HomeMy WebLinkAbout2008-06-17 Council Minutes3a 1
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
JUNE 17, 2008
Iowa City City Council regular meeting 7:00 p.m. at City Hall. Mayor Bailey presiding.
Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright.
Absent: None. Staff members present: Lombardo, Helling, Dilkes, Karr, Helling, Morris.
The Presentation by the Public Library Friends Foundation was rescheduled to June
24.
Mayor Bailey and City Manager Lombardo provided an update on flooding in Iowa
City. Individual Council Members shared their insights and complimented City staff and
volunteers on their efforts.
Moved by Wilburn, seconded by Wright, to amend the consent calendar to include
items: # 5a, 11, 13, 14, 15, 17, 18, 19. The Mayor declared the motion carried unanimously,
7/0, all Council Members present.
Moved by Champion, seconded by Hayek, that the following items and
recommendations in the Consent Calendar be received, or approved, and/or adopted as
amended:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: June 2, Regular Council Work Session; June 3, Regular Council Formal
Official and Complete; June 11, Special Meeting Minutes.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Public Art
Advisory Committee -May 15, 2008; Telecommunications Commission -April 28,
2008; Planning and Zoning Commission -May 15, 2008; Planning and Zoning
Commission -May 12, 2008; Police Citizens Review Board -May 13, 2008.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Class C Liquor License for Los Cocos, Inc., dba Los Cocos, 1921 Keokuk St.
Renewal: Class C Liquor License for Fraternal Order of Eagles, Iowa City Aerie #695
dba Fraternal Order of Eagles, Iowa City Aerie #695, 225 Hwy 1 W.; Class C Liquor
License for 808 Restaurant & Night Club, Inc., dba 808 Restaurant & Night Club, Inc.,
121 Iowa Ave.; Class C Liquor License for Dublin Underground, Inc., dba Dublin
Underground, 5 S. Dubuque St. Class C Liquor License for David Alberhasky dba
Dave's Foxhead Tavern, 402 E. Market St.; Special Class C Liquor License for D & E
Restaurant, Inc., dba Z'Mariks Noodle Cafe, 19 S. Dubuque St. ;Special Class C
Liquor License for Zio Johno's, Inc., dba Zio Johno's Spaghetti House, 953 S.
Riverside Dr.; Class E Liquor License for John's Grocery, Inc'., dba John's Grocery,
Inc., 401 E. Market St.; RES. 08-175, TO ISSUE DANCING PERMITS to Los Cocos,
Inc., dba Los Cocos, 1921 Keokuk St. and Fraternal Order of Eagles, Iowa City Aerie
#695 dba Fraternal Order of Eagles, Iowa City Aerie #695, 225 Hwy 1 W.; RES. 08-
176, TO ISSUE CIGARETTE PERMITS.
Motions. Approve disbursements in the amount of $8,394,173.33 for the period
of May 1 through May 31, 2008, as recommended by the Finance Director subject to
audit.
Complete Description
June 17, 2008
Page 2
Resolutions. RES. 08-177, NAMING DEPOSITORIES; RES. 08-178,
AMENDING THE ADMISSIONS AND CONTINUED OCCUPANCY POLICY FOR
PUBLIC HOUSING TO INCLUDE AN EXCEPTION FOR VICTIMS OF DOMESTIC
VIOLENCE; RES. 08-179, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO PROMISSORY
NOTES FOR THE PROPERTY LOCATED AT 1413 FRANKLIN STREET, IOWA
CITY, IOWA; RES. 08-180, APPROVING AN AMENDMENT TO THE DECLARATION
OF CONDOMINIUM REGIME FOR LOT 10, LONGFELLOW MANOR
CONDOMINIUMS; RES. 08-181, APPROVING AN AMENDMENT TO THE
DECLARATION OF CONDOMINIUM REGIME FOR LOT 11, LONGFELLOW MANOR
CONDOMINIUMS.
Correspondence: JCCOG Traffic Engineering Planner regarding NO PARKING
HERE TO CORNER on the north side of Foster Road approaching the intersection
with Swisher Street. Unless directed otherwise by the City Council, this action will
occur after June 17, 2008; JCCOG Traffic Engineering Planner regarding Installation
of (1) YIELD sign on the northwest corner of the Glendale Drive and North Lowell
Street intersection; Acting Traffic Engineering Planner regarding Removal of (2) DO
NOT ENTER signs and (1) ONE-WAY sign; Burlington Street letters from Thomas
Baldridge, Susan Beckett, Gary Christensen, Jim Cochran, Scott Egerton, Erin Fleck,
Cody Gieselman, Laurie Haag, Richard Johnson, Jamie Jorgensen, Nick Maddix,
Trish Nelson, Dan Nidey, Janelle Rettig, Gregory Schmidt, Fitzgerald Steele, Jan
Stewart, Peggy Stokes, Anne Tabor, Richard Walton; Michael Carr regarding The
Sons of Union Veterans of the Civil War resolution request; Jim Calkins regarding
Complete smoking ban; Mary Yagla Peterson regarding Reconstruction on Lower
Muscatine Avenue; JoHanna Allen regarding Underage drinking; Signe Hovet
regarding Leash Law; Nick Hafner regarding Minor League Baseball Report; Reyna
Wilkens (X2) regarding Update and press release from Merschman Seeds; Ted
Lowndes regarding Senior Evacuation Relief; David Koch regarding City High Civics
Project.
Motions: Setting a public hearing for July 15 on an ordinance to rezone
approximately .28 acres located at 700 South Dubuque Street from Community
Commercial (CC-2) to Intensive Commercial (CI-1) (REZ08-00007); Approving tax
exemption certificate for the issuance of $9,150,000 General Obligation Bonds, Series
2008A; approving continuing disclosure certificate for the issuance of $9,150,000
General Obligation Bonds, Series 2008A.
Resolutions: RES. 08-182, AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF $9,150,000 GENERAL OBLIGATION BONDS, SERIES 2008A, AND
LEVYING A TAX TO PAY SAID BONDS; RES. 08-183, AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST THE FY2009 28E AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS
FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS
OF UNIVERSITY HEIGHTS; RES. 08-184, AUTHORIZING APPLICATION FOR
FUNDING ASSISTANCE FOR A STATE RECREATION TRAILS PROGRAM (SRT)
PROJECT TO THE IOWA DEPARTMENT OF TRANSPORTATION, FOR
DEVELOPMENT OF RECREATION TRAILS; RES. 08-185, REJECTING BIDS
Complete Description
June 17, 2008
Page 3
RECEIVED ON JUNE 10, 2008 FOR THE EAST SIDE RECYCLING CENTER
PROJECT; RES. 08-186, AUTHORIZING SUPPORT OF AN APPLICATION FOR
FINANCIAL ASSISTANCE FROM THE IOWA DEPARTMENT OF ECONOMIC
DEVELOPMENT'S COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA)
FOR $40,000 AND A LOCAL MATCH OF A FIVE-YEAR, NO INTEREST $15,000
LOAN FOR FUNDS TO ASSIST KLEFFMAN NORTH AMERICA INC.
The Mayor noted the previously announced vacancies on Board and
Commissions: Housing & Community Development Commission for three vacancies to
fill three-year terms September 1, 2008 -September 1, 2011; Planning & Zoning
Commission to fill an unexpired term ending May 1, 2010; Police Citizens Review
Board for two vacancies to fill four-year terms September 1, 2008 -September 1,
2012. Applications must be received by 5:00 p.m., Wednesday, July 9, 2008.
The Mayor noted the following vacancies received no applications and will be
readvertised: Airport Zoning Brd of Adjustment to fill an unexpired term plus afive-year
term ending December 31, 2011; Airport Zoning Commission to fill asix-year term
January 1, 2006 -December 31, 2011. Civil Service Commission to fill afour-year
term April 7, 2008 -April 2, 2012; Youth Advisory Commission to fill a two year term
January 1, 2008 -December 31, 2009. [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.]
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the motion carried.
Moved by Wilburn, seconded by Hayek, to continue all public hearings and defer items
# 4, 5b to 10, and items 12, 16, 20, 21, 22 and 23 until June 24 as follows:
Community comment (items not on the agenda);
Public hearing and first consideration of ordinance amending Title 15, Land
Subdivisions, by repealing Title 15 in its entirety and replacing it with a new Title 15,
Land Subdivisions;
Public hearing and first consideration of ordinance conditionally rezoning
approximately 10.08 acres of land located north of Highway 6, east of Scott Boulevard,
and west of Commerce Drive from Intensive Commercial (CI-1) zone to Community
Commercial (CC-2) Zone (REZ08-00003);
Public hearing and first consideration of ordinance rezoning approximately 9.48
acres of land located south of Olive Court and Learner Court and east of Marietta
Avenue from Medium Density Single Family (RS-8) Zone to Planned Development
Overlay (OPD-8) (REZ08-00001);
Pass and adopt ordinance rezoning approximately 11.7-acres of land located
on Ruppert Road west of Old Highway 218 from Community Commercial (CC-2) to
Intensive Commercial (CI-1) (REZ08-00004);
Pass and adopt ordinance rezoning approximately 8.95-acres of land located
on Ruppert road west of Old Highway 218 from Community Commercial (CC-2) to
Neighborhood Public (P-1) (REZ08-00004);
Resolution approving the preliminary plat of Galway Hills Subdivision Parts 10 8~
11 Iowa City, Iowa (SUB06-00003); Resolution approving the final plats of Galway
Hills Subdivision Parts 10 & 11, Iowa City, Iowa. (SU608-00006);
Complete Description
June 17, 2008
Page 4
Public hearing and first consideration of ordinance amending Title 16, Public
Works, Chapter 3A, City Utilities -General Provisions, Section 6, Billing and Collection
Procedures; Delinquent Accounts, to eliminate the delinquency charge for all state and
local government entities;
Public hearing and first consideration of ordinance authorizing conveyance of a
single family home located at 960 Longfellow Place;
Public hearing and consideration of resolution approving plans, specifications,
form of contract, and estimate of cost for the construction of the 2008 Durable
Pavement Marking Project, establishing amount of bid security to accompany each
bid, directing City Clerk to publish advertisement for bids, and fixing time and place for
receipt of bids;
Public hearing and consideration of resolution approving plans, specifications,
form of contract, and estimate of cost for the construction of the 2008 Sanitary Sewer
Rehabilitation Project, establishing amount of bid security to accompany each bid,
directing City Clerk to publish advertisement for bids, and fixing time and place for
receipt of bids;
Public hearing and consideration of resolution approving plans, specifications,
form of contract, and estimate of cost for the construction of the Highland Court Water
Main Replacement Project, establishing amount of bid security to accompany each
bid, directing City Clerk to publish advertisement for bids, and fixing time and place for
receipt of bids;
Public hearing and first consideration of ordinance amending title 2 of the City
Code, entitled "Human Rights," Chapter 3, entitled "Discriminatory Practices" to except
small employers from discrimination claims and Chapter 4, entitled "Enforcement," to
increase the time period for filing a discrimination claim;
Consideration of resolution concerning Mediacom Communications
Corporation's 2008 updating of rates for basic cable services;
City Council Committee Appointments -Seats Paratransit Advisory Committee
fora 2-yr term of July 1, 2008 -June 30, 2010. East Central Iowa Council of
Governments (ECICOG).
The Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Hayek, seconded by O'Donnell, to adjourn meeting at 7:23 p.m. The Mayor
declared the motion carried unanimously, 7/0, all Counciy~embers pr~sent~
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Mari K. Karr, City Clerk
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.~~.®~ CITY OF IOWA C(Tli
~-*~'~~~ MEMORANDUM
Date: June 2, 2008
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, June 2, 2008, 6:30 PM in Emma J. Harvat Hall
Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn (6:55), Wright
UISG Rep.: Excused
Staff: Lombardo, Helling, Dilkes, Karr, Ackerson, Davidson, O'Malley, Miklo, Ralston, Butler,
Fosse, Jordan, Yapp
(A complete transcription is available in the City Clerk's Office)
PLANNING 8 ZONING ITEMS
PCD Director Davidson presented information on the following items:
a. SETTING A PUBLIC HEARING FOR JUNE 17 ON AN ORDINANCE AMENDING TITLE
15, LAND SUBDIVISIONS, BY REPEALING TITLE 15 IN ITS ENTIRETY AND
REPLACING IT WITH A NEW TITLE 15, LAND SUBDIVISIONS.
e. APPROVING VACATION OF THE NORTHTOWNE PARKWAY RIGHT-OF- WAY AND
PARTIAL RELEASE OF PUBLIC ACCESS EASEMENT WITHIN HIGHLANDER
DEVELOPMENT, THIRD ADDITION, IOWA CITY, IOWA. (VAC08-00002)
h. APPROVING THE PRELIMINARY PLAT OF GALWAY HILLS SUBDIVISION PARTS 10 &
11 IOWA CITY, IOWA. (SU606-00003)
i. APPROVING THE FINAL PLATS OF GALWAY HILLS SUBDIVISION PARTS 10 & 11,
Iowa CITY, Iowa. (sueo8-oooos)
~.
Sr. Planner Miklo presented information on items "h" and "i".
j. LETTER TO THE JOHNSON COUNTY BOARD OF ADJUSTMENT RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT FOR AGUDAS ACHIM
CONGREGATION TO ESTABLISH A CEMETERY ON 4.12-ACRES OF PROPERTY
LOCATED SOUTH OF CINDER ROAD AND WEST OF PRAIRIE DU CHIEN ROAD.
(0008-00001)
Council Work Session
June 2, 2008
Page 2
COUNCIL APPOINTMENTS
Planning & Zoning Commission -Joshua Busard
AGENDA ITEMS
1. (Agenda item # 15 -resolution authorizing ... license agreement ... DC's for a
sidewalk cafe) City Atty. Dilkes and City Clerk Karr responded to questions
regarding current regulations. Staff was requested to provide a copy of the plan
at the formal meeting.
2. (Consent Calendar item # 4(g) correspondence from Brian Flynn re Blackstone
Restaurant outdoor service area) After discussion, a majority of Council
expressed interest in looking into allowing such uses.
3. (Consent Calendar item # 4(g) correspondence from Ray Wombacher re lack of
response for property damage) Asst. City Manager Helling reviewed the history
of the request and the procedure followed. Majority agreed not to change the
present policy but did request a review of the present $10 an hour for labor costs.
4. (Agenda item # 8 conveyance of property ... Peninsula Neighborhood, Phase 2A
... Peninsula Development Company) Council Member Correia expressed a
desire to have the proceeds of the sale go to the Affordable Housing Trust
Account. PCD Director Davidson present for discussion.
BURLINGTON STREET MEDIAN [IP#2 of 5/29 Info Packet]
PCD Director Davidson introduced Jeff Morrow from Anderson-Bogert Engineers & Surveyors
who delivered a power point presentation (on file). Asst. Transportation Planners Ralston and
Ackerson present for discussion.
STAFF ACTION: Proceed with negotiations with University on cost sharing; approach
JCCOG on incorporating into work program east-west bicycle access and work with
urban planners on Central Planning District Plan. (Davidson, Ralston, Ackerson)
ECICOG SOLID WASTE PLAN [agenda item #21]
Recycling Coordinator Jordan present for discussion. Majority of Council agreed to proceed.
DEBT POLICY [IP#3 of 5/29 Info Packet]
City Manager Lombardo and Asst. City Manager Helling presented information and handed out
a chart showing various Iowa cities, Moody's Bond rating, and their debt policy. After discussion
a majority of Council agreed to reexamine the current policy.
Council Work Session
June 2, 2008
Page 3
STAFF ACTION: Staff to work internally and come back with specific proposals this
summer. (Lombardo and Helling)
THIRD QUARTER BUDGET UPDATE [IP#3 of 5/29 Info Packet]
City Manager Lombardo and Asst. City Manager Helling presented information and handed out
"General Fund -General Fund Balances History and Projection -version May 23, 2008".
Council agreed to schedule discussion when more information is available at the end of the
fiscal year.
STAFF ACTION: Prepare information for discussion prior to budget preparation.
(Lombardo and Helling)
METROPOLITAN COALITION UPDATE/PROCESS
Council Member Wilburn reported on the recent meeting to review final bills and prepare an
evaluation of the first year of operation. Mayor Bailey suggested that time be set aside at a
future meeting to discuss legislative priorities. Council majority requested information on
legislation the lobbyists tracked and outcomes; provide materials distributed to Coalition
members during their recent meeting regarding evaluations; and agreed to continue
involvement in the Coalition.
STAFF ACTION: Wilburn and Bailey to provide information to City Clerk Karr to include
in the next packet and schedule for next work session. (Karr)
COUNCIL TIME (continued later in meeting)
1. In response to Mayor Bailey, City Atty. Dilkes stated she would have a memo in the next
information packet which summarizes the new smoking legislation, and answers numerous
questions asked of her office. She stated she would be scheduling the matter for the June
16th work session to provide Council direction to staff on areas not covered by the
legislation, and interest on the part of Council to take additional action.
SCHEDULE OF PENDING DISCUSSION ITEMS
1. Mayor Bailey asked that the "Old Bus Depot" be scheduled for the June 16`h work
session.
2. Council Member Correia requested confirmation that the Peninsula bus route was
permanent and not temporary. Council Member Wright stated there was also confusion
on the subsidized taxi service as well. Staff will follow up.
Council Work Session
June 2, 2008
Page 4
UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS
a) Council Member Correia noted the open house for City Manager Lombardo Thursday,
and Arts Fest this week-end.
b) Council Member Hayek reported there was no City presence at the Memorial Day event.
Mayor Bailey stated she had not been contacted.
c) Mayor Bailey reminded Council of the (CARE Breakfast on Sunday morning as part of
Arts Fest.
d) City Clerk Karr reported that the Youth Advisory Commission would be participating in
the Global Village on Saturday.
DISCUSSION OF MEETING SCHEDULE
City Manager Lombardo expressed an interest to schedule a Council retreat in July. Tentative
plans would be to allow for 6-8 hours; discussion of focus points for the coming year; using an
outside facilitator. After discussion Council suggested Saturday, August 16 or Saturday, August
23 as possible dates. Council will check their calendars and provide availability information to
City Clerk Karr for the next meeting.
STAFF ACTION: Memo in June 12 information packet regarding scheduling. (Karr)
COUNCIL TIME (continued)
3. Council Member Correia stated she was unable to continue to serve on the ECICOG
representing Iowa City. Mayor Bailey asked that the appointment be scheduled on the
next agenda.
Meeting adjourned 9:30 PM.
3a(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 of this calendar year for said publication is $_
OFFICIAL COUNCIL ACTIONS - 6/3/08
Iowa City City Council regular meeting 7:00 p.m. at City Hall. Mayor Bailey presiding.
Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright.
Absent: None.
The Mayor noted the tragic plane crash earlier in the day that claimed the life of a
child, offered condolences to the family, and commended first responders at the scene.
The Mayor proclaimed Pride Month -June 2008, Matt Dolter, Iowa City Pride
Committee accepting.
A special presentation was made by Iowa Department of Transportation District 6
Planner Cathy Cutler declaring Iowa City as an Official Saints Community.
Moved and seconded that the following items and recommendations in the Consent
Calendar be received, or approved, and/or adopted as presented:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: May 12, Special Council Work Session; May 13, Special Council Formal
Official and Complete.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Animal
Care Task Force -April 24, 2008; Animal Care Task Force -March 6, 2008; Historic
Preservation Commission -May 8, 2008; Housing and Community Development
Commission -April 17, 2008; Planning and Zoning Commission -May 1, 2008; Public
Art Advisory Committee -April 3, 2008; Human Rights Commission -April 22, 2008;
Board of Adjustment -April 9, 2008; Airport Commission -April 28, 2008; Airport
Commission -April 10, 2008; Police Citizens Review Board -April 8, 2008; Police
Citizens Review Board -March 11, 2008; Historic Preservation Commission -March
13, 2008; Historic Preservation Commission -April 10, 2008; Youth Advisory
Commission -April 21, 2008.
Permit Motions and Resolutions as Recommended by the City Clerk. New:
Class C Liquor License for Firewater, 347 S. Gilbert St.
Renewal: Class C Liquor License for Rick's Grille & Spirits, 1705 S First Ave.;
Class C Liquor License for Shakespeare's, 819 S. First Ave.; Class C Liquor License
for Colonial Lanes, 2253 Highway 218 S.; Class C Liquor License for Weeks-Van Eck
Post #3949 Veterans of Foreign Wars, 609 Highway 6 E.; Class C Liquor License for
Vine Tavern & Eatery, 330 E. Prentiss St.; Class C Liquor License for Wig & Pen Pizza
Pub, 1220 Highway 6 W; Outdoor Service Area for Wig & Pen Pizza Pub, 1220
Highway 6 W; Class C Beer Permit for EI Paso the Mexican Store, 609 Hollywood
Blvd.; Class C Beer Permit for Kum & Go #422, 513 S. Riverside Dr.; Class E Liquor
License for CVS/Pharmacy #8547 , 2425 Muscatine Ave.
Motions: Approve disbursements in the amount of $9,188,871.97 for the period
of March 1 through March 31, 2008, as recommended by the Finance Director subject
Official Actions
June 3, 2008
Page 2
to audit; Approve disbursements in the amount of $12,218,805.10 for the period of
April 1 through April 30, 2008, as recommended by the finance director subject to
audit.
Public Hearings: RES. 08-150, SETTING A PUBLIC HEARING ON JUNE 17,
2008 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF
COST FOR THE CONSTRUCTION OF THE 2008 DURABLE PAVEMENT MARKING
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. 08-151, SETTING A PUBLIC HEARING ON JUNE 17,
2008 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF
COST FOR THE CONSTRUCTION OF THE 2008 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; RES. 08-152, SETTING A PUBLIC HEARING
ON JUNE 17, 2008 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHLAND COURT
WATER MAIN EXTENSION 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. 08-153, SETTING PUBLIC
HEARING FOR JUNE 17, 2008, ON A PROPOSAL TO CONVEY A SINGLE FAMILY
HOME LOCATED AT 960 LONGFELLOW PLACE.
Resolutions: RES. 08-154, TO AMEND THE FY06 AND FY08 ANNUAL
ACTION PLANS, WHICH ARE A PART OF IOWA CITY'S 2006-2010
CONSOLIDATED PLAN (CITY STEPS); RES. 08-155, ACCEPTING THE WORK
FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR FIRST AMERICAN
BANK ADDITION PROJECT; RES. 08-156, ACCEPTING THE WORK FOR THE
RECONSTRUCTION OF THE PAVEMENT AND ASSOCIATED STORM SEWER
FOR THE ALLEY LOCATED IN BLOCK 40 OF ORIGINAL TOWN; RES. 08-157,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC
RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER UNIVERSITY
VIEW PARTNERS, AND TENANT TAKANAMI LLC D/B/A TAKANAMI, FOR A
SIDEWALK CAFE; RES. 08-158, ACCEPTING PAYMENT OF A $300 CIVIL
PENALTY AND WAIVER OF RIGHT TO HEARING AND FROM HY-VEE FOOD
STORE; RES. 08-159, ACCEPTING PAYMENT OF A $300 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING AND FROM SAMCO OF IOWA CITY, INC., D/B/A
JOE'S PLACE.
Correspondence: Acting Traffic Engineering Planner regarding Installation of
(2) NO PARKING BETWEEN SIGNS signs in the 100 Block of N. Linn Street (on east
side); Acting Traffic Engineering Planner regarding Installation of (2) STOP signs and
(1) YIELD sign; Brian Flynn regarding Blackstone Restaurant outdoor service area;
Letters from Angela Reams and Sarah Hansen regarding University of Iowa Alcohol
Prevention Program Summary; Jim Cochran regarding Smoking - Ped Mall [staff
response included]; Sheila Knoploh-Odole regarding Bike accident Church and Dodge
[staff response included]; Andy Johnson regarding Senate File 2432; Ray Wombacher
Official Actions
June 3, 2008
Page 3
regarding Lack of reimbursement for property damage [copy of the May 8, 2008 letter
to which Mr. Wombacher is responding is included in Council packet]; Albert Gibson
regarding Ban leaf blowers and gas trimmers.
Council Member Hayek stated he will be abstaining from voting on the Consent Calendar as
his firm represents one of the applicants for a sidewalk cafe. The Mayor declared the motion
carried.
Senior Center Commissioner Michael Lensing updated Council on activities at the
Center. The following individuals appeared regarding Teens Against Alcohol and Drugs
(TADD): Kelly Vanderwerff, MECCA Prevention Supervisor; Destiny Rodriquez and
Stephanie Reyes, 241 Paddock Circle. Moved and seconded to accept correspondence.
The Mayor declared the motion carried.
Moved and seconded to set a public hearing for June 17 on an ordinance amending
Title 15, Land Subdivisions, by repealing Title 15 in its entirety and replacing it with a new
Title 15, Land Subdivisions. The Mayor declared the motion carried.
A public hearing was held on a resolution to amend the Comprehensive Plan to
change the land use map designation for approximately 10 acres of land located north of
Highway 6, east of Scott Boulevard, and west of Commerce Drive from Industrial to General
Commercial.
Moved and seconded to adopt RES. 08-160, TO AMEND THE COMPREHENSIVE
PLAN TO CHANGE THE LAND USE MAP DESIGNATION FOR APPROXIMATELY 10
ACRES OF LAND LOCATED NORTH OF HIGHWAY 6, EAST OF SCOTT BOULEVARD,
AND WEST OF COMMERCE DRIVE FROM INDUSTRIAL TO GENERAL COMMERCIAL.
A public hearing was held on an ordinance conditionally rezoning approximately 10.08
acres of land located north of Highway 6, east of Scott Boulevard, and west of Commerce
Drive from Intensive Commercial (CI-1) Zone to Community Commercial (CC-2) Zone.
(REZ08-00003). Moved and seconded to continue the public hearing to June 17 to allow the
conditional zoning agreement to be signed. The Mayor declared the motion carried.
Moved and seconded to defer to June 17 the ordinance conditionally rezoning
approximately 10.08 acres of land located north of Highway 6, east of Scott Boulevard, and
west of Commerce Drive from Intensive Commercial (CI-1) Zone to Community Commercial
(CC-2) Zone. (REZ08-00003). The Mayor declared the motion carried.
A public hearing was held on ordinance rezoning approximately 9.48 acres of land
located south of Olive Court and Learner Court and east of Marietta Avenue from Medium
Density Single Family (RS-8) Zone to Planned Development Overlay (OPD-8). (REZ08-
0001). The following individuals appeared: Architect Kevin Monson, representing the
developer; Doug Moore, 77 Olive Court; Oguz Poroy, 36 Highland Drive; Sue
Hettmansperger, 114 Highland Drive; Harold Plate, 50 Highland Drive; Renee Goethe, 103
Highland Drive; Chris Luzzie, 338 Koser, UH; Doris Eckey, 33 Highland Drive; Jack Neuzil,
Solon; Mark Kamps, 1104 Tower Court; and Aaron Olson, 79 Olive Court. Individual Council
Members expressed their views. Moved and seconded to continue public hearing to June 17.
The Mayor declared the motion carried. Moved and seconded to accept correspondence
from: Kevin Monson power point); Doug Moore (power point); Steven & Kristine Schooley;
Sue Hettmansperger (x2); Chris Anderson; Renee Goethe (x2); Ahmad Wehbe; Lawrence
Fritts; Doris Eckey; and Rick Gienapp. The Mayor declared the motion carried.
Official Actions
June 3, 2008
Page 4
Moved and seconded to defer to June 17 the ordinance rezoning approximately 9.48
acres of land located south of Olive Court and Learner Court and east of Marietta Avenue
from Medium Density Single Family (RS-8) Zone to Planned Development Overlay (OPD-8).
(REZ08-00001). The Mayor declared the motion carried.
A public hearing was held on a resolution approving vacation of the Northtowne
Parkway Right-of-Way and partial release of public access easement within Highlander
Development, Third Addition, Iowa City, Iowa (VAC08-00002). Moved and seconded to
continue public hearing to July 15. The Mayor declared the motion carried.
Moved and seconded to defer to July 15 the resolution approving vacation of the
Northtowne Parkway right-of-way and partial release of public access easement within
Highlander Development, Third Addition, Iowa City, Iowa. The Mayor declared the motion
carried.
Moved and seconded that the ordinance rezoning approximately 11.7-acres of land
located on Ruppert Road west of Old Highway 218 from Community Commercial (CC-2) to
Intensive Commercial (CI-1) (REZ08-00004), be given second vote. The Mayor declared the
motion carried.
Moved and seconded that the ordinance rezoning approximately 8.95-acres of land
located on Ruppert Road west of Old Highway 218 from Community Commercial (CC-2) to
Neighborhood Public (P-1) (REZ08-00004), be given second vote. The Mayor declared the
motion carried.
Moved and seconded to approve the resolution approving the preliminary plat of
Galway Hills Subdivision Parts 10 & 11 Iowa City, Iowa. The following individuals appeared:
Jay and Nancy LeaVesseur, 742 Tipperary Road; Jim Woodin, 3468 Killarney Road; and
Charlotte Bailey, 6 Kearney Court. Moved and seconded to defer until June 17. The Mayor
declared the motion to defer carried.
Moved and seconded to defer to June 17 the resolution approving the final plats of
Galway Hills Subdivision Parts 10 & 11, Iowa City, Iowa. Moved and seconded to accept
correspondence from Jay and Nancy LeaVesseur, Mary Greenleaf, Patrick and Rebecca
Hensel (x). The Mayor declared the motion carried.
Moved and seconded to send a letter to the Johnson County Board of Adjustment
recommending approval of a conditional use permit for Agudas Achim Congregation to
establish a cemetery on 4.12-acres of property located south of Linder Road and west of
Prairie Du Chien Road (0008-00001). The Mayor declared the motion carried.
A public hearing was held on an ordinance amending Title 16, Public Works, Chapter
3A, City Utilities -General Provisions, Section 6, Billing and Collection Procedures;
Delinquent Accounts, to eliminate the delinquency charge for all state and local government
entities. Moved and seconded to continue the public hearing to June 17. The Mayor
declared the motion carried.
Moved and seconded to defer to June 17 the ordinance amending Title 16, Public
Works, Chapter 3A, City Utilities -General Provisions, Section 6, Billing and Collection
Procedures; Delinquent Accounts, to eliminate the delinquency charge for all state and local
government entities. The Mayor declared the motion carried.
A public hearing was held on a resolution authorizing the conveyance of property
known as the Peninsula Neighborhood, Phase 2A, in Iowa City, Iowa, to Peninsula
Development Company.
Official Actions
June 3, 2008
Page 5
Moved and seconded to adopt RES. 08-161, AUTHORIZING THE CONVEYANCE OF
PROPERTY KNOWN AS THE PENINSULA NEIGHBORHOOD, PHASE 2A, IN IOWA CITY,
IOWA, TO PENINSULA DEVELOPMENT COMPANY.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the Robert A. Lee Recreation Center
Roof Membrane Replacement Project, establishing amount of bid security to accompany
each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for
receipt of bids.
Moved and seconded to adopt RES. 08-162, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE ROBERT A. LEE RECREATION CENTER ROOF MEMBRANE
REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO
ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR
BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
A hearing was held on a resolution assessing a $300.00 Civil Penalty against CVS,
pursuant to Iowa Code Section 453A.22(2) (2007). Asst. Johnson County Atty. Chappell
present.
Moved and seconded to adopt RES. 08-163, ASSESSING A $300.00 CIVIL PENALTY
AGAINST CVS.
A hearing was held on a resolution assessing a $300.00 Civil p\Penalty against
K-Mart, pursuant to Iowa Code Section 453A.22(2) (2007). Asst. Johnson County Atty.
Chappell present.
Moved and seconded to adopt RES.'08-164, ASSESSING A $300.00 CIVIL PENALTY
AGAINST K-MART.
Moved and seconded to adopt RES. 08-165, DIRECTING SALE OF $9,150,000
GENERAL OBLIGATION BONDS, SERIES 2008A.
Moved and seconded to adopt RES. 08-166, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE FIRST ADDENDUM TO LEASE AGREEMENT
WITH HIERONYMI PARTNERSHIP L.L.P. FOR THE LEASE OF APPROXIMATELY 760
SQUARE FEET OF COMMERCIAL SPACE LOCATED WITHIN THE COURT STREET
TRANSPORTATION CENTER.
Council Hayek abstained due to a conflict of interest. Moved and seconded to adopt
RES. 08-167, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN
THE CITY OF IOWA CITY, LANDOWNER THREE GUYS HOLDINGS LLP, AND TENANT
CORNER OF THE MEADOW, INC. D/B/A MOTLEY COW CAFE, FOR A SIDEWALK CAFE.
Moved and seconded to adopt RES. 08-168, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE
OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER
PRODIGY ENTERPRISES L.L.C., AND TENANT CAFFREY, INC. D/B/A DC'S, FOR A
SIDEWALK CAFE.
Moved and seconded to adopt RES. 08-169, APPROVING THE ACQUISITION OF A
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT AND A PERMANENT
EASEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE BOARD OF
REGENTS, STATE OF IOWA FOR THE BENEFIT OF THE STATE UNIVERSITY OF IOWA
Official Actions
June 3, 2008
Page 6
FOR THE CONSTRUCTION OF THE 2008 DUBUQUE/CHURCH STREET RADIUS
IMPROVEMENT PROJECT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST DOCUMENTATION OF THE SAME.
Moved and seconded to adopt RES. 08-170, APPROVING AN AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA REGARDING
CERTAIN OBLIGATIONS INVOLVING THE CONSTRUCTION OF THE 2008
DUBUQUE/CHURCH STREET RADIUS IMPROVEMENT PROJECT AND AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION OF THE
SAME.
Moved and seconded to adopt RES. 08-171, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR CONSTRUCTION OF THE 2008 DUBUQUE/CHURCH STREET RADIUS
IMPROVEMENT PROJECT.
Moved and seconded to adopt RES. 08-172, AWARDING CONTRACT $ 670,000.00
AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR CONSTRUCTION OF THE PUBLIC WORKS SALT STORAGE FACILITY
PROJECT.
Moved and seconded to adopt RES. 08-173, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR CONSTRUCTION OF THE 2008 ASPHALT RESURFACING PROJECT.
Moved and seconded to adopt RES. 08-174, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE ADOPTION OF THE EAST CENTRAL IOWA
COUNCIL OF GOVERNMENT'S UPDATED REGIONAL COMPREHENSIVE INTEGRATED
SOLID WASTE MANAGEMENT PLAN FOR 2008-2014.
The Mayor noted the previously announced vacancies on Boards and Commissions:
Airport Zoning Brd of Adjustment to fill an unexpired term plus afive-year term ending
December 31, 2011; Airport Zoning Commission to fill asix-year term January 1, 2006 -
December 31, 2011; Civil Service Commission to fill afour-year term April 7, 2008 -April 2,
2012; Youth Advisory Commission to fill a two year term January 1, 2008 -December 31,
2009, Age 18 to 21 on the date of filing. Applications must be received by 5:00 p.m.,
Wednesday, June 11, 2008.
The Mayor announced the current vacancies: Housing & Community Development
Commission for three vacancies to fill three-year terms September 1, 2008 -September 1,
2011; Police Citizens Review Board for two vacancies to fill four-year terms September 1,
2008 -September 1, 2012. Planning & Zoning Commission to fill an unexpired term ending
May 1, 2010. Applications must be received by 5:00 p.m., Wednesday, July 9, 2008. [Staff
will not publish additional notices after a period of six publications; but will continue to
advertise vacancies with postings and on the Council agenda. However, no additional
publication costs will be incurred.]
Moved and seconded to appoint Joshua Busard, 2926 E Washington Street, to the
Planning & Zoning Commission to fill an unexpired term ending May 1, 2011. The Mayor
declared the motion carried.
Moved and seconded to adjourn meeting at 10:30 p.m. The Mayor declared the
motion carried.
Official Actions
June 3, 2008
Page 7
A more complete description of Council activities and disbursements is on file in
the office of the City Clerk and Finance Department.
s/Regenia D. Bailey, Mayor _
s/Marian K. Karr, City Clerk
Submitted for publication - 6/11/08.
~~ ~ ~~
The cost of publishing the following proceedings and claims is
Cumulative cost of this calendar year for said publication is $_
OFFICIAL COUNCIL ACTIONS - 6/11/08
AS AUTHORIZED BY SECTION 21.4 OF THE IOWA CODE, THIS MEETING IS
BEING CALLED ON LESS THAN 24 HOURS NOTICE FOR GOOD CAUSE DUE TO
THE CURRENT FLOOD CONDITIONS IN IOWA CITY.
Iowa City City Council special meeting 6:00 p.m. at City Hall. Mayor Bailey
presiding. Council Members present: Bailey, Correia, Hayek, O'Donnell, Wilburn,
Wright. Absent: Champion.
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 first and second consideration and vote be waived,
and that ORD. 08-4306, AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS,"
CHAPTER 1, ENTITLED "CIVIL EMERGENCIES" TO AUTHORIZE THE MAYOR TO
MANDATE EVACUATION IN THE EVENT A CIVIL EMERGENCY IS PROCLAIMED,
be voted on for final passage at this time. The Mayor declared the motion carried.
Moved and seconded that the ordinance be finally adopted at this time.
Moved and seconded to adjourn meeting at 6:10 p.m. The Mayor declared the
motion carried.
A more complete description of Council Activities is on file in the office of the City
Clerk.
s/Regenia D. Bailey, Mayor
s/ r~ ity CI
Sub itte or publication - 6/12/08.
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
JUNE 3, 2008
Iowa City City Council regular meeting 7:00 p.m. at City Hall. Mayor Bailey presiding.
Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright.
Absent: None. Staff members present: Lombardo, Helling, O'Malley, Dilkes, Karr, Moran,
Howard, Davidson, Scott, Morris, Panos.
The Mayor noted the tragic plane crash earlier in the day that claimed the life of a
child, offered condolences to the family, and commended first responders at the scene.
The Mayor proclaimed Pride Month -June 2008, Matt Dolter, Iowa City Pride
Committee accepting.
A special presentation was made by Iowa Department of Transportation District 6
Planner Cathy Cutler declaring Iowa City as an Official Saints Community.
Moved by Champion, seconded by Wright, that the following items and
recommendations in the Consent Calendar be received, or approved, and/or adopted as
presented:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: May 12, Special Council Work Session; May 13, Special Council Formal
Official and Complete.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Animal
Care Task Force -April 24, 2008; Animal Care Task Force -March 6, 2008; Historic
Preservation Commission -May 8, 2008; Housing and Community Development
Commission -April 17, 2008; Planning and Zoning Commission -May 1, 2008; Public
Art Advisory Committee -April 3, 2008; Human Rights Commission -April 22, 2008;
Board of Adjustment -April 9, 2008; Airport Commission -April 28, 2008; Airport
Commission -April 10, 2008; Police Citizens Review Board -April 8, 2008; Police
Citizens Review Board -March 11, 2008; Historic Preservation Commission -March
13, 2008; Historic Preservation Commission -April 10, 2008; Youth Advisory
Commission -April 21, 2008.
Permit Motions and Resolutions as Recommended by the City Clerk. New:
Class C Liquor License for Firewater, LLC, dba Firewater, 347 S. Gilbert St.
Renewal: Class C Liquor License for Jirsa's, LLC dba Rick's Grille & Spirits,
1705 S First Ave.; Class C Liquor License for Quzer, Inc., dba Shakespeare's, 819 S.
First Ave.; Class C Liquor License for Pershell Corp., dba Colonial Lanes, 2253
Highway 218 S.; Class C Liquor License for Weeks-Van Eck Post #3949 Veterans of
Foreign Wars dba Weeks-Van Eck Post #3949 Veterans of Foreign Wars, 609
Highway 6 E.; Class C Liquor License for Kennedy Investments, Inc., dba Vine Tavern
& Eatery, 330 E. Prentiss St.; Class C Liquor License for GFP, Inc., dba Wig & Pen
Pizza Pub, 1220 Highway 6 W; Outdoor Service Area for GFP, Inc., dba Wig & Pen
Pizza Pub, 1220 Highway 6 W; Class C Beer Permit for EI Paso Tienda y Taqueria,
Inc., dba EI Paso the Mexican Store, 609 Hollywood Blvd.; Class C Beer Permit for
Complete Description
June 3, 2008
Page 2
Kum & Go, LC, dba Kum & Go #422, 513 S. Riverside Dr.; Class E Liquor License for
Iowa CVS Pharmacy, LLC, dba CVS/Pharmacy #8547 , 2425 Muscatine Ave.
Motions: Approve disbursements in the amount of $9,188,871.97 for the period
of March 1 through March 31, 2008, as recommended by the Finance Director subject
to audit; Approve disbursements in the amount of $12,218,805.10 for the period of
April 1 through April 30, 2008, as recommended by the finance director subject to
audit.
Public Hearings: RES. 08-150, SETTING A PUBLIC HEARING ON JUNE 17,
2008 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF
COST FOR THE CONSTRUCTION OF THE 2008 DURABLE PAVEMENT MARKING
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. 08-151, SETTING A PUBLIC HEARING ON JUNE 17,
2008 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF
COST FOR THE CONSTRUCTION OF THE 2008 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; RES. 08-152, SETTING A PUBLIC HEARING
ON JUNE 17, 2008 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHLAND COURT
WATER MAIN EXTENSION 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. 08-153, SETTING PUBLIC
HEARING FOR JUNE 17, 2008, ON A PROPOSAL TO CONVEY A SINGLE FAMILY
HOME LOCATED AT 960 LONGFELLOW PLACE.
Resolutions: RES. 08-154, TO AMEND THE FY06 AND FY08 ANNUAL
ACTION PLANS, WHICH ARE A PART OF IOWA CITY'S 2006-2010
CONSOLIDATED PLAN (CITY STEPS); RES. 08-155, ACCEPTING THE WORK
FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR FIRST AMERICAN
BANK ADDITION PROJECT; RES. 08-156, ACCEPTING THE WORK FOR THE
RECONSTRUCTION OF THE PAVEMENT AND ASSOCIATED STORM SEWER
FOR THE ALLEY LOCATED IN BLOCK 40 OF ORIGINAL TOWN; RES. 08-157,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC
RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER UNIVERSITY
VIEW PARTNERS, AND TENANT TAKANAMI LLC D/B/A TAKANAMI, FOR A
SIDEWALK CAFE; RES. OS-158, ACCEPTING PAYMENT OF A $300 CIVIL
PENALTY AND WAIVER OF RIGHT TO HEARING AND FROM HY-VEE FOOD
STORE; RES. 08-159, ACCEPTING PAYMENT OF A $300 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING AND FROM SAMCO OF IOWA CITY, INC., D/B/A
JOE'S PLACE.
Correspondence: Acting Traffic Engineering Planner regarding Installation of
(2) NO PARKING BETWEEN SIGNS signs in the 100 Block of N. Linn Street (on east
side); Acting Traffic Engineering Planner regarding Installation of (2) STOP signs and
(1) YIELD sign; Brian Flynn regarding Blackstone Restaurant outdoor service area;
Complete Description
June 3, 2008
Page 3
Letters from Angela Reams and Sarah Hansen regarding University of Iowa Alcohol
Prevention Program Summary; Jim Cochran regarding Smoking - Ped Mall [staff
response included]; Sheila Knoploh-Odole regarding Bike accident Church and Dodge
[staff response included]; Andy Johnson regarding Senate File 2432; Ray Wombacher
regarding Lack of reimbursement for property damage [copy of the May 8, 2008 letter
to which Mr. Wombacher is responding is included in Council packet]; Albert Gibson
regarding Ban leaf blowers and gas trimmers.
Council Member Hayek stated he will be abstaining from voting on the Consent Calendar as
his firm represents one of the applicants for a sidewalk cafe. Affirmative roll call vote
unanimous, 6/0, Hayek abstaining due to a conflict of interest. The Mayor declared the
motion carried.
Senior Center Commissioner Michael Lensing updated Council on activities at the
Center. The following individuals appeared regarding Teens Against Alcohol and Drugs
(TADD): Kelly Vanderwerff, MECCA Prevention Supervisor; Destiny Rodriquez and
Stephanie Reyes, 241 Paddock Circle. Moved by Correia, seconded by Champion, to accept
correspondence. The Mayor declared the motion carried unanimously, 7/0, all Council
members present.
Moved by Correia, seconded by O'Donnell, to set a public hearing for June 17 on an
ordinance amending Title 15, Land Subdivisions, by repealing Title 15 in its entirety and
replacing it with a new Title 15, Land Subdivisions. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
A public hearing was held on a resolution to amend the Comprehensive Plan to
change the land use map designation for approximately 10 acres of land located north of
Highway 6, east of Scott Boulevard, and west of Commerce Drive from Industrial to General
Commercial. PCD Director Davidson present for discussion.
Moved by O'Donnell, seconded by Champion, to adopt RES. 08-160, TO AMEND THE
COMPREHENSIVE PLAN TO CHANGE THE LAND USE MAP DESIGNATION FOR
APPROXIMATELY 10 ACRES OF LAND LOCATED NORTH OF HIGHWAY 6, EAST OF
SCOTT BOULEVARD, AND WEST OF COMMERCE DRIVE FROM INDUSTRIAL TO
GENERAL COMMERCIAL. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the resolution adopted.
A public hearing was held on an ordinance conditionally rezoning approximately 10.08
acres of land located north of Highway 6, east of Scott Boulevard, and west of Commerce
Drive from Intensive Commercial (CI-1) Zone to Community Commercial (CC-2) Zone.
(REZ08-00003). PCD Director Davidson present for discussion. Moved by Correia,
seconded by O'Donnell, to continue the public hearing to June 17 to allow the conditional
zoning agreement to be signed. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
Moved by Champion, seconded by Hayek, to defer to June 17 the ordinance
conditionally rezoning approximately 10.08 acres of land located north of Highway 6, east of
Scott Boulevard, and west of Commerce Drive from Intensive Commercial (CI-1) Zone to
Community Commercial (CC-2) Zone. (REZ08-00003). The Mayor declared the motion
carried unanimously, 7/0, all Council Members present.
A public hearing was held on ordinance rezoning approximately 9.48 acres of land
located south of Olive Court and Learner Court and east of Marietta Avenue from Medium
Complete Description
June 3, 2008
Page 4
Density Single Family (RS-8) Zone to Planned Development Overlay (OPD-8). (REZ08-
0001). Associate Planner Howard present for discussion. The Mayor requested that Council
Members disclose ex parte communications. Individual Council Members shared
information. The following individuals appeared: Architect Kevin Monson, representing the
developer; Doug Moore, 77 Olive Court; Oguz Poroy, 36 Highland Drive; Sue
Hettmansperger, 114 Highland Drive; Harold Plate, 50 Highland Drive; Renee Goethe, 103
Highland Drive; Chris Luzzie, 338 Koser, UH; Doris Eckey, 33 Highland Drive; Jack Neuzil,
Solon; Mark Kamps, 1104 Tower Court; and Aaron Olson, 79 Olive Court. Individual Council
Members expressed their views. Moved by Champion, seconded by Correia, to continue
public hearing to June 17. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present. Moved by Wilburn, seconded by Correia, to accept
correspondence from: Kevin Monson power point); Doug Moore (power point); Steven &
Kristine Schooley; Sue Hettmansperger (x2); Chris Anderson; Renee Goethe (x2); Ahmad
Wehbe; Lawrence Fritts; Doris Eckey; and Rick Gienapp. The Mayor declared the motion
carried unanimously, 7/0, all Council Members present.
Moved by Wilburn, seconded by Wright, to defer to June 17 the ordinance rezoning
approximately 9.48 acres of land located south of Olive Court and Learner Court and east of
Marietta Avenue from Medium Density Single Family (RS-8) Zone to Planned Development
Overlay (OPD-8). (REZ08-00001). Individual Council Members expressed their views. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
A public hearing was held on a resolution approving vacation of the Northtowne
Parkway Right-of-Way and partial release of public access easement within Highlander
Development, Third Addition, Iowa City, Iowa (VAC08-00002). Moved by O'Donnell,
seconded by Champion to continue public hearing to July 15. The Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
Moved by Correia, seconded by O'Donnell, to defer to July 15 the resolution approving
vacation of the Northtowne Parkway right-of-way and partial release of public access
easement within Highlander Development, Third Addition, Iowa City, Iowa. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Champion, seconded by Correia, that the ordinance rezoning approximately
11.7-acres of land located on Ruppert Road west of Old Highway 218 from Community
Commercial (CC-2) to Intensive Commercial (CI-1) (REZ08-00004), be given second vote.
The Mayor requested that Council Members disclose ex parte communications, and none
were reported. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the motion carried.
Moved by Wright, seconded by Correia, that the ordinance rezoning approximately
8.95-acres of land located on Ruppert Road west of Old Highway 218 from Community
Commercial (CC-2) to Neighborhood Public (P-1) (REZ08-00004), be given second vote.
The Mayor requested that Council Members disclose ex parte communications, and none
were reported. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the motion carried.
Moved by Champion, seconded by O'Donnell, to approve the resolution approving the
preliminary plat of Galway Hills Subdivision Parts 10 & 11 Iowa City, Iowa. PCD Director
Davidson present for discussion. The following individuals appeared: Jay and Nancy
LeaVesseur, 742 Tipperary Road; Jim Woodin, 3468 Killarney Road; and Charlotte Bailey, 6
Complete Description
June 3, 2008
Page 5
Kearney Court. Moved by Champion to defer until June 17. The Mayor declared the motion
dead for lack of a second. Individual Council Members expressed their views. Moved by
Wilburn, seconded by Champion, to defer until June 17. The Mayor declared the motion to
defer carried, 6/1, with the following division of voice vote: Ayes: Bailey, Champion, Correia,
Hayek, Wilburn, Wright. Nays: O'Donnell. Absent: None.
Moved by Correia, seconded by Champion, to defer to June 17 the resolution
approving the final plats of Galway Hills Subdivision Parts 10 & 11, Iowa City, Iowa.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted. Moved by Wilburn, seconded by Hayek, to accept correspondence
from Jay and Nancy LeaVesseur, Mary Greenleaf, Patrick and Rebecca Hensel (x2). The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Wilburn, seconded by Champion, to send a letterto the Johnson County
Board of Adjustment recommending approval of a conditional use permit for Agudas Achim
Congregation to establish a cemetery on 4.12-acres of property located south of Linder Road
and west of Prairie Du Chien Road (0008-00001). The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
A public hearing was held on an ordinance amending Title 16, Public Works, Chapter
3A, City Utilities -General Provisions, Section 6, Billing and Collection Procedures;
Delinquent Accounts, to eliminate the delinquency charge for all state and local government
entities. Moved by Champion, seconded by O'Donnell to continue the public hearing to June
17. The Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Wilburn, seconded by Wright, to defer to June 17 the ordinance amending
Title 16, Public Works, Chapter 3A, City Utilities -General Provisions, Section 6, Billing and
Collection Procedures; Delinquent Accounts, to eliminate the delinquency charge for all state
and local government entities. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
A public hearing was held on a resolution authorizing the conveyance of property
known as the Peninsula Neighborhood, Phase 2A, in Iowa City, Iowa, to Peninsula
Development Company. No one appeared.
Moved by O'Donnell, seconded by Champion, to adopt RES. 08-161, AUTHORIZING
THE CONVEYANCE OF PROPERTY KNOWN AS THE PENINSULA NEIGHBORHOOD,
PHASE 2A, IN IOWA CITY, IOWA, TO PENINSULA DEVELOPMENT COMPANY. Moved by
Correia, seconded by Wright, to amend the resolution to move the proceeds of the sale into the
Affordable Housing Trust Account. Individual Council Members expressed their views. The
Mayor declared the motion to amend defeated, 3/4, with the following division of voice vote:
Ayes: Wilburn, Wright, Correia. Nays: Hayek, O'Donnell, Champion, Bailey. Absent: None.
Affirmative roll call vote on the resolution unanimous, 7/0, all Council Members present. The
Mayor declared the resolution adopted.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the Robert A. Lee Recreation Center
Roof Membrane Replacement Project, establishing amount of bid security to accompany
each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for
receipt of bids. No one appeared.
Moved by Wilburn, seconded by O'Donnell, to adopt RES. 08-162, APPROVING
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
Complete Description
June 3, 2008
Page 6
CONSTRUCTION OF THE ROBERT A. LEE RECREATION CENTER ROOF MEMBRANE
REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO
ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR
BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
A hearing was held on a resolution assessing a $300.00 Civil Penalty against CVS,
pursuant to Iowa Code Section 453A.22(2) (2007). Asst. Johnson County Atty. Chappell
present.
Moved by O'Donnell, seconded by Correia, to adopt RES. 08-163, ASSESSING A
$300.00 CIVIL PENALTY AGAINST CVS. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the resolution adopted.
A hearing was held on a resolution assessing a $300.00 Civil p\Penalty against
K-Mart, pursuant to Iowa Code Section 453A.22(2) (2007). Asst. Johnson County Atty.
Chappell present.
Moved by Wilburn, seconded by Hayek, to adopt RES. 08-164, ASSESSING A
$300.00 CIVIL PENALTY AGAINST K-MART. Affirmative roll call-vote unanimous, 7/0, all
Council Members present. The Mayor declared the resolution adopted.
Moved by Wilburn, seconded by O'Donnell, to adopt RES. 08-165, DIRECTING SALE
OF $9,150,000 GENERAL OBLIGATION BONDS, SERIES 2008A. Finance Director
O'Malley present for discussion. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Moved by Wilburn, seconded by Champion, to adopt RES. 08-166, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FIRST ADDENDUM TO
LEASE AGREEMENT WITH HIERONYMI PARTNERSHIP L.L.P. FOR THE LEASE OF
APPROXIMATELY 760 SQUARE FEET OF COMMERCIAL SPACE LOCATED WITHIN THE
COURT STREET TRANSPORTATION CENTER. Affirmative roll call vote unanimous, 7/0,
all Council Members present. The Mayor declared the resolution adopted.
Council Hayek abstained due to a conflict of interest. Moved by Wright, seconded by
O'Donnell, to adopt RES. 08-167, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC
RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER THREE GUYS
HOLDINGS LLP, AND TENANT CORNER OF THE MEADOW, INC. D/B/A MOTLEY COW
CAFE, FOR A SIDEWALK CAFE. Affirmative roll call vote unanimous, 6/0, Hayek
abstaining. The Mayor declared the resolution adopted.
Moved by O'Donnell, seconded by Wright, to adopt RES. 08-168, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR
TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY,
LANDOWNER PRODIGY ENTERPRISES L.L.C., AND TENANT CAFFREY, INC. D/B/A
DC'S, FOR A SIDEWALK CAFE. Individual Council Members expressed their views. The
Mayor declared the resolution adopted, 5/2, with the following division of roll call vote: Ayes:
Hayek, O'Donnell, Wilburn, Bailey, Champion. Nays: Wright, Correia. Absent: None.
Moved by Wright, seconded by Hayek, to adopt RES. 08-169, APPROVING THE
ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT AND A
PERMANENT EASEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE
BOARD OF REGENTS, STATE OF IOWA FOR THE BENEFIT OF THE STATE
Complete Description
June 3, 2008
Page 7
UNIVERSITY OF IOWA FOR THE CONSTRUCTION OF THE 2008 DUBUQUE/CHURCH
STREET RADIUS IMPROVEMENT PROJECT AND AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME. Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Moved by Wilburn, seconded by Wright, to adopt RES. 08-170, APPROVING AN
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA
REGARDING CERTAIN OBLIGATIONS INVOLVING THE CONSTRUCTION OF THE 2008
DUBUQUE/CHURCH STREET RADIUS IMPROVEMENT PROJECT AND AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION OF THE
SAME. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
Moved by Wilburn, seconded by O'Donnell, to adopt RES. 08-171, AWARDING
CONTRACT to All American Concrete, Inc. for $ 282,039.20 AND AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE 2008 DUBUQUE/CHURCH STREET RADIUS IMPROVEMENT
PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the resolution adopted.
Moved by Wilburn, seconded by Hayek, to adopt RES. 08-172, AWARDING
CONTRACT to Apex Construction Co., Inc. for $ 670,000.00 AND AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE PUBLIC WORKS SALT STORAGE FACILITY PROJECT.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted.
Moved by Wilburn, seconded by O'Donnell, to adopt RES. 08-173, AWARDING
CONTRACT to L.L. Pelting Company for $ 446,782.59 AND AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF
THE 2008 ASPHALT RESURFACING PROJECT. Affirmative roll call vote unanimous, 7/0,
all Council Members present. The Mayor declared the resolution adopted.
Moved by Champion, seconded by Correia, to adopt RES. 08-174, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE ADOPTION OF THE EAST
CENTRAL IOWA COUNCIL OF GOVERNMENT'S UPDATED REGIONAL COMPREHENSIVE
INTEGRATED SOLID WASTE MANAGEMENT PLAN FOR 2008-2014. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
The Mayor noted the previously announced vacancies on Boards and Commissions:
Airport Zoning Brd of Adjustment to fill an unexpired term plus afive-year term ending
December 31, 2011; Airport Zoning Commission to fill a six-year term January 1, 2006 -
December 31, 2011; Civil Service Commission to fill afour-year term April 7, 2008 -April 2,
2012; Youth Advisory Commission to fill a two year term January 1, 2008 -December 31,
2009, Age 18 to 21 on the date of filing. Applications must be received by 5:00 p.m.,
Wednesday, June 11, 2008.
The Mayor announced the current vacancies: Housing & Community Development
Commission for three vacancies to fill three-year terms September 1, 2008 -September 1,
2011; Police Citizens Review Board for two vacancies to fill four-year terms September 1,
Complete Description
June 3, 2008
Page 8
2008 -September 1, 2012. Planning & Zoning Commission to fill an unexpired term ending
May 1, 2010. Applications must be received by 5:00 p.m., Wednesday, July 9, 2008. [Staff
will not publish additional notices after a period of six publications; but will continue to
advertise vacancies with postings and on the Council agenda. However, no additional
publication costs will be incurred.]
Moved by Champion, seconded by Hayek, to appoint Joshua Busard, 2926 E
Washington Street, to the Planning & Zoning Commission to fill an unexpired term ending
May 1, 2011. The Mayor declared the motion carried unanimously, 7/0, all Council Members
present.
Council Member Wright reminded everyone this weekend was Arts Fest beginning
Summer of the Arts.
Council Member Correia welcomed City Manage Lombardo to his first meeting; and
congratulated Oral B on their 50 years in Iowa City.
Mayor Bailey complimented all those involved in Irving Weber Days and congratulated
Johnson County Historical Society on the event; noted the recent passing of Ron Prosser;
and echoes previous welcome comments to City Manager Michael Lombardo.
Moved by Wilburn, seconded by O'Donnell, to adjourn meeting at 10:30 p.m. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Regenia D. Bailey, Mayor
Marian K. Karr, City Clerk
COMPLETE DESCRIPTION OF COUNCIL MINUTES
JUNE 11, 2008
AS AUTHORIZED BY SECTION 21.4 OF THE IOWA CODE, THIS MEETING IS
BEING CALLED ON LESS THAN 24 HOURS NOTICE FOR GOOD CAUSE DUE TO
THE CURRENT FLOOD CONDITIONS IN IOWA CITY.
Iowa City City Council special meeting 6:00 p.m. at City Hall. Mayor Bailey
presiding. Council Members present: Bailey, Correia, Hayek, O'Donnell, Wilburn,
Wright. Absent: Champion. Staff members present: Lombardo, Helling, Dilkes, Karr,
Fosse, Hargadine, Rocca.
Moved by Correia, seconded Wright, 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 first and second consideration and
vote be waived, and that ORD. 08-4306, AMENDING TITLE 8, ENTITLED "POLICE
REGULATIONS," CHAPTER 1, ENTITLED "CIVIL EMERGENCIES" TO AUTHORIZE
THE MAYOR TO MANDATE EVACUATION IN THE EVENT A CIVIL EMERGENCY IS
PROCLAIMED, be voted on for final passage at this time. Affirmative roll call vote
unanimous, 6/0, Champion absent. The Mayor declared the motion carried. Moved by
Correia, seconded by O'Donnell, that the ordinance be finally adopted at this time.
Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the
ordinance adopted.
Moved by Wright, seconded by Correia, to adjourn meeting at 6:10 p.m. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Regenia D. Bailey, Mayor
Marian K. Karr, City Clerk