilson.
The Mayor proclaimed: Bicycle Month — May, Anne Duggan, Think Bikes and Bike
to Work Committee accepting; Project GREEN Day — May 10, Diane Allen and Cindy
Parsons Project GREEN Co- Presidents, accepting; Dottie Ray Day — May 13, Dottie's
daughter Amy Kannellis and Jay Capron, KXIC, accepted.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Mims, seconded by Dobyns, 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 1 Work Session; April 15 Work Session; April 15 Regular Formal Official
& Complete; April 25 Special 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 — March 12; Charter Review Commission — April 8; Citizens Police
Review Board — March 11; Historic Preservation Commission — March 13; Housing
and Community Development Commission — February 20; Housing and Community
Development Commission — March 6; Human Rights Commission — March 18;
Library Board of Trustees — March 27; Planning and Zoning Commission (formal) —
April 3; Public Art Advisory Committee — March 6.
Permit Motions and Resolutions as recommended by the City Clerk. Renewal:
Class C Beer Permit for DOLGENCORP, LLC., dba Dollar General Store #8137, 41
Highway 1 W.; Special Class C Liquor License for Joensy's Rest. Inc., dba Joensy's
Rest.; 2563 North Dodge St.; Class C Liquor License for Kennedy Investments Inc.,
dba The Vine Tavern & Eatery, 330 E. Prentiss Special Class C Liquor License for
Riverside Theatre dba Riverside Theatre, 213 N. Gilbert St.; Transfer of Special
Class C Liquor License for Riverside Theatre to City Park (June 19 — July 13, 2014);
Class C Liquor License for Quzer Inc., dba Shakespeare's, 819 1St Ave. S.; Class C
Liquor License for Column, Inc., dba Sports Column, 12 S. Dubuque St.; Class C
Liquor License and Ownership change for Cactus Mexican Grill & Cantina, dba
Cactus Mexican Grill & Cantina, 245 S. Gilbert St.; Outdoor Service Area for Etre
Givanni Restaurant LLC., dba Givanni's, 109 E. College St.; Outdoor Service Area
for Lusati, Inc., dba Quinton's Bar & Deli, 215 Washington St.; Outdoor Service Area
for ICBB, LTD., dba Brown Bottle, 115 Washington St.; Outdoor Service Area for
Bandits, LLC., dba El Bandito's, 327 Market St.; Outdoor Service Area for Morrowco
LLC., dba Pita Pit, 113 Iowa Ave.; Outdoor Service Area for Iowa City Coffee
Company, dba Java House, 211 % Washington St.; Outdoor Service Area for Iowa
City Coffee Company, dba Heirloom Salad Company, 211 Washington St.; Outdoor
Service Area for Linn Street Cafe Inc., dba Linn Street Cafe, 121 N. Linn St.;
Complete Description
May 6, 2014
Page 2
Outdoor Service Area for Kennedy Investments, Inc., dba The Vine Tavern & Eatery,
330 E. Prentiss St.; Outdoor Service Area for Iron Hawk LLC., dba Iron Hawk, 122
Washington St.; Outdoor Service Area for 2 -Tone, Inc., dba Blue Bird Diner, 330
Market St. New: Outdoor Service Area for Jaxco, LLC., dba Blackstone, 503
Westbury Dr. Suite 1 Outdoor Service Area for The High Ground Cafe, L.L.C., dba
High; Ground Cafe, 301 E. Market St.
Resolutions and Motions: RES. 14 -112, APPROVING AN AMENDMENT TO
LEASE WITH MERSCHMAN SEEDS, INC. TO LEASE AN ACCESS WAY FROM
MORMON TREK BLVD. TO THE NORTH / SOUTH RUNWAY; RES. 14 -113,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY
LOCATED AT 1552 DICKENSON LANE, IOWA CITY, IOWA; RES. 14 -114,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN
AGREEMENT WITH RIVERSIDE THEATRE THAT ALLOWS THE SALE OF WINE
AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK FROM JUNE 19,
2014 THROUGH JULY 13, 2014; Approve disbursements in the amount of
$11,194,167.14 for the period of January 1 through January 31, 2014, as
recommended by the Finance Director subject to audit; Approve disbursements in
the amount of $7,932,710.48 for the period of February 1 through February 28,
2014, as recommended by the Finance Director subject to audit; Granting a 45 -day
extension to the Citizens Police Review Board for the filing of the public report with
the City Council on Complaint #13 -07; RES. 14 -115, AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A GRANT AGREEMENT WITH
JOHNSON COUNTY FOR FUNDS TO SUPPORT THE IOWA CITY /JOHNSON
COUNTY SENIOR CENTER; RES. 14 -116, AMENDING THE BUDGETED
POSITIONS IN THE STREETS AND SOLID WASTE DIVISION OF THE PUBLIC
WORKS DEPARTMENT AND THE AFSCME PAY PLAN BY RECLASSIFYING THE
CLERK/TYPIST — SOLID WASTE POSITION TO ONE FULL -TIME SENIOR
CLERK/TYPIST — STREETS AND SOLID WASTE POSITION; RES. 14 -117,
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 STRAND ASSOCIATES, INC. TO PROVIDE ENGINEERING
CONSULTANT SERVICES FOR THE NORTH PLANT SALVAGE AND
DEMOLITION PHASE OF THE IOWA CITY WASTEWATER TREATMENT PLANT
RELOCATION PROJECT; RES. 14 -118, ACCEPTING THE WORK FOR THE
SOUTH HICKORY HILL PARK SAFE ROOM PROJECT; RES. 14 -119,
RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY PUBLIC WORKS
FUEL FACILITY PROJECT; RES. 14 -120, 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 GERSHMAN,
BRICKNER & BRATTON, INC. TO PROVIDE ENGINEERING CONSULTANT
SERVICES FOR THE ALTERNATIVE SOLID WASTE DISPOSAL PROPOSAL
EVALUATION; RES. 14 -121, AUTHORIZING THE PROCUREMENT OF TRAINING
FOR ESRI SOFTWARE; RES. 14 -122, AUTHORIZING THE CITY MANAGER TO
SIGN AND ACCEPT A GRANT FROM THE URBAN SUSTAINABILITY DIRECTORS
NETWORK FOR CLIMATE ADAPTATION PLANNING.
Complete Description
May 6, 2014
Page 3
Setting Public Hearings: RES. 14 -123, SETTING PUBLIC HEARING FOR MAY
20, 2014, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT
324 NORTH LUCAS STREET; Setting a public hearing for May 20 on a resolution
approving an amendment to the Comprehensive Plan — Downtown and Riverfront
Crossings master plan to include a section on affordable housing; Setting a public
hearing for May 20 on a rezoning ordinance to designate the Goosetown / Horace
Mann Conservation District as a Conservation District Overlay (OCD) Zone. (REZ -14-
00004); RES. 14 -124, SETTING PUBLIC HEARING FOR MAY 20, 2014, TO
CONSIDER A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED 1821
B STREET.
Correspondence: Kathryn Kunert, MidAmerican Energy Company regarding
Annual Report; Derek Parker; Courtney Sobask; David Pauly regarding Peninsula
Development Restaurant; John Zielinski regarding America's Children MIA Over 3
Million Disappeared INSANITY; Carol Thompson regarding Senior Center (This item
has been forwarded to the AD Hoc Senior Services Committee); Joseph M. Jason
regarding Criticism of Iowa City Police Department, Johnson County Prosecutor and
Johnson County Board of Supervisors [Staff response included]; Debra DeLaet,
Rachel Gold; Amanda Darnall, Felix Goodmann Christopher Goodmann; Michele
McAtee; Erica Bried regarding Iowa City School District Redistricting [Supt. response
attached]; Edwin Benjamin, Midwest One Bank; Brad Langguth, Hills Bank and Trust
Company; Scott Wilson, U of I Community Credit Union regarding Building Change
Program [Staff memo included]; Nancy Goeken regarding Responsibility for Roads
(new North High School); Letters from 69 individuals regarding Iowa City
Wastewater Treatment Facility; Email from K. Warner regarding Request for
litigation Results — Purchasing Study [Staff response included]; Christopher Noun
regarding Thank you to Elected Officials.
Mary Gravitt, 2714 Wayne Ave., appeared regarding the new bus shelter recently
installed near Aldi's, and questioned why it had only three sides and no bench;
concerns with City licensing and inspection services of rental properties; and Johnson
County funding for SEATS. Brandon Ross, 1822 Rochester Ave., thanked Council for
the Bicycle Month proclamation; and environmental issues, including lawn chemicals
and pesticides. Martha Norbeck, 906 S. 7th Ave., raised concerns regarding the money
being spent on the agreement for alternative solid waste disposal proposal evaluation.
A public hearing was held on an ordinance amending Title 14: Zoning, adding Article
14 -2G, Riverfront Crossings Form -Based Development Standards, and amending other
associated parts of Title 14 to integrate the Form Based Code. The following individuals
appeared: Jiyun Park, 20 Rocky Shore Dr.; Bob Welsh, 84 Penfro; Martha Norbeck,
906S.7 th Ave.
Moved by Throgmorton, seconded by Dobyns, that the ordinance amending Title 14:
Zoning, adding Article 14 -2G, Riverfront Crossings Form -Based Development
Standards, and amending other associated parts of Title 14 to integrate the Form Based
Code, and to include three amendments (1) Table 2G -5, Permitted Frontage Types, to
indicate that forecount frontages may be permitted for "Apartment Buildings. "; (2) Table
2G -7, Permitted Parking Types, to indicate that "integrated structured parking" is
permitted for "Apartment Building. "; and (3) In paragraph 14- 2G -7G -7, Height Bonus for
Leadership in Energy and Environmental Design, by amending the first sentence to
read, "Up to four additional floors of building heights may be granted for projects that
Complete Description
May 6, 2014
Page 4
are designed to meet high standards with regard to energy efficiency and environmental
stewardship, according to LEED or other similar environmental or energy- efficiency
rating system. In general, the higher the level of energy efficiency or environmental
stewardship demonstrated, the greater the bonus. ", be given first vote. Individual
Council Members expressed their views. Moved by Payne, seconded by Mims, to
accept correspondence from Martha Norbeck, Jiyun Park. Moved by Botchway,
seconded by Mims, to direct staff City staff and the Planning & Zoning Commission to
discuss or consider inclusionary zoning and other affordable housing incentives in the
form -based Code (and report back to the City Council with a recommendation).
A public hearing was held on an ordinance amending Title 14: Zoning, Article 4C,
Accessory Uses and Buildings, to address differences in the regulation of accessory
uses in the Riverfront Crossings Zones and amending the Special Exception criteria for
drive - throughs ". NDS Planner Howard present for discussion.
Moved by Dobyns, seconded by Dickens, that ordinance amending Title 14: Zoning,
Article 4C, Accessory Uses and Buildings, to address differences in the regulation of
accessory uses in the Riverfront Crossings Zones and amending the Special Exception
criteria for drive - throughs ", be given first vote.
A public hearing was held on an ordinance amending Title 14: Zoning, Article 5B,
Sign Regulations, to broaden the storefront signage types and sizes allowed in
commercial zones and to regulate temporary window signs. NDS Senior Planner Miklo
presented a power point.
Moved by Dobyns, seconded by Payne, that ordinance amending Title 14: Zoning, to
broaden the storefront signage types and sizes allowed in commercial zones and to
regulate temporary window signs, be given first vote.
Moved by Mims, seconded by Payne, that ORD. 14 -4580, CONDITIONALLY
REZONING 8.7 ACRES OF PROPERTY FROM NEIGHBORHOOD COMMERCIAL
(CN -1) ZONE TO COMMUNITY COMMERCIAL (CC -2) ZONE LOCATED WEST OF
MORMON TREK BOULEVARD, NORTH OF WESTWINDS DRIVE (REZ12- 00001), be
passed and adopted.
A public hearing was held on a resolution authorizing conveyance of a single family
home located at 1116 East Burlington Street. No one appeared.
Moved by Payne, seconded by Dickens, to adopt RES. 14 -125, AUTHORIZING
CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1116 EAST BURLINGTON
STREET.
A public hearing was held on a resolution authorizing the filing of an application with
the Iowa Department of Transportation for FY2015 Iowa DOT State Transit Assistance
and Federal Transit Administration Funding. No one appeared.
Moved by Mims, seconded by Payne, to adopt RES. 14 -126, AUTHORIZING THE
FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF
TRANSPORTATION FOR FY2015 IOWA DOT STATE TRANSIT ASSISTANCE AND
FEDERAL TRANSIT ADMINISTRATION FUNDING.
A public hearing was held on a resolution amending the FY2014 Operating Budget.
No one appeared.
Moved by Mims, seconded by Botchway, to adopt RES. 14 -127, AMENDING THE
CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2014.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the 2014 Storm Sewer
Complete Description
May 6, 2014
Page 5
Improvements Project, establishing amount of bid security to accompany each bid,
directing City Clerk to publish notice to bidders, and fixing time and place for receipt of
bids. No one appeared.
Moved by Payne, seconded by Throgmorton, to adopt RES. 14 -128, APPROVING
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE 2014 STORM SEWER IMPROVEMENTS PROJECT,
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID,
DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME
AND PLACE FOR RECEIPT OF BIDS.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the Animal Care and Adoption
Center 2014 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. Architectural Services staff Morris present for discussion.
Moved by Payne, seconded by Throgmorton, to adopt RES. 14 -129, APPROVING
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE ANIMAL CARE AND ADOPTION CENTER 2014
PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH
BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING
TIME AND PLACE FOR RECEIPT OF BIDS.
Moved by Mims, seconded by Payne, to adopt RES. 14 -130, ALLOCATING HUMAN
SERVICES AID TO AGENCIES FUNDING FOR THE FISCAL YEAR ENDING JUNE
30, 2015. The following individuals appeared: Susan Blodgett, 2362 Catskill Ct.; Terry
Cunningham, 554 Westside Dr.; Carol Sweeting, 435 Peterson St.; Becci Reddis, Ex.
Dir. of the Crisis Center, 1121 Gilbert Ct.; Manora Shelton, Autumn Park; Brian Kaskie,
Elder Services Board; Vicki Lensing, 2409 Mayfield Rd. Individual Council Members
expressed their views. Moved by Throgmorton, seconded by Dobyns, to increase the
funding for Elder Services to $30,010 by taking $18,810 from the General Fund and
supplementing the budgeted amount. The Mayor declared the amendment carried, 5/2,
with the following voice vote: Ayes: Botchway, Dickens, Dobyns, Mims, Throgmorton.
Nays: Hayek, Payne. The Mayor declared the amended resolution adopted. Moved by
Mims, seconded by Payne, to accept correspondence from Mary Vance.
Moved by Mims, seconded by Payne, to adopt RES. 14 -131, ADOPTING IOWA
CITY'S FY15 ANNUAL ACTION PLAN WHICH IS A SUB -PART OF IOWA CITY'S
2011 -2015 CONSOLIDATED PLAN (CITY STEPS) AND AUTHORIZING THE CITY
MANAGER TO SUBMIT SAID PLAN AND AMENDMENTS AND ALL NECESSARY
CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED
CHIEF EXECUTIVE OFFICER.
Moved by Dickens, seconded by Payne, to adopt RES. 14 -132, ADOPTING IOWA
CITY'S FY14 ANNUAL ACTION PLAN AMENDMENT #2, WHICH IS A SUB -PART OF
IOWA CITY'S 2011 -2015 CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE
CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS
TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Finance
Dir. Bockenstedt present for discussion. Individual Council Members expressed their
appreciation to staff, and noting the retention of the City Aaa bond rating.
Complete Description
May 6, 2014
Page 6
Moved by Mims, seconded by Payne, to adopt RES. 14 -133, DIRECTING SALE OF
$11,980,000 GENERAL OBLIGATION BONDS, SERIES 2014.
Moved by Payne and seconded by Dobyns, to approve a Tax Exemption Certificate
for the issuance of $11,980,000 General Obligation Bonds, Series 2014, and levying a
tax to pay said bonds.
Moved by Payne, seconded by Dobyns, to approve a Continuing Disclosure
Certificate for the issuance of $11,980,000 General Obligation Bonds, Series 2014, and
levying a tax to pay said bonds.
Moved by Payne, seconded by Dobyns, to adopt RES. 14 -134, AUTHORIZING AND
PROVIDING FOR THE ISSUANCE OF $11,980,000 GENERAL OBLIGATION BONDS,
SERIES 2014, AND LEVYING A TAX TO PAY SAID BONDS.
Moved by Mims, seconded by Payne, 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 second vote.
Moved by Payne, seconded by Mims, that the ordinance amending Title 3, "City
Finances, Taxation & Fees," Chapter 4 "Schedule of Fees, Rates, Charges, Bonds,
Fines and Penalties," Section 3 entitled "Potable Water Use and Service," of the City
Code, to increase or change water service charges and fees in Iowa City, Iowa, be
given second vote. City Manager Markus referenced the memo regarding City
assistance available to those that need assistance paying their bills, and questioned
support for the possibility of creating a charitable dues kind of check -off on utility bills I
the future. Council directed staff to investigate the proposal and come back with a
recommendation.
Moved by Dobyns, seconded by Mims, that ORD. 14 -4581, AMENDING TITLE 9,
ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF
THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS," SUBSECTION B,
ENTITLED "EXCEPTIONS ", be passed and adopted. The Mayor declared the
ordinance adopted, 5/2, with the following division of roll call vote: Ayes: Hayek, Mims,
Botchway, Dickens, Dobyns. Nays: Payne, Throgmorton. Moved by Payne, seconded
by Mims, to accept correspondence from Jenny Van Der Weide, William Coleman x2,
Monica Maloney - Mitros, Frank Mitros.
Moved by Mims, seconded by Throgmorton, that the rule requiring ordinances to
be considered and voted on for final passage at two Council meetings prior to the
meeting at which it is to be finally passed be suspended, the second consideration and
vote be waived, and that ORD. 14 -4582, AMENDING TITLE 17, ENTITLED "BUILDING
AND HOUSING," CHAPTER 4, ENTITLED "MECHANICAL CODE," BY AMENDING
THE INTERNATIONAL MECHANICAL CODE, 2009 EDITION, TO REGULATE
COMMERCIAL KITCHEN HOOD TERMINATION LOCATIONS, be voted on for final
passage at this time. The Mayor declared the motion carried. Moved by Mims,
seconded by Dobyns, that the ordinance be finally adopted at this time.
The Mayor noted the current vacancy to the Citizens' Police Review Board for an
unexpired term, effective upon appointment — September 1, 2015. Applications must be
received by 5:00 p.m., Wednesday, June 11, 2014. Moved by Payne, seconded by
Mims, to accept correspondence from Donald King.
The Mayor noted the previously announced vacancies: Airport Commission for a
four -year term March 1, 2014 — March 1, 2018; Airport Zoning Brd of Adjustment for a
Complete Description
May 6, 2014
Page 7
five -year term January 1, 2014 — December 31, 2018; Airport Zoning Brd of Adjustment
— One vacancy to fill a five -year term January 1, 2012 - December 31, 2016 (New full
term); Appeals, Board of for a five -year term January 1, 2014 - December 31, 2018;
Historic Preservation Commission for a Jefferson St. representative to fill three -year
terms, March 29, 2013 — March 29, 2016 (New District formed). Applications must be
received by 5:00 p.m., Wednesday, May 7, 2014; Human Rights Commission for an
unexpired term, effective upon appointment — January 1, 2015. Applications must be
received by 5:00 p.m., Wednesday, May 28, 2014. Applicants MUST reside in Iowa
City and be 18 years of age unless specific qualifications are stated. [Staff will not
publish additional notices after a period of six publications; but will continue to advertise
vacancies with postings and on the Council agenda. However, no additional publication
costs will be incurred.]
Council Member Throgmorton encouraged the community to attend the Grant Wood
neighborhood art project event on May 10t , at 1930 Lakeside Dr..
Mayor Pro tem Mims reported she would be attending the ICAD's STEM event at the
Sheraton on May 9th.
Council Member Dickens stated he was looking forward to Grandparent's Day at
Regina on May 9th.
Council Member Payne reminded everyone that Farmer's Market opened at
Chauncey Swan Ramp on May 3a
Mayor Hayek acknowledged the University of Iowa athletics and United Way
initiative to clean up garbage and improve our downtown area, noting that the swim
team were down in front of his office and thanked them for their work; and recognized
Asst. City Manager Fruin, NDS Neighborhood Services Coordinator Bollinger and
Transportation Services Dir. O'Brien for their assistance in representing the City on the
Herky on Parade Convention and Visitors Bureau event the previous day.
City Manager Markus reminded everyone to remember their mother's on Mother's
Day.
Moved by Payne, seconded by Botchway, to adjourn meeting at 9:20 p.m.
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk