HomeMy WebLinkAbout2008-09-09 Council minutes4a 3
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 9, 2008
Iowa City City Council special 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, O'Brien, Davidson,
Tharp, Cate, O'Malley.
The Mayor proclaimed: Dottie Ray Day -September 5, 2008; Suicide Prevention Week
- September 7-13, 2008, Sarah Witry, Crisis Center Board Member accepting.
Fire Chief Rocca presented the Mayor with the Iowa City Fire Department
Accreditation Certificate recognizing Iowa City as one of 128 worldwide accredited
departments.
Moved by O'Donnell, seconded by Hayek, 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; August 25, Special Council Formal Official and Complete; August 25,
Special Council Work Session; August 26, 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): Parks and
Recreation Commission -July 16, 2008; Telecommunications Commission -July 28,
2008; Public Library -July 24, 2008; Historic Preservation Commission -August 14,
2008; Housing and Community Development Commission -July 17, 2008; Planning
and Zoning Commission -August 7, 2008; Human Rights Commission -July 22, 2008;
Airport Commission -June 9, 2008; Airport Commission -June 13, 2008; Airport
Commission -July 10, 2008; Airport Commission: August 4, 2008.
Permit Motions and Resolutions as Recommended by the City Clerk.
Renewal: Class C Liquor License for Corner of the Meadow, Inc., dba Motley Cow
Cafe, 160 N. Linn Street; Class B Wine Permit for Prairie Table, Inc., dba Prairie
Table, 223 E. Washington St.; Class C Beer Permit for L & M Mighty shop, Inc., dba L
& M Mighty Shop, Inc., 504 E. Burlington St.; Class C Beer Permit for ND Express,
Inc., dba North Dodge Express, 2790 N Dodge St..
Public Hearings: RES. 08-272, SETTING A PUBLIC HEARING for September
23 ON AMENDING THE FY2009 OPERATING BUDGET.
Resolutions: RES. 08-273, RESOLUTION NAMING DEPOSITORIES; RES.
08-274, ACCEPTING THE WORK FOR THE GRAND AVENUE ROUNDABOUT
PROJECT.
Correspondence: Acting Traffic Engineering Planner regarding Installation of (1)
Iowa City Transit BUS STOP sign at the northwest corner of the Hawkeye Park
Road/Melrose Avenue intersection; Acting Traffic Engineering Planner regarding
Installation of NO PARKING ANYTIME signs on the north side of Scott Park Drive
between Hummingbird Lane and Scott Boulevard; JCCOG Traffic Engineering Planner
Complete Description
September 9, 2008
Page 2
regarding Removal of (1) RESERVED HANDICAPPED PARKING sign assembly at the
southwest corner of the intersection of Yewell Street and Ginter Avenue; JCCOG Traffic
Engineering Planner regarding Installation of (1) YIELD sign at northwest corner and (1)
YIELD sign at the southeast corner of the intersection of Soccer Park Road/Kountry
Lane and Lehman Avenue; Rachelle Tsachor regarding Changes to 7th Avenue bus
route; Nora Lee Balmer regarding Cul-de-sac; Kandi Reindl regarding Commission
Forum's -Local Efforts to Clean up Nuisance Bars; Greg Allen regarding House
Signing; Iowa City Alcohol Advisory Board letters from Leah Cohen, Brian Flynn.
Acting Parking & Transit Director O'Brien responded to questions regarding changes to the 7m
Avenue bus routes. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the motion carried.
Orville Townsend, Sr., 713 Whiting Avenue thanked Council for their time and efforts
after the flooding this summer, and encouraged the community to embrace diversity. Libris
Fidelis, PO Box 10099, read a statement on intelligent planning in the community. Moved by
Wilburn, seconded by Correia, to accept correspondence from Mr. Fidelis. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present. Leah Cohen,
1638 Teg Drive, shared frustrations regarding issues related to excessive drinking. Airport
Commissioner Greg Farris updated Council on activities at the airport.
Moved by Wright, seconded by Correia, to set a public hearing for September 23 on
an ordinance amending Article 14-5B, Sign Regulations, to allow limited use of freestanding
signs in the Central Business Service (CB-2) Zone, add a definition and standards for
entranceway signs, and clarify regulations regarding signs on residential properties. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Wilburn, seconded by O'Donnell, to set a public hearing for September 23
on an ordinance conditionally rezoning approximately 3.87 acres of property located south of
Dodge Street and west of Scott Boulevard from Research Development Park (RDP) to
Commercial Office (CO-1) (REZ08-00008). The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by O'Donnell, seconded by Champion, that the ordinance amending the
conditional zoning agreement to modify the concept site plan for approximately 25.16 -acres
of property in the Community Commercial (CC-2) Zone for Westport Plaza including Wal-Mart
at 855, 911 & 1001 Highway 1 West (REZ08-00006), be given second vote. The Mayor
requested Council Members disclose ex parte communications, and individual Council
Members shared information. The following individuals appeared: Gary Sanders; Mary
Gravitt; and Brandon Ross. Individual Council Members expressed their views. The Mayor
declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Champion,
Correia, Hayek, O'Donnell, Wilburn, Bailey. Nays: Wright. Absent: None. Moved by
Wilburn, seconded by O'Donnell, to accept correspondence from Dennis Mitchell, Steven
Selzer, Robert Morey, Patrick Hughes, Grazyna Kochanska, Sarah Swisher, Mike McKay,
Eliana Trenam, Alicia and Bart Ryan, Greg Delzer, James Hoffa, Jim Walters, and Larry
Fleckenstein. The Mayor declared the motion carried unanimously, 7/0, all Council Members
present.
A public hearing was held on a resolution approving plans, specifications, form of
contract and estimate of cost for removal of flood-related sand and debris from City Park,
Complete Description
September 9, 2008
Page 3
establishing amount of bid security, directing City Clerk to publish advertisement for bids and
fixing time and place for receipt of bids. No one appeared.
Moved by Hayek, seconded by Correia, to adopt RES. 08-275, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR REMOVAL OF
FLOOD-RELATED SAND AND DEBRIS FROM CITY PARK, ESTABLISHING AMOUNT OF
BID SECURITY, 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.
Moved by O'Donnell, seconded by Wright, that ordinance amending Title 9, entitled
"Motor Vehicles and Traffic," to allow electric personal assistive mobility devices to be
operated on the sidewalks except downtown and to require operators to yield the right of way
to pedestrians, be given first vote. Individual Council Members expressed their views. The
Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes:
Hayek, O'Donnell, Wilburn, Wright, Champion, Correia. Nays: Bailey. Absent: None. Moved
by Wright, seconded by Champion, to accept correspondence from Leigh Sloan. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Wilburn, seconded by Champion, 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. 08-4314, AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY,"
TO DECLARE ADDITIONAL AREAS AS NONSMOKING PLACES AND TITLE 3, ENTITLED
"CITY FINANCES, TAXATION AND FEES," TO INCREASE THE FINE FOR LITTERING IN
CITY PLAZA,. be voted on for final passage at this time. Affirmative roll call vote unanimous,
7/0, all Council Members present. The Mayor declared the motion carried. Moved by
Wilburn, seconded by Champion, that the ordinance be finally adopted at this time.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the ordinance adopted. Moved by Champion, seconded by Wilburn, to accept
correspondence from Paul Harris. The Mayor declared the motion carried unanimously, 7/0,
all Council Members present.
Moved by Wright, seconded by Champion, 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. 08-4315, AMENDING TITLE 17 OF THE CITY CODE, ENTITLED "BUILDING
AND HOUSING," CHAPTER 5, ENTITLED, "HOUSING CODE," TO MAKE THE
DEFINITIONS AND OTHER PROVISIONS CONSISTENT WITH THE ZONING CODE AND
BUILDING RELATED CODES AND TO INCREASE THE SAFETY OF OWNER OCCUPIED
AND RENTAL HOUSING, be voted on for final passage at this time. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the motion carried.
Moved by Wright, seconded by Champion, that the ordinance be finally adopted at this time.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the ordinance adopted.
Moved by Champion, seconded by O'Donnell, to adopt RES. 08-276, AMENDING
THE BUDGETED POSITIONS IN THE PARKING AND TRANSIT DEPARTMENT BY
DELETING ONE FULL-TIME PARKING MANAGER POSITION, DELETING ONE FULL-
TIME TRANSIT MANAGER POSITION, AND ADDING ONE ASSOCIATE DIRECTOR OF
Complete Description
September 9, 2008
Page 4
PARKING AND TRANSIT POSITION AND AMENDING THE ADMINISTRATIVE PAY PLAN
BY DELETING THE POSITIONS OF PARKING MANAGER AND TRANSIT MANAGER,
GRADE 30, AND ADDING THE POSITION ASSOCIATE DIRECTOR OF PARKING AND
TRANSIT, GRADE 31. Acting Parking & Transit Director O'Brien present for discussion. The
Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes:
Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Nays: Bailey. Absent: None.
Moved by O'Donnell, seconded by Wilburn, to adopt RES. 08-277, AUTHORIZING
THE MAYOR TO SIGN THE CONSOLIDATED SUBSTANTIAL DAMAGE DETERMINATION
LISTING FOR THE HAZARD MITIGATION GRANT PROGRAM NOTICE OF INTEREST.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted.
Moved by Champion, seconded by Wright, to adopt RES. 08-278, DIRECTING SALE
OF $17,235,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES
20086. 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 Champion, seconded by O'Donnell, to adopt RES. 08-279, AUTHORIZING
THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 1998,
DATED APRIL 1, 1998, SERIES 1999, DATED MARCH 15, 1999 AND THE SERIES 2000,
DATED JULY 1, 2000 OF THE CITY OF IOWA CITY, IOWA AND DIRECTING NOTICE BE
GIVEN. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
Moved by Wright, seconded by Hayek, to adopt RES. 08-280, DIRECTING SALE OF
$24,940,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2008C.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted.
Moved by Champion, seconded by Corriea, to adopt RES. 08-281, AUTHORIZING
THE REDEMPTION OF OUTSTANDING SEWER REVENUE BONDS, SERIES 1996,
DATED MARCH 15, 1996, SERIES 1997, DATED JUNE 1, 1997 AND THE SERIES 1999
DATED FEBRUARY 1, 1999, OF THE CITY OF IOWA CITY, IOWA, AND DIRECTING
NOTICE BE GIVEN. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the resolution adopted.
Moved by Hayek, seconded by Correia, to adopt RES. 08-282, DIRECTING SALE OF
$7,145,000 WATER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2008D.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted.
Moved by Hayek, seconded by Wright, to adopt RES. 08-283, AUTHORIZING THE
REDEMPTION OF OUTSTANDING WATER REVENUE BONDS OF THE CITY OF IOWA
CITY, IOWA, DATED MAY 1, 1999, AND DIRECTING NOTICE BE GIVEN. Finance Director
O'Malley present for discussion. 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:
Board of Adjustment to fill an unexpired term, effective upon appointment -January 1, 2011.
Applications must be received by 5:00 p.m., Wednesday, September 17, 2008. Airport
Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus afive-
yearterm ending December 31, 2011; Airport Zoning Commission to fill asix-year term
Complete Description
September 9, 2008
Page 5
January 1, 2006 -December 31, 2011; Youth Advisory Commission to fill an unexpired plus
a two year term, effective upon appointment, ending December 31, 2010 for One (1) person -
Age 15 to 17 on the date of filing. Applications must be received by 5:00 p.m., Wednesday,
October 1, 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.]
The Mayor announced the current vacancy to the Youth Advisory Commission to fill an
unexpired plus a two year term, effective upon appointment, ending December 31, 2010 for
One (1) person -Age 15 to 17 on the date of filing. Applications must be received by 5:00
p.m., Wednesday, October 15, 2008. Moved by Wilburn, seconded by O'Donnell, to accept
correspondence from David Segar. The Mayor declared the motion carried unanimously, 7/0,
all Council Members present.
Council Member Correia congratulated United Way of Johnson on their kick-off
ceremony and campaign goal of $2.55 million; stated the Women's Resource and Action
Center is accepting applications for male volunteers for training beginning September 22 for a
men's' antiviolence council; and requested two items, Inclusive Community meeting update
and review of alcohol ordinances, be scheduled for an upcoming work session.
Council Member Hayek echoed the request to review the alcohol issue at an upcoming
work session; and encouraged citizens to vote in the School Board election.
Council Member Wilburn stated he would be attending the Iowa League of Cities
meeting and the Metropolitan Coalition would not be meeting as planned but that he would be
discussing issues with members at the Conference.
Council Member Champion stated she would be interested in talking about alcohol
issues as well, and she was willing to discuss the 21-issue again.
Council Member Wright promoted the Third Annual Zombie March starting at Happy
Hollow Park on September 13 benefitting the Iowa City Animal Care and Adoption Center.
Mayor Bailey stated she would also be attending the League meeting in Council Bluffs
and looked forward to discussing issues affecting cities in the State.
City Manager Lombardo announced that the bond sale earlier in the meeting resulted
in a $1.6 million savings because of the favorable market; and announced he would be
attending the League meeting.
City employee Tom Kerper shared concerns regarding changes in the transit and
parking departments, and thanked Council for their support of the system
Moved by Champion, seconded by O'Donnell, to adjourn at 8:25 p.m. The Mayor
declared the motion carried unanimously, 7/0, al Council fir, ~bers present,,
~~~ ~ ~ ~~
Marian K. Karr, City Clerk
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 - 8/25/08
Iowa City City Council special meeting 6:30 p.m. at City Hall, Mayor Bailey
presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell,
Wilburn, Wright. Absent: None.
Moved and seconded to adjourn to executive session to discuss strategy with
counsel in matters that are presently in litigation or where litigation is imminent where its
disclosure would be likely to prejudice or disadvantage the position of the governmental
body in that litigation; and to discuss the purchase of particular real estate only where
premature disclosure could be reasonably expected to increase the price the
government body would have to pay for that property. The minutes and the tape
recording of a closed session under this paragraph shall be available for public
examination when the transaction discussed is completed. The Mayor declared the
motion carried and adjourned into executive session 6:33 p.m.
Moved and seconded to adjourn special meeting 6:55 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. C-
s/Regenia D. Bailey, Mayor
s/Marian K. Karr, City Clerk
~ ~~ ~~
Submi ed for publication - 8/28/08.
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Date: August 25, 2008
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, August 25, 2008, 6:55 PM in Emma J. Harvat Hall
Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright
UISG: Gunn and Swedlund
Staff: Lombardo, Helling, Dilkes, Karr, O'Malley, Davidson, Kuecker, Trueblood, O'Brien
(A complete transcription is available in the City Clerk's Office)
PLANNING & ZONING ITEMS "b,c,d'
PCD Director Davidson presented information on the following items:
b) 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)
c) AUTHORIZING CONVEYANCE OF VACATED NORTHTOWNE PARKWAY RIGHT OF-
WAY LOCATED IN HIGHLANDER DEVELOPMENT, THIRD ADDITION TO SOUTHGATE
BP PROPERTIES.
d) AMENDING TITLE 15, LAND SUBDIVISIONS, BY REPEALING TITLE 15 IN ITS
ENTIRETY AND REPLACING IT WITH A NEW TITLE 15, LAND SUBDIVISIONS. (PASS
AND ADOPT)
COUNCIL APPOINTMENTS
Airport Zoning Brd of Adjustment - readvertise, no applicants
Airport Zoning Commission - readvertsie, no applicants
Housing & Community Development Commission -Mike McKay
Police Citizens Review Board -Janie Braverman and Abigail Yoder
Youth Advisory Commission -Patrick Daimitani
AGENDA ITEMS
1. (Agenda item # 18 -resolution awarding the vehicle towing and storage services ... to Big
10 University Towing ...) In response to Council Member O'Donnell, Asst. City Mgr. Helling
stated generally there is only one company that meets the specifications. Council Member
Hayek stated he would be abstaining due to a conflict.
Council Work Session
August 25, 2008
Page 2
2. (Agenda item # 6 - ... deciding the appeal ... decision of the Historic Preservation
Commission ... 803 E. College Street) PCD Director Davidson and Urban Planner Kuecker
present for discussion. Council Member Hayek requested information on the source of the
rule on majority vote prior to the hearing the next evening.
3. (Agenda items # 7 - # 11 - ... instituting proceeding ... $18,500,000 General Obligation
Capital Loan Notes.....$27,000,000 Sewer Revenue Refunding Capital Loan Notes ...
$10,300,000 Sewer Revenue Refunding Capital Loan Notes ... $8,000,000 Water Revenue
Refunding Capital Loan Notes ... $11,000,000 Water Revenue Refunding Capital Loan
Notes) Finance Director O'Malley present for discussion.
4. (Agenda item # 15 -resolution ... real estate contract ... Hawkeye Area Community Action
Program (HACAP) ... 1926 and 1946 Broadway ...) In response to questions from Council
Member Correia, City Manager Lombardo stated staff would be present at the formal
meeting to provide the information.
5. (Agenda item # 19 -resolution approving submission ... Hazard Mitigation Grant Program
benefits for the purpose of acquiring flooded properties) PCD Director Davidson present for
discussion. (continued later on the agenda)
FACILITIES MASTER PLAN [reference IP#2 of 8/21 info packet]
City Manager Lombardo and Asst. City Manager Helling presented information on proceeding
with a Facilities Master Plan, and preparation of an RFP soliciting firms and costs associated
with the project. Majority of Council agreed to proceed as outlined.
STAFF ACTION: Proceed with development of RFP. (Lombardo and Helling)
YEAR END FINANCIAL REPORT
Finance Director O'Malley and City Manager Lombardo presented information and distributed
two handouts:
• Budget to Actual Comparison for the Fiscal Year Ended June 30, 2008
• General Fund Balance History and Projection -Version August 25, 2008
METROPOLITAN COALITION/LEGISLATIVE PRIORITIES [reference IP#3 of 8/21 info packet]
Council Member Wilburn and Mayor Bailey reported on the Metropolitan Coalition meeting held
in Iowa City in July. Broad areas identified included:
o Flood related issues (avenues for funding or policies to stream line the process;
economic infrastructure)
o Alternative revenues
o Goal is to identify five or six specific pieces of legislation
Next meeting scheduled second week in September at the state League meeting
Council Work Session
August 25, 2008
Page 3
CITY DESIGNATED NO SMOKING AREAS [reference agenda item #16]
City Atty. Dilkes and Parks & Recreation Director Trueblood presented information on the
proposed ordinance. After discussion a majority of Council directed staff to make the following
changes in the ordinance prior to first reading:
1. allowing smoking in private vehicles in Municipal Parking Ramps
2. re Mercer Park -prohibit smoking around softball/baseball complex, and tennis courts,
and clarify intent was not to make entire park non-smoking
AGENDA ITEMS (continued from earlier on the agenda)
6. Continued discussion of # 5 above (Agenda item # 19 -resolution approving submission ...
Hazard Mitigation Grant Program benefits for the purpose of acquiring flooded properties)
In response to Council Member Hayek, Council agreed to highlight portions of the City Atty.
memo regarding subsequent owners of property not being eligible for the pre-flood market
value price buyout, and the issue related to duplication of benefits. The City Atty. noted the
City website would also be updated with the memo.
INFORMATION PACKET DISCUSSION
(IP5 of 8/21 packet - At A Glance newsletter) City Manager Lombardo requested feedback on
his communication and urged Council Members to let him know if information needs were not
being met. Council Members suggested the communication be incorporated into the City
website as well.
COUNCIL TIME
In response to Council Member Correia's questions on parking in the City Hall lot during
Farmers Markets and signage, Parks & Recreation Director Trueblood reported Parks &
Recreation is unable to store the temporary signs and easels or have the personnel to
ensure they are placed. City Manager Lombardo stated he was considering an expansion
of the Market. Council added the expansion of the Market discussion to their pending list,
and directed staff to explore better signage for parking needs this year.
2. In response to Mayor Bailey's concerns on alcohol advertisement, City Atty. Dilkes stated all
complaints are investigated, noting there are no price restriction in City ordinances, and a
letter sent to establishments,
3. In response to Council Member Wright, City Clerk Karr stated staff was researching a
technology plan for Council and would report back.
4. Mayor Bailey reported she had received two complimentary tickets to the Summer of the
Arts finale and acceptance would violate the gift law. She stated she asked the City Clerk to
return them and explain the gift law; and encouraged others who might have received them
to do the same or personally return them with the explanation of the law.
Council Work Session
August 25, 2008
Page 4
SCHEDULE OF PENDING DISCUSSION ITEMS
The following items were added to the pending list:
Farmers Market expansion
Litter/gum/cigarette butts downtown
UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS
Food Fest, August 27 (Taste of Iowa City)
Evaluations of City Council Appointees (City Clerk to schedule after calling each Member)
Untied Way Kickoff, September 3
DISCUSSION OF MEETING SCHEDULES
None
Meeting adjourned 8:35 PM.
4a 3
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 - 8/26/08
Iowa City City Council special 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 proclaimed Welcome Week -August 23-29, 2008, Tara Edberg, Assistant
Director Office of Student Life and Shannon Thomas accepting.
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: August 11, Special Council Work Session; August 11, 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): Planning
and Zoning Commission -July 14, 2008; Planning and Zoning Commission -July 17,
2008; Senior Center Commission -June 17, 2008; Board of Adjustment -July 9, 2008;
Historic Preservation Commission -July 24, 2008; Public Art Advisory Committee -
June 5, 2008; Housing and Community Development Commission -May 15, 2008;
Police Citizens Review Board -July 1, 2008.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Class C Liquor License for Takanami, 219 Iowa Avenue. Renewal: Class C
Liquor License for Blackstone, 503 Westbury Drive Suite 1; Deny Outdoor Service
Area for Blackstone, 503 Westbury Drive Suite 1 (Letter From Police Chief Hargadine
included in packet.); Special Class C Liquor License for T.Spoons, 301 E. Market St.;
Class C Liquor License for Chipotle Mexican Grill, 201 S. Clinton St. Suite 112;
Outdoor Service Area for Chipotle Mexican Grill, 201 S. Clinton St. Suite 112; Class C
Liquor License for Union Bar, 121 E College St.; Class C Beer Permit for Casey's
General Store #2761, 204 N. Dubuque St.; Class C Beer Permit for Casey's General
Store #2781, 1410 Willow Creek Dr.; Class C Beer Permit for Parth Mini Mart, 2153
ACT Circle; Class C Beer Permit for New Pioneer Co Op Fresh Food Market, Iowa
City, 22 S. Van Buren St.; Class C Liquor License for Atlas World Grill, Inc., 127 Iowa
Ave.; Class C Liquor License for Airliner Bar, 22 S Clinton St.; RES. 08-250, TO
ISSUE DANCING PERMIT for Union Bar, 121 E College St.
Motion: Approve disbursements in the amount of $20,986,382.09 for the period
of July 1 through July 31, 2008, as recommended by the Finance Director subject to
audit.
Public Hearings: RES. 08-251, SETTING A PUBLIC HEARING FOR
SEPTEMBER 9, 2008 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR REMOVAL OF FLOOD-RELATED SAND AND DEBRIS
FROM CITY PARK, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID
Official Actions
August 26, 2008
Page 2
HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON
FILE FOR PUBLIC INSPECTION.
Resolutions: RES. 08-252, RELEASING THE OBLIGATION TO INSTALL A
SIDEWALK ACROSS OUTLOT D, LINDEMANN SUBDIVISION, PART THREE,
IOWA CITY, IOWA; RES. 08-253, ACCEPTING THE WORK FOR THE 2008
DUBUQUE /CHURCH STREET RADIUS IMPROVEMENT PROJECT; Authorizing
the transfer of $568.19, which is the remainder of the $75,000 Iowa City Small
Business Flood Relief Assistance Program Funds, to the Chamber Small Business
Flood Relief Fund; RES. 08-254, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A
CONDITIONAL GRANT AGREEMENT FOR THE PROPERTY LOCATED AT 1153 -
1155 HOTZ AVENUE, IOWA CITY, IOWA; RES. 08-255, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN
REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY
LOCATED AT 304 DOUGLAS COURT, IOWA CITY, IOWA; RES. 08-256,
APPROVING THE CITY STREET FINANCIAL REPORT FOR THE FISCAL YEAR
ENDING JUNE 30, 2008.
Correspondence: JCCOG Traffic Engineering Planner regarding Removal of (1)
NO PARKING FIRE LANE sign and removal of (1) NO PARKING PASSENGER
LOADING ZONE 8 AM-5PM MON-FRI sign on the east side of the 200 block of
Johnson Street; JCCOG Traffic Engineering Planner regarding Installation of on-street
metered parking spaces and establishment of parking meter terms on the 800 block of
South Dubuque Street; JCCOG Traffic Engineering Planner regarding Installation of on-
street metered parking spaces and establishment of parking meter terms on the 10 and
100 block of Court Street and installation of a loading zone in front of 336 Court Street;
Melissa Bruns regarding Request from Evanston Big 10 City [staff response included];
Rod Sullivan regarding Street lighting; Molly Dennis regarding Floodwalls for the
University of Iowa [response from University staff included]; Martin Deane regarding
Iowa police instructions concerning auto insurance; Dennis Kowalski regarding New to
Iowa City.
The Mayor declared the motion carried.
A public hearing was held on an ordinance amending the conditional zoning
agreement to modify the concept site plan for approximately 25.16 -acres of property in the
Community Commercial (CC-2) Zone for Westport Plaza including Wal-Mart at 855, 911 &
1001 Highway 1 West (REZ08-00006). The following individuals appeared: Atty. Bob
Downer, representing Wal-Mart Stores, 122 S. Linn St.; Tom Carsner, 1627 College Ct.
Place; Mary Gravitt, 2714 Wayne; Libris Fidelis, Johnson County Green Party, PO Box
10099; Geoffrey Hacker, 2601 Lakeside; Jesse Case; Cynthia Michel; Maureen Michel; Bill
Fiordelise; Atty. Wally Taylor, representing Iowa City Stop Wal-Mart; Tom Reinier, 309
Moswood Lane; Matt Kearney; Gary Sanders, Chairman of Iowa City Stop Wal-Mart; Aaron
Elliott; and John Balmer, 10 Princeton Ct. Moved and seconded to accept correspondence
from Grazyna Kochanska. The Mayor declared the motion carried.
Moved and seconded that the ordinance amending the conditional zoning agreement
to modify the concept site plan for approximately 25.16 -acres of property in the Community
Commercial (CC-2) Zone for Westport Plaza including Wal-Mart at 855, 911 & 1001 Highway
Official Actions
August 26, 2008
Page 3
1 West (REZ08-00006), be given first vote. Wal-Mart representative Ryan Horn responded to
questions. 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 adopt RES. 08-257, APPROVING VACATION OF THE
NORTHTOWNE PARKWAY RIGHT-OF-WAY AND PARTIAL RELEASE OF PUBLIC
ACCESS EASEMENT WITHIN HIGHLANDER DEVELOPMENT, THIRD ADDITION, IOWA
CITY, IOWA.
A public hearing was held on a resolution authorizing conveyance of vacated
Northtowne Parkway right-of-way located in Highlander Development, Third Addition to
Southgate BP Properties.
Moved and seconded to adopt RES. 08-258, AUTHORIZING CONVEYANCE OF
VACATED NORTHTOWNE PARKWAY RIGHT-OF-WAY LOCATED IN HIGHLANDER
DEVELOPMENT, THIRD ADDITION TO SOUTHGATE BP PROPERTIES.
Moved and seconded that ORD. 08-4313, AMENDING TITLE 15, LAND
SUBDIVISIONS, BY REPEALING TITLE 15 IN ITS ENTIRETY AND REPLACING IT WITH A
NEW TITLE 15, LAND SUBDIVISIONS, be passed and adopted.
A public hearing was held deciding the appeal to City Council of the decision of the
Historic Preservation Commission regarding the Certificate of Appropriateness to alter the
roof slope when removing the built in gutters on the building located at 803 E. College Street.
The following individuals appeared: Historic Preservation Chairperson Lindsay Bunting
Eubanks and Historic Preservation Commission Member Jim Ponto.
Moved and seconded affirming the decision of the Historic Preservation Commission
Decision regarding the Certificate of Appropriateness to alter the roof slope when removing
the built in gutters on the building located at 803 E. College Street. The Mayor declared the
motion carried.
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization of a loan agreement and the issuance of not to exceed
$18,500,000 General Obligation Refunding Capital Loan Notes, Series 20086.
Moved and seconded to adopt RES. 08-259, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND
THE ISSUANCE OF NOT TO EXCEED $18,500,000 GENERAL OBLIGATION REFUNDING
CAPITAL LOAN NOTES, SERIES 20086.
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization of a loan agreement and the issuance of not to exceed
$27,000,000 Sewer Revenue Refunding Capital Loan Notes, Series 2008C.
Moved and seconded to adopt RES. 08-260, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND
THE ISSUANCE OF NOT TO EXCEED $27,000,000 SEWER REVENUE REFUNDING
CAPITAL LOAN NOTES, SERIES 2008C.
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization of a loan agreement and the issuance of not to exceed
$10,300,000 Sewer Revenue Refunding Capital Loan Notes.
Official Actions
August 26, 2008
Page 4
Moved and seconded to adopt RES. 08-261, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND
THE ISSUANCE OF NOT TO EXCEED $10,300,000 SEWER REVENUE REFUNDING
CAPITAL LOAN NOTES.
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization of a loan agreement and the issuance of not to exceed
$8,000,000 Water Revenue Refunding Capital Loan Notes, Series 2008D.
Moved and seconded to adopt RES. 08-262, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND
THE ISSUANCE OF NOT TO EXCEED $8,000,000 WATER REVENUE REFUNDING
CAPITAL LOAN NOTES, SERIES 2008D.
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization of a loan agreement and the issuance of not to exceed
$11,000,000 Water Revenue Refunding Capital Loan Notes.
Moved and seconded to adopt RES. 08-263, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND
THE ISSUANCE OF NOT TO EXCEED $11,000,000 WATER REVENUE REFUNDING
CAPITAL LOAN NOTES.
A public hearing was held on a resolution authorizing conveyance of an easement to
MidAmerican Energy for utility lines and a switchbox.
Moved and seconded to adopt RES. 08-264, AUTHORIZING CONVEYANCE OF AN
EASEMENT TO MIDAMERICAN ENERGY FOR UTILITY LINES AND A SWITCHBOX.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the Water Treatment Plant Automatic
Source Transfer 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. 08-265, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE WATER TREATMENT PLANT AUTOMATIC SOURCE
TRANSFER 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 public hearing was held on a resolution approving plans, specifications, form of
contract and estimate of cost for the construction of the Waterworks Prairie Park Fishing Pier
Project, establishing amount of bid security, directing City Clerk to publish advertisement for
bids and fixing time and place for receipt of bids.
Moved and seconded to adopt RES. 08-266, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE WATERWORKS PRAIRIE PARK FISHING PIER PROJECT,
ESTABLISHING AMOUNT OF BID SECURITY, DIRECTING CITY CLERK TO PUBLISH
ADVERTISEMENT FOR BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
A public hearing was held on a resolution authorizing amending the real estate
contract executed on November 21, 1995 with Hawkeye Area Community Action Program
(HACAP) for the sale of 1926 and 1946 Broadway, also described as Lot 2 of Block 2,
Braverman Center, Iowa City, Iowa.
Official Actions
August 26, 2008
Page 5
Moved and seconded to adopt RES. 08-267, AUTHORIZING AMENDING THE REAL
ESTATE CONTRACT EXECUTED ON NOVEMBER 21, 1995 WITH HAWKEYE AREA
COMMUNITY ACTION PROGRAM (HACAP) FOR THE SALE OF 1926 AND 1946
BROADWAY, ALSO DESCRIBED AS LOT 2 OF BLOCK 2, BRAVERMAN CENTER, IOWA
CITY, IOWA. AI Axeen present for discussion.
Moved and seconded that the ordinance amending Title 6, entitled "Public Health and
Safety," to declare additional areas as nonsmoking places and Title 3, entitled "City Finances,
Taxation and Fees," to increase the fine for littering in City Plaza, be given first vote. The
Mayor declared the motion carried.
Moved and seconded that the ordinance amending Title 17 of the City Code, entitled
"Building and Housing," Chapter 5, entitled, "Housing Code," to make the definitions and
other provisions consistent with the zoning code and building related codes and to increase
the safety of owner occupied and rental housing, be given first vote. The Mayor declared the
motion carried. Moved and seconded to accept correspondence from Jean Walker, Jesse
Singerman, Marianne Mason, Marshall Poe. The Mayor declared the motion carried.
Council Member Hayek left the room due to a conflict of interest. Moved and
seconded to adopt RES. 08-268, AWARDING THE VEHICLE TOWING AND STORAGE
SERVICES CONTRACT TO BIG 10 UNIVERSITY TOWING, INC. Council Member Hayek
returned to the meeting.
Moved and seconded to adopt RES. 08-269, APPROVING SUBMISSION TO THE
STATE OF IOWA A NOTICE OF INTEREST IN APPLYING FOR HAZARD MITIGATION
GRANT PROGRAM BENEFITS FOR THE PURPOSE OF ACQUIRING FLOODED
PROPERTIES. Moved and seconded to accept correspondence from Mary Wallace. The
Mayor declared the motion carried.
Moved and seconded to grant a 30-day extension to the Police Citizens Review Board
for the filing of the public report with the City Council on Complaint #08-04. The Mayor
declared the motion carried.
Moved and seconded to adopt RES. 08-270, RATIFYING THE SETTLEMENT OF
PENDING LITIGATION.
Moved and seconded to adopt RES. 08-271, AMENDING THE SETTLEMENT OF
PENDING LITIGATION.
The Mayor announced the current vacancy on Youth Advisory Commission to fill an
unexpired plus a two year term, effective upon appointment, ending December 31, 2010.
Applications must be received by 5:00 p.m., Wednesday, October 1, 2008. See
correspondence included in Council packet. Moved and seconded to accept correspondence
from Lin Weeks. The Mayor declared the motion carried.
The Mayor noted the previously announced vacancy on Board of Adjustment to fill an
unexpired term, effective upon appointment -January 1, 2011. Applications must be
received by 5:00 p.m., Wednesday, September 17, 2008.
Moved and seconded to appoint Michael McKay, 1105 Keokuk Street, to the Housing
& Community Development Commission to fill a three-year term September 1, 2008 -
September 1, 2011; appoint Jane Braverman, 55 Redbud Place, and Abigail Yoder, 1528
McKinley Place, to the Police Citizens Review Board for two vacancies to fill four-year terms
September 1, 2008 -September 1, 2012; appoint Patrick Diamitani, 2541 Clearwater Court,
to the Youth Advisory Commission to fill a two year term January 1, 2008 -December 31,
Official Actions
August 26, 2008
Page 6
2009 for One (1) person -Age 18 to 21 on the date of filing. The Mayor declared the motion
carried.
The Mayor noted no applications were received for the vacancies on the Airport
Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus afive-
yearterm ending December 31, 2011 and Airport Zoning Commission to fill asix-year term
January 1, 2006 -December 31, 2011, and will be readvertised. [Staff will not publish
additional notices after a period of six publications; but will continue to advertise vacancies
with postings and on the Council agenda. However, no additional publication costs will be
incurred.]
Moved and seconded to adjourn at 9:25 p.m. The Mayor declared the motion carried.
A more complete description of Council activities and disbursements is on file in the
office of the City Clerk and Finance epartm ~t.
s/Regenia D. Bailey, Mayor ,~,
s/Marian K. Karr, Cit ler
9
~~
Submit d o publication - 9/3/08.
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
AUGUST 25, 2008
Iowa City City Council special meeting 6:30 p.m. at City Hall, Mayor Bailey
presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell,
Wilburn, Wright. Absent: None. Staff members present: Davidson, Lombardo, Dilkes,
Karr, O'Brien.
Moved by Champion, seconded by Wright, to adjourn to executive session to
discuss strategy with counsel in matters that are presently in litigation or where litigation
is imminent where its disclosure would be likely to prejudice or disadvantage the
position of the governmental body in that litigation; and to discuss the purchase of
particular real estate only where premature disclosure could be reasonably expected to
increase the price the government body would have to pay for that property. The
minutes and the tape recording of a closed session under this paragraph shall be
available for public examination when the transaction discussed is completed.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the motion carried and adjourned into executive session 6:33 p.m.
Council returned to open session 6:53 p.m.
Moved by Wright, seconded by Hayek, to adjourn special meeting 6:55 p.m. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Regenia D. Bailey, Mayor
Marian K. Karr, City Clerk
* Revised 9/5/08
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
AUGUST 26, 2008
Iowa City City Council special 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, Davidson, Kuecker,
Trueblood, Cate, Boothroy, O'Malley, Fosse.
The Mayor proclaimed Welcome Week -August 23-29, 2008, Tara Edberg, Assistant
Director Office of Student Life and Shannon Thomas accepting.
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: August 11, Special Council Work Session; August 11, 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): Planning
and Zoning Commission -July 14, 2008; Planning and Zoning Commission -July 17,
2008; Senior Center Commission -June 17, 2008; Board of Adjustment -July 9, 2008;
Historic Preservation Commission -July 24, 2008; Public Art Advisory Committee -
June 5, 2008; Housing and Community Development Commission -May 15, 2008;
Police Citizens Review Board -July 1, 2008.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Class C Liquor License for Etre Restaurant Group, LLC, dba Takanami, 219
Iowa Avenue. Renewal: Class C Liquor License for Jaxco, LLC, dba Blackstone, 503
Westbury Drive Suite 1; Deny Outdoor Service Area for Jaxco, LLC, dba Blackstone,
503 Westbury Drive Suite 1 (Letter From Police Chief Hargadine included in packet.);
Special Class C Liquor License for J.J.G., LLC, dba T.Spoons, 301 E. Market St.;
Class C Liquor License for Chipotle Mexican Grill Inc. of Colorado dba Chipotle
Mexican Grill, 201 S. Clinton St. Suite 112; Outdoor Service Area for Chipotle Mexican
Grill Inc. of Colorado dba Chipotle Mexican Grill, 201 S. Clinton St. Suite 112; Class C
Liquor License for Cream, LLC. dba Union Bar, 121 E College St.; Class C Beer
Permit for Casey's Marketing Company dba Casey's General Store #2761, 204 N.
Dubuque St.; Class C Beer Permit for Casey's Marketing Company dba Casey's
General Store #2781, 1410 Willow Creek Dr.; Class C Beer Permit for Parth Mini Mart,
Inc., dba Parth Mini Mart, 2153 ACT Circle; Class C Beer Permit for New Pioneer
Cooperative Society dba New Pioneer Co Op Fresh Food Market, Iowa City, 22 S.
Van Buren St.; Class C Liquor License for Atlas World Grill, Inc., dba Atlas World Grill,
Inc., 127 Iowa Ave.; Class C Liquor License for Hall Place Ventures, Corp. dba Airliner
Bar, 22 S Clinton St.; RES. 08-250, TO ISSUE DANCING PERMIT for Cream, LLC.
dba Union Bar, 121 E College St.
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
AUGUST 26, 2008
Iowa City C Council special meeting 7:00 p.m. at City Hal . Mayor Bailey presiding.
Council Members p sent: Bailey, Champion, Correia, Hayek, O' onnell, Wilburn, Wright.
Absent: None. Staff tubers present: Lombardo, Helling, Dike ,Karr, Davidson, Kuecker,
Trueblood, Cate, Booth y, O'Malley, Fosse.
The Mayor proclai ed Welcome Week -August 23-29 008, Tara Edberg, Assistant
Director Office of Student Li and Shannon Thomas accept' g.
Moved by Champion, conded by Wright, that the f Ilowing items and
recommendations in the Conse t Calendar be received, approved and/or adopted as
presented:
Approval of Council tions, subject to c rections, as recommended by the
City Clerk: August 11, Specia Council Work S ssion; August 11, Special Council
Formal Official and Complete.
Receive and File Minutes Boards d Commissions (any recommendations
contained in minutes become effec 've onl upon separate Council action): Planning
and Zoning Commission -July 14, 2 8; tanning and Zoning Commission -July 17,
2008; Senior Center Commission -Jun 17, 2008; Board of Adjustment -July 9, 2008;
Historic Preservation Commission - J y 4, 2008; Public Art Advisory Committee -
June 5, 2008; Housing and Commu ' y De elopment Commission -May 15, 2008;
Police Citizens Review Board -Jul 1, 2008.
Permit Motions and Resol ions as Re mmended by the City Clerk.
New: Class C Liquor License fo Etre Restaura t Group, LLC, dba Takanami, 219
Iowa Avenue. Renewal: Class Liquor License r Jaxco, LLC, dba Blackstone, 503
Westbury Drive Suite 1; Deny Outdoor Service Are for Jaxco, LLC, dba Blackstone,
503 Westbury Drive Suite 1 etter From Police Chie Hargadine included in packet.);
Special Class C Liquor Lic nse for J.J.G., LLC, dba T. poons, 301 E. Market St.;
Class C Liquor License fo Chipotle Mexican Grill Inc. o olorado dba Chipotle
Mexican Grill, 201 S. Cli ton St. Suite 112; Outdoor Servi Area for Chipotle Mexican
Grill Inc. of Colorado d Chipotle Mexican Grill, 201 S. Cli on St. Suite 112; Class C
Liquor License for Cre m, LLC. dba Union Bar, 121 E Colleg St.; Class C Beer
Permit for Casey's M rketing Company dba Casey's General tore #2761, 204 N.
Dubuque St.; Class Beer Permit for Casey's Marketing Comp ny dba Casey's
General Store #27 1, 1410 Willow Creek Dr.; Class C Beer Perm' for Parth Mini Mart,
Inc., dba Parth Mi i Mart, 2153 ACT Circle; Class C Beer Permit fo New Pioneer
Cooperative So ety dba New Pioneer Co Op Fresh Food Market, to a City, 22 S.
Van Buren St.; lass C Liquor License for Atlas World Grill, Inc., dba tlas World Grill,
Inc., 127 low Ave.; Class C Liquor License for Hall Place Ventures, Corp. dba Airliner
Bar, 22 S CI' ton St.; RES. 08-250, TO ISSUE DANCING PERMIT for Cream, LLC.
dba Union ar, 121 E College St.
Complete Description
August 26, 2008
Page 2
Motion: Approve disbursements in the amount of $20,986,382.09 for the period
of July 1 through July 31, 2008, as recommended by the Finance Director subject to
audit.
Public Hearings: RES. 08-251, SETTING A PUBLIC HEARING FOR
SEPTEMBER 9, 2008 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR REMOVAL OF FLOOD-RELATED SAND AND DEBRIS
FROM CITY PARK, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID
HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON
FILE FOR PUBLIC INSPECTION.
Resolutions: RES. 08-252, RELEASING THE OBLIGATION TO INSTALL A
SIDEWALK ACROSS OUTLOT D, LINDEMANN SUBDIVISION, PART THREE,
IOWA CITY, IOWA; RES. 08-253, ACCEPTING THE WORK FOR THE 2008
DUBUQUE /CHURCH STREET RADIUS IMPROVEMENT PROJECT; Authorizing
the transfer of $568.19, which is the remainder of the $75,000 Iowa City Small
Business Flood Relief Assistance Program Funds, to the Chamber Small Business
Flood Relief Fund; RES. 08-254, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A
CONDITIONAL GRANT AGREEMENT FOR THE PROPERTY LOCATED AT 1153 -
1155 HOTZ AVENUE, IOWA CITY, IOWA; RES. 08-255, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN
REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY
LOCATED AT 304 DOUGLAS COURT, IOWA CITY, IOWA; RES. 08-256,
APPROVING THE CITY STREET FINANCIAL REPORT FOR THE FISCAL YEAR
ENDING JUNE 30, 2008.
Correspondence: JCCOG Traffic Engineering Planner regarding Removal of (1)
NO PARKING FIRE LANE sign and removal of (1) NO PARKING PASSENGER
LOADING ZONE 8 AM-5PM MON-FRI sign on the east side of the 200 block of
Johnson Street; JCCOG Traffic Engineering Planner regarding Installation of on-street
metered parking spaces and establishment of parking meter terms on the 800 block of
South Dubuque Street; JCCOG Traffic Engineering Planner regarding Installation of on-
street metered parking spaces and establishment of parking meter terms on the 10 and
100 block of Court Street and installation of a loading zone in front of 336 Court Street;
Melissa Bruns regarding Request from Evanston Big 10 City [staff response included];
Rod Sullivan regarding Street lighting; Molly Dennis regarding Floodwalls for the
University of Iowa [response from University staff included]; Martin Deane regarding
Iowa police instructions concerning auto insurance; Dennis Kowalski regarding New to
Iowa City.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
motion carried.
A public hearing was held on an ordinance amending the conditional zoning
agreement to modify the concept site plan for approximately 25.16 -acres of property in the
Community Commercial (CC-2) Zone for Westport Plaza including Wal-Mart at 855, 911 &
1001 Highway 1 West (REZ08-00006). PCD Director Davidson present for discussion. The
Mayor requested Council Members disclose ex parte communications, and individuals
Council Members shared information. The following individuals appeared: Atty. Bob Downer,
Complete Description
August 26, 2008
Page 3
representing Wal-Mart Stores, 122 S. Linn St.; Tom Carsner, 1627 College Ct. Place; Mary
Gravitt, 2714 Wayne; Libris Fidelis, Johnson County Green Party, PO Box 10099; Geoffrey
Hacker, 2601 Lakeside; Jesse Case; Cynthia Michel; Maureen Michel; Bill Fiordelise; Atty.
Wally Taylor, representing Iowa City Stop Wal-Mart; Tom Reinier, 309 Moswood Lane; Matt
Kearney; Gary Sanders, Chairman of Iowa City Stop Wal-Mart; Aaron Elliott; and John
Balmer, 10 Princeton Ct. Moved by Wilburn, seconded by Correia, to accept correspondence
from Grazyna Kochanska. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
Moved by O'Donnell, seconded by Hayek, that the ordinance amending the conditional
zoning agreement to modify the concept site plan for approximately 25.16 -acres of property
in the Community Commercial (CC-2) Zone for Westport Plaza including Wal-Mart at 855,
911 & 1001 Highway 1 West (REZ08-00006), be given first vote. Individual Council Members
expressed their views. Wal-Mart representative Ryan Horn responded to questions. The
Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes:
Champion, Correia, Hayek, O'Donnell, Wilburn, Bailey. Nays: Wright. Absent: None.
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). No one appeared.
Moved by Hayek, seconded by Correia, to adopt RES. 08-257, APPROVING
VACATION OF THE NORTHTOWNE PARKWAY RIGHT-OF-WAY AND PARTIAL RELEASE
OF PUBLIC ACCESS EASEMENT WITHIN HIGHLANDER DEVELOPMENT, THIRD
ADDITION, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
A public hearing was held on a resolution authorizing conveyance of vacated
Northtowne Parkway right-of-way located in Highlander Development, Third Addition to
Southgate BP Properties. No one appeared.
Moved by Wright, seconded by Champion, to adopt RES. 08-258, AUTHORIZING
CONVEYANCE OF VACATED NORTHTOWNE PARKWAY RIGHT-OF-WAY LOCATED IN
HIGHLANDER DEVELOPMENT, THIRD ADDITION TO SOUTHGATE BP PROPERTIES.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution adopted.
Moved by Wilburn, seconded by O'Donnell, that ORD. 08-4313, AMENDING TITLE
15, LAND SUBDIVISIONS, BY REPEALING TITLE 15 IN ITS ENTIRETY AND REPLACING
IT WITH A NEW TITLE 15, LAND SUBDIVISIONS, be passed and adopted. Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance
adopted.
A public hearing was held deciding the appeal to City Council of the decision of the
Historic Preservation Commission regarding the Certificate of Appropriateness to alter the
roof slope when removing the built in gutters on the building located at 803 E. College Street.
Urban Planner Kuecker present for discussion. The following individuals appeared: Historic
Preservation Chairperson Lindsay Bunting Eubanks and Historic Preservation Commission
Member Jim Ponto.
Moved by Champion, seconded by Wright, affirming the decision of the Historic
Preservation Commission Decision regarding the Certificate of Appropriateness to alter the
roof slope when removing the built in gutters on the building located at 803 E. College Street.
Complete Description
August 26, 2008
Page 4
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 instituting proceedings to take additional
action for the authorization of a loan agreement and the issuance of not to exceed
$18,500,000 General Obligation Refunding Capital Loan Notes, Series 20086. Finance
Director O'Malley present for discussion.
Moved by Wilburn, seconded by O'Donnell, to adopt RES. 08-259, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN
AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $18,500,000 GENERAL
OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 20086. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization of a loan agreement and the issuance of not to exceed
$27,000,000 Sewer Revenue Refunding Capital Loan Notes, Series 2008C. No one
appeared.
Moved by Wilburn, seconded by Wright, to adopt RES. 08-260, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN
AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $27,000,000 SEWER REVENUE
REFUNDING CAPITAL LOAN NOTES, SERIES 2008C. Affirmative roll call vote unanimous,
7/0, all Council Members present. The Mayor declared the resolution adopted.
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization of a loan agreement and the issuance of not to exceed
$10,300,000 Sewer Revenue Refunding Capital Loan Notes. No one appeared.
Moved by Wilburn, seconded by Champion, to adopt RES. 08-261, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN
AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $10,300,000 SEWER REVENUE
REFUNDING CAPITAL LOAN NOTES. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization of a loan agreement and the issuance of not to exceed
$8,000,000 Water Revenue Refunding Capital Loan Notes, Series 2008D. No one appeared.
Moved by Hayek, seconded by Correia, to adopt RES. 08-262, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN
AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $8,000,000 WATER REVENUE
REFUNDING CAPITAL LOAN NOTES, SERIES 2008D. Affirmative roll call vote unanimous,
7/0, all Council Members present. The Mayor declared the resolution adopted.
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization of a loan agreement and the issuance of not to exceed
$11,000,000 Water Revenue Refunding Capital Loan Notes. No one appeared.
Moved by O'Donnell, seconded by Wright, to adopt RES. 08-263, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN
AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $11,000,000 WATER REVENUE
REFUNDING CAPITAL LOAN NOTES. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
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August 26, 2008
Page 5
A public hearing was held on a resolution authorizing conveyance of an easement to
MidAmerican Energy for utility lines and a switchbox. No one appeared.
Moved by Wright, seconded by O'Donnell, to adopt RES. 08-264, AUTHORIZING
CONVEYANCE OF AN EASEMENT TO MIDAMERICAN ENERGY FOR UTILITY LINES
AND A SWITCHBOX. City Atty. Dilkes noted minor changes to the easement. Affirmative roll
call vote 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 Water Treatment Plant Automatic
Source Transfer 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 Champion, seconded by O'Donnell, to adopt RES. 08-265, APPROVING
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE WATER TREATMENT PLANT AUTOMATIC SOURCE
TRANSFER 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 public hearing was held on a resolution approving plans, specifications, form of
contract and estimate of cost for the construction of the Waterworks Prairie Park Fishing Pier
Project, establishing amount of bid security, directing City Clerk to publish advertisement for
bids and fixing time and place for receipt of bids. No one appeared.
Moved by Wright, seconded by Correia, to adopt RES. 08-266, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE WATERWORKS PRAIRIE PARK FISHING PIER PROJECT,
ESTABLISHING AMOUNT OF BID SECURITY, DIRECTING CITY CLERK TO PUBLISH
ADVERTISEMENT FOR BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
Parks & Recreation Director Trueblood present for discussion. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
A public hearing was held on a resolution authorizing amending the real estate
contract executed on November 21, 1995 with Hawkeye Area Community Action Program
(HACAP) for the sale of 1926 and 1946 Broadway, also described as Lot 2 of Block 2,
Braverman Center, Iowa City, Iowa. No one appeared.
Moved by O'Donnell, seconded by Champion, to adopt RES. 08-267, AUTHORIZING
AMENDING THE REAL ESTATE CONTRACT EXECUTED ON NOVEMBER 21, 1995 WITH
HAWKEYE AREA COMMUNITY ACTION PROGRAM (HACAP) FOR THE SALE OF 1926
AND 1946 BROADWAY, ALSO DESCRIBED AS LOT 2 OF BLOCK 2, BRAVERMAN
CENTER, IOWA CITY, IOWA. AI Axeen and Housing & Inspection Services Director
Boothroy 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 Correia, that the ordinance amending Title 6, entitled
"Public Health and Safety," to declare additional areas as nonsmoking places and Title 3,
entitled "City Finances, Taxation and Fees," to increase the fine for littering in City Plaza, be
Complete Description
August 26, 2008
Page 6
given first vote. Individual Council Members expressed their views. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the motion carried.
Moved by Champion, seconded by Wright, that the ordinance amending Title 17 of the
City Code, entitled "Building and Housing," Chapter 5, entitled, "Housing Code," to make the
definitions and other provisions consistent with the zoning code and building related codes
and to increase the safety of owner occupied and rental housing, be given first vote. Senior
Building Inspector Cate present for discussion. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the motion carried. Moved by Hayek,
seconded by Champion, to accept correspondence from Jean Walker, Jesse Singerman,
Marianne Mason, Marshall Poe. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
Council Member Hayek left the room due to a conflict of interest. Moved by
Champion, seconded by Correia, to adopt RES. 08-268, AWARDING THE VEHICLE
TOWING AND STORAGE SERVICES CONTRACT TO BIG 10 UNIVERSITY TOWING, INC.
Affirmative roll call vote unanimous, 6/0, Hayek abstaining. The Mayor declared the resolution
adopted. Council Member Hayek returned to the meeting.
Moved by Wilburn, seconded by O'Donnell, to adopt RES. 08-269, APPROVING
SUBMISSION TO THE STATE OF IOWA A NOTICE OF INTEREST IN APPLYING FOR
HAZARD MITIGATION GRANT PROGRAM BENEFITS FOR THE PURPOSE OF
ACQUIRING FLOODED PROPERTIES. Individual Council Members expressed their views.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution adopted. Moved by Wright, seconded by Wilburn, to accept correspondence from
Mary Wallace. The Mayor declared the motion carried unanimously, 7/0, all Council Members
present.
Moved by Wilburn, seconded by O'Donnell, to grant a 30-day extension to the Police
Citizens Review Board for the filing of the public report with the City Council on Complaint
#08-04. The Mayor declared the motion carried unanimously, 7/0, all Council Members
present.
Moved by Wilburn, seconded by O'Donnell, to adopt RES. 08-270, RATIFYING THE
SETTLEMENT OF PENDING LITIGATION, for Clarence Funk. 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. 08-271, AMENDING THE
SETTLEMENT OF PENDING LITIGATION, for Loren Jones. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
The Mayor announced the current vacancy on Youth Advisory Commission to fill an
unexpired plus a two year term, effective upon appointment, ending December 31, 2010.
Applications must be received by 5:00 p.m., Wednesday, October 1, 2008. See
correspondence included in Council packet. Moved by Correia, seconded by Wright, to
accept correspondence from Lin Weeks. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
The Mayor noted the previously announced vacancy on Board of Adjustment to fill an
unexpired term, effective upon appointment -January 1, 2011. Applications must be
received by 5:00 p.m., Wednesday, September 17, 2008.
Moved by Correia, seconded by Wright, to appoint Michael McKay, 1105 Keokuk
Street, to the Housing & Community Development Commission to fill athree-year term
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August 26, 2008
Page 7
September 1, 2008 -September 1, 2011; appoint Jane Braverman, 55 Redbud Place, and
Abigail Yoder, 1528 McKinley Place, to the Police Citizens Review Board for two vacancies to
fill four-year terms September 1, 2008 -September 1, 2012; appoint Patrick Diamitani, 2541
Clearwater Court, to the Youth Advisory Commission to fill a two year term January 1, 2008 -
December 31, 2009 for One (1) person -Age 18 to 21 on the date of filing. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
The Mayor noted no applications were received for the vacancies on the Airport
Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus afive-
yearterm ending December 31, 2011 and Airport Zoning Commission to fill asix-year term
January 1, 2006 -December 31, 2011, and will be readvertised. [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.]
Janet Trimble, 103 Taft Speedway, appeared regarding a timeframe for buyout of
flooded properties. The City Manager responded to questions, and the City Attorney stated
she would mail her information. Marc Linder appeared regarding the Smoke Free Air Act.
And City non-compliance.
Council Member Correia congratulated Iowa Citian Henri Harper on his daughter's
accomplishment winning the 100-meter hurdle at the Beijing Olympics.
Council Member Wright welcomed back everyone to Iowa City and his hope for a
wonderful semester.
Mayor Bailey encouraged everyone to participate in the Welcome Week activities; and
noted Women's Equality Day on August 26.
Moved by O'Donnell, seconded by Hayek, to adjourn at 9:25 p.m. The Mayor declared
the motion carried unanimously, 7/0, all Council Members present.
Regenia D. Bailey, Mayor
Marian K. Karr, City Clerk