HomeMy WebLinkAbout2015-07-15 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
JULY 15, 2015
Iowa City, special meeting, 5:30 p.m. at City Hall. Mayor Hayek presiding. Council
Members present: Botchway, Dickens, Dobyns, Hayek, Mims, Payne. Absent:
Throgmorton. Staff members present: Markus, Fruin, Dilkes, Karr, Yapp, Grier.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Payne, seconded by Dobyns, that the items and recommendations
contained in the Consent Calendar be received, or approved, and/or adopted as
amended and to delete from the Consent Calendar and consider as a separate item
2d(2) Resolution agreement with agreement with Lepic Kroeger for the 420th Street
Industrial Park:
Approval of Council Actions, subject to corrections, as recommended by the City
Clerk: June 16 Work Session; June 16 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 21; Board of Adjustment — May 13; Citizens Police Review
Board — May 20; Housing and Community Development — April 16; Human Rights
Commission — May 19; Library Board of Trustees— May 28; Parks and Recreation
Commission — May 13; Telecommunications Commission — June 1.
Permit Motions and Resolutions as recommended by the City Clerk.
Renewal: Class C Liquor License for I.C. Mill Associates, LLC., dba Mill
Restaurant, 120 E. Burlington St.; RES. 15-224, TO ISSUE DANCING PERMIT to
I.C. Mill Associates, LLC., dba Mill Restaurant, 120 E. Burlington St.; Outdoor
Service Area for I.C. Mill Restaurant, LLC., dba Mill Restaurant, 120 E. Burlington
St.; Class C Liquor License for Red Bike Iowa City LLC, dba Ride, 630 Iowa Ave.;
Class E Liquor License for Hy -Vee, Inc., dba Hy -Vee, Drugstore, 310 N. 1St Ave;
Class E Liquor License for Caylor Enterprises LLC., dba The Liquor House, 425 S.
Gilbert St.; Class C Liquor License for Twenty Three LLC, dba The Iowa Chop
House, 223 Washington St.; Class C Liquor License for Jimmy Jack's Inc., dba
Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd.; Special Class C Liquor
License for Silver Asklof L.L.C., dba Nodo Downtown, 5 S. Dubuque St.; Class C
Beer Permit for Kmart Corporation, dba Big Kmart #4315, 901 Hollywood Blvd.;
Outdoor Service Area for Iowa City Aerie No. 695 Fraternal Order of Eagles, dba
Fraternal Order of Eagles, Iowa City Aerie #695, 225 Hwy 1 W.
Resolutions and Motions: RES. 15-225, 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. 15-226, ADOPTING AN END OF TRIP FACILITIES
POLICY FOR NEWLY CONSTRUCTED PUBLIC BUILDINGS AND WITH MAJOR
REMODELING OF MUNICIPAL PROPERTIES; Approve disbursements in the
amount of $8,059,112.08 for the period of April 1 through April 30, 2015, as
recommended by the Finance Director subject to audit.
Setting Public Hearings: RES. 15-227, SETTING PUBLIC HEARING FOR JULY
27, 2015, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT
318 SOUTH LUCAS STREET; RES. 15-228, SETTING PUBLIC HEARING FOR
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July 15, 2015
Page 2
JULY 27, 2015, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME
LOCATED AT 1111 EAST BURLINGTON STREET.
Correspondence: Eric Bunchman regarding Disappointed (operation of Uber or
Lyft locally); David Robertson regarding Juvenile crime; Ginalie Swaim regarding
Preservation At Its Best Award recipient 518 Bowery; Susan Manuel regarding Letter
Supporting National Service [Staff response included]; Bill Bennett regarding I. C.
Parking [Staff response included]; Jim Walters regarding Chauncey Tower; Blake
Stokes regarding Internship Opportunities [Staff response included]; Judy Pfohl
regarding Post Office mural.
Rev. Doyle Landry appeared re race in Iowa City.
Moved by Mims, seconded by Dickens, to adopt RES. 15-229, AUTHORIZING THE
MAYOR TO SIGN A LISTING AGREEMENT WITH LEPIC - KROEGER REALTORS
FOR THE 420TH STREET INDUSTRIAL PARK. Mayor Hayek stated he would be
abstaining from this item due to a conflict of interest. Mayor Pro tem Mims presiding.
The Mayor Pro tem declared the resolution adopted, 5/0/1/1, with the following division
of roll call vote: Ayes: Dickens, Dobyns, Mims, Payne, Botchway. Abstaining: Hayek;
Absent: Throgmorton.
Mayor Hayek now presiding. Moved by Mims, seconded by Botchway, 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. 15-4628, AMENDING THE
PLANNED DEVELOPMENT OVERLAY PLAN FOR SADDLEBROOK MEADOWS -PART
1 TO ALLOW A REDUCTION OF THE FRONT YARD SETBACK FOR CERTAIN
PROPERTIES LOCATED ON BLAZING STAR DRIVE (REZ15-00011), be voted on for
final passage at this time. Moved by Mims, seconded by Botchway, that the ordinance
be finally adopted at this time. Moved by Botchway, seconded by Payne, to accept
correspondence from Steve Gordon.
Moved by Mims, seconded by Botchway, 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. 15-4629, REZONING APPROXIMATELY 12,000 SQUARE
FEET OF PROPERTY FROM CENTRAL BUSINESS SERVICE (CB -2) ZONE TO
CENTRAL BUSINESS SUPPORT (CB -5) ZONE LOCATED AT 410 IOWA AVE.
(REZ15-00010), be voted on for final passage at this time. The Mayor requested
Council Members disclose any ex parte communications and Council Member Dobyns
reported a conversation with Asst. City Manager Fruin. Moved by Mims, seconded by
Botchway, that the ordinance be finally adopted at this time.
Moved by Mims, seconded by Payne, that the rule requiring ordinance 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. 15-4630, CONDITIONALLY REZONING 7.8 ACRES OF
PROPERTY LOCATED ON THE WEST SIDE OF MILLER AVE, SOUTH OF BENTON
STREET, FROM MEDIUM DENSITY SINGLE FAMILY (RS -8) TO PLANNED
DEVELOPMENT OVERLAY / MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL
(OPD -8) ZONE (REZ13-00010), be voted on for final passage at this time. The Mayor
requested Council Members disclose any ex parte communications and none were
reported. Moved by Mims, seconded by Botchway, that the ordinance be finally
Complete Description
July 15, 2015
Page 3
adopted at this time. Moved by Botchway, seconded by Dickens, to accept
correspondence from Del Holland.
Moved by Payne, seconded by Botchway, to defer to July 27 a resolution awarding
contract and authorizing the Mayor to sign and the City Clerk to attest a contract for the
construction of the Willow Creek / Kiwanis Park Renovation Project.
Moved by Mims, seconded by Payne, that the rule requiring ordinance to be
considered and voted on for final passage at two Council meetings prior to the meeting
at which it is be finally passed, be suspended, the second consideration and vote be
waived, and that ORD. 15-4631, AMENDING TITLE 17, CHAPTER 1, BUILDING
CODE, BY ADOPTING THE INTERNATIONAL BUILDING CODE, 2015 EDITION,
INCLUDING APPENDIX K, AND THE INTERNATIONAL RESIDENTIAL CODE, 2015
EDITION, INCLUDING APPENDIX F AND APPENDIX J, AND PROVIDING FOR
CERTAIN AMENDMENTS THEREOF; ADOPTING SECTION 103.6(1)(A) OF THE
CODE OF IOWA (THE STATE ELECTRICAL CODE) AND SECTION 105.4(1)(A) OF
THE CODE OF IOWA (THE STATE PLUMBING AND MECHANICAL CODES);
REPEALING CHAPTERS 2, PLUMBING CODE, 3, ELECTRICAL CODE, 4,
MECHANICAL CODE, 5, ABATEMENT OF DANGEROUS BUILDINGS CODE, AND
13, FUEL GAS CODE; AMENDING CHAPTER 12, ENTITLED APPEALS; AND
AMENDING TITLE 6, ENTITLED PUBLIC HEALTH AND SAFETY, CHAPTER 1,
ENTITLED NUISANCES; TO PROVIDE FOR THE PROTECTION OF THE HEALTH,
WELFARE AND SAFETY OF THE RESIDENTS OF IOWA CITY, IOWA, be voted on
for final passage at this time. Moved by Mims, seconded by Dickens, that the ordinance
be finally adopted at this time.
Moved by Payne, seconded by Mims, that the rule requiring ordinance 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. 15-4632, AMENDING TITLE 7, CHAPTER 1, FIRE CODE, BY
ADOPTING THE 2015 EDITION OF THE INTERNATIONAL FIRE CODE TO
REGULATE AND GOVERN THE SAFEGUARDING OF LIFE AND PROPERTY FROM
FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND
USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM
CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF
BUILDINGS AND PREMISES IN THE CITY OF IOWA CITY AND PROVIDING FOR
THE ISSUANCE OF PERMITS, be voted on for final passage at this time. Moved by
Payne, seconded by Botchway, that the ordinance be finally adopted at this time.
Moved by Payne, seconded by Botchway, that the rule requiring ordinance 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. 15-4633, AMENDING TITLE 17, ENTITLED "BUILDING AND
HOUSING," CHAPTER 11, ENTITLED "LICENSING," TO REFLECT THAT ALL
LICENSES FOR BUILDING TRADES ARE ISSUED BY THE STATE EXCEPT FOR
SANITARY SEWER AND WATER SERVICE INSTALLER, be voted on for final
passage at this time. Moved by Payne, seconded by Botchway, that the ordinance be
finally adopted at this time.
Moved by Payne, seconded by Mims, that the rule requiring ordinance 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. 15-4634, AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH
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July 15, 2015
Page 4
AND SAFETY," CHAPTER 10, ENTITLED "SMOKE FREE PLACES," TO PROHIBIT
SMOKING ELECTRONIC CIGARETTES IN AREAS WHERE IT IS ILLEGAL TO
SMOKE TOBACCO, be voted on for final passage at this time. Johnson County Public
Health Dir. Doug Beardsley appeared. Moved by Payne, seconded by Dobyns, that the
ordinance be finally adopted at this time. Moved by Botchway, seconded by Mims, to
accept correspondence from Juan Gatica and Jody Murph.
Moved by Payne, seconded by Botchway, to adjourn meeting 5:50 p.m.
J --pttL � i . �74.-
Matthew J. Hayek, Mayor
Ma 'an K. Karr, City Jerk
l 07-15-15
NMI
CITY OF IOWA CITY
MEMORANDUM
Date: June 26, 2015
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, June 16, 2015, 6:00 PM in Emma J. Harvat Hall
Council: Botchway, Dickens, Hayek, Mims, Payne, Throgmorton. Absent: Dobyns
UISG: Neal
Staff: Markus, Fruin, Dilkes, Karr, Knoche, Yapp, Boothroy, Moran, O'Brien, Hennes,
Andrew, Hightshoe, Bockenstedt, Coleman, Grier, Greer
A transcription and power points are available in the City Clerk's Office and the City website.
QUESTIONS FROM COUNCIL REGARDING AGENDA ITEMS
1. (Consent Calendar item 3d(6) — Clearing and Grubbing Project... ) In response to
Council Member Throgmorton, City Manager Markus reported "grubbing" was taking out
vegetation.
2. (Consent Calendar item # 3d(2) — Community Identification Card) Council Member
Throgmorton stated he was thrilled with the program and the City allocating $6,000
toward implementation.
3. (Agenda item # 13 — Iowa City / Harrison Street Agreements ...) In response to Mayor
Hayek, City Manager Markus, City Attorney Dilkes, and Finance Dir. Bockenstedt
presented information.
4. (Consent Calendar item # 3f(8) — David Robertson ... Wetherby Park ... ) In response to
Council Member Throgmorton, City Manager Markus noted that an additional email had
been received from Mr. Robertson since distribution of the late handout stating
satisfaction with City response.
INFORMATION PACKET DISCUSSION [June 4, 5, 111
June 4
1. (IP4 — ... article ... Water Pollution Game ... ) Mayor Hayek commented on the article
on regarding nitrate issues faced by Des Moines. City Manager Markus and PW Dir.
Knoche responded to questions.
2. (IP3 - ... article ... juvenile court diversion program ...) Mayor Pro tem Mims noted the
article on the program and their plans moving forward, noting it was good initial
information and progress to be made ahead.
June 5
1. (FY2016 Adopted Budget ... ) In response to Council Member Payne, City Manager
Markus and Finance Dir. Bockenstedt explained "the cap on allowable growth" mention
on page 13.
Council Work Session
June 16, 2015
Page 2
June 11
1. (IP5 — ... Iowa City's use of TIF compared) Council Member Dickens thanked City
Manager Markus for the TIF graphs and the information it showed, The City Manager
reported that a presentation to the University Heights City Council from Peter Fisher
would be in the next packet; and stated he and the Mayor are arranging meetings with
State officials to have discussions on further modifications to TIF laws. The City
Manager and Neighborhood Services Coordinator Hightshoe responded to questions
regarding CDBG and HOME allocations impact on TIF financing. Staff will provide more
information.
2. (IP3 — ... KXIC Radio Show) City Clerk Karr noted an opening on July 22 prior to the
next Council meeting on the 27th. Mayor Hayek stated he could do the July 22 show.
Mayor Pro tem Mims clarified that she had volunteered for a number of available slots
because of her flexible schedule and asked people to contact her and/or Marian if they
wished to share some of the those dates.
COUNCIL TIME / PENDING WORK SESSIONS TOPICS [IP4 Info Packet of 6/11]
1. Council Member Throgmorton noted that Dr. Cecil Belmond would be meeting with the
staff project team on Friday regarding his vision for the ped mall art installation. Asst.
City Manager Fruin stated a memo would be in the next info packet with further
information on the public viewing of initial concepts on July 1.
2. Council Member Payne stated she would be on vacation on not participating in the July
27 meeting.
COUNCIL APPOINTMENTS [Agenda item 19]
1. Mayor Hayek noted that Keith Ruff had applied for three spots. City Clerk Karr noted
that the Board of Appeals vacancy would be advertised again to clarify the requirement.
Majority agreed to appoint Mr. Ruff to the Airport Zoning Board of Adjustment (item #
19b) for the term ending December 31, 2016.
MEETING SCHEDULE
Council Member Payne noted the next meeting was in 6 weeks (July 27).
UPCOMING COMMUNITY EVENTS / COUNCIL INVITATIONS
1. Council Member Throgmorton reported that Chuck Marohn, representing Strong Towns
organization, will be speaking at the Public Library on June 30 regarding development
and roadway reconfigurations.
2. Mayor Pro tem Mims stated she would be welcoming the State Garden Club on Friday
morning, June 19; and reading the proclamation at the PRIDE parade on Saturday, the
20th.
3. In response to Council Member Payne, City Manager Markus indicated the Lucky's
Market ribbon cutting is called a bacon cutting and Council Members would be notified.
4. Council Member Botchway reported on the opening of the new Hy -Vee on North Dodge;
the Juneteenth celebration planned on June 27; and announced he made the Prime
Time roster again.
5. Mayor Hayek stated he has been asked to represent the City at a White House
conference in Washington in late July regarding Iowa City being named as the number 1
small metro city for aging.
Meeting adjourned 6:40 PM.
2a(2)
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 — 6/16/15
Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Botchway, Dickens, Hayek, Mims, Payne,
Throgmorton. Absent: Dobyns.
The Mayor proclaimed: Juneteenth National Freedom Day — June 19, Human
Rights Commissioner Joe Coulter accepting; Americans With Disabilities Act
Awareness Day — June 25, Joy Beadleston, Access 2 Independence, accepting.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved and seconded that the items and recommendations in the Consent Calendar
be received, or approved, and/or adopted as amended:
Approval of Council Actions, subject to corrections, as recommended by the City
Clerk: June 2 Work Session; June 2 Formal Official & Complete; June 4 Special
Formal & Complete; June 8, Special Formal & Complete.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Airport
Commission — April 30; Board of Appeals — May 18; Citizens Police Review Board —
April 7; Citizens Police Review Board (Community Forum) — April 28; Library Board
of Trustees— April 23; Public Art Advisory Committee — May 8; Telecommunications
Commission — April 27; Planning & Zoning Commission — May 21.
Permit Motions and Resolutions as recommended by the City Clerk.
Renewal: Class C Liquor License for Weekes -Van Eck Post #3949 Veterans
of Foreign Wars, 609 Highway 6 E.; Class C Liquor License for American Legion,
Roy L. Copek Post 17, 3016 Muscatine Ave.; Class C Liquor License for Dublin
Underground, The, 5 S. Dubuque St.; Class C Liquor License for I C Ugly's, 210 N.
Linn St.; Class E Liquor License for Hartig Drug Store #10, 701 Mormon Trek Blvd.;
Class E Liquor License for Kum & Go #422, 513 S. Riverside Dr.; Class E Liquor
License for Kum & Go #53, 955; Mormon Trek Blvd.; Class C Liquor License for Hy -
Vee Market Cafe, 1720 Waterfront Dr.; Outdoor Service Area for Hy -Vee Market
Cafe, 1720 Waterfront Dr.; Class C Liquor License for Hy -Vee Market Cafe, 812 S.
1 St Ave.; Class E Liquor License for Walgreens #05077, 2214 Muscatine Ave.; Class
C Liquor License for Dave's Foxhead Tavern, 402 E. Market St.; Class C Liquor
License for Micky's Irish Pub, 11 S. Dubuque St.; Class C Liquor License for
Fraternal Order of the Eagles, Iowa City Aerie #695, 225 Hwy 1; RES. 15-195, TO
ISSUE DANCING PERMIT to Fraternal Order of the Eagles, Iowa City Aerie #695,
Hwy 1 W; Class C Beer Permit for Hawkeye Convenience Stores, 2875 Commerce
Dr.; Class C Liquor License for T.C.B., 114 E. College St.; Special Class C Liquor
License for Szechuan House, 320 E. Burlington St.; Special Class C Liquor License
for Sushi Popo, 725 Mormon Trek Blvd.; Outdoor Service Area for Sushi Popo, 725
Mormon Trek Blvd; Special Class C Liquor License for Z'Mariks Noodle Cafe, 19 S.
Dubuque 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.; RES. 15-196, TO ISSUE CIGARETTE PERMITS.
Resolutions and Motions: RES. 15-197, AUTHORIZING THE MAYOR TO SIGN
AND THE CLERK TO ATTEST A CONSENT TO ASSIGNMENT FOR SECURITY
Official Actions
June 16, 2015
Page 2
PURPOSES OF THE CITY'S DEVELOPMENT AGREEMENT WITH RIVERVIEW
WEST, LLC F/K/A EMRICO PROPERTIES II, LLC TO HILLS BANK AND TRUST
COMPANY; RES. 15-198, SUPPORTING THE IMPLEMENTATION BY JOHNSON
COUNTY OF A COMMUNITY IDENTIFICATION CARD PROGRAM; RES. 15-199,
AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FIBER
INFRASTRUCTURE - IOWA CITY SOUTH PART 1 - DUCT INSTALLATION
PROJECT; RES. 15-200, AWARDING CONTRACT AND AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE 2015 HIGHLAND AVENUE WATER MAIN
REPLACEMENT PROJECT; RES. 15-201, ACCEPTING THE WORK FOR THE
2015 DOWNTOWN SIDEWALK REPAIR PROJECT; RES. 15-202, ACCEPTING
THE WORK FOR THE 2015 CLEARING AND GRUBBING PROJECT; RES. 15-
203, ACCEPTING THE WORK FOR THE NORTH WASTE WATER TRICKLING
FILTER MEDIA TRUCKING PROJECT; RES. 15-204, ALLOCATING THE
COMMUNITY EVENTS AND PROGRAM FUNDING FOR THE FISCAL YEAR
ENDING JUNE 30,2016; RES. 15-205, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO A PARTIAL RELEASE OF PARKING
COVENANT ORIGINALLY IMPOSED ON 225 IOWA AVENUE, IOWA CITY, IOWA;
Approve disbursements in the amount of $8,681,884.7§ for the period of March 1
through March 31, 2015, as recommended by the Finance Director subject to audit;
RES. 15-206, AUTHORIZING ASSIGNMENT OF CONTRACT WITH CITY CARTON
COMPANY, INC. TO REPUBLIC SERVICES FOR RECYCLING PROCESSING
SERVICES FOR THE CITY OF IOWA CITY; RES. 15-207, APPROVING FINAL
PLAT OF WILD PRAIRIE ESTATES, PART 6, IOWA CITY, IOWA; RES. 15-208,
EXTENDING THE TERM FOR A PRELIMINARY PLAT OF STONE BRIDGE
ESTATES, PART 10, IOWA CITY, IOWA; RES. 15-209, APPROVING,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST AN AMENDMENT TO THE AUGUST 21, 2012 AGREEMENT
BY AND BETWEEN THE CITY OF IOWA CITY AND AECOM TECHNICAL
SERVICES OF WATERLOO, IA TO PROVIDE ENGINEERING CONSULTANT
SERVICES FOR THE DUBUQUE STREET / 1-80 PEDESTRIAN BRIDGE
PROJECT; RES. 15-210, APPROVING FINAL PLAT OF CHURCHILL MEADOWS,
IOWA CITY, IOWA; RES. 15-211, APPROVING A 28E PROJECT AGREEMENT
BETWEEN JOHNSON COUNTY, IOWA AND THE CITY OF IOWA CITY, IOWA
FOR IMPROVEMENTS TO A PORTION OF HERBERT HOOVER HIGHWAY FOR
THE CHURCHILL MEADOWS SUBDIVISION; RES. 15-212, AMENDING THE
BUDGETED POSITIONS IN THE COMMUNICATIONS DIVISION OF THE
ADMINISTRATIVE OFFICES DEPARTMENT BY RECLASSIFYING ONE -FULL
TIME PRODUCTION ASSISTANT, CABLE TV POSITION TO ONE FULL-TIME
MEDIA PRODUCTION ASSISTANT POSITION.
Setting Public Hearings: RES. 15-213, SETTING A PUBLIC HEARING ON JULY
27, 2015 ON PLANS, SPECIFICATIONS, FORM OF AGREEMENT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2015 PCC PAVEMENT
REHABILITATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF
SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS
ON FILE FOR PUBLIC INSPECTION; RES. 15-214, SETTING PUBLIC HEARING
FOR JULY 27, 2015 ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME
Official Actions
June 16, 2015
Page 3
LOCATED AT 917 NORTH DODGE STREET; RES. 15-215, OF INTENT TO
CONSIDER A PROPOSED DEVELOPMENT AGREEMENT WITH CASL
HOLDINGS, LLC., WHICH INCLUDES THE TRANSFER OF LAND DESCRIBED
THEREIN, AND SETTING A PUBLIC HEARING for July 27, 2015 AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF.
Correspondence: Tim Weitzel regarding Unitarian Church; Pat Harney, Johnson
County Board of Supervisors regarding Community Identification Card Program [See
item 3d(3)]; Matt Meisheid (x2) regarding Public Record Request; Sally Scott,
Johnson County Affordable Homes Coalition regarding Wetherby Park [Staff
response included]; Acting Traffic Engineering Planner regarding Installation of NO
PARKING ANY TIME signs on the north, east, and west sides of the no outlet, north
end of South Riverside Drive adjacent to the Iowa River; Traffic Engineering Planner
regarding Relocation of the eastern -most NO PARKING BETWEEN SIGNS sign
located on the north side of Escort Lane SW to a location approximately 35 feet
east; Jim Cochran regarding Bicycle Ordinance Iowa City Code [Staff response
included]; David Robertson regarding Wetherby Park; Daniel Dickens regarding
Texting while operating carnival rides [Staff response included].
Charles Eastham, 953 Canton St., Center for Worker Justice, appeared re the
community ID card and expressed appreciation for Council support of the resolution.
Mary Gravitt, 2714 Wayne Ave., appeared requesting bus shelters in the Towncrest
area, and near Hy -Vee on First Ave./ Muscatine.
A public hearing was held on an ordinance conditionally rezoning 7.8 acres of land
located on the west side of Miller Avenue south of Benton Street from Medium Density
Single Family (RS -8) to Planned Development Overlay/Medium Density Single Family
Residential(OPD-8) Zone (REZ13-00010). Co -Housing project representatives Barb
Bailey, 2357 Willenbrock Circle, and Annie Tucker, 1425 Oaklawn Ave., presented a
power point.
Moved and seconded that the ordinance conditionally rezoning 7.8 acres of land
located on the west side of Miller Avenue south of Benton Street from Medium Density
Single Family (RS -8) to Planned Development Overlay / Medium Density Single Family
Residential(OPD-8) Zone (REZ13-00010) be given first vote. Co -Housing project
representatives Barb Bailey, 2357 Willenbrock Circle, and Annie Tucker, 1425 Oaklawn
Ave., responded to questions.
A public hearing was held on an ordinance was held on an ordinance conditionally
rezoning 0.41 acres of land located at 705 and 709 S. Clinton Street from Intensive
Commercial (CI -1) Zone to RiverFront Crossings — Central Crossings (RFC -CX) Zone
(REZ15-00008). Mayor Hayek noted the conditional zoning agreement had not been
signed so the hearing would be continued and first consideration deferred.
Moved and seconded to continue public hearing and defer first consideration to July
27 of the ordinance conditionally rezoning 0.41 acres of land located at 705 and 709 S.
Clinton Street from Intensive Commercial (CI -1) Zone to Riverfront Crossings — Central
Crossings (RFC -CX) Zone (REZ15-00008).
A public hearing was held on an ordinance amending the Planned Development
Overlay Plan for Saddlebrook Meadows Part 1 to allow a reduction of the front yard
setback for certain properties located on Blazing Star Drive (REZ15-00011). The
following individuals appeared: Duane Musser, MMS Consultants; Steve Gordan, A&M
Management.
Official Actions
June 16, 2015
Page 4
Moved and seconded that the ordinance amending the Planned Development
Overlay Plan for Saddlebrook Meadows Part 1 to allow a reduction of the front yard
setback for certain properties located on Blazing Star Drive (REZ15-00011), be given
first vote.
A public hearing was held on an ordinance rezoning approximately 12,000 square
feet of property from Central Business Service (CB -2) Zone to Central Business Support
(CB -5) Zone located at 410 Iowa Ave. (REZ15-00010). Atty. Tom Gelman, 714
McLean, appeared representing the owner Whistler Apartment LLC.
Moved and seconded that the ordinance rezoning approximately 12,000 square feet
from Central Business Service (CB -2) Zone to Central Business Support (CB -5) Zone
located at 410 Iowa Ave. (REZ15-00010), be given first vote.
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.15-4626, AMENDING TITLE 14: ZONING TO CREATE AN EXEMPTION FROM
THE FLOOR AREA RATIO LIMITATION AND ESTABLISH NEW HEIGHT
STANDARDS FOR HOSPITALS LOCATED IN THE COMMERCIAL OFFICE (CO -1)
ZONE (REZ15-00009), be voted on for final passage at this time. Moved and seconded
that the ordinance be finally adopted at this time.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the Willow Creek / Kiwanis Park Renovation Project
directing City Clerk to publish notice to bidders, and fixing time and place for receipt of
bids.
Moved and seconded to adopt RES. 15-216, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
WILLOW CREEK / KIWANIS PARK RENOVATION PROJECT. DIRECTING CITY
CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR
RECEIPT OF BIDS.
A public hearing was held on a resolution authorizing the Mayor to sign and City
Clerk to attest a lease agreement with Phoenix Childrens Academy, Inc. for Court Street
Transportation Center Space.
Moved and seconded to adopt RES. 15-217, AUTHORIZING THE MAYOR TO
SIGN AND CITY CLERK TO ATTEST A LEASE AGREEMENT WITH PHOENIX
CHILDREN'S ACADEMY, INC. FOR COURT STREET TRANSPORTATION CENTER
SPACE.
A public hearing was held on a resolution authorizing conveyance of a single family
home located at 725 East Davenport Street.
Moved and seconded to adopt RES. 15-218, AUTHORIZING CONVEYANCE OF A
SINGLE FAMILY HOME LOCATED AT 725 EAST DAVENPORT STREET.
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. 15-219, AUTHORIZING CONVEYANCE OF A
SINGLE FAMILY HOME LOCATED AT 1116 EAST BURLINGTON STREET.
A public hearing was held on an ordinance amending Title 17, Chapter 1, Building
Code, by adopting the International Building Code, 2015 Edition, including Appendix K,
and the International Residential Code, 2015 Edition, including Appendix F and
Appendix J, and providing for certain amendments thereof; adopting Section
103.6(1)(a) of the Code of Iowa (The State Electrical Code) and Section 105.4(1)(a) of
Official Actions
June 16, 2015
Page 5
the Code of Iowa (The State Plumbing and Mechanical Codes); repealing Chapters 2,
Plumbing Code, 3, Electrical Code, 4, Mechanical Code, 5, Abatement of Dangerous
Buildings Code, and 13, Fuel Gas Code; amending Chapter 12, entitled Appeals; and
amending Title 6, entitled Public Health and Safety, Chapter 1, entitled Nuisances; to
provide for the protection of the health, welfare and safety of the residents of Iowa City
Iowa.
Moved and seconded that the ordinance amending Title 17, Chapter 1, Building
Code, by adopting the International Building Code, 2015 Edition, including Appendix K,
and the International Residential Code, 2015 Edition, including Appendix F and
Appendix J, and providing for certain amendments thereof; adopting Section
103.6(1)(a) of the Code of Iowa (The State Electrical Code) and Section 105.4(1)(a) of
the Code of Iowa (The State Plumbing and Mechanical Codes); repealing Chapters 2,
Plumbing Code, 3, Electrical Code, 4, Mechanical Code, 5, Abatement of Dangerous
Buildings Code, and 13, Fuel Gas Code; amending Chapter 12, entitled Appeals; and
amending Title 6, entitled Public Health and Safety, Chapter 1, entitled Nuisances; to
provide for the protection of the health, welfare and safety of the residents of Iowa City
Iowa, be given first vote. Moved and seconded to accept correspondence from Ginalie
Swaim.
A public hearing was held on an ordinance amending Title 7, Chapter 1, Fire Code,
by adopting the 2015 Edition of the International Fire Code to regulate and govern the
safeguarding of life and property from fire and explosion hazards arising from the
storage, handling and use of hazardous substances, materials and devices, and from
conditions hazardous to life or property in the occupancy of buildings and premises in
the City of Iowa City and providing for the issuance of permits.
Moved and seconded that the ordinance amending Title 7, Chapter 1, Fire Code, by
adopting the 2015 Edition of the International Fire Code to regulate and govern the
safeguarding of life and property from fire and explosion hazards arising from the
storage, handling and use of hazardous substances, materials and devices, and from
conditions hazardous to life or property in the occupancy of buildings and premises in
the City of Iowa City and providing for the issuance of permits, be given first vote.
Moved and seconded that the ordinance amending Title 17, entitled "Building and
Housing," Chapter 11, entitled "Licensing," to reflect that all licenses for building trades
are issued by the state except for sanitary sewer and water service installer, be given
first vote.
Moved and seconded to adopt RES. 15-220, DIRECTING EXECUTION OF A
MASTER LEASE PURCHASE AGREEMENT AND AGREEMENT REGARDING
ASSIGNMENT AND ASSUMPTION OF LEASE PURCHASE AGREEMENT; AND
AUTHORIZING THE EXECUTION, PERFORMANCE AND DELIVERY OF A PLEDGE
AND SECURITY AGREEMENT, ASSIGNMENT AND DELEGATION AGREEMENT,
TRUST AGREEMENT, PROJECT WARRANTIES AGREEMENT AND REVISED
EXHIBIT B TO THE MASTER LEASE PURCHASE AGREEMENT, SUBJECT TO
CERTAIN CONDITIONS PRECEDENT.
Moved and seconded to adopt RES. 15-221, APPROVING AN AMENDED
AGREEMENT FOR PRIVATE DEVELOPMENT BY AND BETWEEN THE CITY OF
IOWA CITY, IOWA AND A&M DEVELOPMENT II, L.L.C. FOR THE SABIN
TOWNHOMES.
Moved and seconded that the ordinance amending Title 6, entitled "Public Health
and Safety," Chapter 10, entitled "Smoke Free Places," to prohibit smoking electronic
Official Actions
June 16, 2015
Page 6
cigarettes in areas where it is illegal to smoke tobacco, be given first vote. The
following individuals appeared: Doug Beardsley, 681 Sandusky, Dir. of Johnson County
Public Health; Joseph Dobrian, 1015 Second Ave.; Michael Conroy, Muscatine Ave.;
Michael McLaughlin, Vice -Chair Johnson County Public Health Board; and Joy
Beadleston.
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. 15-4627, AMENDING TITLE 8, POLICE REGULATIONS, CHAPTER 8,
CITIZENS POLICE REVIEW BOARD, TO RENAME THE BOARD TO COMMUNITY
POLICE REVIEW BOARD AND REMOVE OR REPLACE THE WORD "CITIZEN" IN
ACCORDANCE WITH RECENT CHANGES TO THE CITY CHARTER, be voted on for
final passage at this time. Moved and seconded that the ordinance be finally adopted at
this time.
Moved and seconded to adopt RES. 15-222, APPROVING THE BY-LAWS OF THE
COMMUNITY POLICE REVIEW BOARD, INCLUDING A NAME CHANGE FROM
CITIZENS POLICE REVIEW BOARD AND REPEALING RESOLUTION 13-289.
Moved and seconded to adopt RES. 15-223, TO ADOPT THE COMMUNITY
POLICE REVIEW BOARD STANDARD OPERATING PROCEDURES AND
GUIDELINES INCLUDING A NAME CHANGE FROM CITIZENS POLICE REVIEW
BOARD AND REPEALING RESOLUTION 13-290.
Moved and seconded to make appoint Keith Ruff, 601 S. Gilbert St., to the Airport
Zoning Brd of Adjustment for a five-year term January 1, 2012 - December 31, 2016.
The Mayor noted that 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, 2014 — December 31, 2018 (Formerly advertised; Full term);
Historic Preservation Commission for a Jefferson St. representative for a three-year
terms, March 29, 2013 — March 29, 2016 (New District formed).
The Mayor noted the current vacancy to Boards and Commissions: Appeals, Board
of for an unexpired five-year term January 1, 2014 - December 31, 2018, for a HVAC
or building design professional or qualified by experience and training (Unexpired term)
The Mayor noted the previously announced vacancies: Citizens' Police Review
Board for a four-year term, September 1, 2015 — September 1, 2019; Housing and
Community Development Commission for three vacancies to fill three-year terms
September 1, 2015 — September 1, 2018; Parks and Recreation Commission for I an
unexpired term, upon appointment — January 1, 2018. Applications must be received by
5:00 p.m., Wednesday, July 22, 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.]
Moved and seconded to adjourn meeting at 8:35 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 "arr�erly
Submitted for publication — 66/24/15.
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
JUNE 16, 2015
Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Botchway, Dickens, Hayek, Mims, Payne,
Throgmorton. Absent: Dobyns. Staff members presented: Markus, Fruin, Dilkes, Karr,
Bockenstedt, Boothroy, Yapp, O'Brien, Knoche, Moran.
The Mayor proclaimed: Juneteenth National Freedom Day — June 19, Human
Rights Commissioner Joe Coulter accepting; Americans With Disabilities Act
Awareness Day — June 25, Joy Beadleston, Access 2 Independence, accepting.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Botchway, seconded by Mims, 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: June 2 Work Session; June 2 Formal Official & Complete; June 4 Special
Formal & Complete; June 8, Special Formal & Complete.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Airport
Commission — April 30; Board of Appeals — May 18; Citizens Police Review Board —
April 7; Citizens Police Review Board (Community Forum) — April 28; Library Board
of Trustees— April 23; Public Art Advisory Committee — May 8; Telecommunications
Commission — April 27; Planning & Zoning Commission — May 21.
Permit Motions and Resolutions as recommended by the City Clerk.
Renewal: Class C Liquor License for Weekes -Van Eck Post #3949, dba
Weekes -Van Eck Post #3949 Veterans of Foreign Wars, 609 Highway 6 E.; Class C
Liquor License for Roy L. Chopek/WalterL "Bud" Ott, Post No 17 dba American
Legion, Roy L. Copek Post 17, 3016 Muscatine Ave.; Class C Liquor License for
Dublin Underground Inc., dba Dublin Underground, The, 5 S. Dubuque St.; Class C
Liquor License for Pub Gal, Inc., dba I C Ugly's, 210 N. Linn St.; Class E Liquor
License for Hartig Drug Co. Inc., dba Hartig Drug Store #10, 701 Mormon Trek Blvd.;
Class E Liquor License for Kum & Go LC., dba Kum & Go #422, 513 S. Riverside
Dr.; Class E Liquor License for Kum & Go LC., dba Kum & Go #53, 955; Mormon
Trek Blvd.; Class C Liquor License for Hy -Vee, Inc., dba Hy -Vee Market Cafe, 1720
Waterfront Dr.; Outdoor Service Area for Hy -Vee, Inc., dba Hy -Vee Market Cafe,
1720 Waterfront Dr.; Class C Liquor License for Hy -Vee, Inc., dba Hy -Vee Market
Cafe, 812 S. 1 st Ave.; Class E Liquor License for Walgreens Co., dba Walgreens
#05077, 2214 Muscatine Ave.; Class C Liquor License for Alberhasky, David L., dba
Dave's Foxhead Tavern, 402 E. Market St.; Class C Liquor License for One Louder
LLC., dba Micky's Irish Pub, 11 S. Dubuque St.; Class C Liquor License for Iowa
City Aerie No 695 Fraternal order of the Eagles, dba Fraternal Order of the Eagles,
Iowa City Aerie #695, 225 Hwy 1; RES. 15-195, TO ISSUE DANCING PERMIT to
Iowa City Aerie No. 695 Fraternal Order, dba Fraternal Order of the Eagles, Iowa
City Aerie #695, Hwy 1 W; Class C Beer Permit for Petroleum Services Company,
dba Hawkeye Convenience Stores, 2875 Commerce Dr.; Class C Liquor License for
DTW INC., dba T.C.B., 114 E. College St.; Special Class C Liquor License for 168
Ilc., dba Szechuan House, 320 E. Burlington St.; Special Class C Liquor License for
E & E Restaurant, LLC., dba Sushi Popo, 725 Mormon Trek Blvd.; Outdoor Service
Area for E & E Restaurant, LLC., dba Sushi Popo, 725 Mormon Trek Blvd; Special
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June 16, 2015
Page 2
Class C Liquor License for D & E Restaurant, Inc., dba Z'Mariks Noodle Cafe, 19 S.
Dubuque 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.; RES. 15-196, TO ISSUE
CIGARETTE PERMITS.
Resolutions and Motions: RES. 15-197, AUTHORIZING THE MAYOR TO SIGN
AND THE CLERK TO ATTEST A CONSENT TO ASSIGNMENT FOR SECURITY
PURPOSES OF THE CITY'S DEVELOPMENT AGREEMENT WITH RIVERVIEW
WEST, LLC F/K/A EMRICO PROPERTIES II, LLC TO HILLS BANK AND TRUST
COMPANY; RES. 15-198, SUPPORTING THE IMPLEMENTATION BY JOHNSON
COUNTY OF A COMMUNITY IDENTIFICATION CARD PROGRAM; RES. 15-199,
AWARDING CONTRACT to Slabach Construction for $184,968.00 AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR CONSTRUCTION OF THE FIBER INFRASTRUCTURE - IOWA
CITY SOUTH PART 1 - DUCT INSTALLATION PROJECT; RES. 15-200,
AWARDING CONTRACT to Volkens Excavating for $183,829.00 AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR CONSTRUCTION OF THE 2015 HIGHLAND AVENUE WATER
MAIN REPLACEMENT PROJECT; RES. 15-201, ACCEPTING THE WORK FOR
THE 2015 DOWNTOWN SIDEWALK REPAIR PROJECT; RES. 15-202,
ACCEPTING THE WORK FOR THE 2015 CLEARING AND GRUBBING PROJECT;
RES. 15-203, ACCEPTING THE WORK FOR THE NORTH WASTE WATER
TRICKLING FILTER MEDIA TRUCKING PROJECT; RES. 15-204, ALLOCATING
THE COMMUNITY EVENTS AND PROGRAM FUNDING FOR THE FISCAL YEAR
ENDING JUNE 30,2016; RES. 15-205, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO A PARTIAL RELEASE OF PARKING
COVENANT ORIGINALLY IMPOSED ON 225 IOWA AVENUE, IOWA CITY, IOWA;
Approve disbursements in the amount of $8,681,884.78 for the period of March 1
through March 31, 2015, as recommended by the Finance Director subject to audit;
RES. 15-206, AUTHORIZING ASSIGNMENT OF CONTRACT WITH CITY CARTON
COMPANY, INC. TO REPUBLIC SERVICES FOR RECYCLING PROCESSING
SERVICES FOR THE CITY OF IOWA CITY; RES. 15-207, APPROVING FINAL
PLAT OF WILD PRAIRIE ESTATES, PART 6, IOWA CITY, IOWA; RES. 15-208,
EXTENDING THE TERM FOR A PRELIMINARY PLAT OF STONE BRIDGE
ESTATES, PART 10, IOWA CITY, IOWA; RES. 15-209, APPROVING,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST AN AMENDMENT TO THE AUGUST 21, 2012 AGREEMENT
BY AND BETWEEN THE CITY OF IOWA CITY AND AECOM TECHNICAL
SERVICES OF WATERLOO, IA TO PROVIDE ENGINEERING CONSULTANT
SERVICES FOR THE DUBUQUE STREET / 1-80 PEDESTRIAN BRIDGE
PROJECT; RES. 15-210, APPROVING FINAL PLAT OF CHURCHILL MEADOWS,
IOWA CITY, IOWA; RES. 15-211, APPROVING A 28E PROJECT AGREEMENT
BETWEEN JOHNSON COUNTY, IOWA AND THE CITY OF IOWA CITY, IOWA
FOR IMPROVEMENTS TO A PORTION OF HERBERT HOOVER HIGHWAY FOR
THE CHURCHILL MEADOWS SUBDIVISION; RES. 15-212, AMENDING THE
BUDGETED POSITIONS IN THE COMMUNICATIONS DIVISION OF THE
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June 16, 2015
Page 3
ADMINISTRATIVE OFFICES DEPARTMENT BY RECLASSIFYING ONE -FULL
TIME PRODUCTION ASSISTANT, CABLE TV POSITION TO ONE FULL-TIME
MEDIA PRODUCTION ASSISTANT POSITION.
Setting Public Hearings: RES. 15-213, SETTING A PUBLIC HEARING ON JULY
27, 2015 ON PLANS, SPECIFICATIONS, FORM OF AGREEMENT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2015 PCC PAVEMENT
REHABILITATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF
SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS
ON FILE FOR PUBLIC INSPECTION; RES. 15-214, SETTING PUBLIC HEARING
FOR JULY 27, 2015 ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME
LOCATED AT 917 NORTH DODGE STREET; RES. 15-215, OF INTENT TO
CONSIDER A PROPOSED DEVELOPMENT AGREEMENT WITH CASL
HOLDINGS, LLC., WHICH INCLUDES THE TRANSFER OF LAND DESCRIBED
THEREIN, AND SETTING A PUBLIC HEARING for July 27, 2015 AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF.
Correspondence: Tim Weitzel regarding Unitarian Church; Pat Harney, Johnson
County Board of Supervisors regarding Community Identification Card Program [See
item 3d(3)]; Matt Meisheid (x2) regarding Public Record Request; Sally Scott,
Johnson County Affordable Homes Coalition regarding Wetherby Park [Staff
response included]; Acting Traffic Engineering Planner regarding Installation of NO
PARKING ANY TIME signs on the north, east, and west sides of the no outlet, north
end of South Riverside Drive adjacent to the Iowa River; Traffic Engineering Planner
regarding Relocation of the eastern -most NO PARKING BETWEEN SIGNS sign
located on the north side of Escort Lane SW to a location approximately 35 feet
east; Jim Cochran regarding Bicycle Ordinance Iowa City Code [Staff response
included]; David Robertson regarding Wetherby Park; Daniel Dickens regarding
Texting while operating carnival rides [Staff response included].
Charles Eastham, 953 Canton St., Center for Worker Justice, appeared re the
community ID card and expressed appreciation for Council support of the resolution.
Mary Gravitt, 2714 Wayne Ave., appeared requesting bus shelters in the Towncrest
area, and near Hy -Vee on First Ave./ Muscatine.
A public hearing was held on an ordinance conditionally rezoning 7.8 acres of land
located on the west side of Miller Avenue south of Benton Street from Medium Density
Single Family (RS -8) to Planned Development Overlay/Medium Density Single Family
Residential(OPD-8) Zone (REZ13-00010). Mayor Hayek requested Council Members
report any ex parte communications and none were reported. Development Services
Coordinator Yapp presented a power point. Individual Council Members expressed
their views. Co -Housing project representatives Barb Bailey, 2357 Willenbrock Circle,
and Annie Tucker, 1425 Oaklawn Ave., presented a power point.
Moved by Mims, seconded by Botchway, that the ordinance conditionally rezoning
7.8 acres of land located on the west side of Miller Avenue south of Benton Street from
Medium Density Single Family (RS -8) to Planned Development Overlay / Medium
Density Single Family Residential(OPD-8) Zone (REZ13-00010) be given first vote.
Individual Council Members expressed their views. Co -Housing project representatives
Barb Bailey, 2357 Willenbrock Circle, and Annie Tucker, 1425 Oaklawn Ave.,
responded to questions.
A public hearing was held on an ordinance was held on an ordinance conditionally
rezoning 0.41 acres of land located at 705 and 709 S. Clinton Street from Intensive
Complete Description
June 16, 2015
Page 4
Commercial (CI -1) Zone to Riverfront Crossings — Central Crossings (RFC -CX) Zone
(REZ15-00008). Mayor Hayek noted the conditional zoning agreement had not been
signed so the hearing would be continued and first consideration deferred.
Development Services Coordinator Yapp presented a power point. Mayor Hayek
requested Council Members report any ex parte communications and none were
reported.
Moved by Mims, seconded by Botchway, to continue public hearing and defer first
consideration to July 27 of the ordinance conditionally rezoning 0.41 acres of land
located at 705 and 709 S. Clinton Street from Intensive Commercial (CI -1) Zone to
Riverfront Crossings — Central Crossings (RFC -CX) Zone (REZ15-00008).
A public hearing was held on an ordinance amending the Planned Development
Overlay Plan for Saddlebrook Meadows Part 1 to allow a reduction of the front yard
setback for certain properties located on Blazing Star Drive (REZ15-00011).
Development Services Coordinator Yapp presented a power point. The following
individuals appeared: Duane Musser, MMS Consultants; Steve Gordan, A&M
Management.
Moved by Mims, seconded by Dickens, that the ordinance amending the Planned
Development Overlay Plan for Saddlebrook Meadows Part 1 to allow a reduction of the
front yard setback for certain properties located on Blazing Star Drive (REZ15-00011), be
given first vote.
A public hearing was held on an ordinance rezoning approximately 12,000 square
feet of property from Central Business Service (CB -2) Zone to Central Business Support
(CB -5) Zone located at 410 Iowa Ave. (REZ15-00010). Development Services
Coordinator Yapp presented a power point. Mayor Hayek requested Council Members
report any ex parte communications and none were reported. Atty. Tom Gelman, 714
McLean, appeared representing the owner Whistler Apartment LLC.
Moved by Mims, seconded by Dickens, that the ordinance rezoning approximately
12,000 square feet from Central Business Service (CB -2) Zone to Central Business
Support (CB -5) Zone located at 410 Iowa Ave. (REZ15-00010), be given first vote.
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.15-4626, AMENDING TITLE 14: ZONING TO CREATE
AN EXEMPTION FROM THE FLOOR AREA RATIO LIMITATION AND ESTABLISH
NEW HEIGHT STANDARDS FOR HOSPITALS LOCATED IN THE COMMERCIAL
OFFICE (CO -1) ZONE (REZ15-00009), be voted on for final passage at this time.
Moved by Mims, seconded by Dickens, that the ordinance be finally adopted at this
time.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the Willow Creek / Kiwanis Park Renovation Project
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 Botchway, to adopt RES. 15-216, APPROVING
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE WILLOW CREEK / KIWANIS PARK RENOVATION PROJECT. DIRECTING CITY
CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR
RECEIPT OF BIDS.
Complete Description
June 16, 2015
Page 5
A public hearing was held on a resolution authorizing the Mayor to sign and City
Clerk to attest a lease agreement with Phoenix Childrens Academy, Inc. for Court Street
Transportation Center Space. No one appeared.
Moved by Botchway, seconded by Dickens, to adopt RES. 15-217, AUTHORIZING
THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A LEASE AGREEMENT WITH
PHOENIX CHILDREN'S ACADEMY, INC. FOR COURT STREET TRANSPORTATION
CENTER SPACE.
A public hearing was held on a resolution authorizing conveyance of a single family
home located at 725 East Davenport Street. No one appeared.
Moved by Botchway, seconded by Payne, to adopt RES. 15-218, AUTHORIZING
CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 725 EAST DAVENPORT
STREET.
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 Dickens, seconded by Botchway, to adopt RES. 15-219, AUTHORIZING
CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1116 EAST BURLINGTON
STREET.
A public hearing was held on an ordinance amending Title 17, Chapter 1, Building
Code, by adopting the International Building Code, 2015 Edition, including Appendix K,
and the International Residential Code, 2015 Edition, including Appendix F and
Appendix J, and providing for certain amendments thereof; adopting Section
103.6(1)(a) of the Code of Iowa (The State Electrical Code) and Section 105.4(1)(a) of
the Code of Iowa (The State Plumbing and Mechanical Codes); repealing Chapters 2,
Plumbing Code, 3, Electrical Code, 4, Mechanical Code, 5, Abatement of Dangerous
Buildings Code, and 13, Fuel Gas Code; amending Chapter 12, entitled Appeals; and
amending Title 6, entitled Public Health and Safety, Chapter 1, entitled Nuisances; to
provide for the protection of the health, welfare and safety of the residents of Iowa City
Iowa. No one appeared.
Moved by Payne, seconded by Botchway, that the ordinance amending Title 17,
Chapter 1, Building Code, by adopting the International Building Code, 2015 Edition,
including Appendix K, and the International Residential Code, 2015 Edition, including
Appendix F and Appendix J, and providing for certain amendments thereof;
adopting Section 103.6(1)(a) of the Code of Iowa (The State Electrical Code) and
Section 105.4(1)(a) of the Code of Iowa (The State Plumbing and Mechanical Codes);
repealing Chapters 2, Plumbing Code, 3, Electrical Code, 4, Mechanical Code, 5,
Abatement of Dangerous Buildings Code, and 13, Fuel Gas Code; amending Chapter
12, entitled Appeals; and amending Title 6, entitled Public Health and Safety, Chapter 1,
entitled Nuisances; to provide for the protection of the health, welfare and safety of the
residents of Iowa City Iowa, be given first vote. Moved by Botchway, seconded by Mims
to accept correspondence from Ginalie Swaim.
A public hearing was held on an ordinance amending Title 7, Chapter 1, Fire Code,
by adopting the 2015 Edition of the International Fire Code to regulate and govern the
safeguarding of life and property from fire and explosion hazards arising from the
storage, handling and use of hazardous substances, materials and devices, and from
conditions hazardous to life or property in the occupancy of buildings and premises in
the City of Iowa City and providing for the issuance of permits. No one appeared.
Moved by Mims, seconded by Throgmorton, that the ordinance amending Title 7,
Chapter 1, Fire Code, by adopting the 2015 Edition of the International Fire Code to
Complete Description
June 16, 2015
Page 6
regulate and govern the safeguarding of life and property from fire and explosion
hazards arising from the storage, handling and use of hazardous substances, materials
and devices, and from conditions hazardous to life or property in the occupancy of
buildings and premises in the City of Iowa City and providing for the issuance of
permits, be given first vote.
Moved by Mims, seconded by Botchway, that the ordinance amending Title 17,
entitled 'Building and Housing," Chapter 11, entitled "Licensing," to reflect that all
licenses for building trades are issued by the state except for sanitary sewer and water
service installer, be given first vote.
Moved by Mims, seconded by Botchway, to adopt RES. 15-220, DIRECTING
EXECUTION OF A MASTER LEASE PURCHASE AGREEMENT AND AGREEMENT
REGARDING ASSIGNMENT AND ASSUMPTION OF LEASE PURCHASE
AGREEMENT; AND AUTHORIZING THE EXECUTION, PERFORMANCE AND
DELIVERY OF A PLEDGE AND SECURITY AGREEMENT, ASSIGNMENT AND
DELEGATION AGREEMENT, TRUST AGREEMENT, PROJECT WARRANTIES
AGREEMENT AND REVISED EXHIBIT B TO THE MASTER LEASE PURCHASE
AGREEMENT, SUBJECT TO CERTAIN CONDITIONS PRECEDENT. Finance Dir.
Bockenstedt presented a power point.
Moved by Mims, seconded by Dickens, to adopt RES. 15-221, APPROVING AN
AMENDED AGREEMENT FOR PRIVATE DEVELOPMENT BY AND BETWEEN THE
CITY OF IOWA CITY, IOWA AND A&M DEVELOPMENT II, L.L.C. FOR THE SABIN
TOWNHOMES.
Moved by Payne, seconded by Botchway, that the ordinance amending Title 6,
entitled "Public Health and Safety," Chapter 10, entitled "Smoke Free Places," to
prohibit smoking electronic cigarettes in areas where it is illegal to smoke tobacco, be
given first vote. The following individuals appeared: Doug Beardsley, 681 Sandusky,
Dir. of Johnson County Public Health; Joseph Dobrian, 1015 Second Ave.; Michael
Conroy, Muscatine Ave.; Michael McLaughlin, Vice -Chair Johnson County Public Health
Board; and Joy Beadleston. Individual Council Members expressed their views.
Moved by Mims, seconded by Botchway, 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. 15-4627, AMENDING TITLE 8, POLICE REGULATIONS,
CHAPTER 8, CITIZENS POLICE REVIEW BOARD, TO RENAME THE BOARD TO
COMMUNITY POLICE REVIEW BOARD AND REMOVE OR REPLACE THE WORD
"CITIZEN" IN ACCORDANCE WITH RECENT CHANGES TO THE CITY CHARTER, be
voted on for final passage at this time. Moved by Mims, seconded by Botchway, that
the ordinance be finally adopted at this time.
Moved by Botchway, seconded by Dickens, to adopt RES. 15-222, APPROVING
THE BY-LAWS OF THE COMMUNITY POLICE REVIEW BOARD, INCLUDING A
NAME CHANGE FROM CITIZENS POLICE REVIEW BOARD AND REPEALING
RESOLUTION 13-289.
Moved by Payne, seconded by Botchway, to adopt RES. 15-223, TO ADOPT THE
COMMUNITY POLICE REVIEW BOARD STANDARD OPERATING PROCEDURES
AND GUIDELINES INCLUDING A NAME CHANGE FROM CITIZENS POLICE
REVIEW BOARD AND REPEALING RESOLUTION 13-290.
Complete Description
June 16, 2015
Page 7
Moved by Mims, seconded by Dickens, to make appoint Keith Ruff, 601 S. Gilbert
St., to the Airport Zoning Brd of Adjustment for a five-year term January 1, 2012 -
December 31, 2016.
The Mayor noted that 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, 2014 — December 31, 2018 (Formerly advertised; Full term);
Historic Preservation Commission for a Jefferson St. representative for a three-year
terms, March 29, 2013 — March 29, 2016 (New District formed).
The Mayor noted the current vacancy to Boards and Commissions: Appeals, Board
of for an unexpired five-year term January 1, 2014 - December 31, 2018, for a HVAC
or building design professional or qualified by experience and training (Unexpired term)
The Mayor noted the previously announced vacancies: Citizens' Police Review
Board for a four-year term, September 1, 2015 — September 1, 2019; Housing and
Community Development Commission for three vacancies to fill three-year terms
September 1, 2015 — September 1, 2018; Parks and Recreation Commission for I an
unexpired term, upon appointment — January 1, 2018. Applications must be received by
5:00 p.m., Wednesday, July 22, 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.]
Council Member Botchway noted the proclamation at the beginning of the meeting
on the Juneteenth celebration planned for June 27th at the Robert A. Lee Rec. Center
and encouraged the community to attend the 150th anniversary celebration.
Council Member Payne reminded everyone of the Party in the Park planned at
Benton Hill Park on June 18tH
Mayor Hayek congratulated the West High girls soccer team for their state
championship; noted the letter in the packet from Fair Grounds Cafe owner thanking
Transportation Services Dir. O'Brien and staff for their help on a recent fire; and
extended condolences to the City of West Branch on the sudden death of Mayor Mark
Worrell.
City Manager Markus welcomed the community's newest resident. Paxton Klein
Fruin. Council congratulated Asst. City Manager Fruin and his wife on the arrival of
their third child.
Moved by Mims, seconded by Payne, to adjourn meeting at 8:35 p.m.
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk