HomeMy WebLinkAbout2009-03-10 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040.
Iowa City
City Council Agenda
Special Formal
ITEM 1.
March 10, 2009 - 7:00 p.m.
City Hall - Harvat Hall
410 E. Washington Street
CALL TO ORDER. ~~{A ,~~~ ~2
ROLL CALL. ~~~~~ y,, ~ `~~~ ~ ~ ~
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CI~T O IOWA CITY
www.icgov.org
ITEM 2. PROCLAMATION.
a) Special Olympics Month -March 2009 ~~~,,C~~ ~
b) Meals on Wheels Day -March 18, 2009 `r~~
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ITEM 3. OUTSTANDING STUDENT CITIZENSHIP AWARDS - Grant Wood Elementary
a) Jordan Cronbaugh
b) ~~°a~ #r~l~ Leuang
c) Tyla Robinson
ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
a) Approval of Council Actions, subject to corrections, as recommended by
the City Clerk.
1. February 23, Council Work Session
2. February 24, Special Council Formal Official and Complete
b) Receive and File Minutes of Boards and Commissions (any
recommendations contained in minutes become effective only upon
separate Council action).
1. Human Rights Commission: January 27, 2009
2. Telecommunications Commission: January 26, 2009
3. Parks and Recreation Commission: January 7, 2009
4. Housing & Community Development Commission: December 18, 2008
5. Animal Care Task Force: February 5, 2009
6. Public Library: January 22, 2009
7. Airport Commission: January 8, 2009
8. Airport Commission: February 5, 2009
9. Youth Advisory Commission: January 8, 2009
March 10, 2009 City of Iowa City Page
c)
Permit Motions and Resolutions as Recommended by the City Clerk.
Renewal:
1. Class C Liquor License for Graze Iowa City, LLC, dba Graze, 115 E.
College St.
2. Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Food & Drugstore
#1 and Regal Liquor, 1720 Waterfront Dr.
d) Public Hearings.
1. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON
O~ ~- b'[ AMENDING THE FY2009 OPERATING BUDGET.
Comment: This resolution sets a public hearing for March 24, 2009 to
amend the FY2009 budget. Information will be available to the public on
March 13, 2009.
oq- >0 8
2. CONSIDER A RESOLUTION AUTHORIZING MAILING AND
PUBLICATION OF NOTICE OF INTENT TO COMMENCE PUBLIC
IMPROVEMENT PROJECT TO CONSTRUCT THE 420T" STREET
CORRIDOR IMPROVEMENTS -SANITARY SEWER AND ROADWAY
PROJECT AND TO ACQUIRE PROPERTY FOR THE PROJECT; AND
SETTING DATE OF PUBLIC HEARING ON APRIL 20, 2009.
Comment: The City of Iowa City must acquire right-of-way, fee title,
permanent easements and temporary construction easements to
construct the 420th Street Corridor Improvements -Sanitary Sewer and
Roadway Project. State law requires the City to give notice to
agricultural property owners whose properties may be affected. This
notice will notify all potentially affected property owners of the
opportunity to present their views on the project and proposed
acquisition of property rights at the public hearing. This notice protects
the City's right to condemn if necessary. This project involves
construction of a sanitary trunk sewer from Sioux Avenue to Taft Avenue
and construction of a new roadway from Highway 6 to Taft Avenue.
March 10, 2009 City of Iowa City Page 3
e) Resolutions.
1. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
Oq -' fog EXECUTE AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 832 LONGFELLOW COURT, IOWA CITY,
IOWA.
Comment: MidWestOne Bank has requested that the City approve a
Subordination Agreement for property at 832 Longfellow Court. On
June 15, 2004, the owner of the property received a loan from the City
of Iowa City through the HOME Investment Partnership Funds for
$39,800. The property has enough equity to cover the City's second
lien position.
pq ~ '~~ 2. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 1552 DICKENSON LANE, IOWA CITY,
IOWA.
Comment: MidWestOne Bank has requested that the City approve a
Subordination Agreement for property at 1552 Dickenson Lane. On
December 30, 2005, the owner of the property received funding from the
City of Iowa City through the HOME Investment Partnership Funds for
$18,000. The property has enough equity to cover the City's second
lien position.
f) Correspondence.
1. JCCOG Traffic Engineering Planner: Installation of PARALLEL PARKING
ONLY signs on the north side of B'jaysville Lane east of Dubuque Street
and NO PARKING CORNER TO HERE signs at the intersection of
B'jaysville Lane and the private driveway on the north side of the road.
2. Charlotte Walker: Senior Center holidays [staff response included]
3. Gary Fairmont Filosa II: Street repair on Van Buren
4. Peter Ziegenhorn: Wal-Mart
5. Caitlin Lombardo: Landfill [staff response included]
6. School closing: David Gurwell, Marshall Poe and Julianna Tymoczko,
David Wieseneck
7. Jonathan Kimmel: Litter
8. Mike Barker: Hilltop Mobile Park and Shelter House
9. Elias Zaharias: No Child Left Behind fallacies
10. Local Option Sales Tax: Chris Arch [staff response included], Peter Cram
11. Bob Saunders: Homeless village on S. Riverside Drive
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March 10, 2009 City of Iowa City Page 4
END OF CONSENT CALENDAR.
__
ITEM 5. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM]
Community Comment will be continued, if necessary, prior to "City Council Information"
item.
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ITEM 6. PLANNING AND ZONING MATTERS. (Item's "a, b," will proceed as outlined in the
City Attorney's memo of 2/28/07 entitled "Rezonings, Due Process and Ex parts
communications.")
a) CONDITIONALLY REZONING APPROXIMATELY 18.58 ACRES OF
PROPERTY LOCATED NORTH OF ROHRET ROAD FROM INTERIM
DEVELOPMENT SINGLE-FAMILY RESIDENTIAL (ID-RS) TO LOW DENSITY
SINGLE-FAMILY RESIDENTIAL, 44.29 ACRES FROM RURAL RESIDENTIAL
(RR-1) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) AND 79.27
ACRES FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL TO PLANNED
DEVELOPMENT OVERLAY LOW DENSITY SINGLE-FAMILY RESIDENTIAL
(OPD-5). (REZ08-00011)
Comment: At its February 5 meeting, by a vote of 5-1 (Eastham voting no,
Payne absent), the Planning and Zoning Commission recommended approval
of this rezoning subject to a Conditional Zoning Agreement addressing
improvement of Rohret Road to City standards, a phasing plan for the
subdivision, the vacation of the southern portion of Slothower Road, approval
of the wetland permit and a plan for the long-term maintenance of the wetland
by a home owners' association. Staff recommended approval in a report dated
January 15. Approval will allow the development of Country Club Estates,
Parts 3-8, a 170-lot, 82.3 acre single-family residential subdivision
located on the north side of Rohret Road east of Slothower Road.
Correspondence included in Council packet.
1. PUBLIC HEARING
Action: ~ ~ 1~lcJ
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2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) ~ ~~
Action:
March 10, 2009
City of Iowa City Page 5
b) CONSIDER AN ORDINANCE REZONING 2.97 - ACRES OF LAND
Oq~ ~3~7 LOCATED NORTHWEST OF THE INTERSECTION OF FIRST AVENUE
AND HICKORY TRAIL FROM LOW DENSITY SINGLE FAMILY (RS-
5) ZONE TO PLANNED DEVELOPMENT OVERLAY, MEDIUM
DENSITY SINGLE FAMILY (OPD-8) ZONE. (REZ08-00012) (SECOND
CONSIDERATION)
Comment: At its January 15 meeting, by a vote of 6-0 (Koppes absent), the
Planning and Zoning Commission recommended approval of this rezoning.
Staff recommended approval in a report dated January 15. Approval will allow
development of Hickory Pointer a 3-lot residential subdivision with 18
townhouse-style ~ dwelling units. Applicant requests expedited action.
Correspondence attache~td~. ~~ ~ oar ~ `~,~~~;, 7~0
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Action: L,r~i ~~u~~__~ wro`~'+~ ~~ra ~ ~G~~iL
09- ~) c) CONSIDER A RE~~~OLUTION APPROVING THE PRELIMINARY PLAT OF
HICKORY POINTE, IOWA CITY, IOWA. (SU608-00011)
Comment: At its January 15 meeting, by a vote of 6-0 (Koppes absent), the
Planning and Zoning Commission recommended approval. Staff recommended
approval in a report dated January 15. Approval will allow development of a S-
lot residential subdivision with 18 townhouse-style dwelling units.
Action: l ~/d r P
7,
ITEM 7. AMENDING TITLE 16, CHAPTER 3 ENTITLED "CITY UTILITIES" OF THE CITY
CODE OF IOWA CITY, IOWA, BY ADOPTING A NEW SECTION 16-3B-9
ENTITLED "PROJECT SPECIFIC TAP-ON FEE FOR THE DANE ROAD
TRUNK SEWER PROJECT".
Comment: The City Code authorizes the City to adopt and implement, following
public hearing, project specific tap-on fee ordinances to provide for the equitable
apportionment of costs associated with extension of public utilities. The
proposed ordinance will adopt a tap-on fee for the cost associated with the
construction of the Dane Road Trunk Sewer to serve the southwest area of Iowa City.
a) PUBLIC HEARING
Action:
b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
March 10, 2009 City of Iowa City Page 6
ITEM 8. AMENDING TITLE 16, CHAPTER 3 ENTITLED "CITY UTILITIES" OF THE CITY
CODE OF IOWA CITY, IOWA, BY ADOPTING A NEW SECTION 16-3B-10
ENTITLED "PROJECT SPECIFIC TAP-ON FEE FOR THE SCOTT PARK
TRUNK SEWER PROJECT".
Comment: The City Code authorizes the City to adopt and implement, following
public hearing, project specific tap-on fee ordinances to provide for the equitable
apportionment of costs associated with extension of public utilities. The
proposed ordinance will adopt atap-on fee for the cost associated with the construction
of the Scott Park Trunk Sewer to serve the east area of Iowa City.
a) PUBLIC HEARING
Actian: U ~ Q ~e
b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action: JdZr~`O~i~- ~h ~.'o~.~ ~~ G y ~ ~
ITEM 9. AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
GROUND LEASE WITH THE JOINT EMERGENCY COMMUNICATIONS SERVICES
ASSOCIATION OF JOHNSON COUNTY FOR PLACEMENT OF A MONOPOLE
TELECOMMUNICATIONS TOWER AT FIRE STATION 3.
Comment: The Joint Emergency Communications Services Association of Johnson
County (the 28E entity created by the City, County, Johnson County Emergency
Management Commission, North Liberty, and Coralville for emergency
telecommunication services) would like to lease a portion of land at Fire Station 3 for
placement of a monopole telecommunications tower, a generator, and a storage
facility. The proposed lease is for 5- years with the option of nine (9), five (5)-year
renewals. Rent is $1.00 per year. Joint Emergency Communications Services
Association of Johnson County has approved the proposed lease, a copy of which is
attached to the resolution.
a) PUBLIC HEARING
Action:
OQ- ?~ b)
CONSIDER A RESOLUTION
Action:
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March 10, 2009 City of Iowa City Page 7
ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 17 OF THE CITY CODE, ENTITLED
pq ~ rf-3aQ "BUILDING AND HOUSING," CHAPTER 2, ENTITLED, "ELECTRICAL CODE,"
TO ADOPT THE STATE ELECTRICAL STANDARDS AND ANNEX H OF THE 2008
EDITION OF THE NATIONAL ELECTRICAL CODE AS THE CITY'S
ELECTRICAL CODE. (SECOND CONSIDERATION)
Comment: A public hearing is required when adopting a state code, a nationally
recognized standard code or portions of such a code. The Board of Appeals is
recommending adopting such Code as amended. Staff recommends expedited action.
Action:
ITEM 11. CONSIDER AN ORDINANCE AMENDING TITLE 17 OF THE CITY CODE, ENTITLED
"BUILDING AND HOUSING," CHAPTER 11, ENTITLED, "LICENSING," TO MAKE
OR m'µ3 ~q THE LICENSING REQUIREMENTS OF THE BUILDING TRADES CONSISTENT
WITH STATE LAW AND TO ESTABLISH STANDARDS FOR THOSE HOLDING A
STATE CLASS B JOURNEYMAN OR CLASS B MASTER ELECTRICIAN LICENSE.
(SECOND CONSIDERATION)
Comment: The State of Iowa has recently begun licensing the electrical
professionals, as well as other trades, but still permits cities to continue doing so as
well. This ordinance provides that a person may perform work if he or she has either a
state or City license, except for those holding a state Class B electrician license. State
law allows the City to limit the type of work that a person holding a state Class B
journeyman or Class B master electrician license may do. Staff and the Board of
Appeals (draft minutes are in the January 29 information packet) recommend allowing
state licensed Class B electricians to perform electrical work only if they held an Iowa
City license prior to the establishment of the state licensing requirements. The
ordinance also cleans up a variety of licensing standards by deleting provisions that no
longer apply. Staff recommends expedited action.
Action:
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ITEM 12. CONSIDER AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF IOWA
CITY, IOWA, BY REVISING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES,"
09.. lf-3 30 CHAPTER 5, ENTITLED "PROHIBITIONS AND RESTRICTIONS," SECTION 8,
ENTITLED "PERSONS UNDER 19 YEARS OF AGE IN LICENSED OR PERMITTED
ESTABLISHMENTS" SUBSECTION E (1) TO INCREASE THE PENALTY FOR A
PERSON UNDER 19 YEARS OF AGE WHO VIOLATES SAID SECTION TO FIVE
HUNDRED DOLLARS ($500.00). (PASS AND ADOPT)
Comment: Iowa City Code prohibits persons under the age of 19 from being present
after 10:00 p.m. in a licensed establishment whose primary purpose is the sale of
alcohol. This ordinance increases the fine for violation by a person under 19 to
$500.00.
Action: ~~ r' ~ ~ l ` ~ .~
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March 10, 2009 City of Iowa City Page 8
ITEM 13. CONSIDER AN ORDINANCE AMENDING TITLE 13, ENTITLED "AIRPORTS AND
AVIATION," CHAPTER 1, ENTITLED, "AIRPORT COMMISSION," TO CHANGE THE
p q - ~3~ TERMS OF THE COMMISSIONERS FROM SIX (6) YEARS TO FOUR (4) YEARS.
(PASS AND ADOPT)
Comment: State law requires that the City Council set the length of terms of the
Airport Commission by ordinance and that the term be no less than three (3) years and
no greater than .six (6) years. The terms presently are six (6) years, which is a
substantial commitment especially in light of the scope of the commissioners' duties.
At the Airport Commission meeting on January 8, 2009, the Commission passed a
motion recommending that the terms be decreased to four (4) years in order to entice
more people to apply. Under the proposed ordinance, as each of the current six (6)
year terms expires, it will become a four (4) year term.
Action: ~~GFvu~jr 6~ ~~r/~~i~°~ /~ ~
ITEM 14. CONSIDER AN ORDINANCE AMENDING TITLE 1, ENTITLED "ADMINISTRATION,"
CHAPTER 4, ENTITLED "GENERAL PENALTY," SECTION 2D TO PROVIDE THAT
0~-- ~I-33a-' THE CIVIL PENALTY FOR OVER-OCCUPANCY OF A RENTAL UNIT BE $750.00
FOR FIRST VIOLATION AND $1,000.00 FOR SECOND AND SUBSEQUENT
VIOLATIONS. (PASS AND ADOPT)
Comment: Presently the civil penalty in a municipal infraction for over-occupying a
rental unit is $250 for first violation, $500 for second, and $750 for third. This
ordinance would increase it to $750 for first and $1,000 for second and subsequent,
which is the maximum allowable under state law.
Action:
ITEM 15. CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF A CHAPTER 28E
p~~ 73 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA
DEPARTMENT OF TRANSPORTATION REGARDING CERTAIN OBLIGATIONS
INVOLVING THE SHARING OF DIGITAL DATA.
Comment: This agreement establishes the digital data that will be shared between the
City and the Iowa Department of Transportation. The agreement also sets out the
terms by which the data will be shared. The data will be used initially for the
environmental planning activities that will occur along Interstates 80, 380, 680 and 35
in Iowa.
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March 10, 2009 City of Iowa City Page 9
ITEM 16. CONSIDER A RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL
YEAR ENDING JUNE 30, 2010.
09" ~~'
ITEM 17.
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ITEM 18.
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ITEM 19.
09- 7'1
Comment: A public hearing was held on February 24, 2009, to receive public input on
the fiscal year (FY) 2010 Operating Budget. State law requires that the City adopt only
a one-year budget. Council now proceeds to adopt the annual budget for the fiscal year
ending June 30, 2010 (FY2010) so that it may be certified to the Johnson County
Auditor by March 15, 2009 in the format required by the State. ~-
Action:
CONSIDER A RE~UTION APPROVING THE THREE YEAR FI ANCIAL PLAN
FOR THE CITY OF IOWA CITY, IOWA, AND THE FIVE YEAR CAPITAL
IMPROVEMENTS PROGRAM EXCLUDING HUMAN SERVICES AID TO AGENCIES
AND COMMUNITY EVENT AND PROGRAM FUNDING.
7/G'
Comment: A public hearing was held on February 24, 2009, to receive public input on
the FY2010 through FY2012 three-year Financial Plan and the five-year Capital
Improvements Program through Fiscal Year 2013. Council now proceeds to adopt the
three-year Financial Plan and five-year Capital Improvements Program with the
exception of the expenditures for Human Services Aid to Agencies totaling $425,268,
and the expenditures for Community Events totaling $85,162 which will be approved by
separate resolutions.
Action:
CONSIDER A RESOLUTION APPROVING AND ALLOCATING THE HUMAN
SERVICES AID TO AGENCIES BUDGET FOR FY2010.
Comment: See above.
Action: i bltir~ ~/`-~ °~' ~r~i 5 fl
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CONSIDER A RESOLUTION APPROVING AND ALLOCATING COMMUNITY
EVENT AND PROGRAM FUNDING FOR FY2010.
Comment: See above.
Action:
/a
March 10, 2009 City of Iowa City Page 10
ITEM 20. CONSIDER A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY
pR~ ?g OF IOWA CITY AND THE ARTIST FOR THE IOWA CITY WATER WORKS PRAIRIE
PARK SCULPTURE AND AUTHORIZING THE MAYOR TO EXECUTE AND THE
CITY CLERK TO ATTEST THE SAME.
ITEM 21
Comment: The Public Art Advisory Committee has been working with Dale Merrill of
Liberty Iron Works, Mt. Vernon, Iowa to create a sculpture for the Water Works Prairie
Park located in the Sculpture Meadow area of the park. A portion of this project will be
paid with the remainder of FY09 Public Art funds and the balance with FY10 Public Art
funding that will be authorized at the March 10 City Council meeting.
Action:
5/a
• •~~~
COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be 18
years of age unless specific qualifications are stated.
a) Airport Commission -One vacancy to fill asix-year term March 1, 2009 -
March 1, 2015. (Term expires for Randy Hartwig) (3 males and 1 female
currently serve). ,,,, ~ . ~ G ~ ~ . _
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b) Airport~zofiing Brd of Adjustment -One vaca~cy to fill afive-year term January
1, 2009 -December 31, 2013. (Term expires for Dennis Keitel) (2 males and 0
females currently serve). _/ / /
c) Appeals, Board of -One vacancy to fill afive-year term January 1, 2009 -
December 31, 2013, one for a Mechanical Professional. (Term expires for Tim
Fehr) (5 males and 1 female currently serve). / /
/JO ~o~~c~a~3 rte-- a4UPN'~i Se
d) Senior Center Commission -Two vacancies to fill three-year terms January 1,
2009 -December 31, 2011. (Term expires for Robert Engel, David Gould) (3
males and 2 females currently serve).
1~_•rc.~~s ~ ~a ~ - #C I ~~ (803 C ~~.
e) JCCOG Cool Cities Taskforce -One At-Large/Public vacancy to fill aone-year
term, effective upon appointment, ending March, 2010.
March 10, 2009 City of Iowa City Page 11
ITEM 22. ANNOUNCEMENT OF VACANCIES. 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.]
Previous:
a) Airport Zoninq Brd of Adjustment -One vacancy to fill an unexpired term,
effective upon appointment, plus afive-year term ending December 31, 2011.
(Carl Williams resigned) (3 males and 0 females currently serve).
b) Airport Zoninq Commission -One vacancy to fill asix-year term January 1,
2006 -December 31, 2011. (Term expires for Mark Anderson) (3 males and 0
females currently serve).
c) Historic Preservation Commission -One vacancy, College Green District
Representative, to fill athree-year term March 29, 2009 -March 29, 2012.
(Term expires for Pam Michaud) (5 males and 4 females currently serve).
d) Telecommunications Commission -Two vacancies to fill three-year terms
March 13, 2009 -March 13, 2012. (Term expires for Brett Gordon, Saul
Mekies) (3 males and 0 females currently serve)
e) Youth Advisory Commission -Two vacancies
One (1) person - At Large
Effective upon appointment and ending December 31, 2009.
(Danielle Malatek resigned)
One (1) person -Tate High
January 1, 2009 -December 31, 2010.
(2 male and 3 females currently serve)
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, MARCH 18, 2009.
ITEM 23. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
ITEM 24. CITY COUNCIL INFORMATION.
- O ''
March 10, 2009 City of Iowa City Page 12
ITEM 25. REPORT ON ITEMS FROM CITY STAFF.
a) City Manager. ~~~ ~X ~~
b) City Attorney. -~ 0 '
c) City Clerk. ~ ~ ,
ITEM 26. ADJOURNMENT
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