HomeMy WebLinkAbout2009-03-10 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office 356-5040.
COMPLETE DESCIPRTION OF COUNCIL ACTIVITIES
MARCH 10, 2009
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, Knoche,
Rocca, Miklo, O'Malley, Bollinger.
The Mayor proclaimed Special Olympics Month -March 2009, Joyce Rossie, Special
Olympics, University of Iowa and several Special Olympians accepting; Meals on Wheels
Day -March 18, 2009, Mary Wiemann, Executive Director accepting.
The Mayor presented Outstanding Student Citizenship Awards to Grant Wood
Elementary students: Jordan Cronbaugh, Kody Leuang and Tyla Robinson.
Moved by Champion, seconded by O'Donnell, that the following items and
recommendations in the Consent Calendar be received, approved, and/or adopted as
amended:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: February 23, Council Work Session; February 24, 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): Human
Rights Commission -January 27, 2009; Telecommunications Commission -January
26, 2009; Parks and Recreation Commission -January 7, 2009; Housing &
Community Development Commission -December 18, 2008; Animal Care Task Force
- February 5, 2009; Public Library -January 22, 2009; Airport Commission -January 8,
2009; Airport Commission -February 5, 2009; Youth Advisory Commission -January
8, 2009.
Permit Motions and Resolutions as Recommended by the City Clerk.
Renewal: Class C Liquor License for Graze Iowa City, LLC, dba Graze, 115 E. College
St.; Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Food & Drugstore #1 and
Regal Liquor, 1720 Waterfront Dr.
Public Hearings: RES. 09-67, SETTING A PUBLIC HEARING ON AMENDING
THE FY2009 OPERATING BUDGET; RES. 09-68, 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.
Resolutions: RES. 09-69, 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 832 LONGFELLOW COURT, IOWA CITY, IOWA; RES.
09-70, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLE-R1~TD
ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA
Complete Description
March 10, 2009
Page 2
CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED
AT 1552 DICKENSON LANE, IOWA CITY, IOWA.
Correspondence: JCCOG Traffic Engineering Planner regarding 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; Charlotte Walker
regarding Senior Center holidays [staff response included]; Gary Fairmont Filosa II
regarding Street repair on Van Buren; Peter Ziegenhorn regarding Wal-Mart; Caitlin
Lombardo regarding Landfill [staff response included]; School closing letters from David
Gurwell, Marshall Poe and Julianna Tymoczko, David Wieseneck; Jonathan Kimmel
regarding Litter; Mike Barker regarding Hilltop Mobile Park and Shelter House; Elias
Zaharias regarding No Child Left Behind fallacies; Local Option Sales Tax letters from
Chris Arch [staff response included], Peter Cram; Bob Saunders regarding Homeless
Village on S. Riverside Drive.
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 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) (Country Club Estates, Parts 3-8). The Mayor requested
the Council Members disclose ex parte communications. Individual Council Members shared
communications, and expressed their views. The following individuals appeared: Robert
Hegeman, 44 Tucson Place; Larry Jewell, 53 Tucson Place; Dave Tokuhisa, 3305 Rohret Rd.
SW; Kolleen Shields, 3335 Rohret Rd. SW; Diana Thrift, 3329 Rohret Rd. SW; Dev. Brian
Speer, S & J Development; Chester Schulte, 1812 Rohret Court; Ron Amelon, MMS
Consultants; Sarah Jewell, 53 Tucson Place; Judy Tokuhisa, 3305 Rohret Rd. SW; PCD Dir.
Davidson and Sr. Planner Miklo present for discussion. Moved by Wilburn, seconded by
Wright, to accept correspondence from Larry & Sarah Jewel (2), Gordon Dyer, Raj and
Rebekah Tokuhisa (3), Amanda, Adam & Jason Rohrer (2), Nancy Hitchon, Chester Schulte,
Judy and Dave Tokuhisa (3), Larry Jewell (2), Adam, A. Brittany & Jason Rohrer, and notarized
petitions submitted by Larry Jewell. Moved by Wilburn, seconded by Wright, to continue the
public hearing to March 24. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
Moved by Champion, seconded by Wilburn, to defer to March 24 the first vote of
ordinance 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)
(Country Club Estates, Parts 3-8). 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
Complete Description
March 10, 2009
Page 3
which it is to be finally passed be suspended, the second consideration and vote be waived,
and that ORD. 09-4327, REZONING APPROXIMATELY 2.97 ACRES OF LAND 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) (Hickory Pointe), 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
Wright, 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
Wilburn, seconded by Champion, to accept correspondence from Sarah Swartzendruber.
The Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Wilburn, seconded by Hayek, to adopt RES. 09-71, APPROVING THE
PRELIMINARY PLAT OF HICKORY POINTE, IOWA CITY, IOWA (SUB08-00011). The
Mayor declared the resolution adopted, 7/0, all Council Members present.
A public hearing was held on an ordinance 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". No one appeared.
Moved by Champion, seconded by Correia, that the ordinance 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", be given first vote. 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 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". No one appeared.
Moved by Wright, seconded by Champion, that the ordinance 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", be given first vote. The Mayor declared the motion carried, unanimously, 7/0, all
Council Members present.
A public hearing was held on a resolution 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.
No one appeared.
Moved by Hayek, seconded by O'Donnell, to adopt RES. 09-72, 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. Fire Chief Rocca appeared. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the resolution adopted.
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. 09-4328, AMENDING TITLE 17 OF THE CITY CODE, ENTITLED "BUILDING
AND HOUSING," CHAPTER 2, ENTITLED, "ELECTRICAL CODE,"TO ADOPT THE STATE
Complete Description
March 10, 2009
Page 4
ELECTRICAL STANDARDS AND ANNEX H OF THE 2008 EDITION OF THE NATIONAL
ELECTRICAL CODE AS THE CITY'S ELECTRICAL CODE, 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 Wilburn, seconded by Hayek, that the 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. 09-4329, AMENDING TITLE 17 OF THE CITY CODE, ENTITLED "BUILDING
AND HOUSING," CHAPTER 11, ENTITLED, "LICENSING," TO MAKE 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, 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 Hayek, 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 Wright, seconded by Champion, that ORD. 09-4330, AMENDING THE CITY
CODE OF THE CITY OF IOWA CITY, IOWA, BY REVISING TITLE 4, ENTITLED
"ALCOHOLIC BEVERAGES," 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), be passed and adopted. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted.
Moved by Champion, seconded by Wright, that ORD. 09-4331, AMENDING TITLE 13,
ENTITLED "AIRPORTS AND AVIATION," CHAPTER 1, ENTITLED, "AIRPORT
COMMISSION," TO CHANGE THE TERMS OF THE COMMISSIONERS FROM SIX (6)
YEARS TO FOUR (4) YEARS, be passed and adopted. Affirmative roll call vote unanimous,
7/0, all Council Members present. The Mayor declared the ordinance adopted.
Moved by Wright, seconded by Wilburn, that ORD. 09-4332, AMENDING TITLE 1,
ENTITLED "ADMINISTRATION," CHAPTER 4, ENTITLED "GENERAL PENALTY,"
SECTION 2D TO PROVIDE THAT 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, be passed and adopted. The Mayor declared the ordinance
adopted, 6/1, with the following division of roll call vote. Ayes: Hayek, O'Donnell, Wilburn,
Wright, Bailey, Champion. Nays: Correia. Absent: None.
Moved by Wilburn, seconded by Wright, to adopt RES. 09-73, AUTHORIZING
EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND THE IOWA DEPARTMENT OF TRANSPORTATION REGARDING CERTAIN
OBLIGATIONS INVOLVING THE SHARING OF DIGITAL DATA. 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. 09-74, ADOPTING THE
ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2010, as amended.
Complete Description
March 10, 2009
Page 5
Individual Council Members expressed their views. Moved by Correia to reduce the General
Fund support to the Airport to $100,000. Individual Council Members expressed their views.
The Mayor declared the motion dead for lack of a second. Moved by Hayek, seconded by
O'Donnell, to exclude Fire Station # 4 personnel and operating expenses from the FY10
budget and include that expanded service level in the priority setting process. Individual
Council Members expressed their views. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present. The Mayor declared the amended resolution
adopted unanimously by affirmative roll call vote, 7/0, all Council Members present. Moved
by Wilburn, seconded by Wright, to accept correspondence from Tom and Kathy Lynch. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Champion, seconded by Wilburn, to adopt RES. 09-75, APPROVING THE
THREE YEAR FINANCIAL 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, as amended. Moved
by Correia, seconded by O'Donnell, to amend the CIP (Capital Improvements Program) by
removing the I-80 aesthetic improvement project, from Highway 1 to the river. City Engr.
Knoche present for discussion. The Mayor declared the motion carried, 4/3, with the following
voice vote: Ayes: Wilburn, Correia, Champion, O'Donnell. Nays: Wright, Hayek, Bailey.
The Mayor declared the amended resolution adopted unanimously by affirmative roll call
vote, 7/0, all Council Members present.
Council Members Champion and Correia abstained due to a conflict of interest.
Moved by Wilburn, seconded by Wright, to adopt RES. 09-76, APPROVING AND
ALLOCATING THE HUMAN SERVICES AID TO AGENCIES BUDGET FOR FY2010.
Affirmative roll call vote unanimous, 5/0, Champion and Correia abstaining. The Mayor
declared the resolution adopted.
Moved by Champion, seconded by Wright, to adopt RES. 09-77, APPROVING AND
ALLOCATING COMMUNITY EVENT AND PROGRAM FUNDING FOR FY2010. Affirmative
roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution adopted.
Moved by Champion, seconded by Wilburn, to adopt RES. 09-78, APPROVING AN
AGREEMENT BETWEEN THE CITY 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. Neighborhood Services
Planner Bollinger present for discussion. Individual Council Members expressed their views.
The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote.
Ayes: O'Donnell, Wilburn, Wright, Bailey, Champion. Nays: Correia, Hayek.
Moved by Hayek, seconded by Wright, to appoint Minnetta Gardinier, 1527 Muscatine
Avenue, to the Airport Commission to fill asix-year term March 1, 2009 -March 1, 2015;
appoint Mercedes Bern-Klug, 1803 C Street, to the Senior Center Commission for one
vacancy to fill three-year term January 1, 2009 -December 31, 2011; appoint Thomas
Carsner, 1627 College Court Place, to the JCCOG Cool Cities Taskforce for an At-
Large/Public vacancy to fill cone-year term, effective upon appointment, ending March,
2010. The Mayor declared the motion carried unanimously, 7/0, all Council Members
present. Moved by Champion, seconded by Wilburn, to accept correspondence from
Complete Description * Revised 3/23/09
March 10, 2009
Page 6
* Minnetta Gardinier. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
The Mayor noted that no applications were received for the following Boards and will
be readvertised: Airport Zoning Brd of Adjustment to fill afive-year term January 1, 2009 -
December 31, 2013; Senior Center Commission for one vacancy to fill three-year term
January 1, 2009 -December 31, 2011; Appeals, Board of to fill afive-year term January 1,
2009 -December 31, 2013, one for a Mechanical Professional. 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: 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; Historic Preservation Commission for one College Green District
Representative, to fill athree-year term March 29, 2009 -March 29, 2012;
Telecommunications Commission for two vacancies to fill three-year terms March 13, 2009 -
March 13, 2012; Youth Advisory Commission for two vacancies (1) person At Large Effective
upon appointment and ending December 31, 2009 and (1) person -Tate High January 1,
2009 -December 31, 2010. Applications must be received by 5:00 p.m., Wednesday, March
18, 2009.
City Manager Lombardo noted the At A Glance newsletter in last week's information
packet; reported he would be gone the week of March 16; and announced the City had
received $1.3 million RISE money for the 420th Street reconstruction at the City industrial
Park.
Moved by Hayek, seconded by Correia, to adjourn 9:35 p.m. The Mayor declared the
motion carried unanimously, 7/0, all Council Members pres nt.
R is D. Bailey, M r
9~
Ma ~ n K. Karr, City Clerk
Complete Description
March 10, 2009
Page 6
Minnette Gardinier. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
The Mayor noted that no applications were receive for the following Boards and will
be readvertised: Ai port Zoning Brd of Adjustment to fill a , ve-year term January 1, 2009 -
December 31, 201 • Senior Center Commission for one vacancy to fill three-year term
January 1, 2009 - D cember 31, 2011; Appeals, Board bf to fill afive-year term January 1,
2009 -December 31, 013, one for a Mechanical Professional. Applicants MUST reside in
Iowa City and be 18 ye rs of age unless specific qua fications are stated. [Staff will not
publish additional notice after a period of six publi tions; but will continue to advertise
vacancies with postings a on the Council agen .However, no additional publication
costs will be incurred.]
The Mayor noted the p viously announ ed vacancies: Airport Zoning Brd of
Adjustment to fill an unexpired rm, effective pon appointment, plus afive-year term ending
December 31, 2011; Airport Zoni Commis ion to fill asix-year term January 1, 2006 -
December 31, 2011; Historic Pres Ovation
Representative, to fill athree-year to m M
Telecommunications Commission for
March 13, 2012; Youth Advisory Com
upon appointment and ending Decem e
2009 -December 31, 2010. Applic ions
18, 2009.
ommission for one College Green District
rch 29, 2009 -March 29, 2012;
vacancies to fill three-year terms March 13, 2009 -
sion for two vacancies (1) person At Large Effective
31, 2009 and (1) person -Tate High January 1,
ust be received by 5:00 p.m., Wednesday, March
City Manager Lombardo n ed the At Glance
packet; reported he would beg a the week o March
received $1.3 million RISE mo ey for the 420th treet
Park.
Moved by Hayek, se onded by Correia, to a jo
motion carried unanimous , 7/0, all Council Membe
newsletter in last week's information
16; and announced the City had
reconstruction at the City industrial
am 9:35 p.m. The Mayor declared the
present.
enia D. Bailey, Mayor
Marian K. Karr, Cyfy Clerk
r --
~~'-..=.®~r,~ C[TY CaF [OWA CITY 4a1
~,~ r, ~~
~E~~RA~DI~~
Date: March 4, 2009
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, February 23, 2009, 6:37 PM in Emma J. Harvat Hall
Council: Bailey, Champion, Correia (left 8:32), Hayek, O'Donnell, Wilburn, Wright
UISG: Gunn
Staff: Lombardo, Helling, Dilkes, Karr, Moran, Davidson, Boelk, Hennes, O'Malley, Lewis
(A complete transcription is available in the City Clerk's Office)
The Mayor announced that agenda item discussion would be moved up on the agenda prior to
budget discussion.
COUNCIL APPOINTMENTS
Airport Zoning Board of Adjustment - no applicants, re-advertise
Airport Zoning Commission - no applicants, re-advertise
Board of Appeals -Chad Campion
Civil Service Commission - William Cook
Historic Preservation Commission -Frank Wagner, Ginalie Swaim, Ester Baker, re-advertise
College Green
Telecommunications Commission - no applicants, re-advertise
VISION IOWA APPLICATION FOR THE SAND LAKE PROJECT (IP3 of 2/19 Info Packet]
City Manager Lombardo and Acting Parks & Rec. Dir. Moran presented information. After
discussion a majority directed the City Manager to write a letter withdrawing the application.
STAFF ACTION: Letter written and sent. (Lombardo)
AGENDA ADDITION
Majority agreed to add to the formal agenda item # 15B - a resolution supporting the American
Recovery and Reinvestment Act federal funding recommendation for the Iowa City projects as
approved by the Johnson County Council of Governments transportation technical advisory
committee.
SCHOOL DISTRICT'S FACILITIES PLAN (IP4 of 2/191nfo Packet &2/24 agenda item3g8]
PCD Dir. Davidson present for discussion. After discussion there was not consensus to write a
letter to the School Board.
PARKS AND RECREATION FEES agenda item #14]
Acting Parks & Rec. Dir. Moran present for discussion. Majority agreed to proceed.
Council Work Session
February 23, 2009
Page 2
AGENDA ITEMS
1. (agenda item # 8 -ordinance amending Title17 ... building and Housing ... licensing ...
journeyman or Class B Master Electrician License) Sr. Bldg. Inspector Hennes present for
discussion.
2. (Consent calendar item # 3f(1)- resolution ... trail easement agreement and a sanitary sewer
easement ... 820 and 830 S. Riverside Drive ...) PCD Dir. Davidson present for discussion.
BUDGET (agenda item #6]
After discussion a majority agreed to a special work session at 5:30 PM on Wednesday, March
4, to begin discussion of the priority setting process; and requested that the resolutions
approving Aid to Agencies and community.
In response to City Manager Lombardo, a majority agreed to move $1 million capital costs for
Fire Station # 4 to an inter fund loan (rather than reduce the fund balance).
SALES TAX agenda item #15]
City Atty. Dilkes facilitated discussion. Majority agreed to proceed as outlined.
INFORMATION PACKET DISCUSSION (2/12 and 2/19J
City Manager Lombardo noted an email that many may have received re County Emergency
Management sponsoring "Incident Command and Emergency Operations Center Interface,
System Overview for Executives and Senior Officials", and encouraged attendance. HE stated
he had more information available.
COUNCIL TIME
1. Council Member Champion reported that she felt the City overestimated the amount of
delivery vehicles on Dubuque Street, noting the morning hours seem busier but 60% of the
day the loading zones were empty. Mayor Bailey questioned the need for the loading zones
in the afternoon.
SCHEDULE OF PENDING DISCUSSION ITEMS
UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS
1. Mayor Bailey noted the importance of everyone attending the JCCOG meeting
Wednesday evening, and stated she would be attending as alternate for Council
Member Wilburn.
2. Council Member Hayek stated he would be attending he Coralville/North Liberty Rotary
to discuss sales tax.
DISCUSSION OF MEETING SCHEDULE
None
Meeting adjourned 8:50 PM.
4a 2
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office 356-5040.
The cost of publishing the following proceedings and claims is $
Cumulative cost of this calendar year for said publication is $_
OFFICIAL COUNCIL ACTIONS - 2/24/09
Iowa City 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 presented Outstanding Student Citizenship Awards to Regina Elementary
students: Ashley Gaffey, Grant Hogan, and Jamie Porter.
The Mayor proclaimed National Women and Girls HIV/AIDS Awareness Day -March
10, 2009. Kim Lamon, United Action For Youth, accepting.
Moved and seconded that the following items and recommendations in the Consent
Calendar be received, approved, and/or adopted as amended:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: February 9, Council Work Session; February 9, Special Council Formal
Official and Complete; February 10, Special Council Formal Official and Complete;
February 17, 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 -January 8, 2009; Planning and Zoning Commission -January
15, 2009; Police Citizens Review Board -January 13, 2009; Historic Preservation
Commission -January 8, 2009; Public Art Advisory Committee -January 8, 2009;
Permit Motions and Resolutions as recommended by the City Clerk: Renewal:
Class E Liquor License Hy-Vee Food Store#2, 812 S First Ave._ Class C Beer Permit
for Fareway Stores, Inc. #950, 2530 Westwinds Dr.; Class C Beer Permit for Fareway
Stores, Inc. #034, 2765 Commerce Dr.; Class B Beer Permit for Godfathers Pizza, 53'.
Hwy 1 West; Special Class C Liquor License for Devotay, 117 N Linn St.; Class C
Liquor License for Donnelly's Pub,110 E College St.; Class C Liquor License for EI
Ranchero Mexican Restaurant, 21 Sturgis Corner Dr.; Class B Liquor License for
Sheraton Iowa City, 210 S Dubuque St.; Outdoor Service Area for Sheraton Iowa City,
210 S Dubuque St.; RES. 09-51, TO ISSUE DANCE PERMIT for the Sheraton Iowa
City, 210 S Dubuque St.
Motions. Approve disbursements in the amount of $13,736,711.30 for the
period of January 1 through January 31, 2009, as recommended by the Finance
Director subject to audit.
Public Hearings: Set a public hearing for March 10, 2009 on an ordinance
amending Title 16, Chapter 16 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; Set a public hearing for March 10, 2009 on an
ordinance amending Title 16, Chapter 16 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"; Set a public hearing for March 10, 2009
Official Actions
February 24, 2009
Page 2
on a lease with the Joint Emergency Communications Services Association of
Johnson County for placement of a monopole telecommunications tower at fire station
3.
Resolutions: RES. 09-52, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST A TRAIL EASEMENT AGREEMENT AND A SANITARY
SEWER EASEMENT AGREEMENT AND TO RELEASE CERTAIN EASEMENTS
LOCATED ON 820 AND 830 S. RIVERSIDE DRIVE, IOWA CITY, IOWA; RES. 09-53,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
STORM WATER MANAGEMENT EASEMENT AGREEMENT PERTAINING TO
JOHNSON COUNTY JOINT EMERGENCY COMMUNICATION CENTER 4529
MELROSE AVENUE, IOWA CITY, IOWA; RES. 09-54, AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE
AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN
THE CITY OF IOWA CITY, LANDOWNER THREE GUYS HOLDINGS, LLP, AND
TENANT J.J.G., L.L.C., D/B/A T-SPOONS, FOR A SIDEWALK CAFE; RES. 09-55,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC
RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER
MIDWESTONE BANK, AND TENANT ICBB, LTD, D/B/A BROWN BOTTLE, FOR A
SIDEWALK CAFE; RES. 09-56, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR
TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA
CITY, LANDOWNER MOKA JAVA LLC, AND TENANT LUSATI, INC, D/B/A
QUINTON'S BAR & DELI, FOR A SIDEWALK CAFE; RES. 09-57, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A
LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
BETWEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN, AND TENANT
GRAZE IOWA CITY LLC, D/B/A GRAZE, FOR A SIDEWALK CAFE; RES. 09-58,
ACCEPTING THE WORK FOR THE 2008 SANITARY SEWER REHABILITATION
PROJECT; RES. 09-59, 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 1622 WILSON STREET, IOWA CITY, IOWA; RES. 09-60,
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 1702
GRYN DRIVE, IOWA CITY, IOWA; RES. 09-61, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING
A MORTGAGE FOR THE PROPERTY LOCATED AT 1706 FLATIRON AVENUE,
IOWA CITY, IOWA.
Correspondence: JCCOG Traffic Engineering Planner regarding Installation of
(1) YIELD sign on the southeast corner of the intersection of Tracy Lane and Davis
Street; JCCOG Traffic Engineering Planner regarding Installation of (2) NO PARKING
ANYTIME signs and supplemental arrows in front of the home at 1110 East College
Street; JCCOG Traffic Engineering Planner regarding Installation of NO PARKING
Official Actions
February 24, 2009
Page 3
ANYTIME signs on the east side of Heinz Road between Highway 6 and Paddock
Boulevard; JCCOG Traffic Engineering Planner: Installation of NO PARKING
ANYTIME signs on the west side of Emerald Street between Melrose Avenue and 20
feet south of the water pump station access driveway; Joseph Jason regarding Daniel
Jason letters - Asperger Syndrome Honor Roll Student; David Coss regarding
Congratulations on appointment to the UNESCO Creative Cities Network; Nathan
Stalheim regarding Parking complaint [staff response included]; regarding Closing of
Roosevelt Elementary/School District Facilities Plan, Sheila Knoploh-Odole Chris
Blaumueller, Mark Cannon, Meredith Sewell, Rachel Zimmermann Smith, Dannye
Frerichs, Greg Nims, Lindsay A. Park, Paula Swygard, Mary Knudson, Leslie Huber,
Judith Pascoe, Tim Taffe, Karen Nichols, Julia Wasson, Ranae McKay, Niki and Ron
Neems (2), Elizabeth Cook, Melissa Moreton and Brian Gotwals, Daniel Smith, Eric
Gidal, Jill De Young, Helen Burford, Tim Weitzel, Diana Colgan, Brandon Ross.
The Mayor declared the motion carried.
Candy Barnhill, 154 Friendship, appeared requesting Council consideration of an
ordinance regarding early morning snow removal and tree maintenance equipment sounds,
noting construction equipment is not allowed prior to 7:00 AM. The City Manager stated staff
would report back.
Moved and seconded to set a public hearing for March 10 on an ordinance rezoning
18.58-acres of land located north of Rohret Road from Interim Development Residential (ID-
RS) to Low Density Single Family Residential (RS-5), 44.29 acres from Rural Residential
(RR-1) to Low Density Single Family Residential (RS-5), and 82.3 acres from Low Density
Single Family Residential (RS-5) to Planned Development Overlay Low Density Single
Family Residential (OPD-5) (REZ08-00011) (Country Club Estates, Part 3-8). The Mayor
declared the motion carried.
A public hearing was held on a ordinance rezoning 2.97 -acres of land 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). Duane Musser, MMS Consultants, appeared.
Moved and seconded that the ordinance rezoning 2.97 -acres of land 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), be given first vote. The Mayor declared the motion carried.
Moved and seconded to defer indefinitely sending a letter to the Johnson County
Board of Supervisors recommending the denial of a rezoning from County Agriculture (A) to
County Residential (R) Zone for 39.80 acres located east of Buchmayer Bend NE and west of
Hwy 1 NE. (CZ09-00002). The Mayor declared the motion carried. Moved and seconded to
accept correspondence from Sandra Steil. The Mayor declared the motion carried.
A public hearing was held to discuss the proposed operating budget for the Fiscal
Year July 1, 2009 through June 30, 2010, the proposed Three-Year Financial Plan, and also
the Multi-Year Capital Improvements Program through Fiscal Year 2013. Scott Larson, C
Free Wireless, appeared.
A public hearing was held on an ordinance amending Title 17 of the City Code, entitled
"Building and Housing," Chapter 2, entitled, "Electrical Code," to adopt the State Electrical
'~ Official Actions
February 24, 2009
Page 4
Standards and Annex H of the 2008 Edition of the National Electrical Code as the City's
Electrical Code.
Moved and seconded that the ordinance amending Title 17 of the City Code, entitled
"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, 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 11, entitled, "Licensing," to make 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, be given first vote. The
Mayor declared the motion carried.
Moved and seconded that the ordinance amending the City Code of the City of Iowa
City, Iowa, by revising Title 4, entitled "Alcoholic Beverages," 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), be given second vote. The Mayor
declared the motion carried.
Moved and seconded that the ordinance amending Title 13, entitled "Airports and
Aviation," Chapter 1, entitled, "Airport Commission," to change the terms of the
commissioners from six (6) years to four (4) years, be given second vote. The Mayor
declared the motion carried.
Moved and seconded that the ordinance amending Title 1, entitled "Administration,"
Chapter 4, entitled "General Penalty," Section 2D to provide that 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, be given second vote. The Mayor declared the motion carried.
Moved and seconded to adopt RES. 09-62, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND THE UNIVERSITY OF IOWA TO USE A PORTION OF CITY STREETS
AND PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND
MAINTENANCE OF CHILLED WATER LINES AND STEAM DISTRIBUTION LINES IN
CONNECTION WITH UNIVERSITY OF IOWA'S HEATING AND COOLING SYSTEMS.
Moved and seconded to adopt RES. 09-63, NAMING THE OFF-LEASH DOG PARK
LOCATED WITHIN SCOTT PARK, IOWA CITY, IOWA, "RITA'S RANCH OFF-LEASH DOG
PARK". Diana Harris, President JC Dog PAC, appeared.
Moved and seconded to adopt RES. 09-64, ESTABLISHING A REVISED SCHEDULE
OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS.
Moved and seconded to adopt RES. 09-65, REQUESTING SUBMISSION OF THE
QUESTION OF THE IMPOSITION OF A LOCAL SALES AND SERVICES TAX TO THE
QUALIFIED ELECTORS OF THE INCORPORATED AND UNINCORPORATED AREAS OF
JOHNSON COUNTY. Deborah Thornton, 631 Scott Park Dr., appeared. Individual Council
Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted. Correspondence received
from Tom Carsner (2), Kay Seery, Tom Novak.
Moved and seconded to adopt RES. 09-66, SUPPORTING THE AMERICAN
RECOVERY AND REINVESTMENT ACT FEDERAL FUNDING RECOMMENDATION FOR
Official Actions
February 24, 2009
Page 5
THE IOWA CITY PROJECTS AS APPROVED BY THE JOHNSON COUNTY COUNCIL OF
GOVERNMENTS TRANSPORTATION TECHNICAL ADVISORY COMMITTEE.
Moved and seconded to make the following appointments to Boards and
Commissions: Chad Campion, 3015 Pinecrest Road, to the Board of Appeals to fill a five-
yearterm January 1, 2009 -December 31, 2013; re-appoint William Cook, 45 Edgewood
Circle, to the Civil Service Commission to fill afour-year term April 6, 2009 -April 1, 2013;
re-appointing to the Historic Preservation Commission for three-year terms March 29, 2009 -
March 29, 2012: Frank Wagner, 1104 Muscatine Avenue, At-Large; Ginalee Swaim, 1024
Woodlawn, Woodlawn Rep.; and Esther Baker, 1022 E. College Street, East College
Representative. The Mayor declared the motion carried.
The Mayor noted that no applications were received for the following Boards and
Commissions and all 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; Historic Preservation Commission for one College Green District Representative, to
fill three-year terms March 29, 2009 -March 29, 2012; Telecommunications Commission for
two vacancies to fill three-year terms March 13, 2009 -March 13, 2012. Applicants MUST
reside in Iowa City and be 18 years of age unless specific qualifications are stated.
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: Airport Commission to fill asix-
yearterm March 1, 2009 -March 1, 2015; Airport Zoning Brd of Adjustment to fill afive-year
term January 1, 2009 -December 31, 2013; Appeals, Board of to fill afive-year term January
1, 2009 -December 31, 2013, one for a Mechanical Professional; Senior Center Commission
for two vacancies to fill three-year terms January 1, 2009 -December 31, 2011; JCCOG
Cool Cities Taskforce for one At-Large/Public vacancy to fill cone-year term, effective upon
appointment, ending March, 2010. Applications must be received by 5:00 p.m., Wednesday,
March 4, 2009; Youth Advisory Commission for two vacancies, One At Large, Effective upon
appointment and ending December 31, 2009 and One for Tate High, January 1, 2009 -
December 31, 2010. Applications must be received by 5:00 p.m., Wednesday, March 18,
2009.
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 Departmen .
s/Regenia D. Bailey, Mayor ~~~~~~.~
s/Marian K. Karr, City Clerk
~~~~ ~ . ~~
Submitte for publication - 3/4/09.
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
FEBRUARY 24, 2009
Iowa City 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, Lewis, Moran,
O'Malley, Hennes, Knoche.
The Mayor presented Outstanding Student Citizenship Awards to Regina Elementary
students: Ashley Gaffey, Grant Hogan, and Jamie Porter.
The Mayor proclaimed National Women and Girls HIV/AIDS Awareness Day -March
10, 2009. Kim Lamon, United Action For Youth, accepting.
Moved by Champion, seconded by O'Donnell, that the following items and
recommendations in the Consent Calendar be received, approved, and/or adopted as
amended:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: February 9, Council Work Session; February 9, Special Council Formal
Official and Complete; February 10, Special Council Formal Official and Complete;
February 17, 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 -January 8, 2009; Planning and Zoning Commission -January
15, 2009; Police Citizens Review Board -January 13, 2009; Historic Preservation
Commission - January 8, 2009; Public Art Advisory Committee -January 8, 2009;
Permit Motions and Resolutions as Recommended by the City Clerk: Renewal:
Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Food Store#2, 812 S First Ave.
Class C Beer Permit for Fareway Stores, Inc., dba Fareway Stores, Inc. #950, 2530
Westwinds Dr.; Class C Beer Permit for Fareway Stores, Inc., dba Fareway Stores,
Inc. #034, 2765 Commerce Dr.; Class B Beer Permit for Stuff Corporation dba
Godfathers Pizza, 531 Hwy 1 West; Special Class C Liquor License for Devotay, Inc.,
dba Devotay, 117 N Linn St.; Class C Liquor License for Kmarcella, Inc., dba
Donnelly's Pub,110 E College St.; Class C Liquor License for EI Ranchero, Inc., dba EI
Ranchero Mexican Restaurant, 21 Sturgis Corner Dr.; Class B Liquor License for RBD
Iowa City, LLC, dba Sheraton Iowa City, 210 S Dubuque St.; Outdoor Service Area for
RBD Iowa City, LLC, dba Sheraton Iowa City, 210 S Dubuque St.; RES. 09-51, TO
ISSUE DANCE PERMIT for the Sheraton Iowa City, 210 S Dubuque St.
Motions. Approve disbursements in the amount of $13,736,711.30 for the
period of January 1 through January 31, 2009, as recommended by the Finance
Director subject to audit.
Public Hearings: Set a public hearing for March 10, 2009 on an ordinance
amending Title 16, Chapter 16 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; Set a public hearing for March 10, 2009 on an
ordinance amending Title 16, Chapter 16 entitled "City Utilities" of the City Code of
Complete Description
February 24, 2009
Page 2
Iowa City, Iowa, by adopting a new section 16-3B-10 entitled "project specific tap-on
fee for the Scott Park Trunk Sewer Project"; Set a public hearing for March 10, 2009
on a lease with the Joint Emergency Communications Services Association of
Johnson County for placement of a monopole telecommunications tower at fire station
3.
Resolutions: RES. 09-52, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST A TRAIL EASEMENT AGREEMENT AND A SANITARY
SEWER EASEMENT AGREEMENT AND TO RELEASE CERTAIN EASEMENTS
LOCATED ON 820 AND 830 S. RIVERSIDE DRIVE, IOWA CITY, IOWA; RES. 09-53,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
STORM WATER MANAGEMENT EASEMENT AGREEMENT PERTAINING TO
JOHNSON COUNTY JOINT EMERGENCY COMMUNICATION CENTER 4529
MELROSE AVENUE, IOWA CITY, IOWA; RES. 09-54, AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE
AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN
THE CITY OF IOWA CITY, LANDOWNER THREE GUYS HOLDINGS, LLP, AND
TENANT J.J.G., L.L.C., D/B/A T-SPOONS, FOR A SIDEWALK CAFE; RES. 09-55,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC
RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER
MIDWESTONE BANK, AND TENANT ICBB, LTD, D/B/A BROWN BOTTLE, FOR A
SIDEWALK CAFE; RES. 09-56, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR
TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA
CITY, LANDOWNER MOKA JAVA LLC, AND TENANT LUSATI, INC, D/B/A
QUINTON'S BAR & DELI, FOR A SIDEWALK CAFE; RES. 09-57, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A
LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
BETWEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN, AND TENANT
GRAZE IOWA CITY LLC, D/B/A GRAZE, FOR A SIDEWALK CAFE; RES. 09-58,
ACCEPTING THE WORK FOR THE 2008 SANITARY SEWER REHABILITATION
PROJECT; RES. 09-59, 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 1622 WILSON STREET, IOWA CITY, IOWA; RES. 09-60,
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 1702
GRYN DRIVE, IOWA CITY, IOWA; RES. 09-61, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING
A MORTGAGE FOR THE PROPERTY LOCATED AT 1706 FLATIRON AVENUE,
IOWA CITY, IOWA.
Correspondence: JCCOG Traffic Engineering Planner regarding Installation of
(1) YIELD sign on the southeast corner of the intersection of Tracy Lane and Davis
Street; JCCOG Traffic Engineering Planner regarding Installation of (2) NO PARKING
Complete Description
February 24, 2009
Page 3
ANYTIME signs and supplemental arrows in front of the home at 1110 East College
Street; JCCOG Traffic Engineering Planner regarding Installation of NO PARKING
ANYTIME signs on the east side of Heinz Road between Highway 6 and Paddock
Boulevard; JCCOG Traffic Engineering Planner: Installation of NO PARKING
ANYTIME signs on the west side of Emerald Street between Melrose Avenue and 20
feet south of the water pump station access driveway; Joseph Jason regarding Daniel
Jason letters - Asperger Syndrome Honor Roll Student; David Coss regarding
Congratulations on appointment to the UNESCO Creative Cities Network; Nathan
Stalheim regarding Parking complaint [staff response included]; regarding Closing of
Roosevelt Elementary/School District Facilities Plan, Sheila Knoploh-Odole Chris
Blaumueller, Mark Cannon, Meredith Sewell, Rachel Zimmermann Smith, Dannye
Frerichs, Greg Nims, Lindsay A. Park, Paula Swygard, Mary Knudson, Leslie Huber,
Judith Pascoe, Tim Taffe, Karen Nichols, Julia Wasson, Ranae McKay, Niki and Ron
Neems (2), Elizabeth Cook, Melissa Moreton and Brian Gotwals, Daniel Smith, Eric
Gidal, Jill De Young, Helen Burford, Tim Weitzel, Diana Colgan, Brandon Rass.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the motion carried.
Candy Barnhill, 154 Friendship, appeared requesting Council consideration of an
ordinance regarding early morning snow removal and tree maintenance equipment sounds,
noting construction equipment is not allowed prior to 7:00 AM. The City Manager stated staff
would report back.
Moved by Hayek, seconded by Wright, to set a public hearing for March 10 on an
ordinance rezoning 18.58-acres of land located north of Rohret Road from Interim
Development Residential (ID-RS) to Low Density Single Family Residential (RS-5), 44.29
acres from Rural Residential (RR-1) to Low Density Single Family Residential (RS-5), and
82.3 acres from Low Density Single Family Residential (RS-5) to Planned Development
Overlay Low Density Single Family Residential (OPD-5) (REZ08-00011) (Country Club
Estates, Part 3-8). The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
A public hearing was held on a ordinance rezoning 2.97 -acres of land 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) (Hickory Pointe). PCD Dir. Davidson and Sr. Building Inspector
Hennes present for discussion. Duane Musser, MMS Consultants, appeared. The Mayor
requested Council Members disclose ex parte communications, and none were reported.
Moved by O'Donnell, seconded by Correia, that the ordinance rezoning 2.97 -acres
of land 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), be 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 Correia, seconded by Wright, to defer indefinitely sending a letter to the
Johnson County Board of Supervisors recommending the denial of a rezoning from County
Agriculture (A) to County Residential (R) Zone for 39.80 acres located east of Buchmayer
Bend NE and west of Hwy 1 NE. (CZ09-00002). PCD Dir. Davidson present for discussion.
Complete Description
February 24, 2009
Page 4
The Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by O'Donnell, seconded by Wright, to accept correspondence from Sandra Steil. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
A public hearing was held to discuss the proposed operating budget for the Fiscal
Year July 1, 2009 through June 30, 2010, the proposed Three-Year Financial Plan, and also
the Multi-Year Capital Improvements Program through Fiscal Year 2013. Scott Larson, C
Free Wireless, appeared.
A public hearing was held on an ordinance amending Title 17 of the City Code, entitled
"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. No one appeared.
Moved by Wright, seconded by Champion, that the ordinance amending Title 17 of the
City Code, entitled "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, 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 Hayek, that the ordinance amending Title 17 of the
City Code, entitled "Building and Housing," Chapter 11, entitled, "Licensing," to make 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, 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 Hayek, that the ordinance amending the City Code
of the City of Iowa City, Iowa, by revising Title 4, entitled "Alcoholic Beverages," 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), be given
second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the motion carried.
Moved by O'Donnell, seconded by Champion, that the ordinance amending Title 13,
entitled "Airports and Aviation," Chapter 1, entitled, "Airport Commission," to change the
terms of the commissioners from six (6) years to four (4) years, be given second vote.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the motion carried.
Moved by Wright, seconded by Hayek, that the ordinance amending Title 1, entitled
"Administration," Chapter 4, entitled "General Penalty," Section 2D to provide that 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, be given second vote. The Mayor declared the motion
carried, 6/1, with the following roll call vote: Ayes: Wright, Bailey, Champion, O'Donnell,
Wilburn. Nays: Correia. Absent: None.
Moved by Champion, seconded by Correia, to adopt RES. 09-62, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA TO USE A
PORTION OF CITY STREETS AND PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION,
OPERATION AND MAINTENANCE OF CHILLED WATER LINES AND STEAM
Complete Description
February 24, 2009
Page 5
DISTRIBUTION LINES IN CONNECTION WITH UNIVERSITY OF IOWA'S HEATING AND
COOLING SYSTEMS. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the resolution adopted.
Moved by Correia, seconded by Hayek, to adopt RES. 09-63, NAMING THE OFF-
LEASH DOG PARK LOCATED WITHIN SCOTT PARK, IOWA CITY, IOWA, "RITA'S RANCH
OFF-LEASH DOG PARK". Diana Harris, President JC Dog PAC, appeared. Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Moved by Wright, seconded by Correia, to adopt RES. 09-64, ESTABLISHING A
REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION
SERVICES AND PROGRAMS. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Moved by Wilburn, seconded by Champion, to adopt RES. 09-65, REQUESTING
SUBMISSION OF THE QUESTION OF THE IMPOSITION OF A LOCAL SALES AND
SERVICES TAX TO THE QUALIFIED ELECTORS OF THE INCORPORATED AND
UNINCORPORATED AREAS OF JOHNSON COUNTY. Deborah Thornton, 631 Scott Park
Dr., appeared. Individual Council Members expressed their views. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
Correspondence received from Tom Carsner (2), Kay Seery, Tom Novak.
Moved by Wright, seconded by Correia, to adopt RES. 09-66, SUPPORTING THE
AMERICAN RECOVERY AND REINVESTMENT ACT FEDERAL FUNDING
RECOMMENDATION FOR THE IOWA CITY PROJECTS AS APPROVED BY THE
JOHNSON COUNTY COUNCIL OF GOVERNMENTS TRANSPORTATION TECHNICAL
ADVISORY COMMITTEE. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the resolution adopted.
Moved by Champion, seconded by Correia, to make the following appointments to
Boards and Commissions: Chad Campion, 3015 Pinecrest Road, to the Board of Appeals to
fill a five-year term January 1, 2009 -December 31, 2013; re-appoint William Cook, 45
Edgewood Circle, to the Civil Service Commission to fill a four-year term April 6, 2009 -April
1, 2013; re-appointing to the Historic Preservation Commission for three-year terms March
29, 2009 -March 29, 2012: Frank Wagner, 1104 Muscatine Avenue, At-Large; Ginalee
Swaim, 1024 Woodlawn, Woodlawn Rep.; and Esther Baker, 1022 E. College Street, East
College Representative. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
The Mayor noted that no applications were received for the following Boards and
Commissions and all 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; Historic Preservation Commission for one College Green District Representative, to
fill three-year terms March 29, 2009 -March 29, 2012; Telecommunications Commission for
two vacancies to fill three-year terms March 13, 2009 -March 13, 2012. Applicants MUST
reside in Iowa City and be 18 years of age unless specific qualifications are stated.
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
Complete Description
February 24, 2009
Page 6
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: Airport Commission to fill asix-
yearterm March 1, 2009 -March 1, 2015; Airport Zoning Brd of Adjustment to fill afive-year
term January 1, 2009 -December 31, 2013; Appeals, Board of to fill afive-year term January
1, 2009 -December 31, 2013, one for a Mechanical Professional; Senior Center Commission
for two vacancies to fill three-year terms January 1, 2009 -December 31, 2011; JCCOG
Cool Cities Taskforce for one At-Large/Public vacancy to fill cone-year term, effective upon
appointment, ending March, 2010. Applications must be received by 5:00 p.m., Wednesday,
March 4, 2009; Youth Advisory Commission for two vacancies, One At Large, Effective upon
appointment and ending December 31, 2009 and One for Tate High, January 1, 2009 -
December 31, 2010. Applications must be received by 5:00 p.m., Wednesday, March 18,
2009.
Council Member Correia reported on the JCCOG Joint Housing Task Force meeting
and stated the report would be to JCCOG at their March or May meeting.
Council Member Hayek noted the amount of misinformation on the Sales Tax and
encouraged citizens to become educated before the May 5 election; and noted a recent
article in the Corridor Business Journal ranking the Iowa City light industrial park on the east
side as the 5th largest in the corridor, stating the City was moving aggressively to recruit good
businesses to the area.
Council Member Wright reminded citizens that the annual Shelter House book sale
was scheduled for February 28.
Mayor Bailey echoed comments from Council Member Hayek encouraging citizens to
educate themselves on the upcoming Sales Tax election; and confirmed attendance by
Council at the JCCOG meeting on February 25.
City Manager Lombardo reported on the round table discussion with the Downtown
Authority on creating a SMID and the prospects of a downtown manager, and stated more
information will be provided.
City Atty. Dilkes clarified that revenues generated from the Sales Tax come from the
State monthly and not quarterly and was mentioned at the work session the previous
evening.
Moved by Wilburn, seconded by Hayek, to adjourn 8:05 p.m. The Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
Regenia D. Bailey, Mayor
Marian K. Karr, City Clerk