HomeMy WebLinkAbout2017-09-19 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
September 19, 2017
Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Throgmorton
presiding. Council Members present: Botchway, Cole, Dickens, Mims, Taylor, Thomas,
Throgmorton. Absent: None. Staff members present: Fruin, Andrew, Dilkes, Fruehling,
Knoche, Yapp, Laverman, Hightshoe, Ford, Seydell-Johnson, Ralston. UISG: Nelson,
Stewart.
William Ambrisco statement from Mayor.
The Mayor proclaimed: Food Rescue Week with Table to Table, Nicki Ross accepting.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Botchway, 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 5, Work Session; September 5, Regular 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: August 29; Parks & Recreation Commission: July
12.
Permit Motions and Resolutions as recommended by the City Clerk. Renewal:
Class E Liquor License for Jason Caylor, dba Liquor Downtown, 315 S. Gilbert St.;
Class C Liquor License for Mondo's of Iowa City, Inc., dba Joseph's Steakhouse, 212
S. Clinton St.; Class C Liquor License for Bread Garden of Iowa City, L.C., dba Bread
Garden Market Bakery, 225 S. Linn St.; Outdoor Service Area for Bread Garden of
Iowa City, L.C., dba Bread Garden Market Bakery, 225 S. Linn St.; Class C Liquor
License for Blue Moose, Inc., dba Blue Moose, 211 Iowa Ave.; Res. 17-293, to issue
Dancing Permit to Blue Moose, Inc., dba Blue Moose, 211 Iowa Ave.;Corridor
Entertainment LC, dba Studio 13, 13 S. Linn St. Class C Liquor License for Corridor
Entertainment LC, dba Studio 13, 13 S.Linn St.; Class C Liquor License for Howling
Dog Inc., dba Howling Dogs Bistro and Fair Grounds Coffeehouse, 345 S. Dubuque
St.; Ownership Change: Special Class C Liquor License for Angela, Inc., dba Masala,
9 S. Dubuque St.
Resolutions and Motions: Approve disbursements in the amount of $14,316,139.65
for the period of July 1 through July 31, 2017, as recommended by the Finance
Director subject to audit; Res. 17-294, naming Depositories; Res. 17-295,
approving the City Street Financial Report for the fiscal year ending June 30,
2017; Res. 17-296, adopting Iowa City's Citizen Participation Plan and
authorizing the City Manager to submit said plan with all necessary
certifications to the U.S. Department of Housing and Urban Development and
rescinding Resolution No. 10-265; Res. 17-297, awarding contract to Municipal
Pipe Tool Co. for $ 241,440.55 and authorizing the Mayor to sign and the City
Clerk to attest a contract for construction of the 2017 Sewer Rehabilitation
Project; Res. 17-298, accepting the work for the Kiwanis Park Storm Sewer
Improvements Project; Res. 17-299, accepting the work for the 2016 Summer
Sidewalk Repair Project; Res 17-300, authorizing the extension of the contract
for the annual Pavement Repair Project; Res. 17-301, authorizing the installation
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September 19, 2017
Page 2
of speed humps on Friendship Street, between Court Street and Brookside
Drive.
Setting Public Hearings: Res.17-302, of Intent to Consider Conveyance to the
State of Iowa a Portion of Vacated Right -of -Way Adjacent to 2222 Old Highway
218 South and Setting a Public Hearing on Said Proposal for October 3, 2017.
Correspondence: Nancy Carlson regarding alley resurfacing; Nancy Purington,
Iowa City Public Art Budget Proposal 2017 [Staff response included]; Palmer Holden
regarding Sanctuary cities; Kayli Reese regarding Daily Iowan; Izzy Manahl regarding
University of Iowa Democrats September 20th; Jerry Bokassa regarding Issues;
Madison Purvis regarding World Cup Cyclocross [Staff response included];
Christopher Hunter regarding Prairie Box Photo; Sr. Transportation Engineering
Planner regarding Installation of "No Parking 8 a.m. — 5 p.m. Monday — Friday" signs
on the south side of Oakcrest Street between Sunset Street and George Street; Acting
Sr. Transportation Engineering Planner regarding Install (1) "Stop" sign on American
Pharaoh Drive at the intersection with Herbert Hoover Highway and (2) "Yield" signs
on Charismatic Lane at the intersection with Grindstone Drive; Cheryl Cruise, Charlie
Eastham regarding Housing Code Zoning Changes.
Moved by Botchway, seconded by Dickens to accept correspondence [Item
3d(9)], Friendship Street Traffic Calming, from Bryan Ringen and Barbara and Bill
Meredith.
Diane Brecht and Kara Logsden appeared regarding potential changes in the
residential code status for rental units. Brandon Ross appeared regarding affordable
housing. Moved by Botchway, seconded by Dickens to accept correspondence from Ron
Logsden and Diane Brecht.
A public hearing was held on an ordinance conditionally rezoning 2.4 acres of property
from Medium Density Single -Family (RS -8) zone to Planned Development Overlay -
Medium Density Single -Family Residential (OPD -8) zone located on Dodge Street Court.
(REZ17-00010/SUB17-00007). The Mayor requested Council Members disclose any ex
parte communications and none were reported.
Moved by Dickens, seconded by Botchway, that the ordinance conditionally rezoning
2.4 acres of property from Medium Density Single -Family (RS -8) zone to Planned
Development Overlay- Medium Density Single -Family Residential (OPD -8) zone located
on Dodge Street Court (REZ17-00010/SUB17-00007), be given first vote. Development
Services Coordinator Yapp presented a power point. Council member Thomas and
Mayor Throgmorton asked for access ad egress clarification. Yapp provided the
information. Council member Thomas expressed his views.
A public hearing was held on a resolution vacating alley right of way in Block 44,
Original Town Plat (VAC17-00001).
Moved by Mims, seconded by Botchway, to adopt Res. 17-303, vacating alley right
of way in Block 44, Original Town Plat (VAC17-00001). Development Services
Coordinator Yapp presented a power point.
A public hearing was held on a resolution vacating right of way adjacent to 2222 Old
Highway 218 South (VAC17-00002).
Moved by Mims, seconded by Botchway, to adopt Res. 17-304, vacating right of
way adjacent to 2222 Old Highway 218 South (VAC17-00002). Development Services
Coordinator Yapp presented a power point. City Attorney Dilkes provided additional
information.
Complete Description
September 19, 2017
Page 3
Moved by Dickens, seconded by Botchway, that Ord. 17-4722, rezoning
approximately 0.20 acres of property (Unitarian Universalist Church) from Central
Business Support (CB -5) to Central Business Support with a Historic Preservation
Overlay (CB -5 / OHP) zone located at 10 South Gilbert Street (REZ17-00013), be
passed and adopted. The Mayor requested Council Members disclose any ex parte
communications and none were reported.
Moved by Mims, seconded by Botchway, that Ord. 17-4723, conditionally rezoning
approximately 21.77 acres of property located north of Rohret Road and west of
Lake Shore Drive, (Country Club Estates) from Rural Residential, RR -1, (4.16 acres)
and Interim Development Single -Family Residential, ID -RS (17.61 acres) to Low -
Density Single -Family Residential, RS -5, zone (REZ17-00009), be passed and
adopted. The Mayor requested Council Members disclose any ex parte communications
and none were reported.
Moved by Botchway, seconded by Dickens, to adopt Res. 17-305, approving the
preliminary plat of Country Club Estates, Seventh and Eighth Addition, Iowa City,
Iowa (SUB17-00009). Development Services Coordinator Yapp presented a power point.
Individual Council members expressed their views. Moved by Botchway, seconded by
Thomas, to accept correspondence from Anjana Aggarwal.
A public hearing was held on a resolution authorizing conveyance of Lot 2 in the
Industrial Park to Alexander Lumber, Inc.
Moved by Botchway, seconded by Dickens, to adopt Res. 17-306, authorizing
conveyance of Lot 2 in the Industrial Park to Alexander Lumber, Inc. Economic
Development Coordinator Ford presented a power point. Individual Council members
expressed their views.
A public hearing was held on a resolution approving plans, specifications, form of
agreement, and estimate of cost for the construction of the City of Iowa City Belt Filter
Press Replacement Project, establishing amount of bid security to accompany each bid,
directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids.
No one appeared.
Moved by Botchway, seconded by Dickens, to adopt Res. 17-307, approving plans,
specifications, form of agreement, and estimate of cost for the construction of the
City of Iowa City Belt Filter Press Replacement Project, establishing amount of bid
security to accompany each bid, directing City Clerk to post notice to bidders, and
fixing time and place for receipt of bids. City Manager Fruin provided additional
information. Individual Council members expressed their views.
Moved by Mims, seconded by Botchway, to adopt Res. 17-308, approving an
agreement for private redevelopment (Mixed Use) by and between the City of Iowa
City, Iowa, and Hieronymi Partnership, L.L.P., Hieronymus Square Developers,
L.L.C., Iowa City ES Hotel, L.L.C., and HS314, L.L.C. Economic Development
Coordinator Ford presented a power point. City Manager Fruin provided information.
Individual Council members expressed their views. Ben Kinseth appeared and provided
information. Moved by Dickens, seconded by Botchway, to accept correspondence from
Martha Norbeck.
Moved by Mims, seconded by Botchway, that the ordinance amending Title 6, entitled
"Public Health and Safety," Chapter 10, entitled "Smoke Free Places," and Title 10,
entitled 'Public Ways and Property," to prohibit the use of tobacco including smokeless
tobacco in all City parks, be given first vote. The Mayor declared the motion carried, 6/1,
with the following division of roll call vote: Ayes: Mims, Taylor, Thomas, Botchway, Cole,
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September 19, 2017
Page 4
Dickens. Nays: Throgmorton. Clay Claussen, Parks & Recreation Chair appeared.
Individual Council members expressed their views. Moved by Dickens, seconded by
Botchway, to accept correspondence from Palmer Holden and Dave Koch.
Moved by Mims, seconded by Taylor, 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. 17-4724, amending Title 4, Alcoholic Beverages, Chapter 5,
Prohibitions and Restrictions, Section 8, Persons Under the Legal Age in Licensed
or Permitted Establishments (SHOUT), Subsection C, referencing the City's under
21 law, adding an exception for those working with a law enforcement agency, be
voted on for final passage at this time. City Manager Fruin gave a brief explanation of the
ordinance. Council member Taylor thanked the City Manager and the Police Chief for the
memo containing additional information that was included in the packet. Moved by Mims,
seconded by Dickens, that the ordinance be finally adopted at this time.
Moved by Mims, seconded by Taylor, 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. 17-4725, amending Title 9, Motor Vehicles and Traffic, Chapter
3, Rules of the Road, Section 9, General Driving Restrictions, Subsection C,
referencing unattended vehicles, to allow safely parked vehicles with the motor
running to be left unattended, matching State code, 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 Mims, seconded by Dickens, that the ordinance amending Title 17, entitled
"Building and Housing," Chapter 5, entitled "Housing Code," to provide for the abatement
of rent in emergencies, be given second vote.
Moved by Mims, seconded by Dickens, that the ordinance amending Title 18, Site
Plan Review, to require notification to occupants and an occupant transition plan for any
additions or alterations to a residential development with more than 12 residential units,
be given second vote.
Moved by Dickens, seconded by Mims, to adopt Res. 17-309, approving the 2017
Iowa City Parks Master Plan. Parks & Recreation Director Seydell-Johnson presented
information. Nancy Carlson appeared. Individual Council members expressed their
views.
Moved by Mims, seconded by Botchway, to adopt Res. 17-310, 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 HR Green, Inc., to provide
engineering consultant services for the Idyllwild Drainage Diversion Project. Public
Works Director Knoche presented information. Kurt Kimmerling, President of the Idyllwild
Homeowners Association and Ivan Hall appeared. Individual Council members
expressed their views. City Manager Fruin made a statement regarding correspondence
received on the storm water management district.
Moved by Mims, seconded by Botchway, to adopt Res. 17-311, adopting an
assessment schedule of unpaid mowing, clean-up of property, snow removal,
sidewalk repair, and stop box repair charges and directing the Clerk to certify the
same to the Johnson County Treasurer for collection in the same manner as
property taxes.
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September 19, 2017
Page 5
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 vacancy
an unexpired term, upon appointment - December 31, 2018(Formerly advertised);
Airport Zoning Brd. of Adjustment for an unexpired term, upon appointment - December
31, 2020; Airport Zoning Commission for an unexpired term, upon appointment —
December 31, 2021; Historic Preservation Commission for a Jefferson St. representative
to fill a three-year term, July 1, 2016 — July 1, 2019 (New District formed);
Telecommunications Commission for a three year term, July 1, 2017 — July 1, 2020.
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. More information may be found on the
City website or in the City Clerk's office.
The Mayor noted the current vacancies. New: Board of Adjustment for a five year
term, January 1, 2018 - January 1, 2023; Board of Appeals for two vacancies to fill five
year terms, January 1, 2018 January 1, 2023. For a Licensed Plumber and HBA Rep. or
qualified by experience and training; Human Rights Commission for three vacancies to fill
three year terms, January 1, 2018 - January 1, 2021; Park and Recreation Commission
for two vacancies to fill four year terms, January 1, 2018 - January 1, 2022 (Terms expire
for Clayton Claussen, and Angie Smith); Public Art Advisory Committee for two vacancies
to fill three year terms, January 1, 2018 - January 1, 2021 - One for an Art Design
Professional; Senior Center Commission for two vacancies to fill three year terms,
January 1, 2018 — December 31 2020. Applications must be received by 5:00 P.M.,
Tuesday, November 14, 2017.
Benjamin Nelson, UISG Liaison, appeared with UISG updates.
Council member Dickens reported on attending the ribbon cutting for the Frauenholtz
Miller park and a historic building meeting at the Englert which was well attended.
Dickens also mentioned Oktoberfest coming up on September 301n
Mayor Pro tem Botchway noted a conference Sept 25th and 26th on trauma care at the
Radisson Hotel in Coralville. Botchway also stated he had been communicating with
residents on the Manville Heights neighborhood and they had requested pushing back
the work session on their item until December. Council asked if Botchway could follow up
to assure it was the majority of neighbors and not just one or two that wanted the item
delayed to December.
Council member Mims thanked City staff for the employee tailgate luncheon. Mims
also expressed her appreciation to the citizens in the Iowa City Community School District
who voted in favor of the bond and spoke about how it affects neighborhood stabilization
and economic development. Mims also mentioned the PBS showing which is a 10 -part
series, 'The Vietnam War', and reminded Council of the MPO meeting the following night.
Council member Thomas followed up on Council member Mims' comments regarding
the school bond vote.
Council member Taylor thanked and congratulated everyone involved in the World
Cup Cyclocross for having another successful event.
Council member Cole noted the respect he has for those who run for school board
because of the passion in the community regarding school board issues and the stress
they endure urging citizens to work with them.
Mayor Throgmorton mentioned attending Doug Boothroy's well-deserved retirement
reception. The Mayor also noted the upcoming Economic Development Committee
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September 19, 2017
Page 6
meeting and congratulated the victors of the school board election along with the large
turnout for those who voted on the bond.
Moved by Mims, second by Thomas, to adjourn regular meeting 9:20 p.m.
es A. Throgmorton, yor
Kellie X. Fruehling, Ci Clerk
9-197
rte.® CITY OF IOWA CITY 3a(1t)
MEMORANDUM -
Date: September 13, 2017
To: Mayor and City Council
From: Kellie Fruehling, City Clerk
Re: Council Work Session, September 5, 2017, 5:00 PM in Emma J. Harvat Hall
Council: Botchway (electronically), Cole (5:05 p.m.), Dickens, Mims, Taylor, Thomas,
Throgmorton
UISG: Nelson and Stewart
Staff: Fruin, Monroe, Andrew, Dulek, Fruehling, Bockenstedt, Boothroy, Ford, Grier,
Greer, Laverman, Havel, Hightshoe, Matherly, Knoche, Yapp
A transcription and power points are available in the City Clerk's Office and the City website.
Council budget priorities
City Manager Fruin and City Council reviewed and discussed the memo of proposed
items for consideration in the FY19 Budget. Council had requested a re -organization of
the items to show the relationship between suggested budget priorities and the strategic
initiatives in the current Strategic Plan. A preliminary cost estimate range was
assigned, along with an estimate of anticipated staffing required to implement the
project or program.
Action: NDS will prepare an overview memo on the UniverCity program, including a review of
the original goals of the program, lessons learned to date, an analysis of the impact of the
program, and suggested modifications that should be considered. The CMO will gather some
examples of participatory budgeting so the Council can further deliberate on this concept in the
coming months. The CMO will continue to give thought to an appropriate set of community
indicators. We will incorporate those into the next strategic plan process.
Clarification of Agenda Items
• [Consent Calendar Item 3f(9)]... Deer population: Judy Atkins, Rebecca Bergus [Staff
response included], Tony Wobeter with petition signed by 52 individuals ...Council
Member Mims inquired if there funds available in the budget for deer management and
requested more information. City Manager Fruin will have Police prepare a memo.
Indidvidual Council Members expressed their views.
• [Consent Calendar Item 3f(6)]... Martha and Bob Kirby: Forest View Development and
Water Issues ... Mayor Throgmorton asked if staff would follow up on an email regarding
water issues. Public Works will contact the Kirby's.
• [Consent Calendar Item 3d(9)]... Personnel Policies Amendment ... Mayor
Throgmorton asked for clarification. City Manager Fruin gave a brief summary.
• [Consent Calendar Item 3f(3)]... Carol deProsse: Explosion of larch beetles in
warming climate is transforming Minn forests ... Council Member Thomas asked if
there were any concerns with mountain pine bark beetles in Iowa City. City Manager
Fruin will follow up with Parks and Recreation staff and report back to Council.
Council Work Session
September 5, 2017
Page 2
• [Consent Calendar Item 3f(4)]... Joey Braverman: Dogs in the Ped Mall downtown ...
Council Member Taylor made a statement requesting dog owners be more respectful in
the ped mall and use the relief stations and not the planter areas.
Information Packet Discussion (August 17, August 24, August 311
➢ August 17
1. (IP2, Copy of article from City Manager: A professor who's also a mayor examines
the issues surrounding off -campus housing) Individual Council Members expressed
their views and stated referenced some of the same challenges the City faces.
➢ August 24
1. (I132, Memo from Assistant City Manager: Strategic Plan Update) Mayor
Throgmorton and Council Member Mims indicated they had found a couple minor
errors but overall was an impressive compilation of work done by the staff.
2. (IP4, Memo from City Clerk: Proposed Council Meeting Schedule, October—
December 2017) Council Members Mims stated Council typically does not meet on
an election day. After discussion Council agreed to move the November 7'^ meeting
to Monday, November 6'h
3. (1133, Memo from Sustainability Coordinator: Municipal Greenhouse Gas Inventory
Update) Mayor Throgmorton thanked Brenda Nations for the memo and
acknowledged the significant challenges the City faces meeting the goals. Council
Member Thomas had questions regarding next steps. Sustainability Coordinator
Nations gave additional information.
➢ August 31
1. (IP4, Pending Work Session Topics) Mayor Throgmorton pointed out the topic for the
November 21't work session would be the Lusk Avenue project.
2. (1137, Memo from Assistant to the City Manager: Consumer Fireworks Sales) Council
Member Mims stated she was in favor of the staff recommendation but questioned
temporary use permits for tents and wanted more signage. Assistant City Attorney
Dulek responded to Mims.
3. (1139, Memo from Library Director and Community and Access Services Coordinator:
Summer Bookmobile Services) Council Member Taylor and Mayor Throgmorton
commented on the memo in the packet and the services that were provided by the
Bookmobile and how well the program turned out.
4. (IP8, Memo from Assistant to the City Manager: Food Truck Administrative Rules)
Council Member Cole inquired whether hoods on meters would be used. Assistant
to the City Manager Andrew responded with additional information.
5. (IP10, Housing Trust Fund of Johnson County: FY17 Annual Report) Council
Member Mims pointed out the great work being done by the Housing Trust Fund of
Johnson County.
6. (Late handout, Memo from Mayor Throgmorton, Mayors Innovation Projects
Conference in Burlington, Vermont) Mayor Throgmorton briefly summarized the
memo.
Adjourn 6:38 p.m.
0909
Subject to change as finalized by the City Clerk. For a final official copy, contact the 3
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 — 9/5/17
Iowa City City Council Regular meeting, 7:00 p.m. at City Hall. Mayor Throgmorton
presiding. Council Members present: Botchway (electronically), Cole, Dickens, Mims,
Taylor, Thomas, Throgmorton. Absent: None. Staff members present: Fruin, Monroe,
Andrew, Dulek, Fruehling, Knoche, Bockenstedt, Boothroy, Yapp, Laverman, Hightshoe,
Craig, Logsden.
The Mayor proclaimed: Constitution Week - September 17 — 23, Kathy Pezley
accepting; National Hispanic Heritage Month - September 15 - October 15, Barbara
Cuzco accepting; PLAYvolution - September 17 — 29, Deb Dunkhase accepting; Douglas
W. Boothroy Day — September 5, Doug Boothroy accepting.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved and seconded that the items and recommendations in the Consent Calendar
as amended.
Approval of Council Actions, subject to corrections, as recommended by the City
Clerk: August 15, Special Formal Official & Complete; August 15, Work Session;
August 15, Regular Formal Official & Complete.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Airport
Commission - June 27; Community Police Review Board - August 8; Historic
Preservation Commission - July 31; Human Right Commission - July 18; Library
Board of Trustees - July 27; Planning & Zoning Commission - August 3; Senior Center
Commission - July 20; Telecommunications Commission - June 26.
Permit Motions and Resolutions as recommended by the City Clerk. Renewal:
Class C Beer Permit for North Dodge Express, 2790 N. Dodge St. Class C Beer
Permit for On The Go Convenience Stores, 2315 Muscatine Ave.; Class C Liquor
License for Short's Burger and Shine, 18 S. Clinton St.; Class C Liquor License for EI
Cactus, 314 E. Burlington; Class C Liquor License for Gabe's, 330 E. Washington St.;
Outdoor Service Area for Gabe's, 330 E. Washington St.; Class C Liquor License for
Short's Burgers- Eastside, 521 Westbury Dr.; Outdoor Service Area for Short's
Burgers- Eastside, 521 Westbury Dr.; Class C Liquor License for Union Bar, The, 121
E. College St.; Res. 17-279, to issue Dancing Permit to Union Bar, The, 121 E.
College St.; Special Class C Liquor License for Times Club at Prairie Lights, 15 S.
Dubuque St.; Class C Liquor License for dc's, 124 S. Dubuque St.; Refund an unused
portion of a Class C Liquor License for Mekong Asian Restaurant, 5 Sturgis Corner
Dr., Suite 100. New: Special Class C Liquor License for V's Nail Studio, 20 S. Clinton
St.; Outdoor Service Area for Van B's, 505 E. Washington St.
Resolutions and Motions: Res. 17-280, Authorizing An Amendment to the
Subdivider's Agreement for Cardinal Pointe South, Part Three Regarding Outlots
E and F; Res. 17-281, awarding contract and authorizing the Mayor to sign and
the City Clerk to attest a contract for construction of the Water Treatment Plant
Supervisory Control and Data Acquisition (SCADA) Upgrade Project; Res. 17-
282, accepting the work for the Mercer Park Tennis/Pickleball Court
Improvements Project; Res. 17-283, accepting the work for the Scott Park
Official Actions
September 5, 2017
Page 2
Gabion Basket Repair Project; Res. 17-284, accepting the work for the Iowa
River Trail Handrail Repair Project; Res. 17-285, authorizing the acquisition of
property interests necessary for construction of the Riverside Drive Pedestrian
Tunnel and Myrtle Avenue Intersection Improvements Project; Res. 17-286,
authorizing the acquisition of property interests necessary for construction of
the Asphalt Resurfacing 2018 Project; Res. 17-287, 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 Barker Lemar Engineering Consultants to
provide engineering consultant services for the Landfill FY18 Cell Construction
Project; Res. 17-288, amending the 2017 Personnel Policies Employment of
Relatives provision to clarify that it shall be a violation of the policy when a
Management Conflict is created by the hire of an external candidate.
Setting Public Hearings: Setting a public hearing for September 19 on an
ordinance rezoning 2.4 acres of property from Medium Density Single -Family (RS -8)
zone to Planned Development Overlay- Medium Density Single -Family Residential
(OPD -8) zone located on Dodge Street Court (REZ17-00010/SUB17-00007); Setting
a public hearing for September 19 on a resolution vacating alley right of way in Block
44, Original Town Plat; Setting a public hearing for September 19 on a resolution
vacating right of way adjacent to 2222 Old Highway 218 South; Res. 17-289 setting
a public hearing for September 19, 2017 to approve a purchase agreement with
Alexander Lumber, Inc. for Lot 2 in the Industrial Park and to consider a
proposal to convey said property; Res. 17-290, setting a public hearing on
September 19, 2017 on plans, specifications, form of contract, and estimate of
cost for the construction of the City of Iowa City Belt Filter Press 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.
Correspondence: Devin Redmond regarding thank you; Dennis Kowalski (x2)
regarding Artpark 1978; Carol deProsse regarding Explosion of larch beetles in
warming climate is transforming Minn forests; Joey Braverman regarding Dogs in the
Ped Mall downtown; Judy Pfohl regarding Iowa City bus schedule errors [Staff
response included]; Martha and Bob Kirby regarding Forest View Development and
Water Issues; Jordan Prochnow regarding Daily Iowan article; Amber Jackson-Elwer
regarding URGENT! Lemme Crossing Guard! [Staff response included]; Judy Atkins,
Rebecca Bergus [Staff response included], Tony Wobeter with petition signed by 52
individuals regarding Deer population; Jerry Bokassa regarding Issues. Moved and
seconded to accept correspondence for Item 3e(1), Dodge Street Court, from Anne
Berkson.
Kara Logsden, Iowa City Public Library Community & Access Services Coordinator,
appeared and gave an update on Bookmobile services.
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. 17-
4721, rezoning 2500 square feet of property from Planned High Density Multi -
Family Residential (PRM) zone to Rivertront Crossings — Central Crossings (RFC -
CX) Zone for property located at 114 E. Prentiss Street. (REZ17-00012), be voted on
for final passage at this time. Moved and seconded that the ordinance be finally adopted
at this time. The Mayor declared the ordinance adopted. Moved and seconded to accept
correspondence from Roby Miller.
Official Actions
September 5, 2017
Page 3
Moved and seconded that the ordinance rezoning approximately 0.20 acres of
property from Central Business Support (CB -5) to Central Business Support with a
Historic Preservation Overlay (CB -5 / OHP) zone located at 10 South Gilbert Street.
(REZ17-00013), be given second vote.
Moved and seconded that the ordinance conditionally rezoning approximately 21.77
acres of property located north of Rohret Road and west of Lake Shore Drive, from Rural
Residential, RR -1, (4.16 acres) and Interim Development Single -Family Residential, ID -
RS (17.61 acres) to Low- Density Single -Family Residential, RS -5, Zone (REZ17-00009),
be given second vote. Moved and seconded to accept correspondence from Lisa Fender.
Moved and seconded to adopt Res. 17-291, approving the extraterritorial
preliminary plat of Lovick First Subdivision, Johnson County, Iowa (SUB17-00012).
The Mayor declared the resolution adopted, 6/1, with the following division of roll call
vote: Ayes: Thomas, Botchway, Cole, Dickens, Mims, Taylor. Nays: Throgmorton.
A public hearing was held on a resolution amending City Budget Amendment and
Certification Resolution - FY2018 Amendment #1.
Moved and seconded to adopt Res. 17-292, amending City Budget Amendment
and Certification Resolution - FY2018 Amendment #1.
Moved and seconded to defer indefinitely ordinance amending Title 4, entitled
"Alcoholic Beverages" and Title 10, entitled "Public Ways and Property," to allow alcohol
in park shelters. Moved and seconded to accept correspondence from Judy Pfohl,
Rachel Smith, Leslie Huber, Enrique Leira, Yamini Bhagwat, and petition signed by 35
individuals submitted by Judy Pfohl. Judy Pfohl and Rachel Zimmerman Smith appeared.
Moved and seconded that the ordinance amending Title 4, Alcoholic Beverages,
Chapter 5, Prohibitions and Restrictions, Section 8, Persons Under the Legal Age in
Licensed or Permitted Establishments, Subsection C, (SHOUT) referencing the City's
under 21 law, adding an exception for those working with a law enforcement agency, be
given first vote.
Moved and seconded that the ordinance amending Title 9, Motor Vehicles and Traffic,
Chapter 3, Rules of the Road, Section 9, General Driving Restrictions, Subsection C,
referencing unattended vehicles, to allow safely parked vehicles with the motor running to
be left unattended, matching State code, be given first vote.
Moved and seconded that the ordinance amending Title 17, entitled "Building and
Housing," Chapter 5, entitled "Housing Code," to provide for the abatement of rent in
emergencies, be given first vote.
Moved and seconded that the ordinance amending Title 18, Site Plan Review, to
require notification to occupants and an occupant transition plan for any additions or
alterations to a residential development with more than 12 residential units, be given first
vote.
The Mayor noted the previously announced vacancies for Boards and Commissions:
Airport Zoning Bird. of Adjustment for an unexpired term, upon appointment - December
31, 2018 (Formerly advertised); Airport Zoning Brd. of Adjustment for an unexpired term,
upon appointment - December 31, 2020; Airport Zoning Commission for an unexpired
term, upon appointment — December 31, 2021; Historic Preservation Commission for a
Jefferson St. representative to fill a three-year term, July 1, 2016 — July 1, 2019 (New
District formed); Telecommunications Commission for a three year term, July 1, 2017 —
July 1, 2020. Applications must be received by 5:00 P.M., Tuesday, September 12, 2017.
Moved and seconded to adjourn regular meeting 8:29 p.m.
Official Actions
September 5, 2017
Page 4
A more c plet�d ti Council Activities is on file in the office of the City
Clerk. C
s/Ja es A. Throgmo n, Mayor
s/Kellie K. Fruehling, City Clerk
Submitted f�n-991 2/17.
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 5, 2017
Iowa City City Council Regular meeting, 7:00 p.m. at City Hall. Mayor Throgmorton
presiding. Council Members present: Botchway (electronically), Cole, Dickens, Mims,
Taylor, Thomas, Throgmorton. Absent: None. Staff members present: Fruin, Monroe,
Andrew, Dulek, Fruehling, Knoche, Bockenstedt, Boothroy, Yapp, Laverman, Hightshoe,
Craig, Logsden.
The Mayor proclaimed: Constitution Week - September 17 — 23, Kathy Pezley
accepting; National Hispanic Heritage Month - September 15 - October 15, Barbara
Cuzco accepting; PLAYvolution - September 17 — 29, Deb Dunkhase accepting; Douglas
W. Boothroy Day — September 5, Doug Boothroy accepting.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Mims, seconded by Taylor, that the items and recommendations in the
Consent Calendar as amended.
Approval of Council Actions, subject to corrections, as recommended by the City
Clerk: August 15, Special Formal Official & Complete; August 15, Work Session;
August 15, Regular Formal Official & Complete.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Airport
Commission - June 27; Community Police Review Board - August 8; Historic
Preservation Commission - July 31; Human Right Commission - July 18; Library
Board of Trustees - July 27; Planning & Zoning Commission - August 3; Senior Center
Commission - July 20; Telecommunications Commission - June 26.
Permit Motions and Resolutions as recommended by the City Clerk. Renewal:
Class C Beer Permit for ND Express, Inc., dba North Dodge Express, 2790 N. Dodge
St. Class C Beer Permit for On The Go Convenience Stores, dba On The Go
Convenience Stores, 2315 Muscatine Ave.; Class C Liquor License for Short's Burger
and Shine, LLC, dba Short's Burger and Shine, 18 S. Clinton St.; Class C Liquor
License for EI Cactus Inc., dba EI Cactus, 314 E. Burlington; 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 Liquor License
for Mexico Wayne's LLC, dba Short's Burgers- Eastside, 521 Westbury Dr.; Outdoor
Service Area for Mexico Wayne's LLC, dba Short's Burgers- Eastside, 521 Westbury
Dr.; Class C Liquor License for Cream, LLC, dba Union Bar, The, 121 E. College St.;
Res. 17-279, to issue Dancing Permit to Cream, LLC, dba Union Bar, The, 121 E.
College St.; Special Class C Liquor License for Prairie Lights Books, Inc., dba Times
Club at Prairie Lights, 15 S. Dubuque St.; Class C Liquor License for Caffrey, Inc., dba
dc's, 124 S. Dubuque St.; Refund an unused portion of a Class C Liquor License for
Dai Holdings LLC, dba Mekong Asian Restaurant, 5 Sturgis Comer Dr., Suite 100.
New: Special Class C Liquor License for Dalena Tran, dba V's Nail Studio, 20 S.
Clinton St.; Outdoor Service Area for VIP Entertainment, dba Van B's, 505 E.
Washington St.
Resolutions and Motions: Res. 17-280, Authorizing An Amendment to the
Subdivider's Agreement (Mailbox Release) for Cardinal Pointe South, Part Three
Regarding Outlots E and F; Res. 17-281, awarding contract and authorizing the
Mayor to sign and the City Clerk to attest a contract to ESCO Automation for
Complete Description
September 5, 2017
Page 2
$710,650 for construction of the Water Treatment Plant Supervisory Control and
Data Acquisition (SCADA) Upgrade Project; Res. 17-282, accepting the work for
the Mercer Park Tennis/Pickleball Court Improvements Project; Res. 17-283,
accepting the work for the Scott Park Gabion Basket Repair Project; Res. 17-
284, accepting the work for the Iowa River Trail Handrail Repair Project; Res.
17-285, authorizing the acquisition of property interests necessary for
construction of the Riverside Drive Pedestrian Tunnel and Myrtle Avenue
Intersection Improvements Project; Res. 17-286, authorizing the acquisition of
property interests necessary for construction of the Asphalt Resurfacing 2018
Project; Res. 17-287, 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 Barker Lemar Engineering Consultants to provide engineering consultant
services for the Landfill FY18 Cell Construction Project; Res. 17-288, amending
the 2017 Personnel Policies Employment of Relatives provision to clarify that it
shall be a violation of the policy when a Management Conflict is created by the
hire of an external candidate.
Setting Public Hearings: Setting a public hearing for September 19 on an
ordinance rezoning 2.4 acres of property from Medium Density Single -Family (RS -8)
zone to Planned Development Overlay- Medium Density Single -Family Residential
(OPD -8) zone located on Dodge Street Court (REZ17-00010/SUB17-00007); Setting
a public hearing for September 19 on a resolution vacating alley right of way in Block
44, Original Town Plat; Setting a public hearing for September 19 on a resolution
vacating right of way adjacent to 2222 Old Highway 218 South; Res. 17-289 setting
a public hearing for September 19, 2017 to approve a purchase agreement with
Alexander Lumber, Inc. for Lot 2 in the Industrial Park and to consider a
proposal to convey said property; Res. 17-290, setting a public hearing on
September 19, 2017 on plans, specifications, form of contract, and estimate of
cost for the construction of the City of Iowa City Belt Filter Press 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.
Correspondence: Devin Redmond regarding thank you; Dennis Kowalski (x2)
regarding Artpark 1978; Carol deProsse regarding Explosion of larch beetles in
warming climate is transforming Minn forests; Joey Braverman regarding Dogs in the
Ped Mall downtown; Judy Pfohl regarding Iowa City bus schedule errors [Staff
response included]; Martha and Bob Kirby regarding Forest View Development and
Water Issues; Jordan Prochnow regarding Daily Iowan article; Amber Jackson-Elwer
regarding URGENT! Lemme Crossing Guard! [Staff response included]; Judy Atkins,
Rebecca Bergus [Staff response included], Tony Wobeter with petition signed by 52
individuals regarding Deer population; Jerry Bokassa regarding Issues. Moved by
Dickens, seconded by Thomas, to accept correspondence for Item 3e(1), Dodge
Street Court, from Anne Berkson.
Kara Logsden, Iowa City Public Library Community & Access Services Coordinator,
appeared and gave an update on Bookmobile services.
Moved by Mims, seconded by Dickens, 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. 17-4721, rezoning 2500 square feet of property from Planned
High Density Multi -Family Residential (PRM) zone to Riverfront Crossings — Central
Complete Description
September 5, 2017
Page 3
Crossings (RFC -CX) Zone for property located at 114 E. Prentiss Street. (REZ17-
00012), be voted on for final passage at this time. Moved by Mims, seconded by
Dickens, that the ordinance be finally adopted at this time. The Mayor declared the
ordinance adopted. The Mayor requested Council Members disclose any ex parte
communications and none were reported. Moved by Thomas, seconded by Dickens, to
accept correspondence from Roby Miller. Mayor Throgmorton stated he didn't see
anything problematic with the rezoning.
Moved by Mims, seconded by Dickens, that the ordinance rezoning approximately
0.20 acres of property from Central Business Support (CB -5) to Central Business Support
with a Historic Preservation Overlay (CB -5 / OHP) zone located at 10 South Gilbert
Street. (REZ17-00013), be given second vote. The Mayor requested Council Members
disclose any ex parte communications and none were reported.
Moved by Dickens, seconded by Mims, that the ordinance conditionally rezoning
approximately 21.77 acres of property (Country Club Estates) located north of Rohret
Road and west of Lake Shore Drive, from Rural Residential, RR -1, (4.16 acres) and
Interim Development Single -Family Residential, ID -RS (17.61 acres) to Low- Density
Single -Family Residential, RS -5, zone (REZ17-00009), be given second vote. The Mayor
requested Council Members disclose any ex parte communications and none were
reported. Moved by Dickens, seconded by Thomas, to accept correspondence from Lisa
Fender. Council Member Taylor stated that many of her concerns with the rezoning had
been addressed and she would be voting in favor.
Moved by Mims, seconded by Dickens, to adopt Res. 17-291, approving the
extraterritorial preliminary plat of Lovick First Subdivision, Johnson County, Iowa
(SUB17-00012). The Mayor declared the resolution adopted, 6/1, with the following
division of roll call vote: Ayes: Thomas, Botchway, Cole, Dickens, Mims, Taylor. Nays:
Throgmorton. Development Services Coordinator Yapp presented a power point.
Individual Council Members expressed their views.
A public hearing was held on a resolution amending City Budget Amendment and
Certification Resolution - FY2018 Amendment #1.
Moved by Dickens, seconded by Thomas, to adopt Res. 17-292, amending City
Budget Amendment and Certification Resolution - FY2018 Amendment #1. No one
appeared.
Moved by Mims, seconded by Dickens, to defer indefinitely ordinance amending Title
4, entitled "Alcoholic Beverages" and Title 10, entitled "Public Ways and Property," to
allow alcohol in park shelters. Moved by Dickens, seconded by Mims, to accept
correspondence from Judy Pfohl, Rachel Smith, Leslie Huber, Enrique Leira, Yamini
Bhagwat, and petition signed by 35 individuals submitted by Judy Pfohl. Assistant to the
City Manager Andrew presented information. Mayor Throgmorton quoted an email from
the Partnership for Alcohol Safety (PAS). Judy Pfohl and Rachel Zimmerman Smith
appeared.
Moved by Mims, seconded by Taylor, that the ordinance amending Title 4, Alcoholic
Beverages, Chapter 5, Prohibitions and Restrictions, Section 8, Persons Under the Legal
Age in Licensed or Permitted Establishments, Subsection C, (SHOUT) referencing the
City's under 21 law, adding an exception for those working with a law enforcement
agency, be given first vote. City Manager Fruin presented information. Council Member
Taylor asked for additional information. Fruin will follow up with the information.
Moved by Dickens, seconded by Thomas, that the ordinance amending Title 9, Motor
Vehicles and Traffic, Chapter 3, Rules of the Road, Section 9, General Driving
Complete Description
September 5, 2017
Page 4
Restrictions, Subsection C, referencing unattended vehicles, to allow safely parked
vehicles with the motor running to be left unattended, matching State code, be given first
vote. City Manager Fruin presented information.
Moved by Mims, seconded by Dickens, that the ordinance amending Title 17, entitled
"Building and Housing," Chapter 5, entitled "Housing Code," to provide for the abatement
of rent in emergencies, be given first vote. Senior Housing Inspector Laverman
presented a power point. Mayor Throgmorton asked if landlords had been contacted and
if the student body was aware. City Manager Fruin responded and gave additional
information.
Moved by Mims, seconded by Dickens, that the ordinance amending Title 18, Site
Plan Review, to require notification to occupants and an occupant transition plan for any
additions or alterations to a residential development with more than 12 residential units,
be given first vote. Development Services Coordinator Yapp presented information.
Individual Council Members expressed their views. City Manager Fruin and Assistant City
Attorney Dulek responded to Council questions. Fruin will follow up with proposed
solutions to translation.
The Mayor noted the previously announced vacancies for Boards and Commissions:
Airport Zoning Brd. of Adjustment for an unexpired term, upon appointment - December
31, 2018 (Formerly advertised); Airport Zoning Brd. of Adjustment for an unexpired term,
upon appointment - December 31, 2020; Airport Zoning Commission for an unexpired
term, upon appointment — December 31, 2021; Historic Preservation Commission for a
Jefferson St. representative to fill a three-year term, July 1, 2016 — July 1, 2019 (New
District formed); Telecommunications Commission for a three year term, July 1, 2017 —
July 1, 2020. Applications must be received by 5:00 P.M., Tuesday, September 12, 2017.
Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications
are stated. [Staff will not publish additional notices after a period of six publications; but
will continue to advertise vacancies with postings and on the Council agenda. However,
no additional publication costs will be incurred. More information may be found on the
City website or in the City Clerk's office.]
Benjamin Nelson, UISG Liaison, appeared with UISG updates.
Council Member Cole reported on the Labor Day picnic.
Council Member Dickens talked about his vacation in Europe and ADA accessibility.
Council Member Mims spoke about the Honors Program and the Green Room taking
place at the Englert Theatre.
Council Member Thomas noted an upcoming event on Tuesday, September 12� at
the Englert Theatre regarding Iowa City's Historic Downtown. Thomas also reported on
the Downtown District event focusing on the public art.
Council Member Taylor commented on the memo from the City Manager and
congratulated the Assistant to the City Manager Andrew on his recent achievements, in
particular ADA Coordinator. Taylor also mentioned the memo from the Mayor on his visit
to the Mayor's Conference and stated her interest in working on the opioid issue in Iowa
City.
Mayor Throgmorton mentioned his public statement concerning the events in
Charlottesville, Virginia which appeared in the Press -Citizen, his memo on the Mayor's
Conference in Burlington, Vermont, a meeting he attended with the Daily Iowan's writing
and editorial staff along with Council Members Taylor and Thomas, an upcoming
Listening Post at Uptown Bill's, retirement reception for Doug Boothroy on September
11th, School Board election and bond referendum on September 12th, Economic
Complete Description
September 5, 2017
Page 5
Development meeting on September 15th, and the World Cup Cyclocross taking place on
September 17th. He also asked Council if there would be interest to add a time during the
work session for Council Members to report on the boards they are appointed about any
major decisions that have been made or major topics that are coming up.
City Manager Fruin mentioned the Cyclocross event which kicks off September 14th
and the opportunity for Council Members to volunteer at the meet and greet Thursday
evening.
Moved by Mims, seconded by Dickens, to adjourn regular meeting 8:29 p.m.
James A. Throgmorton, Mayor
Kellie K. Fruehling, City Clerk