HomeMy WebLinkAbout2008-10-06 Council minutes5a 4
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
OCTOBER 6, 2008
Iowa City City Council special meeting 7:15 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, Smith, Knoche,
Long, Boothroy, Hightshoe, Davidson, Dulek, Vanatter, Ford, Fosse, O'Malley.
The Mayor presented the Outstanding Student Citizenship Awards to Roosevelt
Elementary students: Jessie Harder, Layla Siddig.
The Mayor proclaimed: Community Mental Health Month -October 2008; White Cane
Safety Day -October 15, 2008, Patti Westphal, Old Capital Chapter National Federation of
the Blind accepting.
Moved by Wilburn, seconded by O'Donnell, to consider Item No. 9 at this time. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Champion, seconded by Correia, to adopt RES. 08-295, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AGREEMENTS WITH THE
STATE FOR JUMPSTART IOWA HOUSING ASSISTANCE AND SMALL BUSINESS
ASSISTANCE PROGRAMS. The following individuals appeared: Charlie Eastham, 37
Colwyn Ct.; Mike Crawford, 54 Pentire Circle; Marc Linder, Steve McGuire, 825 Eastmoor
Dr.; Mary Stein, 48 Pentire Circle; and Morris Dailey, Normandy Dr. Community Development
Coordinator Long, PCD Director Davidson, and Economic Development Coordinator Ford
present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the resolufron adopted. Moved by Wilburn, seconded by Correia, to
accept correspondence from Susan Riedl, Jo Cunningham, Martha Monick, Ivan Hall (3), and
Michael Crawford. (Council returned to Item no. 4 on the agenda.)
Moved by Champion, seconded by Wilburn, 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: September 22, Special Council Formal Official and Complete; September
22, Special Council Work Session; September 23, Special Council Formal Official and
Complete; September 23, 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): Housing
and Community Development Commission -August 21, 2008; Library Board of Trustees
-August 28, 2008; Parks and Recreation Commission -August 13, 2008;
Telecommunications Commission -August 25, 2008; Human Rights Commission -
August 26, 2008; Planning and Zoning Commission -September 4, 2008; Civil Service
Commission -September 16, 2008.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Class E Liquor License for Sauce, Inc., dba Sauce, 108 E. College St.
Renewal: Class C Beer Permit for HWZ, LLC, dba RJ'Z Express, 2 Escort Ln.;
Class C Liquor License for Hilltop Tavern, Ltd., dba Hilltop Lounge, 1100 N. Dodge St.;
Complete Description
October 6, 2008
Page 2
Special Class C Liquor License for, David Zaghloul dba Cafe Z, 1705 S First Avenue
Suite A; Class C Liquor License for Caffrey, Inc., dba DC'S, 124 S. Dubuque St.; Class
E Liquor License for Jason Caylor dba Liquor Downtown, 315 S. Gilbert St.; Class E
Liquor License for Los Portales Mexican Restaurant, Inc., dba Los Portales, 1402 S.
Gilbert St.
Resolutions: RES. 08-296, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO
MORTGAGES FOR THE PROPERTY LOCATED AT 985 LONGFELLOW COURT,
IOWA CITY, IOWA; RES. 08-297 AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO THE RESALE AND OCCUPANCY AGREEMENT
REGARDING THE PROPERTY LOCATED AT 985 LONGFELLOW COURT, IOWA
CITY, IOWA; RES. 08-298, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND
AN AMENDMENT TO MORTGAGE FOR THE PROPERTY LOCATED AT 1319
PRAIRIE DU CHIEN ROAD, IOWA CITY, IOWA; RES. 08-299, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS
REGARDING A MORTGAGE AND AN AMENDED MORTGAGE FOR THE
PROPERTY LOCATED AT 1705 FLATIRON DRIVE, IOWA CITY, IOWA.
Correspondence: Esther Drew regarding Snow Ordinance; Arvind Thakore
regarding Iowa Police Station; Garden at 523 Church St. letters from Tim Holman, Josh
Kaine, Judith Pascoe, Claire Sponsler [staff correspondence included]; Kelly Hepner
regarding Rent prices [staff response included]; Garry Klein regarding Iowa Policy
Project Report-Building Strong Foundations; Karen Kubby regarding discussion on
Affordable Housing.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
motion carried.
Jim Clayton, 119 E. College, appeared requesting a change in the agenda to allow an
opportunity for public comments prior to approval of liquor license renewals; and encouraged
attendance at a public forum sponsored by the Alcoholic Beverage Commission on nuisances
and problem liquor licenses at Davenport City Hall on October 8. Leah Cohen, 1638 Teg Dr.,
presented suggestions for downtown alcohol issues. Mary Gravitt appeared regarding housing
needs for senior citizens and accessibility issues at the Public Library.
Moved by O'Donnell, seconded by Hayek, to set a public hearing for October 21,
2008, to consider adoption of the Central District Plan as an element of the Comprehensive
plan. The Mayor declared the motion carried unanimously, 7/0, all Council Members present.
A public hearing was held on an ordinance amending Article 14-5B, Sign Regulations,
Article 14-9C, Sign Definitions, Section 14-4B-1, Minor Modifications, and Article 14-3C
Design Review, 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 rental properties. PCD Director Davidson presented information. The
following individuals appeared: Judith Pascoe, 317 Fairchild St, and coordinator for the
Northside Neighborhood Association; Mike McLaughlin, Coralville; and Sue Futrell, 311
Fairchild St. Individual Council Members expressed their views. Moved by Wright, seconded
by Correia, to accept correspondence from Carol Klaus, Perry Howell, Chris Vinsonhaler,
Kent and Kay Ackerson, James Ponto, Bonnie Penno, Hannah Hinckley, Claire Sponsler,
Complete Description
October 6, 2008
Page 3
Jesse Singerman, Rebecca Beachy, Susan Futrell, William Buss, Barbara Buss, George
Wagner (2), Jean Walker, Judy Sivertsen, Jane and Walter Kopsa, Julie Jones. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Correia, seconded by Champion, that the ordinance amending Article 14-
56, Sign Regulations, Article 14-9C, Sign Definitions, Section 14-4B-1, Minor Modifications,
and Article 14-3C Design Review, 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 rental properties, be given first vote. The Mayor asked
that Council share any ex parte communications, and none were reported. After discussion,
moved by Champion, to eliminate all permanently attached signs in RM-12, RM-20, RMS-20,
RM-44, and PRM zones. The Mayor declared the motion dead for lack of a second. Judith
Pascoe, 317 Fairchild St., appeared. Moved by Wright, seconded by Champion, to amend
the ordinance to prohibit permanently affixed residential leasing company signs in RM-12,
RM-20, RMS-20, RM-44, and PRM zones. After discussion, the motion to amend was
withdrawn by the mover and seconder. Moved by O'Donnell, seconded by Hayek, to defer
ordinance to October 21St. The Mayor declared the motion failed, 3/4, with the following
division of roll call vote. Ayes: O'Donnell, Hayek, Wilburn. Nays: Correia, Bailey, Wright,
Champion. Absent: None. Affirmative roll call vote on first consideration carried, 5/2, Hayek
and O'Donnell voting "no". The Mayor declared the original motion carried.
A public hearing was held 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) (University of Iowa
Credit Union). PCD Director Davidson present for discussion. The following individuals
appeared: Dick Noble, representing University of Iowa Credit Union, and Dwight Doberstein,
Neumann Monson.
Moved by Champion, seconded by O'Donnell, that the 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) (University of Iowa Credit Union), be given first vote. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the motion carried.
Moved by. O'Donnell, seconded by Wright, to adopt RES. 08-300, APPROVING THE
FINAL PLAT OF LYTHAM CONDOMINIUMS, IOWA CITY, IOWA (SUB08-00008). PCD
Director Davidson 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 approving and authorizing the Mayor to sign
and the City Clerk to attest an agreement for walkway improvements and future partial release
of pedestrian access easement on 210 South Dubuque Street, Iowa City, Iowa. Economic
Developer Ford present for discussion. The following individuals appeared: Thom Geshay,
Adam Valente, Ron Kim, and Mark French, representing the Sheraton; Jim Clayton, 119 E.
College St.; Bob Thompson, 1004 Church St.; and Rebecca Neades, representing the
Chamber of Commerce. Moved by Wilburn, seconded by Correia, to accept correspondence
from Feather Lacy. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
Moved by O'Donnell, seconded by Correia, to defer to October 21 a resolution
approving and authorizing the Mayor to sign and the City Clerk to attest an agreement for
Complete Description
October 6, 2008
Page 4
walkway improvements and future partial release of pedestrian access easement on 210 South
Dubuque Street, Iowa City, Iowa. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
Moved by Wright, seconded by Wilburn, that the ordinance amending Title 6, entitled
"Public Health and Safety," Chapter 10, entitled, "Smokefree Places," to correct the diagram
that illustrates where smoking is prohibited in City Plaza, be given first vote. Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion
carried.
Moved by Champion, seconded by Wright, to adopt RES. 08-301, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN
THE CITY OF IOWA CITY AND IOWA CITY COMMUNITY SCHOOL DISTRICT TO USE A
PORTION OF CITY STREETS AND PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION,
OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Moved by Correia, seconded by O'Donnell, to adopt RES. 08-302, AWARDING
CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A CONTRACT FOR CONSTRUCTION OF THE WATER TREATMENT PLANT
AUTOMATIC SOURCE TRANSFER PROJECT to Price Industrial Electric, Hiawatha, IA for
$126,200.00. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the resolution adopted.
Moved by Correia, seconded by Wilburn, to adopt RES. 08-303, SUPPORTING THE
DEVELOPMENT BY ANISTON VILLAGES LIMITED PARTNERSHIP BY COMMITTING TO
A LOAN OF $282,000 FUNDED BY ISSUANCE OF BONDS AND AUTHORIZING THE
MAYOR TO SIGN A LETTER OF SUPPORT TO FULFILL THE THRESHOLD
REQUIREMENTS OF THE LOW INCOME HOUSING TAX CREDIT APPLICATION. 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 O'Donnell, seconded by Hayek, to adopt RES. 08-304, AMENDING THE
BUDGETED POSITIONS IN THE FINANCE DEPARTMENT BY DELETING ONE FULL-
TIME PC DESKTOP ANALYST POSITION, PAYGRADE 27; DELETING ONE FULL-TIME
PC/COMMUNICATIONS TECHNICIAN POSITION (PAYGRADE 25); ADDING ONE FULL-
TIMESYSTEMS ENGINEER POSITION, PAYGRADE 28; AND ONE FULL-TIME VOICE
AND DATA NETWORK ANALYST POSITION, PAYGRADE 28. 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 Wright, seconded by Champion, to adopt RES. 08-305, AMENDING THE
AFSCME PAY PLAN BY RECLASSIFYING THE POSITION OF BODY REPAIR MECHANIC
FROM GRADE 10 TO GRADE 12. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Moved by O'Donnell, seconded by Hayek, to adopt RES. 08-306, UNCLASSIFIED
SALARY COMPENSATION FOR FISCAL YEAR 2009 FOR THE CITY ATTORNEY AND
CITY CLERK. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the resolution adopted.
Complete Description
October 6, 2008
Page 5
The Mayor noted the following vacancies received no applications and will be
readvertised: Airport Zoning Brd of Adjustment to fill an unexpired term, effective upon
appointment, plus afive-year term ending December 31, 2011; Airport Zoning Commission to
fill asix-year term 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,
One (1) person -Age 15 to 17 on the date of filing. Applicants MUST reside in Iowa City and
be 18 years of age unless specific qualifications are stated. [Staff will not publish additional
notices after a period of six publications; but will continue to advertise vacancies with
postings and on the Council agenda. However, no additional publication costs will be
incurred.]
The Mayor noted the previously announced vacancies to Boards and Commissions:
Youth Advisory Commission tofill an unexpired plus a two year term, effective upon
appointment, ending December 31, 2010, 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. Board of
Adjustment to fill afive-year term January 1, 2009 -January 1, 2014; Airport Zoning Brd of
Adjustment tofill afive-year term January 1, 2009 -December 31, 2013. Appeals, Board of
for two vacancies to fill five-year terms January 1, 2009 -December 31, 2013, one for a
Mechanical Professional; Human Rights Commission for three vacancies tofill three-year
terms January 1, 2009 -January 1, 2012.; Parks & Recreation Commission for two vacancies
to fill four-year terms January 1, 2009 -January 1, 2013; Public Art Advisory Committee for
two vacancies to fill three-year terms January 1, 2009 -January 1, 2012; Senior Center
Commission for two vacancies tofill three-year terms January 1, 2009 -January 1, 2011;
Youth Advisory Commission to fill atwo-year term, January 1, 2009 -December 31, 2010.
One (1) person -Age 18 to 21 on the date of filing. Applications must be received by 5:00
p.m., Wednesday, October 29, 2008.
Council Member Correia reminded everyone to attend the 25~' annual Human Rights
awards breakfast on October 23; and asked staff to follow up on accessibility issues raised by
Mary Gravitt during public discussion.
Mayor Bailey acknowledged the Council and department head retreat on October 4,
and thanked those participating; and noted the successful "Run For The Schools" event held
the same week-end.
Moved by O'Donnell, seconded by Wright, to adjourn at 10:05 p.m. The Mayor
declared the motion carried unanimously, 7/0, all Council embers prese
nia D. Bailey, M
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 - 9/22/08
Iowa City City Council special meeting 5:30 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 evaluate the professional competency of individuals whose
appointment, hiring, performance or discharge is being considered when necessary to
prevent needless and irreparable injury to that individuals' reputations and those
individuals requested a closed session. The Mayor declared the motion carried.
Moved and seconded to adjourn special meeting 7:00 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, Mayo~~
s/Marian K. Karr, City Clerk ~ ~~//,l~ldc
Sub~itted for publication - 9/
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 - 9/23/08
Iowa City City Council Special meeting 5:30 p.m. at City Hall. Mayor Bailey
presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell,
Wright. Absent: Wilburn.
Moved and seconded to adjourn to executive session to evaluate the
professional competency of individual whose appointment, hiring, performance or
discharge is being considered when necessary to prevent needless and irreparable
injury to that individual's reputation and that individual requested a closed session. The
Mayor declared the motion carried.
Moved and seconded to adjourn special meeting 6:35 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/Marian K. Karr, City Clerk
~~~tt~~ ,~`C ~~L2i
Submitted for publication - 9/24/08.
4a 4
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 9/23/08
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: Mental Illness Awareness Week -October 5, 2008, Peggy
Loveless Vice President Johnson County National Alliance on Mental Illness accepting.
A Key to the City was presented by Mayor Bailey to Olympic Gold Medalist Dawn
Harper.
Moved and seconded 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: August 20, Joint meeting, Special Council Work Session; September 9,
Special Council Work Session; September 9, 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): Public Art
Advisory Committee -August 7, 2008; Planning and Zoning Commission -August 21,
2008; Planning and Zoning Commission -August 18, 2008; Police Citizens Review
Board -August 19, 2008; Historic Preservation Commission -August 28, 2008; Board of
Adjustment -August 13, 2008; Airport Commission -August 14, 2008; Youth Advisory
Commission -July 8, 2008.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Class C Liquor License for Club Furria, 1550 S. First Avenue.
Renewal: Class C Beer Permit for Dan's Short Stop Corp., 2221 Rochester
Ave.; Class C Beer Permit for Hy-Vee Gas #1, 260 Stevens Dr.; Class C Liquor
License for Micky's Irish Pub, 11 S. Dubuque St.; Class C Liquor License for Joseph's
Steakhouse, 212 S. Clinton St.; Class C Liquor License for Bread Garden Market &
Bakery, 225 S. Linn Street; Class C Liquor License for Givanni's, 109 E. College St.;
Class C Liquor License for Saloon, 112 E. College St.; Class C Liquor License for
Brown Bottle, 115 E. Washington St.; Special Class C Liquor License for Masala, 9 S.
Dubuque St.; Class C Beer Permit for Kum & Go #51, 323 E. Burlington St.; Class C
Beer Permit for Kum & Go #52, 25 W. Burlington St.; Class C Beer Permit for Kum &
Go #53, 958 Mormon Trek Blvd.; Class C Beer Permit for Scott Boulevard Hawkeye
Convenience Store, 2875 Commerce Dr.; Class C Beer Permit for On the Go
Convenience Stores, Inc., 2315 Muscatine Ave.
Motions: Approve disbursements in the amount of $10,972,487.95 for the
period of August 1 through August 31, 2008, as recommended by the Finance
Director subject to audit.
Official Actions
September 23, 2008
Page 2
Public Hearings: RES. 08-284, SETTING A PUBLIC HEARING FOR OCTOBER
6, 2008, TO CONSIDER AN AGREEMENT FOR WALKWAY IMPROVEMENTS AND
FUTURE PARTIAL RELEASE OF INTERIOR PEDESTRIAN ACCESS EASEMENT
ON 210 SOUTH DUBUQUE STREET, IOWA CITY, IOWA.
Resolutions: RES. 08-285, ACCEPTING THE WORK FOR THE 2008 WATER
MAIN DIRECTIONAL BORING PROJECT; RES. 08-286, AUTHORIZING THE CITY
MANAGER AND MAYOR TO SUBMIT ALL NECESSARY DOCUMENTATION TO
APPLY FOR FLOOD RELIEF ASSISTANCE FROM THE STATE OF IOWA AND THE
FEDERAL GOVERNMENT; RES. 08-287, AUTHORIZING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA
COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT
821 CHURCH STREET, IOWA CITY, IOWA.
Correspondence: Gail Keller regarding Taxi cab concern [staff response
included]; James and Mary Searls regarding Maintenance of right of way area across
from Fire Station No. 2; Patty Mishler regarding Game Day Parking; Mary Gravitt
regarding Extension of No Smoking Areas; Elizabeth Foster Hill for Barbara Mitchell
regarding Wetherby, Isaac A. House, 611 North Governor, Iowa City, Johnson County;
Jeanne Hartman(X2) regarding Idyllwild Community; Leah Cohen regarding 21 Issue
[Mayor Bailey's response included]; Timothy Volm regarding 523 Church Street [Council
member Wilburn and City Manager response included]; Tim Weitzel regarding
EcoDriving; Lindsey Kreiling regarding Meeting the needs of Iowa City; Christopher
Liebig regarding New garbage collection system; Members of the Board of Directors of
the Iowa City Area Association of Realtors regarding Flooding Concerns.
The Mayor declared the motion carried.
Leah Cohen, 1638 Teg Drive, presented ordinance changes and suggestions
regarding the excessive drinking issues in Iowa City. Moved and seconded to accept
correspondence from Ms. Cohen. The Mayor declared the motion carried. Mary Gravitt
appeared regarding new smoking regulations.
Moved and seconded to defer public hearing to October 6, on ordinance amending
Article 14-5B, Sign Regulations, and Article 14-9C, Sign Definitions, 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 rental properties.
The Mayor declared the motion carried.
Moved and seconded to defer public hearing to October 6, on 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.
Moved and seconded that ORD. 08-4316, 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 passed and adopted. The following individuals appeared: Atty. Wally
Taylor, representing Iowa City Stop Wal-Mart; Nancy Braun, former Wal-Mart employee from
Minnesota; Gary Sanders; Marc Linder; Mary Gravitt; Michelle Wiegrand; & Brandon Ross.
Official Actions
September 23, 2008
Page 3
The Mayor declared the ordinance adopted. Moved and seconded to accept correspondence
from Aaron Stump, Lawrence Hau, and Gary Sanders. The Mayor declared the motion
carried.
A public hearing was held on a resolution amending the FY2009 Operating Budget.
Moved and seconded to adopt RES. 08-288, AMENDING THE CURRENT BUDGET
FOR THE FISCAL YEAR ENDING JUNE 30, 2009.
Moved and seconded to approve a Tax Exemption Certificate for issuance of
$17,005,000 General Obligation Refunding Capital Loan Notes, Series 20086, and levying a
tax to pay the notes. The Mayor declared the motion carried.
Moved and seconded to approve a continuing disclosure certificate for issuance of
$17,005,000 General Obligation Refunding Capital Loan Notes, Series 20036 and levying a
tax to pay the notes. The Mayor declared the motion carried.
Moved and seconded to adopt RES. 08-289, APPROVING AND AUTHORIZING A
FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF $17,005,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN
NOTES, SERIES 20086, AND LEVYING A TAX TO PAY THE NOTES.
Moved and seconded to approve a Tax Exemption Certificate for the issuance and
securing the payment of $24,280,000 Sewer Revenue Refunding Capital Loan Notes, Series
2008C, of the City of Iowa City, Iowa, under the provisions of the City Code of Iowa, and
providing for a method of payment of the notes. The Mayor declared the motion carried.
Moved and seconded to approve a Continuing Disclosure Certificate for the issuance
and securing the payment of $24,280,000 Sewer Revenue Refunding Capital Loan Notes,
Series 2008C, of the City of Iowa City, Iowa, under the provisions of the City Code of Iowa,
and providing for a method of payment of the notes. The Mayor declared the motion carried.
Moved and seconded to adopt RES. 08-290, AUTHORIZING A FORM OF LOAN
AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND
SECURING THE PAYMENT OF $24,280,000 SEWER REVENUE REFUNDING CAPITAL
LOAN NOTES, SERIES 2008C, OF THE CITY OF IOWA CITY, IOWA, UNDER THE
PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF
PAYMENT OF THE NOTES.
Moved and seconded to approve a Tax Exemption Certificate for the issuance and
securing the payment of $7,115,000 Water Revenue Refunding Capital Loan Notes, Series
2008D, of the City of Iowa City, Iowa, under the provisions of the City Code of Iowa, and
providing for a method of payment of the notes. The Mayor declared the motion carried.
Moved and seconded to approve a Continuing Disclosure Certificate for the issuance
and securing the payment of $7,115,000 Water Revenue Refunding Capital Loan Notes,
Series 2008D, of the City of Iowa City, Iowa, under the provisions of the City Code of Iowa,
and providing for a method of payment of the notes. The Mayor declared the motion carried.
Moved and seconded to adopt RES. 08-291, APPROVING AND AUTHORIZING A
FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE
ISSUANCE AND SECURING THE PAYMENT OF $7,115,000 WATER REVENUE
REFUNDING CAPITAL LOAN NOTES, SERIES 2008D, OF THE CITY OF IOWA CITY,
IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR
A METHOD OF PAYMENT OF THE NOTES.
Official Actions
September 23, 2008
Page 4
Moved and seconded that the rule requiring ordinances to be considered and voted on
for final passage at two Council meetings prior to the meeting at which it is to be finally
passed be suspended, the second consideration and vote be waived, and that ORD. 08-
4317, AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," TO ALLOW
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES TO BE OPERATED ON
SIDEWALKS EXCEPT DOWNTOWN AND TO REQUIRE OPERATORS TO YIELD THE
RIGHT OF WAY TO PEDESTRIANS, be voted on for final passage at this time. Moved and
seconded that the ordinance be finally adopted at this time.
Moved and seconded to adopt RES. 08-292, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR THE REMOVAL OF FLOOD RELATED SAND AND DEBRIS FROM CITY PARK to
DeLong Construction, Inc. for $99,000.00.
Moved and seconded to adopt RES. 08-293, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR THE CONSTRUCTION OF THE WATERWORKS PRAIRIE PARK FISHING PIER
PROJECT to Peterson Contractors Inc. for $167,771.00.
Council Member Hayek stated he would be abstaining and the next item and left the
room. Moved and seconded to adopt RES. 08-294, APPROVING A SETTLEMENT WITH
ONE POOR STUDENT, INC., D/BA/ ONE-EYED JAKE'S. Council Member Hayek returned.
Moved and seconded to appoint Terry Hora, 609 Normandy Drive, to the Board of
Adjustment to fill an unexpired term, effective upon appointment -January 1, 2011; appoint
Connie Champion as Council Representative to the Johnson County Criminal Justice
Coordinating Committee. The Mayor declared the motion carried. Moved and seconded to
accept correspondence from Lonny Pulkrabek. The Mayor declared the motion carried.
The Mayor noted the previously announced vacancies to Boards and Commissions:
Airport Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus a
five-year term ending December 31, 2011; Airport Zoning Commissian to fill asix-year term
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. 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.
The Mayor noted the current vacancies: Board of Adjustment to fill afive-year term
January 1, 2009 -January 1, 2014; Airport Zoning Brd of Adjustment to fill afive-year term
January 1, 2009 -December 31, 2013; Appeals, Board of for two vacancies, one for a
Mechanical Pro, to fill five-year terms January 1, 2009 -December 31, 2013; Human Rights
Commission for three vacancies to fill three-year terms January 1, 2009 -January 1, 2012;
Parks & Recreation Commission for two vacancies to fill four-year terms January 1, 2009 -
January 1, 2013; Public Art Advisory Committee for two vacancies to fill three-year terms
January 1, 2009 -January 1, 2012; Senior Center Commission for two vacancies to fill three-
yearterms January 1, 2009 -January 1, 2011; Youth Advisory Commission for one vacancy
to fill atwo-year term, January 1, 2009 -December 31, 2010 for One (1) person -Age 18 to
21 on the date of filing. Applications must be received by 5:00 p.m., Wednesday, October 29,
2008. [Staff will not publish additional notices after a period of six publications; but will
Official Actions
September 23, 2008
Page 5
continue to advertise vacancies with postings and on the Council agenda. However, no
additional publication costs will be incurred.]
Moved and seconded to adjourn 8:05 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 Department.
s/Regenia D. Bailey, Mayor
s/Marian K. Karr, City C~le/rk
Su mi ed~or pub ication - 9/30/08.
Subject to change as finalized by the City Clerk. For a final official dopy, contact the City
Clerk's Office 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVIITIES
SEPTEMBER 22, 2008
Iowa City City Council special meeting 5:30 p.m. at City Halll. Mayor Bailey
presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell,
Wilburn, Wright. Absent: None. Staff members present: Dilkes, Kairr.
Moved by Correia, seconded by Wright, to adjourn to executive session to
discuss strategy with counsel in matters that are presently in litigatiion 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 evaluate the professional
competency of individuals whose appointment, hiring, performance or discharge is
being considered when necessary to prevent needless and irreparable injury to that
individuals' reputations and those individuals requested a closed session (City Attorney,
City Clerk). Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the motion carried and adjourned into executive session 5:33 p.m.
Council returned to open session 6:58 p.m.
Moved by Wilburn, seconded by Wright, to adjourn special meeting 7:00 p.m.
The Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Regenia D. bailey, Mayor
Marian K. Karr, City Clerk
~~.®~
~~~~~~~
,~®,~~
CITY OF IOWA
MEMORAN[
CITY 4~
uM
Date: September 22, 2008
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, September 22, 2008, 7:05 PM in Emma J: Harvat Hall
Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright'
Staff: Lombardo, Dilkes, Karr, Helling, Fosse, O'Brien, Trueblood
(A complete transcription is available in the City Clerk's Office)
COUNCIL APPOINTMENTS
Bd. of Adjustment -Terry Hora
JC Criminal Justice Coordinating Committee -Council Member Champion
AFFORDABLE HOUSING (Reference IP3)
John Yapp, Executive Director of Johnson Council of Governments (JCCOG), and Andy
Johnson, Johnson County Housing Trust Fund, present for discussion on the Affordable
Housing Market Analysis finalized in December 2007, and the nine recommendations contained
in the executive summary. Affordable Housing Task Force tentatively schedule to meet in mid-
Octoberand JCCOG staff will prepare summary memo prior to that meeting.
STAFF ACTION: Yapp to prepare a summary of discussion and additional information as
requested by Council for distribution in 10/16 information packet. (Yapp)
SNOW REMOVEL POLICIES
Public Works Director Fosse presented a power point (on file) reviewing issues. Council
expressed support to for a snow emergency ordinance that would remove the current
requirement to sign all borders of the City; include odd-even parking provisions to facilitate
removal of snow; declaration of such an emergency would rest with'the City Manager; and
interest to have an ordinance in place for this winter.
STAFFF ACTION: Discuss issues regarding downtown with DTA at the October meeting
and report back. (Fosse)
MULTI-FAMILY/COMMERCIAL REFUSE PICKUP HOURS
Public Works Director Fosse reported on complaints received about early morning refuse pick
up, in or near residential areas, by private haulers. He stated City crews that pick up single
family up through four-plexes don't start until 7AM, and people have requested the hours be
observed as well for the private haulers. Majority requested an ordinance amendment to clarify
the 7AM time for private haulers.
STAFF ACTION: Prepare amendment for Council consideration. (Fosse)
Council Work Session
September 22, 2008
Page 2
COMMUNITY-BASED STRATEGIC PLAN DEVELOPMENT (Reference IP4)
City Manager Lombardo distributed "Orientation to Strategic Plan Development, City of Iowa
City Council Retreat, October 4 Proposed Agenda", and answered questions regarding the
retreat scheduled October 4. The City Clerk noted the meeting would be a posted as a special
work session, an agenda posted, and transcriptions and minutes prepared.
AGENDA ITEMS
1. (Consent Calendar item # 4(g)3 -Correspondence from Patty Mishler regarding Game Day
Parking) Majority were not interested in increasing fines for game day.
2. (Consent Calendar item # 4(g)11 -Correspondence from Christopher Liebig regarding
garbage collection system) Mayor Bailey indicated she had requested a response from the
Public Works Director. The City Manager will follow up.
INFORMATION PACKET DISCUSSION ITEMS AND CONTINUED AGENDA ITEMS
1. (IP5 of 9/11 information packet -Email from Rachelle Tsachor: 7th Avenue Bus Route) In
response to Council Member Correia, City Manager Lombardo stated Transportation
Services was looking into a survey of the routes and coming back to Council with
recommendations for improvements.
2. (Agenda item # 13 -resolution awarding contract ... Waterworks Prairie Park Fishing
Pier Project) Parks & Rec. Director Trueblood present for discussion.
3. City Clerk Karr and Parks & Rec. Director Trueblood questioned a possible joint meeting
with the Parks & Recreation Commission on October 8 for presentation of the Parks and
Recreation Master Plan. A majority of Council were unable to attend the meeting and a
presentation of the Plan would be scheduled before Council at a later time.
COUNCIL TIME
Council Member Hayek requested a revisit of the discussion regarding traffic congestion
downtown. A majority agreed to schedule discussion for the October 6 work session, and
requested that the item come back with specific ordinance language for action.
SCHEDULE OF PENDING DISCUSSION ITEMS (Reference IP5)
Flood Plain Issues (ongoing/October)
Inclusive Community Initiative Update (Correia to meet with City Manager and schedule in November)
Metropolitan Coalition /Legislative Priorities (Wilburn to meet with City Manager and schedule in October)
Central District Plan (P&Z matters for October Council agenda)
Housing Inspection Fees (Staff to prepare a memo)
Parks Master Plan (Parks & Recreation Director to arrange for 10/20 work session)
Local Option Sales Tax (off pending list)
Relocation of P.W. Facilities/Transit Building (Staff pursing and will report back -off pending)
Meet w/ Airport Commission (Economic Development for south study; memo on funding & levy issues)
Alley Inventory (2009)
Alcohol Ordinances and "21" Issue (City Atty. to prepare memo fro 10/20 work session)
Violence Against Women Task Force Recommendations (Staff recommendation in November)
Council Work Session
September 22, 2008
Page 3
UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS
Mayor Bailey noted the ICAD luncheon (IP7 of 9/18 information packet); and thanked Council
Member Champion for attending the Mark Twain event.
City Manager Lombardo reminded everyone of the Corridor Business Luncheon on September
23.
DISCUSSION OF MEETING SCHEDULE (Reference IP6)
Majority of Council expressed a commitment and a value to a flexible meeting schedule that
would allow attendance at community events and activities; meet individual Council Member
needs; recognize the value of all 7 Council Members to be in attendance, and maintain the
current goal of two formal meetings a month, typically on the first and third Tuesday.
Meeting adjourned 9:35 PM.
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 23, 2008
Iowa City City Council Special meeting 5:30 p.m. at City Halll. Mayor Bailey
presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell,
Wright. Absent: Wilburn. Staff members present: Lombardo, Karr:.
Moved by Wright, seconded by Hayek, to adjourn to executive session to
evaluate the professional competency of individual whose appointrment, hiring,
performance or discharge is being considered when necessary to prevent needless and
irreparable injury to that individual's reputation and that individual requested a closed
session (City Manager). The Mayor declared the motion carried unanimously, 6/0,
Wilburn absent, and adjourned into executive session at 5:33 p.m.
Council returned to open session 6:33 p.m.
Moved by Hayek, seconded by Champion, to adjourn speciail meeting 6:35 p.m.
The Mayor declared the motion carried unanimously, 5/0, O'Donnell, Correia absent.
Rege~ia D. Bailey, Mayor
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.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
SEPTEMBER 23, 2008
Iowa City City Council special meeting 7:00 p.m. at City Hall. ~ayor Bailey presiding.
Council Members present: Bailey, Champion, Correia, Hayek, O'Do Hell, Wilburn, Wright.
Absent: None. Staff members present: Lombardo, Helling, Holecek, Karr, O'Malley,
Trueblood.
The Mayor proclaimed: Mental Illness Awareness Week - Oct{~ber 5, 2008, Peggy
Loveless Vice President Johnson County National Alliance on Mental Illness accepting.
A Key to the City was presented by Mayor Bailey to Olympic Cold Medalist Dawn
Harper.
Moved by O'Donnell, seconded by Wright, 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: August 20, Joint meeting, Special Council Work S ssion; September 9,
S ecial Council Work Session; September 9, Special Council~ormal Official and
p
Complete.
Receive and File Minutes of Boards and Commissions any recommendations
contained in minutes become effective only upon separate Council action): Public Art
Advisory Committee -August 7, 2008; Planning and Zoning Commission -August 21,
2008; Planning and Zoning Commission -August 18, 2008; Pol~ce Citizens Review
Board -August 19, 2008; Historic Preservation Commission - A,~gust 28, 2008; Board of
Adjustment -August 13, 2008; Airport Commission -August 14 2008; Youth Advisory
Commission -July 8, 2008.
Permit Motions and Resolutions as Recommended by t~e City Clerk.
New: Class C Liquor License for Jose Anaya dba Club Furria, !,1550 S. First Avenue.
Renewal Class C Beer Permit for Dan's Short Stop Cotp., dba Dan's Short
Stop Corp., 2221 Rochester Ave.; Class C Beer Permit for Hy~Vee, Inc., dba Hy-Vee
Gas #1, 260 Stevens Dr.; Class C Liquor License for Micky's of Iowa City, Inc., dba
Micky's Irish Pub, 11 S. Dubuque St.; Class C Liquor License for Mondo's of Iowa City,
Inc., dba Joseph's Steakhouse, 212 S. Clinton St.; Class C Lir~uor License for Bread
Garden of Iowa City, L.C., dba Bread Garden Market & Baker~r, 225 S. Linn Street;
Class C Liquor License for Givanni's of Iowa City, Inc., dba Gi~ranni's, 109 E. College
St.; Class C Liquor License for Saloon of Iowa City, L.C., dba ~aloon, 112 E. College
St.; Class C Liquor License for I.C.B.B., Ltd., dba Brown Bottle, 115 E. Washington
St.; Special Class C Liquor License for Angela, Inc., dba Mas~la, 9 S. Dubuque St.;
Class C Beer Permit for Kum & Go, L.C., dba Kum & Go #51,1323 E. Burlington St.;
Class C Beer Permit for Kum & Go, L.C., dba Kum & Go #52,'5 W. Burlington St.;
Class C Beer Permit for Kum & Go, L.C., dba Kum & Go #53, 1958 Mormon Trek Blvd.;
Class C Beer Permit for Hawkeye Oil Co., dba Scott Boulevard Hawkeye Convenience
Store, 2875 Commerce Dr.; Class C Beer Permit for On the ~o Convenience Stores,
Inc., dba On the Go Convenience Stores, Inc., 2315 Muscatine Ave.
Complete Description
September 23, 2008
Page 2
Motions: Approve disbursements in the amount of $10,72,487.95 for the
period of August 1 through August 31, 2008, as recommended) by the Finance
Director subject to audit.
Public Hearings: RES. 08-284, SETTING A PUBLIC HEARING FOR OCTOBER
6, 2008, TO CONSIDER AN AGREEMENT FOR WALKWAY II~'IPROVEMENTS AND
FUTURE PARTIAL RELEASE OF INTERIOR PEDESTRIAN ACCESS EASEMENT
ON 210 SOUTH DUBUQUE STREET, IOWA CITY, IOWA. '
Resolutions: RES. 08-285, ACCEPTING THE WORK FOR THE 2008 WATER
MAIN DIRECTIONAL BORING PROJECT; RES. 08-286, AUl~HORIZING THE CITY
MANAGER AND MAYOR TO SUBMIT ALL NECESSARY DO UMENTATION TO
APPLY FOR FLOOD RELIEF ASSISTANCE FROM THE STA E OF IOWA AND THE
FEDERAL GOVERNMENT; RES. 08-287, AUTHORIZING TH MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBO DINATION
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND U IVERSITY OF IOWA
COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT
821 CHURCH STREET, IOWA CITY, IOWA. ',
Correspondence: Gail Keller regarding Taxi cab concer [staff response
included]; James and Mary Searls regarding Maintenance of right of way area across
from Fire Station No. 2; Patty Mishler regarding Game Day Par~Cing; Mary Gravitt
regarding Extension of No Smoking Areas; Elizabeth Foster Hilll, for Barbara Mitchell
regarding Wetherby, Isaac A. House, 611 North Governor, low City, Johnson County;
Jeanne Hartman(X2) regarding Idyllwild Community; Leah Coh n regarding 21 Issue
[Mayor Bailey's response included]; Timothy Volm regarding 523 Church Street [Council
member Wilburn and City Manager response included]; Tim W~itzel regarding
EcoDriving; Lindsey Kreiling regarding Meeting the needs of louva City; Christopher
Liebig regarding New garbage collection system; Members of tfhe Board of Directors of
the Iowa City Area Association of Realtors regarding Flooding concerns.
Mayor Bailey noted the setting of a public hearing fro October 6t" on thle Sheraton hotel
walkway easement; and authorizing action on the Jumpstart Iowa Programs for flood relief
funding. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the motion carried.
Leah Cohen, 1638 Teg Drive, presented ordinance changes and suggestions
regarding the excessive drinking issues in Iowa City. Moved by Hay~;k, seconded by Wilburn,
to accept correspondence from Ms. Cohen. The Mayor declared the' motion carried
unanimously,7 /0, all Council Members present. Mary Gravitt appeared regarding new
smoking regulations.
Moved by Champion, seconded by Correia, to defer public hearing to October 6, on
ordinance amending Article 14-5B, Sign Regulations, and Article 14-9C, Sign Definitions, to
allow limited use of freestanding signs in the Central Business Servile (CB-2) Zone, add a
definition and standards for entranceway signs, and clarify regulations regarding signs on
rental properties. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
Moved by Correia, seconded by Hayek, to defer public hearing to October 6, on
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
Complete Description
September 23, 2008
Page 3
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 ORD. 08-416, AMENDING THE
CONDITIONAL ZONING AGREEMENT TO MODIFY THE CONCEPT SITE PLAN FOR
APPROXIMATELY 25.16 -ACRES OF PROPERTY IN THE COMMIUNITY COMMERCIAL
(CC-2) ZONE FOR WESTPORT PLAZA INCLUDING WAL-MART AT' 855, 911 & 1001
HIGHWAY 1 WEST. (REZ08-00006), be passed and adopted. The Mayor requested Council
Members disclose ex parte communications, and individual Council IV~embers shared
information. The following individuals appeared: Atty. Wally Taylor, representing Iowa City
Stop Wal-Mart; Nancy Braun, former Wal-Mart employee from Minnesota; Gary Sanders;
Marc Linder; Mary Gravitt; Michelle Wiegrand; & Brandon Ross. The Mayor declared the
ordinance adopted, 6/1, with the following division of roll call vote. Ayies: Champion, Correia,
Hayek, O'Donnell, Wilburn, Bailey. Nays: Wright. Absent: None. Maved by Wilburn,
seconded by Hayek, to accept correspondence from Aaron Stump, Lawrence Hau, and Gary
Sanders. The Mayor declared the motion carried unanimously, 7/0, sill Council Members
present.
A public hearing was held on a resolution amending the FY20m9 Operating Budget.
Finance Director O'Malley present for discussion.
Moved by Wilburn, seconded by O'Donnell, to adopt RES. 08- 88, AMENDING THE
CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 209. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Moved by Wright, seconded by Hayek, to approve a Tax Exemption Certificate for
issuance of $17,005,000 General Obligation Refunding Capital Loan (Notes, Series 2008B,
and levying a tax to pay the notes. The Mayor declared the motion carried unanimously, 7/0,
all Council Members present.
Moved by O'Donnell, seconded by Hayek, to approve a continuing disclosure
certificate for issuance of $17,005,000 General Obligation Refunding (Capital Loan Notes,
Series 2003B and levying a tax to pay the notes. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Champion, seconded by Wright, to adopt RES. 08-~89, APPROVING AND
AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING
FOR THE ISSUANCE OF $17,005,000 GENERAL OBLIGATION REFUNDING CAPITAL
LOAN NOTES, SERIES 2008B, AND LEVYING A TAX TO PAY THEE! NOTES. Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor dleclared the resolution
adopted.
Moved by Hayek, seconded by O'Donnell, to approve a Tax Epcemption Certificate for
the issuance and securing the payment of $24,280,000 Sewer Revenue Refunding Capital
Loan Notes, Series 2008C, of the City of Iowa City, Iowa, under the provisions of the City
Code of Iowa, and providing for a method of payment of the notes. l~he Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
Moved by Hayek, seconded by Wright, to approve a Continuir7g Disclosure Certificate
for the issuance and securing the payment of $24,280,000 Sewer Revenue Refunding
Capital Loan Notes, Series 2008C, of the City of Iowa City, Iowa, under the provisions of the
Complete Description
September 23, 2008
Page 4
City Code of Iowa, and providing for a method of payment of the note. The Mayor declared
the motion carried unanimously, 7/0, all Council Members present.
Moved by Hayek, seconded by O'Donnell, to adopt RES. 08-2~0, AUTHORIZING A
FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVID NG FOR THE
ISSUANCE AND SECURING THE PAYMENT OF $24,280,000 SEW R REVENUE
REFUNDING CAPITAL LOAN NOTES, SERIES 2008C, OF THE CITY OF IOWA CITY,
IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR
A METHOD OF PAYMENT OF THE NOTES. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the resolution adopted.
Moved by Wright, seconded by Hayek, to approve a Tax Exerrjption Certificate for the
issuance and securing the payment of $7,115,000 Water Revenue R~funding Capital Loan
Notes, Series 2008D, of the City of Iowa City, Iowa, under the provisions of the City Code of
Iowa, and providing for a method of payment of the notes. The Mayojr declared the motion
carried unanimously, 7/0, all Council Members present.
Moved by Hayek, seconded by Wright, to approve a Continuin Disclosure Certificate
for the issuance and securing the payment of $7,115,000 Water Rev~nue Refunding Capital
Loan Notes, Series 2008D, of the City of Iowa City, Iowa, under the ~,rovisions of the City
Code of Iowa, and providing for a method of payment of the notes. The Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
Moved by Champion, seconded by Hayek, to adopt RES. 08-~91, APPROVING AND
AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZI G AND PROVIDING
FOR THE ISSUANCE AND SECURING THE PAYMENT OF $7,115,p00 WATER REVENUE
REFUNDING CAPITAL LOAN NOTES, SERIES 2008D, OF THE CI~Y OF IOWA CITY,
IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, a4ND PROVIDING FOR
A METHOD OF PAYMENT OF THE NOTES. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the resolution adopt d.
Moved by O'Donnell, seconded by Champion, that the rule re uiring ordinances to be
considered and voted on for final passage at two Council meetings p for to the meeting at
which it is to be finally passed be suspended, the second considerati nand vote be waived,
and that ORD. 08-4317, AMENDING TITLE 9, ENTITLED "MOTOR ~/EHICLES AND
TRAFFIC," TO ALLOW ELECTRIC PERSONAL ASSISTIVE MOBILIfiY DEVICES TO BE
OPERATED ON SIDEWALKS EXCEPT DOWNTOWN AND TO REC~UIRE OPERATORS TO
YIELD THE RIGHT OF WAY TO PEDESTRIANS, be voted on for find passage at this time.
The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes:
Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn. Nays: Wright. Absent: None. Moved
by O'Donnell, seconded by Champion, that the ordinance be finally adopted at this time. The
Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote. Ayes:
Champion, Correia, Hayek, O'Donnell, Wilburn. Nays: Bailey, Wright. Absent: None.
Moved by Champion, seconded by O'Donnell, to adopt RES. ~8-292, AWARDING
CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE', CITY CLERK TO
ATTEST A CONTRACT FOR THE REMOVAL OF FLOOD RELATE SAND AND DEBRIS
FROM CITY PARK to DeLong Construction, Inc. for $99,000.00. Aff rmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared he resolution adopted.
Moved by Champion, seconded by O'Donnell, to adopt RES. 8-293, AWARDING
CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THEI, CITY CLERK TO
Complete Description
September 23, 2008
Page 5
ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE WATERWORKS PRAIRIE
PARK FISHING PIER PROJECT to Peterson Contractors Inc. for $1 ,7,771.00. Affirmative
roll call vote unanimous, 7/0, all Council Members present. The May~r declared the
resolution adopted.
Council Member Hayek stated he would be abstaining and thel next item and left the
room. Moved by Hayek, seconded by Wilburn, to adopt RES. 08-294'„ APPROVING A
SETTLEMENT WITH ONE POOR STUDENT, INC., D/BA/ ONE-EYED JAKE'S. The Mayor
declared the resolution adopted unanimously, 6/0, Hayek abstaining. !, Council Member Hayek
returned.
Moved by O'Donnell, seconded by Hayek, to appoint Terry Hora, 609 Normandy Drive,
to the Board of Adjustment to fill an unexpired term, effective upon a pointment -January 1,
2011; appoint Connie Champion as Council Representative to the Jo nson County Criminal
Justice Coordinating Committee. The Mayor declared the motion ca ried unanimously, 7/0,
all Council Members present. Moved by Hayek, seconded by Wilbu n, to accept
correspondence from Lonny Pulkrabek. The Mayor declared the mo~ion carried unanimously,
7/0, all Council Members present.
The Mayor noted the previously announced vacancies to Boarlds and Commissions:
Airport Zoning Brd of Adjustment to fill an unexpired term, effective u on appointment, plus a
five-year term ending December 31, 2011; Airport Zoning Commissi n to fill a six-year term
January 1, 2006 -December 31, 2011; Youth Advisory Commission o fill an unexpired plus
a two year term, effective upon appointment, ending December 31, 2b10, for One (1) person
-Age 15 to 17 on the date of filing. Applications must be received b~ 5:00 p.m., Wednesday,
October 1, 2008. Youth Advisory Commission to fill an unexpired plus a two year term,
effective upon appointment, ending December 31, 2010 for One (1) ~erson -Age 15 to 17 on
the date of filing. Applications must be received by 5:00 p.m., Wedn sday, October 15, 2008.
The Mayor noted the current vacancies: Board of Adjustment~o fill afive-year term
January 1, 2009 -January 1, 2014; Airport Zoning Brd of Adjustmentto fill afive-year term
January 1, 2009 -December 31, 2013; Appeals, Board of for two va ancies, one for a
Mechanical Pro, to fill five-year terms January 1, 2009 -December 31, 2013; Human Rights
Commission for three vacancies to fill three-year terms January 1, 2 09 -January 1, 2012;
Parks & Recreation Commission for two vacancies to fill four-year to ms January 1, 2009 -
January 1, 2013; Public Art Advisory Committee for two vacancies to fill three-year terms
January 1, 2009 -January 1, 2012; Senior Center Commission fort o vacancies to fill three-
yearterms January 1, 2009 -January 1, 2011; Youth Advisory Com fission for one vacancy
to fill atwo-year term, January 1, 2009 -December 31, 2010 for One (1) person -Age 18 to
21 on the date of filing. Applications must be received by 5:00 p.m., ednesday, October 29,
2008. [Staff will not publish additional notices after a period of six pu lications; but will
continue to advertise vacancies with postings and on the Council ag nda. However, no
additional publication costs will be incurred.]
Council Member Wright announced the PATV, Public Access ~felevision, chili
fundraiser scheduled for September 25.
In response to Council Member O'Donnell, the City Manager Mated the retreat
scheduled for October 4 would be a nominal cost, and the decision decided upon to move
forward would be more costly.
Complete Description
September 23, 2008
Page 6
Mayor Bailey read an email she received complimenting the City garbage collection
crews; and requested the City Manager's "At A Glance" newsletter b bound and included in
the weekly packet distributed to the media. City Clerk Karr reported he publication was
included on the City Manager's website as well. ~'
Moved by Wilburn, seconded by Wright, to adjourn 8:05 p.m. ~fhe Mayor declared the
motion carried unanimously, 7/0, all Council Members present. I~
Regenia D. Bailey, Mayor
Marian K. Karr, City Clerk