HomeMy WebLinkAbout2015-10-06 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
OCTOBER 6, 2015
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,
Voparil, Boothroy, Ralston, Yapp, Bockenstedt, Kelsay, Yapp, Laverman.
The Mayor presented the Student Leadership Awards to Twain Elementary students:
Ivy Aijala-Wardell, Luis Arana Spencer, and Angela Villatoro.
The Mayor proclaimed Domestic Violence Awareness Month — October, Kristie
Fortmann-Doser, Executive Director and Missie Forbes, Development Director
accepting; National Hispanic Heritage Month — September 15 thru October 15, Stella
Hart, Human Rights Commission accepting; Fire Prevention Week, October 4-10, Lt.
Scott Goolsby accepting.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Payne, 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: September 15 Work Session; September 15 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 — July 16; Board of Adjustment — August 12; Civil Service Commission
— August 18; Housing & Community Development — June 18; Human Rights
Commission — August 18; Library Board of Trustees — August 27; Parks and
Recreation Commission — August 12; Planning & Zoning Commission — August 6;
Planning & Zoning Commission — August 20; Planning & Zoning Commission —
September 3; Telecommunications Commission — August 24.
Permit Motions and resolutions as recommended by the City Clerk.
Renewal: Special Class C Liquor License for Angela, Inc., dba Masala, 9 S.
Dubuque St.; Class C Liquor License for Blue Moose, Inc., dba Blue Moose, 211
Iowa Ave.; Class C Liquor License for Caffrey, Inc., dba DC'S, 124 S. Dubuque St.;
Class C Liquor License for Mondo's of Iowa City, Inc., dba Joseph's Steakhouse,
212 S. Clinton St.; Class C Beer Permit for HWZ L.L.C., dba RJ'Z Express, 2 Escort
Lane; Class C Liquor License for Corridor Entertainment LC, dba Studio 13, 13
South Linn St.; Class C Liquor License for Los Portales Mexican Restaurant dba Los
Portales, 1402 S. Gilbert St.; Class E Liquor License for TR Advani llc., dba Cork &
Bottle, 610 Eastbury; Class C Liquor License for Hilltop Tavern, Ltd., dba Hilltop
Lounge, The, 1100 N. Dodge St.; Class C Liquor License for Christian Retirement
Services, dba Oaknoll Retirement Residence, 1 Oaknoll Court; Class E Liquor
License for L&M Mighty Shop inc., dba L&M Mighty Shop, 504 E. Burlington St.;
Class C Liquor License for IC Entertainment dba Bardot, 347 S. Gilbert St. RES.
15-297, TO ISSUE DANCING PERMIT for Corridor Entertainment LC, dba Studio
13,13 South Linn St and Blue Moose, Inc, dba Blue Moose, 211 Iowa Ave; Refund
an unused portion of Class C Liquor License for Iowa City Eastside Cafe, Inc., dba
Bob's Your Uncle Pizza Cafe, 2208 N. Dodge.
Resolutions and Motions: RES. 15-298, ACCEPTING PAYMENT OF $300 CIVIL
PENALTY AND WAIVER OF RIGHT TO HEARING FROM DELI MART #3; RES.
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October 6, 2015
Page 2
15-299, ACCEPTING THE DEDICATION OF CERTAIN EASEMENTS OVER
AUDITOR'S PARCEL 2009016, IOWA CITY, IOWA; RES. 15-300, ESTABLISHING
A POLICY THAT SPOUSES AND RELATIVES OF CITY COUNCIL MEMBERS,
PERSONS ALREADY SERVING AS BOARD OR COMMISSION MEMBERS, AND
MEMBERS OF COMPARABLE COUNTY BOARDS OR COMMISSIONS SHALL
NOT BE ELIGIBLE FOR APPOINTMENT TO CITY BOARDS OR COMMISSIONS,
AND ESTABLISHING A REAPPOINTMENT PROCESS FOR CITY BOARDS AND
COMMISSIONS AND REPEALING RESOLUTION 85-354; RES. 15-301,
REPEALING RESOLUTION No. 14-270 AND APPROVING A NEW COMPILATION
OF CONTRACTUAL AUTHORITY DELEGATED FROM THE CITY COUNCIL TO
THE CITY MANAGER WHICH ADDS AUTHORITY FOR THE CITY MANAGER TO
SIGN DOCUMENTS RELATED TO INSURANCE COVERAGE; RES. 15-302,
ACCEPTING THE WORK FOR THE SANITARY SEWER PUBLIC
IMPROVEMENTS FOR WINDSOR RIDGE - PART TWENTY TWO, LOT 1, AND
DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND
USE; RES. 15-303, ACCEPTING THE WORK FOR THE STORM SEWER,
SANITARY SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR
BROOKWOOD POINTE FOURTH ADDITION, AND DECLARING THE PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 15-304,
ACCEPTING THE WORK FOR THE STORM SEWER, SANITARY SEWER, AND
PAVING PUBLIC IMPROVEMENTS FOR THE PORTION OF THE CROSSING
COMMONS WITHIN IOWA CITY, AND DECLARING THE PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 15-305,
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 NEUMANN MONSON ARCHITECTS, INC. TO PROVIDE
CONSULTANT SERVICES FOR THE PUBLIC WORKS MASTER PLAN AND
LANDFILL FACILITY MASTER PLAN PROJECT; RES. 15-306, AWARDING
CONTRACT to All-American Concrete for $346,947.00 AND AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE
CONSTRUCTION OF THE WILLOW CREEK / KIWANIS PARK IMPROVEMENT
PROJECT— PHASE 1; RES. 15-307, APPROVING FINAL PLAT OF SYCAMORE
WOODS, PART 1, IOWA CITY, IOWA; RES. 15-308, APPROVING FINAL PLAT
OF SYCAMORE WOODS, PART 2, IOWA CITY, IOWA; RES. 15-309,
APPROVING FINAL PLAT OF SYCAMORE WOODS, PART 3, IOWA CITY, IOWA;
RES. 15-310, APPROVING FINAL PLAT OF SYCAMORE WOODS, PART 4, IOWA
CITY, IOWA; RES. 15-311, APPROVING FINAL PLAT OF SYCAMORE WOODS,
PART 5, IOWA CITY, IOWA; RES. 15-312, APPROVING FINAL PLAT OF
SYCAMORE WOODS, PART 6, IOWA CITY, IOWA; Authorizing the Mayor to
provide a letter of support to the National Endowment for the Arts (NEA) as part of an
Our Town Grant Application that seeks funding to host several creative placemaking
events focused in the South District Area of Iowa City; RES. 15-313, AMENDING
THE BUDGETED POSITIONS IN THE TRANSPORTATION AND RESOURCE
MANAGEMENT DEPARTMENT AND THE AFSCME PAY PLAN BY DELETING
TWO FULL-TIME MAINTENANCE WORKER III POSITIONS AND ONE FULL-TIME
RECYCLE CLERK POSITION AND ADDING TWO FULL-TIME LANDFILL
OPERATOR POSITIONS AND ONE FULL-TIME CUSTOMER SERVICE
REPRESENTATIVE POSITION; RES. 15-314, AUTHORIZING THE MAYOR TO
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October 6, 2015
Page 3
SIGN AND THE CITY CLERK TO ATTEST A LEASE AGREEMENT BETWEEN
THE CITY OF IOWA CITY, IOWA AND THE IOWA CITY AREA DEVELOPMENT
GROUP (ICAD), INC., for 136 S. Dubuque Street.
Setting Public Hearings: RES. 15-315, SETTING PUBLIC HEARING FOR
OCTOBER 20, 2015, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME
LOCATED AT 606 NORTH GILBERT STREET; RES. 15-316, SETTING A PUBLIC
HEARING ON OCTOBER 20, 2015 ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE MERCER PARK
PLAYGROUND REPLACEMENT 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. 15-317,
SETTING A PUBLIC HEARING ON OCTOBER 20, 2015 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE 2015 SANITARY SEWER 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; Setting a public hearing for October 20 on a resolution
approving an amendment to the Comprehensive Plan — to add a three block area
bounded by Burlington Street, Iowa Avenue, Gilbert Street, and Van Buren Street to
the Downtown District Section of the Downtown and Riverfront Crossings Master
Plan. Setting a public hearing for October 20 on a resolution approving an
amendment to the Comprehensive Plan — an update to South District Plan.
Correspondence: Larry Fitzpatrick regarding Mormon Trek Road Diet; Dawn
Jones, 100 Grannies: Community Rights Workshop; Stephanie Coupland regarding
Request For Stop Sign [Staff response included]; Jerry Hansen regarding PIN Grant
[Staff response included]; Mark Signs; Sally Scott, Howard and Jo Hensch, Garry
Klein, Tom Carsner, Lindsay Alan Park, Dan Daly, Karen Fox, Dennis Frauenholz,
Carol deProsse, Tim Krabill, John Thomas regarding County Minimum Wage Plan;
Sean Dixon regarding Thank you [Staff response included]; Curtis Young regarding
Meters [Staff response included]; Doyle Landry regarding 30 Blessings On Kingsley
Botchway's September 28 Birthday; Acting Traffic Engineering Planner regarding
Installation of (2) YIELD signs at the intersection of Tofting Avenue / Circle and
Russell Drive, (2) YIELD signs at the intersection of Wetherby Drive and Russell
Drive, (2) YIELD signs at the intersection of Terrapin Drive and Russell Drive, and
(2) YIELD signs at the intersection of Dickenson Lane and Russell Drive; Acting
Traffic Engineering Planner regarding Removal of (1) DISABLED PARKING space
in front of 1908 Delwood Drive; Acting Traffic Engineering Planner regarding
Installation of (2) STOP signs for westbound traffic on Daniel Place SE and Moira
Avenue SE at their respective intersections with Sycamore Street SE; Acting Traffic
Engineering Planner regarding Installation of (3) YIELD signs at the northwest and
southeast corners of the intersection of Covered Wagon Drive and Oxen Lane; and
at the southeast corner of the intersection of Langenberg Avenue and Covered
Wagon Drive; Acting Traffic Engineering Planner regarding Relocation of a NO
PARKING BETWEEN SIGNS sign on Escort Lane SW.
Mary Gravitt, 2714 Wayne Avenue, appeared regarding bus shelters on the
outbound Towncrest route and reestablishment of the Mall bus route. Joy Beadleston,
1570 S. First Avenue, supported Mary Gravitt's comments and voiced her concerns
regarding the Mall bus route and delays. Marilyn Calkins, 2714 Wayne Avenue,
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October 6, 2015
Page 4
appeared supporting the minimum wage ordinance. Doyle Landry appeared regarding
lease for 136 S Dubuque St., and diversity issues.
Moved by Payne, seconded by Botchway, that the ordinance rezoning ordinance
conditionally rezoning approximately 18.66 acres of property located south of Herbert
Hoover Highway, from County MultiFamily Residential (RMF) to 16.75 acres Low
Density Single Family (RS5) and 1.91 acres Low Density MultiFamily (RM -12) (REZ15-
00014 / ANN15-00001), be given second vote. The Mayor requested Council Members
disclose any ex parte communications and none were reported.
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. 15-4643, REZONING APPROXIMATELY 1.45 ACRES OF
PROPERTY FROM COMMUNITY COMMERCIAL (CC -2) TO RIVERFRONT
CROSSINGS - WEST RIVERFRONT (RFC -WR) ZONE LOCATED AT THE
NORTHWEST CORNER OF BENTON STREET AND RIVERSIDE DRIVE (Kum & Go
REZ15-00015) be voted on for final passage at this time. Moved by Mims, seconded by
Botchway, that the ordinance be finally adopted at this time.
A public hearing was held on a resolution authorizing conveyance of a single family
home located at 1104 East Burlington Street. Neighborhood Services Coordinator
Hightshoe presented a power point. Individual Council Members expressed their views.
Moved by Mims, seconded by Dickens, to adopt RES. 15-318, AUTHORIZING
CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1104 EAST BURLINGTON
STREET.
Moved by Mims, seconded by Botchway, to adopt RES. 15-319, ADOPTING THE
DEBT MANAGEMENT POLICY FOR THE CITY OF IOWA CITY. Finance Director
Bockenstedt presented a power point. Individual Council Members expressed their
views.
Mayor Hayek and Council Member Dickens stated they would be abstaining due to a
conflict of interest. Mayor Pro tem Mims now presiding Moved by Botchway, seconded
by Payne, to set a public hearing for November 10, 2015, on an ordinance to re-establish
the Iowa City Downtown Self -Supported Municipal Improvement District for a period of
ten years in accordance with Iowa Code Chapter 386. Individual Council Members
expressed their views. The Mayor Pro tem declared the motion carried, 5/0, Hayek,
Dickens abstaining. Mayor Hayek now presiding.
Moved by Payne, seconded by Dickens, to adopt RES. 15-320, AUTHORIZING THE
INSTALLATION OF SPEED HUMPS ON SANDUSKY DRIVE, BETWEEN KEOKUK
AND BROADWAY STREETS.
Moved by Payne, seconded by Botchway, to adopt RES. 15-321, AUTHORIZING
THE INSTALLATION OF SPEED HUMPS ON WESTBURY DRIVE, BETWEEN
GLASTONBURY STREET AND WESTBURY COURT.
Moved by Payne, seconded by Mims, that the ordinance amending Title 17, entitled
"Building and Housing," Chapter 5, entitled "Housing Code," to support neighborhood
stabilization by prohibiting furniture on roofs, adding standards for exterior building and
fence surfaces, requiring screening of dumpsters on multi -family dwellings and under
certain decks/porches, limiting the storage of landscaping/construction material, and
requiring GFCI protected outlets and carbon monoxide detectors, be given first vote.
Individual Council Members expressed their views. Joy Beadleston and Jan Rummey,
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October 6, 2015
Page 5
appeared. Moved by Botchway, seconded by Throgmorton, to accept correspondence
from Tim Weitzel.
Moved by Botchway, seconded by Payne, that the ordinance amending Title 8,
entitled "Police Regulations," Chapter 2, entitled "Alarm Systems," to update the
provisions regarding alarm systems, be given first vote.
Moved by Mims, seconded by Dobyns, 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. 15-4644, AMENDING TITLE 4, ALCOHOLIC BEVERAGES,
CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 7 LIMITATIONS ON
SALES, SUBSECTION B, TO CLARIFY INAPPLICABILITY TO TASTING EVENTS, be
voted on for final passage at this time. Moved by Mims, seconded by Botchway, that
the ordinance be finally adopted at this time.
The Mayor noted the previously announced vacancies: Airport Commission for an
unexpired four-year term effective upon appointment — March 1, 2017; Airport Zoning
Brd. of Adjustment for a five- year term January 1, 2014 — December 31, 2018.
(Formerly advertised; Full term); Appeals, Board of — One vacancy to fill 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); Historic
Preservation Commission — One vacancy 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, October 14, 2015. Airport Zoning Brd of
Adjustment for a five-year term January 1, 2016 - December 31, 2021; Appeals, Board
of, for a five-year term January 1, 2016 - December 31, 2020. For a Licensed
Electrician or qualified by experience and training; Human Rights Commission for three
vacancies to fill three-year terms, January 1, 2016 — January 1, 2019; Parks and
Recreation Commission for two vacancies to fill four-year terms, January 1, 2016 —
January 1, 2020.; Public Art Advisory Committee for a three-year term, January 1, 2016
— January 1, 2019; Senior Center Commission for three vacancies to fill three-year
terms, January 1, 2016 — December 31, 2019. Applications must be received by
5:00 p.m., Wednesday, November 4, 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.]
Councilmember Throgmorton reported on his ride on the Towncrest bus with Mary
Gravitt.
Councilmember Dickens thanked Doug Alberhasky and all the volunteers for the
Brewfest event the previous week -end; and acknowledged the Chicago Cubs baseball
"fantasy" game Wednesday evening.
Council Member Payne encouraged people to visit the City's website for a list of
Boards and Commission vacancies, and apply for an open position.
Council Member Dobyns stated that the City's Gateway Project should not interfere
with the grand opening of the new Hancher building next year.
City Manager reported on the current search for Park Director and Water
Superintendent and the succession plan progress that has been made.
Moved by Payne, seconded by Botchway, to adjourn regular meeting at 8:44 p.m.
Complete Description
October 6, 2015
Page 6
Matthew J. Hayek, Mayor
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MEMORANDUM
Date: September 28, 2015
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, September 15, 2015, 5:00 PM in Emma J. Harvat Hall
Council: Botchway (arrived 5:30), Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton
UISG: Neal
Staff: Markus, Fruin, Dilkes, Karr, Boothroy, Ralston, Moran, Andrew, Yapp, Howard,
Schaul, Rackis, Craig, Havel, Rummel, Bowers, Sproule
A transcription and power points are available in the City Clerk's Office and the City website.
QUESTIONS FROM COUNCIL REGARDING AGENDA ITEMS
1. (Agenda items # 6, 7, 8, 9, 10, 11 — Tobacco civil penalties ... ) City Clerk Karr reported
that payments and waivers have been received for items, 6, 7, 8, and 9 and a hearing
would be held on items 10 and 11 only. Mayor Hayek stated he would accept a motion to
adopt items 6-9 as one motion at the formal meeting
2. (Consent Calendar item # 2f(2) — Pedestrian Risk on Dubuque Street ...) In response to
Council Member Dobyns, Transportation Planner Ralston and Development Services
Coordinator Yapp responded to questions and stated they would follow up with a memo,
3. (Consent Calendar item # 2d(4) — Section 8 Coordinator Position ... ) In response to
Council Member Payne, City Manager Markus clarified that the position was staffed at
75 hours per pay period and not per week as stated in the agenda comment.
4. (Consent Calendar item # 2e(1) — UniverCity Sale, 1104 East Burlington ... ) Council
Member Payne stated $199,600 is too much for an income eligible buyer, noting it was a
great program but irresponsible to sell a $200,000 house to income eligible buyer.
Mayor Pro tem Mims noted the buyers would have to mortgage the house with a bank or
credit union; Council Member Throgmorton noted the primary purpose of the program
was to strengthen neighborhoods close to the university, noting it was a bit costly.
5. (Agenda item # 2b(2) - Library Board of Trustees (minutes) ...) In response to Council
Member Payne, Library Dir. Craig stated that "NOBU" referred to in the minutes "Non-
operating budget".
6. (Agenda item # 2b(3) — Parks and Recreation Commission (minutes) ...) In response to
Council Member Payne, Parks and Recreation Dir. Moran clarified that pieces of the
playground equipment will be repurposed in other parks and a whole new playground
system installed.
COUNCIL APPOINTMENTS fApenda # 131
Community Police Review Board — Don King
Council Work Session
September 15, 2015
Page 2
136 S. DUBUQUE STREET PROPERTY UPDATE [IP # 3 Info Packet of 9/10 info packet]
City Manager Markus introduced David Conrad, Asst. Vice -President of Economic Development
for the University of Iowa; Mark Nolte, Iowa City Area Development (ICAD); Susan Craig, Public
Library Dir.; and Nancy Bird, Iowa City Downtown District. Asst. City Manager Fruin and Vice -
President Conrad and Director Nolte presented information. Council majority agreed to proceed.
STAFF ACTION: Proceed as outlined. (Fruin)
INFORMATION PACKET DISCUSSION (September 3. 101
September 3
1. (IP4 — Boards and Commissions ...) Council Members discussed the information
received from Boards and Commission relative to term duration and requested
appointment information on the current make-up of Planning and Zoning members. Staff
will provide a memo. City Clerk Karr and Equity Dir. Bowers present for discussion.
Council agreed to proceed with recommendations 1 and 2 for the October 6 meeting;
and come back to Council with additional information on terms.
2. (IP5 — Government Alliance on Race & Equity (GARE) Training) Equity Dir. Bowers
responded to questions on the training.
3. (IP6 - Traffic Calming on Westbury Drive) Transportation Planner Ralston responded to
questions explaining that a survey is sent to each household, each household has one
response, staff tallies and presents a recommendation to Council.
September 10
1. (IP4 — ... KXIC ... ) Council agreed to the following schedule:
Wednesday
September 23 — Hayek
September 30 — Dickens
October 7 — Botchway
October 14 — Hayek
October 21 — Blue Zones (Shannon Greene)
October 28 — Mims
November 4 — Throgmorton
November 11 (pre-recorded 10am 11/10) —
November 18 —
November 25 —
December 2 —
December 9 —
December 16 —
December 23 —
December 30 -
Frida
October 2 — Dobyns
October 16 — Dobyns
November 6 — Dobyns
November 20 —
December 4 — Dobyns
December 18 —
Council Work Session
September 15, 2015
Page 3
2. (IP7 - Diversity Implementation Update & Status on Racial Equity and Diversity Initiative
Second Quarter 2015) Mayor Hayek noted the attachment (# 1) from the City Manager
regarding the Community Police Review Board and stated it would be great if other
communities followed Iowa City's lead of public oversight of their police operations.
Council Member Payne questioned a reference on page 4 of the report to a "Google
translate button". Asst. City Manager Fruin stated the button translates the document to
different languages.
3. (11310 - Affordable Housing Projects in Iowa City) Mayor Pro tem Mims stated it was a
great summary of City projects.
4. (IP8 - 2014 Equity Report with Appendices) Council Member Throgmorton thanked
Equity Dir. Bowers for the report and questioned whether the report discussed disparities
in education, income, employment, and access to jobs. Equity Dir. Bowers responded
that the report considers internal data related to City services, programs, and operations.
Council Member Botchway encouraged other jurisdictions in Johnson County do a
similar report.
COUNCIL TIME / PENDING WORK SESSIONS TOPICS [IP # 5 of 9/10 Info Packet]
1. Council Member Botchway asked that two issues be placed on the agenda for the joint
meeting October 19, regional appearance / regionalism re issues and decorum to
promote a working relationship between respective governments. Council Member
Throgmorton expressed interest to have an updated report on Affordable Housing from
the subcommittee. MPO Dir. Ralston present for discussion. City Clerk Karr stated
agenda items for the joint meeting would be on the October 6 work session for
discussion.
2. Council Member Throgmorton thanked City Manager Markus for arranging his visit with
Street Supt. Jon Resler and learning information on the City's operations; and thanked
Mark Twain Elementary Principal Mary Bontrager for showing him recent improvements
at the school.
3. Mayor Pro tem Mims reported on the annual parks tour she and Council Member
Throgmorton attended; and thanked Parks and Recreation Dir. Moran and Commission
members.
MEETING SCHEDULE
None
Meeting adjourned 6:35 P.M.
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
SEPTEMBER 15, 2015
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, Karr, Moran, Craig, Howard, Boothroy, Knoche, Sproule, Schaul, Yapp.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Mims, 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: September 1 Work Session; September 1 Formal Official & Complete.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action):
Community Police Review Board — July 20; Library Board of Trustees — July 23;
Parks and Recreation Commission — July 8.
Permit Motions and Resolutions as Recommended by the City Clerk. Renewal:
Class C Liquor License for Bread Garden Of Iowa City, L.L.C., dba Bread Garden
Market and Bakery, 225 S. Linn St.; Class C Liquor License for Corner of the
Meadow, Inc., dba Motley Cow Cafe, 160 N. Linn St.; Class E Liquor Permit for
Jason Caylor, dba Liquor Downtown, 315 S. Gilbert St.; Class C Liquor License for
Gabe's Oasis, L.L.C., dba Gabe's, 330 E. Washington St.; Outdoor Service Area for
Gabe's Oasis, L.L.C., dba Gabe's, 330 E. Washington St.; Class C Beer Permit for
On The Go Convenience Stores, dba On The Go Convenience Stores, Inc., 2315
Muscatine Ave.
New: Five Day Class B Beer Permit for Iowa City Downtown District, dba
Northside Oktoberfest, 300 Block Market St.; Class B Beer Permit for Paha Hills Inc.,
dba Iowa City Brewlab, 505 E. Washington St.; Five Day Class B Beer Permit for
Summer of the Arts Inc., dba Friday Night Concert Series, 13 S. Linn St.; Five Day
Outdoor Service Area for George's Buffett, Inc., dba George's Buffett, 312 E. Market
St.
Resolutions and Motions: RES. 15-271, AMENDING THE BUDGETED
POSITIONS IN THE MPOJC DIVISION OF THE NEIGHBORHOOD AND
DEVELOPMENT SERVICES DEPARTMENT AND THE ADMINISTRATIVE PAY
PLAN BY DELETING ONE FULL-TIME ASSOCIATE PLANNER POSITION AND
ADDING ONE FULL-TIME SENIOR ASSOCIATE PLANNER POSITION; RES. 15-
272, AMENDING THE BUDGETED POSITIONS IN THE CITY MANAGER'S
OFFICE AND THE ADMINISTRATIVE PAY PLAN BY DELETING THE
ADMINISTRATIVE ANALYST POSITION AND ADDING AN ASSISTANT TO THE
CITY MANAGER POSITION; RES. 15-273, AMENDING THE AFSCME PAY PLAN
BY RECLASSIFYING ONE FULL-TIME LIBRARY WEB SPECIALIST POSITION
FROM AFSCME GRADE 11 TO AFSCME GRADE 14; RES. 15-274, AMENDING
THE BUDGETED POSITIONS IN THE NEIGHBORHOOD SERVICES DIVISION OF
THE NEIGHBORHOOD AND DEVELOPMENT SERVICES DEPARTMENT BY
INCREASING THE POSITION OF SECTION 8 COORDINATOR FROM .94FTE TO
1.OFTE; RES. 15-275, APPROVING AN AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND SUMMER OF THE ARTS, INC. TO ALLOW THE TEMPORARY
Complete Description
September 15, 2015
Page 2
AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER AND NATIVE
WINES DURING A FRIDAY NIGHT CONCERT ON SEPTEMBER 18, 2015 WITHIN A
SPECIFIED AREA ON A CITY STREET; RES. 15-276, APPROVING AN
AGREEMENT BETWEEN THE CITY AND IOWA CITY DOWNTOWN SELF -
SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT TO ALLOW THE
TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER
DURING NORTHSIDE OKTOBERFEST WITHIN A SPECIFIED AREA ON A CITY
STREET; RES. 15-277, ACCEPTING THE WORK FOR THE REMOVAL OF 2014
FLOOD -RELATED SAND AND DEBRIS FROM CITY PARK PROJECT; RES. 15-
278, ACCEPTING THE WORK FOR THE NORMANDY DRIVE RESTORATION
PROJECT, PHASE IIIA PROJECT; To approve disbursements in the amount of
$22,434,446.70 for the period of July 1 through July 31, 2015, as recommended by
the Finance Director subject to audit; RES. 15-279, RESOLUTION APPROVING
THE CITY STREET FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE
30, 2015; RES. 15-280, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST THE IOWA DEPARTMENT OF TRANSPORTATION
FUNDING AGREEMENT [6-15-STPPU-19] FOR THE IOWA CITY GATEWAY
PROJECT; RES. 15-281, APPROVING, AUTHORIZING AND DIRECTING THE
MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT NO. 1
TO THE JUNE 3, 2014 AGREEMENT BY AND BETWEEN THE CITY OF IOWA
CITY AND SNYDER & ASSOCIATES, INC. TO PROVIDE ENGINEERING
CONSULTANT SERVICES FOR THE FIRST AVENUE GRADE SEPARATION
PROJECT; RES. 15-282, RESCINDING RESOLUTION NO. 15-133; RES. 15-283,
ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE DEFENSE TO
TOBACCO CIVIL PENALTY BY HY-VEE GAS; RES. 15-284, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONSENT FOR
COLLATERAL ASSIGNMENT OF AGREEMENT FOR PRIVATE
REDEVELOPMENT BY IOWA CITY HOTEL ASSOCIATES LLC TO WEST BANK;
Notify the Iowa City Planning and Zoning Commission of the petition to re-establish
the Iowa City Downtown Self Supported Municipal Improvement District for ten (10)
years filed with the City Clerk on September 11, 2015 and referring said petition to the
Planning and Zoning Commission for the preparation of an evaluative report for the
Council on the merit and feasibility of the project, all in accordance with Chapter 386
of the Code of Iowa.
Setting Public Hearings: RES. 15-285, SETTING PUBLIC HEARING FOR
OCTOBER 6, 2015, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME
LOCATED AT 1104 EAST BURLINGTON STREET.
Correspondence: Jerry Hansen regarding Sandusky speed bumps [Staff
response included]; Ricardo Cortez regarding Pedestrian Risk on Dubuque Street;
Mark VonStein regarding Cab Companies based out of Iowa City or Coralville [Staff
response included]; Tim Weitzel; Ginalie Swaim regarding Introduction to Historic
Preservation John Kenyon regarding UNESCO Creative Cities Network Update;
Acting Traffic Engineering Planner regarding Establish a TOW AWAY ZONE, in
addition to the existing NO PARKING 2AM — 6AM prohibition, for metered parking
spaces at the following locations: (7) spaces on the south side of the 200 block of
East Court Street, (3) spaces on the south side of the 300 block of East Court Street,
(9) spaces on the east side of the 500 block of South Linn Street, (5) spaces on the
south side of the 300 block of East Harrison Street, and (6) spaces on the south side
Complete Description
September 15, 2015
Page 3
of the 200 block of East Prentiss Street; Acting Traffic Engineering Planner
regarding Installation of (1) NO PARKING HERE TO CORNER sign on the west side
of Dublin Drive 30 feet from the corner of Tipperary Road; Acting Traffic Engineering
Planner regarding Installation of NO PARKING ANY TIME signs on the east side of
Gilbert Court between 800 and 822 Gilbert Court.
Mary Gravitt, 2714 Wayne Ave., distributed information and requested bus shelters
on the outward bound Towncrest bus route and at Gilbert and Kirkwood; crosswalk
ramps closer to Sycamore and Lower Muscatine; hiring of a maintenance person for the
Public Library; and payment of hospital bills for an accident at the Public Library. Doyle
Landry, Positive Vision Ministries, distributed information regarding record
discrimination he experienced; and encouraged further discussion and dialogue. Moved
by Throgmorton, seconded by Botchway to accept correspondence from Mary Gravitt
and Doyle Landry.
A public hearing was held on an ordinance rezoning approximately 1.45 acres of
property from Community Commercial (CC -2) to Riverfront Crossings - West Riverfront
(RFC -WR) Zone located at the northwest corner of Benton Street and Riverside Drive
(REZ15-00015). The Mayor request Council Members disclose any ex parte
communications and none were reported. Development Services Coordinator Yapp
presented a power point. Shavon Harmon, Kum and Go, appeared. Moved by
Botchway, seconded by Dickens, to accept correspondence from Nick Halfhill.
Moved by Mims, seconded by Dickens, that the ordinance rezoning approximately
1.45 acres of property from Community Commercial (CC -2) to Riverfront Crossings -
West Riverfront (RFC -WR) Zone located at the northwest corner of Benton Street and
Riverside Drive (REZ15-00015), be given first vote. Individual Council Members
expressed their views.
A public hearing was held on a resolution for a voluntary annexation of
approximately 18.66 acres of property located south of Herbert Hoover Highway and on
an ordinance conditionally rezoning approximately 18.66 acres of property located south
of Herbert Hoover Highway, from County Multifamily Residential (RMF) to 16.75 acres
Low Density Single Family (RS5) and 1.91 acres Multifamily (RM -12) (ANN15-00001 /
REZ15-00014). The Mayor request Council Members disclose any ex parte
communications and none were reported. Development Services Coordinator Yapp
presented a power point.
Moved by Mims, seconded by Botchway, to adopt RES. 15-286, FOR A
VOLUNTARY ANNEXATION OF APPROXIMATELY 18.66 ACRES OF PROPERTY
LOCATED SOUTH OF HERBERT HOOVER HIGHWAY (ANN15-00001 / REZ15-
00014). Individual Council Members expressed their views. The Mayor declared the
resolution adopted, 5/2, with the following division of roll call vote: Ayes: Dickens,
Dobyns, Hayek, Mims, Payne. Nays: Throgmorton, Botchway.
A public hearing was held on an ordinance conditionally rezoning approximately
18.66 acres of property located south of Herbert Hoover Highway, from County
Multifamily Residential (RMF) to 16.75 acres Low Density Single Family (RS5) and
1.91 acres Multifamily (RM -12) (REZ15-00014 / ANN15-00001) [See previous combined
hearing item].
Moved by Dickens, seconded by Dobyns, that the ordinance conditionally rezoning
approximately 18.66 acres of property located south of Herbert Hoover Highway, from
County Multifamily Residential (RMF) to 16.75 acres Low Density Single Family (RS5)
and 1.91 acres Multifamily (RM -12) (REZ15-00014 / ANN15-00001). The Mayor
Complete Description
September 15, 2015
Page 4
declared the motion carried, 6/1, with the following division of roll call vote: Ayes:
Hayek, Mims, Payne, Throgmorton, Dickens, Dobyns. Nays: Botchway.
Moved by Mims, seconded by Payne, that the rule requiring ordinances to be
considered and voted on for final passage at two Council meetings prior to the meeting
at which it is to be finally passed be suspended, the second consideration and vote be
waived, and that ORD. 15-4638, CONDITIONALLY REZONING APPROXIMATELY
1.85 ACRES OF PROPERTY ZONED COMMUNITY COMMERCIAL (CC -2), LOCATED
BETWEEN WESTBURY DRIVE, EASTBURY DRIVE AND MIDDLEBURY ROAD, IN
ORDER TO AMEND A CONDITIONAL ZONING AGREEMENT, (REZ15-00016) 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 Kevin Digmann.
Moved by Mims, seconded by Payne, that the rule requiring ordinances to be
considered and voted on for final passage at two Council meetings prior to the meeting
at which it is to be finally passed be suspended, the second consideration and vote be
waived, and that ORD. 15-4639, CONDITIONALLY REZONING TO APPROVE A
PLANNED DEVELOPMENT (OPD) PLAN FOR A MANUFACTURED HOUSING PARK
TO ADD 38 -UNITS ON APPROXIMATELY 14.36 ACRES OF PROPERTY LOCATED
EAST OF RIVERSIDE DRIVE AND NORTH OF MCCOLLISTER BOULEVARD
(REZ15-00017) (COLE'S MOBILE HOME PARK), be voted on for final passage at this
time. Individual Council Members expressed their views. Moved by Mims, seconded by
Payne, that the ordinance be finally adopted at this time. Moved by Botchway,
seconded by Payne, to accept correspondence from Ed and Sheri Cole.
Moved by Mims, seconded by Dobyns, 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. 15-4640, CONDITIONALLY REZONING APPROXIMATELY
33.37 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF CAMP CARDINAL
ROAD NORTH OF CAMP CARDINAL BOULEVARD FROM LOW DENSITY SINGLE
FAMILY RESIDENTIAL (RS -5) TO PLANNED DEVELOPMENT OVERLAY / LOW
DENSITY SINGLE FAMILY RESIDENTIAL (OPD5), AND APPROVAL OF
PRELIMINARY SENSITIVE AREAS DEVELOPMENT PLAN. (REZ15-00013), 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
accept correspondence from Susan Forinash.
Moved by Dobyns, seconded by Payne, that ORD. 15-4641, AMENDING TITLE 14:
ZONING TO ADD A DEFINITION FOR "ROOFTOP SERVICE AREAS" AND
ESTABLISH STANDARDS FOR SUCH USES, be passed and adopted.
Moved by Payne, seconded by Dickens, that ORD. 15-4642, AMENDING TITLE 4,
ALCOHOLIC BEVERAGES, TO ACKNOWLEDGE AND CROSS-REFERENCE
AMENDMENTS PROPOSED TO THE ZONING CODE ALLOWING ROOFTOP
SERVICE AREAS AND AMENDMENTS TO TITLE 10, PUBLIC WAYS AND
PROPERTY, TO ALLOW SIDEWALK CAFES IN THE RIVERFRONT CROSSINGS
DISTRICT, be passed and adopted.
Moved by Dobyns, seconded by Botchway, to adopt RES. 15-287, APPROVING
THE PRELIMINARY PLAT OF ST. ANDREW PRESBYTERIAN CHURCH — PART
ONE, IOWA CITY, IOWA (SUB15-00019). Development Services Coordinator Yapp
presented a power point. Jason Santee, Hall and Hall Engineering, appeared.
Complete Description
September 15, 2015
Page 5
Moved by Mims, seconded by Payne, to adopt RES. 15-288, APPROVING A
HEIGHT BONUS FOR "THE RISE," A PROPOSED BUILDING AT 435 S. LINN
STREET IN THE RIVERFRONT CROSSINGS — SOUTH DOWNTOWN (RFC -SD)
ZONE (LEVEL II DESIGN REVIEW). Associate Planner Howard presented a power
point. The following individuals appeared: Doyle Landry; and Eric Holthaus, 930 E.
Bloomington St. Individual Council Members expressed their views.
Moved by Mims, seconded by Botchway, to adopt RES. 15-289, APPROVING A
HEIGHT BONUS FOR THE HILTON GARDEN INN LOCATED IN THE RIVERFRONT
CROSSINGS — SOUTH DOWNTOWN (RFC -SD) ZONE AT 328 S. CLINTON STREET
(LEVEL II DESIGN REVIEW). Associate Planner Howard presented a power point. Ben
Kinseth, Kinseth Hospitality present for discussion. Individual Council Members
expressed their views.
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. 15-290, 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. Parks & Recreation Dir. Moran present for discussion. Mayor Hayek
read a proclamation proclaiming, September 25, as Mike Moran Day in Iowa City
acknowledging his final day with the City of Iowa City after 32 years of service. Individual
Council Members expressed appreciation to outgoing Parks and Recreation Dir. Moran.
Moved by Mims, seconded by Payne, to adopt RES. 15-291, ACCEPTING
PAYMENT OF $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM
KUM & GO NO. 53; to adopt RES. 15-292, ACCEPTING PAYMENT OF $300 CIVIL
PENALTY AND WAIVER OF RIGHT TO HEARING FROM HARTIG DRUG; to adopt
RES. 15-293, ACCEPTING PAYMENT OF $1500 CIVIL PENALTY AND WAIVER OF
RIGHT TO HEARING FROM HARTIG DRUG; to adopt RES. 15-294, ACCEPTING
PAYMENT OF A $300 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM
WALGREEN.
A hearing was held on a resolution assessing $1500.00 Civil Penalty and thirty day
retail cigarette permit suspension against The Den, pursuant to Iowa Code Section
453A.22(2) (2015) and assessing (another) $1500.00 Civil Penalty and thirty day retail
cigarette permit suspension against The Den, pursuant to Iowa Code Section
453A.22(2) (2015). Asst. Johnson County Atty. Andy Chappell presented information.
The Den General Manager Jefferson Davis appeared. Individual Council Members
expressed their views. After discussion a majority agreed to amend the resolutions to
start the first 30 -day suspension as soon as possible; start the second 30 -day
suspension in mid-December; and require payment of the full $3000 fine by the end of
the second suspension.
Moved by Payne, seconded by Mims, to adopt RES. 15-295, ASSESSING $1500.00
CIVIL PENALTY AND THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION
AGAINST THE DEN, as amended and to adopt RES. 15-296, ASSESSING $1500.00
CIVIL PENALTY AND THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION
AGAINST THE DEN, as amended. The Mayor declared the resolutions adopted as
Complete Description
September 15, 2015
Page 6
amended, 6/1, with the following division of roll call vote. Ayes: Hayek, Mims, Payne,
Throgmorton, Botchway, Dickens. Nays: Dobyns.
Moved by Mims, seconded by Payne, that the ordinance amending Title 4, Alcoholic
Beverages, Chapter 5, Prohibitions and Restrictions, Section 7 Limitations On Sales,
Subsection B, to clarify inapplicability to tasting events, be given first vote.
Moved by Mims, seconded by Dickens, to appoint Don King, 542 Foster Rd., to the
Community Police Review Board for a four-year term, September 1, 2015 — September
1, 2019.
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);
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); 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 vacancy for the Airport Commission for
an unexpired four-year term effective upon appointment — March 1, 2017. Applications
must be received by 5:00 p.m., Wednesday, October 14, 2015.
The Mayor noted the current vacancies: Airport Zoning Brd of Adjustment for a five-
year term January 1, 2016 - December 31, 2021; Appeals, Board of, for a five-year term
January 1, 2016 - December 31, 2020 - for a Licensed Electrician or qualified by
experience and training; Human Rights Commission for three vacancies to fill three-year
terms, January 1, 2016 — January 1, 2019; Parks and Recreation Commission for two
vacancies to fill four-year terms, January 1, 2016 — January 1, 2020; Public Art Advisory
Committee for a three-year term, January 1, 2016 — January 1, 2019; Senior Center
Commission for three vacancies to fill three-year terms, January 1, 2016 — December
31, 2019. Applications must be received by 5:00 p.m., Wednesday, November 4, 2015.
Council Member Payne reminded people of the last Friday Night Concert of the year
planned for September 18 and the Linn Street Block Party event planned the same
evening. Council Member Dickens also noted a pep rally is planned with the University
cheerleaders and band on the Ped Mall that evening.
Council Member Throgmorton reported on his tour of the addition and renovation at
Twain Elementary, and thanked Principal Mary Bontrager, the Iowa City School Board
and Superintendent Murley for their efforts.
Council Member Botchway noted that Farmer's Market on Saturday, the 19th, was
Kid's Day; and encouraged people to take advantage of the information on the City's
website by subscribing. Mayor Pro tem Mims added that citizens can sign up to receive
the information directly by following instructions on the City site.
Mayor Hayek congratulated Oaknoll Retirement Community on their ribbon cutting of
their new facility off of George St.; welcomed newly elected members to the Iowa City
School Board, and University of Iowa President Bruce Harreld.
City Manager Markus noted the ICAD (Iowa City Area Development) annual meeting
planned at the Iowa City airport on September 17.
Moved by Payne, seconded by Mims, to adjourn meeting at 8:45 p.m.
Complete Description
September 15, 2015
Page 7
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk
4a(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 — 9/15/15
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.
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: September 1 Work Session; September 1 Formal Official & Complete.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action):
Community Police Review Board — July 20; Library Board of Trustees — July 23;
Parks and Recreation Commission — July 8.
Permit Motions and Resolutions as Recommended by the City Clerk. Renewal:
Class C Liquor License for Bread Garden Market and Bakery, 225 S. Linn St.; Class
C Liquor License for Motley Cow Cafe, 160 N. Linn St.; Class E Liquor Permit for
Liquor Downtown, 315 S. Gilbert St.; Class C Liquor License for Gabe's, 330 E.
Washington St.; Outdoor Service Area for Gabe's, 330 E. Washington St.; Class C
Beer Permit for On The Go Convenience Stores, Inc., 2315 Muscatine Ave.
New: Five Day Class B Beer Permit for Northside Oktoberfest, 300 Block Market
St.; Class B Beer Permit for Iowa City Brewlab, 505 E. Washington St.; Five Day
Class B Beer Permit for Friday Night Concert Series, 13 S. Linn St.; Five Day
Outdoor Service Area for George's Buffett, 312 E. Market St.
Resolutions and Motions: RES. 15-271, AMENDING THE BUDGETED
POSITIONS IN THE MPOJC DIVISION OF THE NEIGHBORHOOD AND
DEVELOPMENT SERVICES DEPARTMENT AND THE ADMINISTRATIVE PAY
PLAN BY DELETING ONE FULL-TIME ASSOCIATE PLANNER POSITION AND
ADDING ONE FULL-TIME SENIOR ASSOCIATE PLANNER POSITION; RES. 15-
272, AMENDING THE BUDGETED POSITIONS IN THE CITY MANAGER'S
OFFICE AND THE ADMINISTRATIVE PAY PLAN BY DELETING THE
ADMINISTRATIVE ANALYST POSITION AND ADDING AN ASSISTANT TO THE
CITY MANAGER POSITION; RES. 15-273, AMENDING THE AFSCME PAY PLAN
BY RECLASSIFYING ONE FULL-TIME LIBRARY WEB SPECIALIST POSITION
FROM AFSCME GRADE 11 TO AFSCME GRADE 14; RES. 15-274, AMENDING
THE BUDGETED POSITIONS IN THE NEIGHBORHOOD SERVICES DIVISION OF
THE NEIGHBORHOOD AND DEVELOPMENT SERVICES DEPARTMENT BY
INCREASING THE POSITION OF SECTION 8 COORDINATOR FROM .94FTE TO
1.OFTE; RES. 15-275, APPROVING AN AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND SUMMER OF THE ARTS, INC. TO ALLOW THE TEMPORARY
AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER AND NATIVE
WINES DURING A FRIDAY NIGHT CONCERT ON SEPTEMBER 18, 2015 WITHIN A
SPECIFIED AREA ON A CITY STREET; RES. 15-276, APPROVING AN
AGREEMENT BETWEEN THE CITY AND IOWA CITY DOWNTOWN SELF-
Official Actions
September 15, 2015
Page 2
SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT TO ALLOW THE
TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER
DURING NORTHSIDE OKTOBERFEST WITHIN A SPECIFIED AREA ON A CITY
STREET; RES. 15-277, ACCEPTING THE WORK FOR THE REMOVAL OF 2014
FLOOD -RELATED SAND AND DEBRIS FROM CITY PARK PROJECT; RES. 15-
278, ACCEPTING THE WORK FOR THE NORMANDY DRIVE RESTORATION
PROJECT, PHASE IIIA PROJECT; To approve disbursements in the amount of
$22,434,446.70 for the period of July 1 through July 31, 2015, as recommended by
the Finance Director subject to audit; RES. 15-279, RESOLUTION APPROVING
THE CITY STREET FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE
30, 2015; RES. 15-280, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST THE IOWA DEPARTMENT OF TRANSPORTATION
FUNDING AGREEMENT [6-15-STPPU-19] FOR THE IOWA CITY GATEWAY
PROJECT; RES. 15-281, APPROVING, AUTHORIZING AND DIRECTING THE
MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT NO. 1
TO THE JUNE 3, 2014 AGREEMENT BY AND BETWEEN THE CITY OF IOWA
CITY AND SNYDER & ASSOCIATES, INC. TO PROVIDE ENGINEERING
CONSULTANT SERVICES FOR THE FIRST AVENUE GRADE SEPARATION
PROJECT; RES. 15-282, RESCINDING RESOLUTION NO. 15-133; RES. 15-283,
ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE DEFENSE TO
TOBACCO CIVIL PENALTY BY HY-VEE GAS; RES. 15-284, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONSENT FOR
COLLATERAL ASSIGNMENT OF AGREEMENT FOR PRIVATE
REDEVELOPMENT BY IOWA CITY HOTEL ASSOCIATES LLC TO WEST BANK;
Notify the Iowa City Planning and Zoning Commission of the petition to re-establish
the Iowa City Downtown Self Supported Municipal Improvement District for ten (10)
years filed with the City Clerk on September 11, 2015 and referring said petition to the
Planning and Zoning Commission for the preparation of an evaluative report for the
Council on the merit and feasibility of the project, all in accordance with Chapter 386
of the Code of Iowa.
Setting Public Hearings: RES. 15-285, SETTING PUBLIC HEARING FOR
OCTOBER 6, 2015, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME
LOCATED AT 1104 EAST BURLINGTON STREET.
Correspondence: Jerry Hansen regarding Sandusky speed bumps [Staff
response included]; Ricardo Cortez regarding Pedestrian Risk on Dubuque Street;
Mark VonStein regarding Cab Companies based out of Iowa City or Coralville [Staff
response included]; Tim Weitzel; Ginalie Swaim regarding Introduction to Historic
Preservation John Kenyon regarding UNESCO Creative Cities Network Update;
Acting Traffic Engineering Planner regarding Establish a TOW AWAY ZONE, in
addition to the existing NO PARKING 2AM — 6AM prohibition, for metered parking
spaces at the following locations: (7) spaces on the south side of the 200 block of
East Court Street, (3) spaces on the south side of the 300 block of East Court Street,
(9) spaces on the east side of the 500 block of South Linn Street, (5) spaces on the
south side of the 300 block of East Harrison Street, and (6) spaces on the south side
of the 200 block of East Prentiss Street; Acting Traffic Engineering Planner
regarding Installation of (1) NO PARKING HERE TO CORNER sign on the west side
of Dublin Drive 30 feet from the corner of Tipperary Road; Acting Traffic Engineering
Official Actions
September 15, 2015
Page 3
Planner regarding Installation of NO PARKING ANY TIME signs on the east side of
Gilbert Court between 800 and 822 Gilbert Court.
Mary Gravitt, 2714 Wayne Ave., distributed information and requested bus shelters
on the outward bound Towncrest bus route and at Gilbert and Kirkwood; crosswalk
ramps closer to Sycamore and Lower Muscatine; hiring of a maintenance person for the
Public Library; and payment of hospital bills for an accident at the Public Library. Doyle
Landry, Positive Vision Ministries, distributed information regarding record
discrimination he experienced; and encouraged further discussion and dialogue. Moved
and seconded to accept correspondence from Mary Gravitt and Doyle Landry.
A public hearing was held on an ordinance rezoning approximately 1.45 acres of
property from Community Commercial (CC -2) to Riverfront Crossings - West Riverfront
(RFC -WR) Zone located at the northwest corner of Benton Street and Riverside Drive
(REZ15-00015). Shavon Harmon, Kum and Go, appeared. Moved and seconded to
accept correspondence from Nick Halfhill.
Moved and seconded that the ordinance rezoning approximately 1.45 acres of
property from Community Commercial (CC -2) to Riverfront Crossings - West Riverfront
(RFC -WR) Zone located at the northwest corner of Benton Street and Riverside Drive
(REZ15-00015), be given first vote.
A public hearing was held on a resolution for a voluntary annexation of
approximately 18.66 acres of property located south of Herbert Hoover Highway and on
an ordinance conditionally rezoning approximately 18.66 acres of property located south
of Herbert Hoover Highway, from County Multifamily Residential (RMF) to 16.75 acres
Low Density Single Family (RS5) and 1.91 acres Multifamily (RM -12) (ANN15-00001 /
REZ15-00014).
Moved and seconded to adopt RES. 15-286, FOR A VOLUNTARY ANNEXATION
OF APPROXIMATELY 18.66 ACRES OF PROPERTY LOCATED SOUTH OF
HERBERT HOOVER HIGHWAY (ANN15-00001 / REZ15-00014). The Mayor declared
the resolution adopted, 5/2.
A public hearing was held on an ordinance conditionally rezoning approximately
18.66 acres of property located south of Herbert Hoover Highway, from County
Multifamily Residential (RMF) to 16.75 acres Low Density Single Family (RS5) and
1.91 acres Multifamily (RM -12) (REZ15-00014 / ANN15-00001).
Moved and seconded that the ordinance conditionally rezoning approximately 18.66
acres of property located south of Herbert Hoover Highway, from County Multifamily
Residential (RMF) to 16.75 acres Low Density Single Family (RS5) and 1.91 acres
Multifamily (RM -12) (REZ15-00014 / ANN15-00001). The Mayor declared the motion
carried, 6/1.
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. 15-4638, CONDITIONALLY REZONING APPROXIMATELY 1.85 ACRES OF
PROPERTY ZONED COMMUNITY COMMERCIAL (CC -2), LOCATED BETWEEN
WESTBURY DRIVE, EASTBURY DRIVE AND MIDDLEBURY ROAD, IN ORDER TO
AMEND A CONDITIONAL ZONING AGREEMENT, (REZ15-00016) 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 accept correspondence from Kevin Digmann.
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
Official Actions
September 15, 2015
Page 4
finally passed be suspended, the second consideration and vote be waived, and that
ORD. 15-4639, CONDITIONALLY REZONING TO APPROVE A PLANNED
DEVELOPMENT (OPD) PLAN FOR A MANUFACTURED HOUSING PARK TO ADD
38 -UNITS ON APPROXIMATELY 14.36 ACRES OF PROPERTY LOCATED EAST OF
RIVERSIDE DRIVE AND NORTH OF MCCOLLISTER BOULEVARD (REZ15-00017)
(COLE'S MOBILE HOME PARK), 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
accept correspondence from Ed and Sheri Cole.
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. 15-4640, CONDITIONALLY REZONING APPROXIMATELY 33.37 ACRES OF
PROPERTY LOCATED ON THE EAST SIDE OF CAMP CARDINAL ROAD NORTH OF
CAMP CARDINAL BOULEVARD FROM LOW DENSITY SINGLE FAMILY
RESIDENTIAL (RS -5) TO PLANNED DEVELOPMENT OVERLAY / LOW DENSITY
SINGLE FAMILY RESIDENTIAL (OPD5), AND APPROVAL OF PRELIMINARY
SENSITIVE AREAS DEVELOPMENT PLAN. (REZ15-00013), 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 accept correspondence from Susan Forinash.
Moved and seconded that ORD. 15-4641, AMENDING TITLE 14: ZONING TO ADD
A DEFINITION FOR "ROOFTOP SERVICE AREAS" AND ESTABLISH STANDARDS
FOR SUCH USES, be passed and adopted.
Moved and seconded that ORD. 15-4642, AMENDING TITLE 4, ALCOHOLIC
BEVERAGES, TO ACKNOWLEDGE AND CROSS-REFERENCE AMENDMENTS
PROPOSED TO THE ZONING CODE ALLOWING ROOFTOP SERVICE AREAS AND
AMENDMENTS TO TITLE 10, PUBLIC WAYS AND PROPERTY, TO ALLOW
SIDEWALK CAFES IN THE RIVERFRONT CROSSINGS DISTRICT, be passed and
adopted.
Moved and seconded to adopt RES. 15-287, APPROVING THE PRELIMINARY
PLAT OF ST. ANDREW PRESBYTERIAN CHURCH — PART ONE, IOWA CITY, IOWA
(SUB15-00019). Jason Santee, Hall and Hall Engineering, appeared.
Moved and seconded to adopt RES. 15-288, APPROVING A HEIGHT BONUS FOR
"THE RISE," A PROPOSED BUILDING AT 435 S. LINN STREET IN THE
RIVERFRONT CROSSINGS — SOUTH DOWNTOWN (RFC -SD) ZONE (LEVEL II
DESIGN REVIEW). The following individuals appeared: Doyle Landry; and Eric
Holthaus, 930 E. Bloomington St.
Moved and seconded to adopt RES. 15-289, APPROVING A HEIGHT BONUS FOR
THE HILTON GARDEN INN LOCATED IN THE RIVERFRONT CROSSINGS — SOUTH
DOWNTOWN (RFC -SD) ZONE AT 328 S. CLINTON STREET (LEVEL II DESIGN
REVIEW). Ben Kinseth, Kinseth Hospitality present for discussion.
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. 15-290, 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
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September 15, 2015
Page 5
RECEIPT OF BIDS. Mayor Hayek read a proclamation proclaiming, September 25, as
Mike Moran Day in Iowa City acknowledging his final day with the City of Iowa City after
32 years of service.
Moved and seconded to adopt RES. 15-291, ACCEPTING PAYMENT OF $300
CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM KUM & GO NO. 53; to
adopt RES. 15-292, ACCEPTING PAYMENT OF $300 CIVIL PENALTY AND WAIVER
OF RIGHT TO HEARING FROM HARTIG DRUG; to adopt RES. 15-293, ACCEPTING
PAYMENT OF $1500 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM
HARTIG DRUG; to adopt RES. 15-294, ACCEPTING PAYMENT OF A $300 CIVIL
PENALTY AND WAIVER OF RIGHT TO HEARING FROM WALGREEN.
A hearing was held on a resolution assessing $1500.00 Civil Penalty and thirty day
retail cigarette permit suspension against The Den, pursuant to Iowa Code Section
453A.22(2) (2015) and assessing (another) $1500.00 Civil Penalty and thirty day retail
cigarette permit suspension against The Den, pursuant to Iowa Code Section
453A.22(2) (2015). Asst. Johnson County Atty. Andy Chappell presented information.
The Den General Manager Jefferson Davis appeared. After discussion a majority
agreed to amend the resolutions to start the first 30 -day suspension as soon as
possible; start the second 30 -day suspension in mid-December; and require payment of
the full $3000 fine by the end of the second suspension.
Moved and seconded to adopt RES. 15-295, ASSESSING $1500.00 CIVIL
PENALTY AND THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST
THE DEN, as amended and to adopt RES. 15-296, ASSESSING $1500.00 CIVIL
PENALTY AND THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST
THE DEN, as amended. The Mayor declared the resolutions adopted as amended, 6/1.
Moved and seconded that the ordinance amending Title 4, Alcoholic Beverages,
Chapter 5, Prohibitions and Restrictions, Section 7 Limitations On Sales, Subsection B,
to clarify inapplicability to tasting events, be given first vote.
Moved and seconded to appoint Don King, 542 Foster Rd., to the Community Police
Review Board for a four-year term, September 1, 2015 — September 1, 2019.
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);
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); 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 vacancy for the Airport Commission for
an unexpired four-year term effective upon appointment — March 1, 2017. Applications
must be received by 5:00 p.m., Wednesday, October 14, 2015.
The Mayor noted the current vacancies: Airport Zoning Brd of Adjustment for a five-
year term January 1, 2016 - December 31, 2021; Appeals, Board of, for a five-year term
January 1, 2016 - December 31, 2020 - for a Licensed Electrician or qualified by
experience and training; Human Rights Commission for three vacancies to fill three-year
terms, January 1, 2016 — January 1, 2019; Parks and Recreation Commission for two
Official Actions
September 15, 2015
Page 6
vacancies to fill four-year terms, January 1, 2016 — January 1, 2020; Public Art Advisory
Committee for a three-year term, January 1, 2016 — January 1, 2019; Senior Center
Commission for three vacancies to fill three-year terms, January 1, 2016 — December
31, 2019. Applications must be received by 5:00 p.m., Wednesday, November 4, 2015.
Moved and seconded to adjourn meeting at 8:45 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 l
Submi ed or u licatio — 9/23/15.
P