HomeMy WebLinkAbout2009-05-19 Council minutesSubject 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
MAY 19, 2009
Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Bailey presiding.
Council members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright.
Absent: None. Staff members present: Helling, Dilkes, Voparil, Davidson, Gannon.
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: May 4, Regular Council Work Session; May 5, Regular 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 -March 24, 2009; Parks and Recreation Commission -March 11,
2009; Telecommunications Commission -February 23, 2009; Senior Center
Commission -March 24, 2009; Senior Center Commission -December 16, 2008;
Planning and Zoning Commission -April 16, 2009; Public Library -March 26, 2009.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Class C Liquor License for Column, Inc., dba Sports Column, 12 S Dubuque St.
Renewal: Class C Liquor License for Linn Street Cafe, Inc., dba Linn Street Cafe, Inca.
121 N. Linn St.; Class C Liquor License for Quzer, Inc., dba Shakespeare's, 819 S.
First Ave.; Class C Beer Permit for Suburban Investors, LC, dba Suburban by
AMOCO, 370 Scott Ct.; Class C Liquor License for Pershell Corp., dba Colonial
Lanes, 2253 Highway 218 South; Class C Beer Permit for Kwik Trip, Inc., dba
Tobacco Outlet Plus #537, 923 S. Riverside Dr.; Class E Liquor License for Cigarette
Outlet, Inc., dba Cigarette Outlet #18, 1901 Broadway St.; Special Class C Liquor
License for Riverside Theatre dba Riverside Theatre, 213 N. Gilbert St.; Transfer of
Special Class C Liquor License for Riverside Theatre dba Riverside Theatre, 213 N.
Gilbert St. to Riverside Festival Stage in City Park (transfer dates June 10, 2009
through July 12, 2009); Class C Liquor License for Carl & Ernie Enterprises, LLC, dba
Carl & Ernie's Good Time Pub & Grub, 161 Highway 1 West.
Motions. Approve disbursements in the amount of $9,626,848.62 for the period
of April 1 through April 30, 2009, as recommended by the Finance Director subject to
audit.
Public Hearings: RES. 09-164, SETTING A PUBLIC HEARING ON JUNE 2,
2009 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF
COST FOR THE CONSTRUCTION OF THE 2009 PCC PAVEMENT PATCHING
PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING,
AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR
PUBLIC INSPECTION; RES. 09-165, SETTING A PUBLIC HEARING ON JUNE 2,
2009 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF
COST FOR THE CONSTRUCTION OF THE OLD HIGHWAY 218 RESURFACING
May 19, 2009
Complete Description
Page 2
[ESL-3715(643)--7S-52] PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE
OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID
PLANS ON FILE FOR PUBLIC INSPECTION; RES. 09-166, SETTING A PUBLIC
HEARING FOR JUNE 2, 2009, ON THE PROPOSED RATE AMENDMENT FOR
PARKING CITATIONS, PARKING METERS AND MONTHLY PARKING PERMITS.
Resolutions: RES. 09-167, AUTHORIZING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN
THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, CORALVILLE, IOWA
FORPROPERTY LOCATED AT 329 NORTH LUCAS, IOWA CITY, IOWA; RES. 09-
168, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY
LOCATED AT 3 PARTRIDGE COURT, IOWA CITY, IOWA; RES. 09-169,
ACCEPTING THE WORK FOR THE 2008 ASPHALT RESURFACING PROJECT;
RES. 09-170, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A DRAINAGE EASEMENT AGREEMENT AND A STORM SEWER
EASEMENT AGREEMENT FOR WINDSOR RIDGE- PART TWENTY "B", IOWA CITY,
IOWA; RES. 09-171, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A FIRE ACCESS EASEMENT AGREEMENT AND A PUBLIC SIDEWALK
EASEMENT AGREEMENT FOR LOT 4, BLOCK 103 IN THE ORIGINAL TOWN OF
IOWA CITY, IOWA, LOCALLY KNOWN AS 266 E. COURT STREET; RES. 09-172,
ACCEPTING PAYMENT OF $300 CIVIL PENALTY AND WAIVER OF RIGHT TO
HEARING FROM T.C.B. RES. 09-173, ACCEPTING PAYMENT OF $300 CIVIL
PENALTY AND WAIVER OF RIGHT TO HEARING FROM RED POPPY. RES. 09-
174, AUTHORIZING THE MAYOR TO SIGN A CERTIFICATION FOR USE OF
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FUNDS (A/K/A
STIMULUS) AT THE MUNICIPAL AIRPORT.
Correspondence. Scott Hamlin and Ros Hayslett regarding Railroad crossing;
Reuben Crandon regarding Curbside recycling [staff response included]; Dennis
Kowalski regarding School days; Sharon Evans regarding Funeral Planning Workshop
at Senior Center [staff response included]; James Adrian and Jack Piper regarding
Business signs; Tom Rocklin regarding Timeline of UI Alcohol Efforts; Letters from
Adam Stockman, Letters from Judy Leonard, Eric Knight regarding Increasing crime in
SE Iowa City; Arvind Thakore: Dolphin Lake Point; Tom Slockett: Local Sales and
Services Tax Election Update; Letters from Mark Renshaw, Barbara Stellmach
regarding Iowa City panhandling.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the motion carried.
Liz Ford, Friends of the Animal Center Foundation, presented information regarding
locating a shelter in a park type setting. Libris Fidelis, Capital House Apartments, requested
barriers be installed in parking facilities that face apartments to block glare from car lights.
Gary Sanders requested Council to direct the City Attorney to review the FBI records and
prepare a response regarding recent reports about federal law enforcement agencies spying
on anti-war groups in the City and to consider adoption of a resolution saying they do not
approve of the federal government doing infiltration of peaceful groups in the City. Moved by
May 19, 2009
Complete Description
Page 3
Wilburn, seconded by Wright, to accept correspondence from Liz Ford. The Mayor declared
the motion carried unanimously, 7/0, all Council Members present.
Moved by Wright, seconded by Correia, that the ordinance rezoning approximately
23.25 acres of property located along the 400 - 500 blocks of N. Van Buren Street, the 300 -
500 Blocks of N. Gilbert Street, the 300 - 700 blocks of N. Linn Street, the 200 - 300 blocks
of Ronalds Street, the 200 - 300 blocks of Church Street, the 200 - 500 blocks of Fairchild
Street, and 200 - 400 Blocks of Davenport Street from Neighborhood Stabilization
Residential (RNS-12) Zone to Historic District Overlay/ Neighborhood Stabilization
Residential (OHD /RNS-12) Zone and from Medium Density Single Family (RS-8) Zone to
Historic District Overlay/Medium Density Single Family (OHD/RS-8) Zone (North side
rezoning), be given second consideration. The Mayor requested Council Members disclose
any ex parte communications. Individual Council Members shared communications. The
Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes:
Bailey, Champion, Correia, Hayek, Wilburn, Wright. Nays: O'Donnell. Absent: None. Moved
by Hayek, seconded by Wilburn, to accept correspondence from Megan Knight, (1)
Withdrawal Protest of Rezoning, Niki Neems, Bruce and Lisa Brechtel and family, Rod
Sullivan, Marshall Poe, Judith Pascoe, Claire Sponsler. The Mayor declared the motion
carried unanimously, 7/0, all Council Members present.
Moved by Champion, seconded by Correia, that ordinance amending Title 14, Zoning,
establishing Definitions and a Use Classification Procedure for Drinking Establishments and
Alcohol Sales-Oriented Retail Uses and Establishing Minimum Spacing Requirements for
Drinking Establishments throughout the City and for Alcohol-Sales Oriented Retail Uses in
the Central Business Service (CB-2), Central Business Support (CB-5), and Central Business
(CB-10) Zones, be given second vote. The following individuals appeared: Melvin Dvorsky;
Jody Braverman; and Libris Fidelis. Individual Council Members expressed their views. The
Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes:
Bailey, Champion, Correia, Wilburn, Wright. Nays: Hayek, O'Donnell. Absent: None.
Moved by Wilburn, seconded by Hayek, to adopt RES. 09-175, APPROVING THE
FINAL PLAT OF HICKORY POINTE, A RESUBDIVISION OF LOTS 39-41, FIRST AND
ROCHESTER, PART ONE, IOWA CITY, IOWA (SUB09-00002). 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 amending the FY2009 Operating Budget.
No one appeared.
Moved by Wilburn, seconded by O'Donnell, to adopt RES. 09-176, AMENDING THE
CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2009. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
A hearing was held on a resolution assessing a $300.00 Civil Penalty against Head
Hunters Glass, Inc., pursuant to Iowa Code Section 453A.22(2) (2009). Johnson County
Attorney Andy Chappell appeared.
Moved by Wilburn, seconded by Wright, to adopt RES. 09-177, ASSESSING A
$300.00 CIVIL PENALTY AGAINST HEAD HUNTERS GLASS, INC. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Wright, seconded by Champion, to approve a Tax Exemption Certificate
approving and authorizing a form of loan agreement and authorizing and providing for the
May 19, 2009
Complete Description
Page 4
issuance of $6,685,000 General Obligation Capital Loan Notes, Series 2009C, 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 Hayek, to approve a Continuing Disclosure
Certificate approving and authorizing a form of loan agreement and authorizing and providing
for the issuance of $6,685,000 General Obligation Capital Loan Notes, Series 2009C, and
levying a tax to pay the notes. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
Moved by Hayek, seconded by Wilburn, to adopt RES. 09-178, APPROVING AND
AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING
FOR THE ISSUANCE OF $6,685,000 GENERAL OBLIGATION CAPITAL LOAN NOTES,
SERIES 2009C, AND LEVYING A TAX TO PAY THE NOTES. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Hayek, seconded by Champion, to approve a Tax Exemption Certificate
approving and authorizing a form of loan agreement and authorizing and providing for the
issuance of $5,840,000 General Obligation Refunding Capital Loan Notes, Series 2009E, 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 Hayek, to approve a Continuing Disclosure
Certificate approving and authorizing a form of loan agreement and authorizing and providing
for the issuance of $5,840,000 General Obligation Refunding Capital Loan Notes, Series
2009E, 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 Champion, to adopt RES. 09-179, APPROVING
AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND
PROVIDING FOR THE ISSUANCE OF $5,840,000 GENERAL OBLIGATION REFUNDING
CAPITAL LOAN NOTES, SERIES 2009E, AND LEVYING A TAX TO PAY 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 Continuing Disclosure Certificate
approving and authorizing a form of loan agreement and authorizing and providing for the
issuance of $505,000 taxable General Obligation Capital Loan Notes, Series 2009D and
levying a tax to pay the notes. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
Moved by Hayek, seconded by Wilburn, to adopt RES. 09-180, APPROVING AND
AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING
FOR THE ISSUANCE OF $505,000 TAXABLE GENERAL OBLIGATION CAPITAL LOAN
NOTES, SERIES 2009D AND LEVYING A TAX TO PAY THE NOTES. 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. 09-181, ADOPTING THE
IOWA CITY PARKS RECREATION AND TRAILS MASTER PLAN FINAL REPORT AND
EXECUTIVE SUMMARY. Individual Council Members expressed their views. Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted. Moved by Wilburn, seconded by Hayek, to accept correspondence from Lorin
May 19, 2009
Complete Description
Page 5
Ditzler and John Westefeld. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
Moved by Wilburn, seconded by Hayek, to adopt RES. 09-182, DECLARING THE
CITY OF IOWA CITY'S APPLICATION FOR TRAFFIC SAFETY IMPROVEMENT
PROGRAM (TSIP) FUNDS FOR TRAFFIC CONTROL DEVICES ON BENTON STREET
AND ROHRET ROAD. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the resolution adopted.
Moved by Wilburn, seconded by Wright, to adopt RES. 09-183, APPROVING THE
HAZARD MITIGATION GRANT PROGRAM (HMGP) ADMINISTRATIVE PLAN. Morris Daily
appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
Moved by Wilburn, seconded by O'Donnell, to adopt RES. 09-184, APPROVING AN
AGREEMENT TO PURCHASE APPROXIMATELY 19.5 ACRES OF VACANT LAND SOUTH
OF TAFT SPEEDWAY WITH A STATE COMMUNITY DISASTER GRANT (owned by the
Parkview Evangelical Free Church). Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Moved by Wilburn, seconded by Hayek, to adopt RES. 09-185, AUTHORIZING THE
ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE
SANDUSKY STORM SEWER IMPROVEMENTS PROJECT. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Wilburn, seconded by Hayek, to adopt RES. 09-186, AWARDING
CONTRACT to Summers Enterprise, Inc. for $227,928.10 AND AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF
THE LANDFILL GAS COLLECTION SYSTEM 2009 EXPANSION PROJECT. Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Moved by Wilburn, seconded by Hayek, to adopt RES. 09-187, AWARDING
CONTRACT to Iowa Bridge & Culvert for base bid only of $584,732 AND AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE BURLINGTON STREET PEDESTRIAN BRIDGE
REHABILITATION PROJECT. Asst. City Engr. Gannon present for discussion. Individual
Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
The Mayor noted that no applications were received for the following Boards and
Commissions 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 Brd of Adjustment to fill afive-year term January 1, 2009 -December 31, 2013;
Airport Zoning Commission to fill asix-year term January 1, 2006 -December 31, 2011.
Appeals, Board of to fill afive-year term January 1, 2009 -December 31, 2013, one for a
Mechanical Professional; Youth Advisory Commission to fill atwo-year term for (1) person -
Tate High, January 1, 2009 -December 31, 2010. 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.]
May 19, 2009
Complete Description
Page 6
Moved by Correia, seconded by Wilburn, to appoint Kelli Fleming, 943 E. Davenport
Street, to the Human Rights Commission to fill an unexpired term, effective upon
appointment, ending January 1, 2010. The Mayor declared the motion carried unanimously,
7/0, all Council Members present.
The Mayor noted the previous announced vacancy to the Board of Adjustment to fill an
unexpired term, effective upon appointment, plus afive-year term ending January 1, 2015.
Applications must be received by 5:00 p.m., Wednesday, June 10, 2009.
The Mayor noted the current vacancies: Historic Preservation Commission for a
Longfellow Representative to fill an unexpired term, effective upon appointment, ending
March 29, 2011; Library, Board of Trustees for three vacancies to fill six-year terms July 1,
2009 -July 1, 2015; Telecommunications Commission to fill an unexpired term, effective
upon appointment, ending March 13, 2012 Applications must be received by 5:00 p.m.,
Wednesday, June 24, 2009. Correspondence from Carl Hirschman and Brett Gordon noted.
Council Member O'Donnell asked that staff take a look at potholes forming on Scott
Blvd. Staff will follow up.
Mayor Bailey reported on her train ride from Iowa City to the Quad Cities, and stated
her appreciation to the Chamber for their advocacy for the Chicago Flyer route.
Matthew Sullivan Weegand appeared requesting additional spots be provided for
selling from carts in the downtown pedestrian plaza.
Moved by Wilburn, seconded by O'Donnell, to adjourn 7:53 p.m. The Mayor declared
the motion carried unanimously, 7/0, all Council Members~r sent. ~-,
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. Voparil, Deputy City Clerk
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Date: May 11, 2009
CITY OF IOWA CITY
MEMORANDUM
05-19-09
2a 1
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, May 4, 2009, 6:00 PM in Emma J. Harvat Hall
Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright
Staff: Helling, Dilkes, Karr, Davidson, Howard, O'Brien, Yapp, Long, Hightshoe, Lewis
(A complete transcription is available in the City Clerk's Office and the City website)
AGENDA ITEMS
1. Mayor Bailey noted information distributed adding item # 34 b, (resolution authorizing ...
farm lease and security agreement ... Philip Prybil for 103 acres located north and south
of 420th Street between Scott Boulevard and Taft Avenue ...) to the agenda. Majority
agreed to add the item.
2. (Consent Calendar # 3f(8) -New Animal Shelter Site) In response to Correia, PCD
Director Davidson stated a .staff CIP subcommittee is informally identifying a site,
however, the key thing is waiting to make sure FEMA funds are available.
3. (Agenda item # 20 -Resolution ... Aniston Village Limited Partnership .... To purchase
land to construct affordable rental housing) In response to Hayek, Community
Development Planner Hightshoe confirmed this followed up on their earlier application
for additional funds.
PLANNING AND ZONING MATTERS
# 5d CONSIDER A RESOLUTION APPROVING THE PRELIMINARY PLAT OF COUNTRY
CLUB ESTATES PARTS 3-7, IOWA CITY, IOWA. (SUB09-00010)
PCD Director Davidson present for discussion.
COUNCIL TIME
1. Council Member Correia noted the correspondence received a few weeks earlier from
the Consultation of Religious Communities asking municipalities to assist with the
homeless overflow for the next year, and questioned a staff contract for the group.
Acting City Manager Helling offered to be the contract person for the request.
2. Council Member Correia questioned if single ride youth bus tickets could be purchased.
Transportation Services Director O'Brien reviewed the current practice of reserving
single tickets for agencies that distribute one at a time, and suggested the ten ride pass
available for $6.50.
Council Work Session
May 4, 2009
Page 2
3. Council Member Hayek requested Council re-visit the sprinkler policy for downtown
businesses and consider to what extent the City could lessen the burden on businesses
that are forced to comply with the fire code if they are opening or expanding a business.
Three members agreed to schedule the matter for an upcoming work session. Acting
City Manager Helling stated he would provide an update on the current policy, and
Wilburn suggested a review of the staff commentary on the matter be summarized and
distributed as well.
SCHEDULE OF PENDING DISCUSSION ITEMS (lP3 of 4/30 Info Packet)
Council requested the following items be added to the list provided:
- Review of sprinkler policy in downtown
- Commercial trash pick-up in residential areas
- Snow removal in residential areas /noise
- Energy efficiency block grants
INFORMATION PACKET DISCUSSION (4/23 & 4/30)
None
UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS
None
DOWNTOWN PARKING /LOADING ZONES (IP2 of 4/30 Info Packet & Agenda item # 4f(1)
Transportation Services Director O'Brien and JCCOG Ex. Director Yapp presented information.
Majority agreed to proceed with item 4f(1) on the agenda.
STAFF ACTION: Report back in approximately one month on one way feasibility study
for that block of Dubuque Street. (Yapp)
BUDGET PRIORITIES /CITIZEN SURVEY
Acting City Manager Helling presented information. Majority agreed not to pursue a survey at
this time.
ZONING REGULATIONS BARS /LIQUOR STORES (agenda item # 5b)
Urban Planner Howard presented a power point presentation (on file). Majority requested the
presentation be shown at the formal meeting the next evening.
FY10 CDBG AND HOME FUNDING RECOMMENTDATIONS (agenda item # 6)
Council Member Champion left the meeting due to a conflict of interest.
Community Development Coordinator Long, Community Development Planner Hightshoe, and
HCDC Chairperson Brian Richman presented a power point presentation (on file). Noting that
$120,000 was currently available in the Economic Development funds and the allocation of an
additional $95,000 would bring the total to $215,000 and majority agreed to make the following
adjustments:
Council Work Session
May 4, 2009
Page 3
Reallocate $95,000 set aside for Economic Development Fund to Shelter House (new
construction) bringing the total for Shelter House (new construction) for FY09 and FY10 CDBG
funding to $311,268.
Majority requested the presentation be shown at the formal meeting the next evening.
DISCUSSION OF MEETING SCHEDULE
None
Meeting adjourned 8:05 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
MAY 5, 2009
Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Bailey presiding.
Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright.
Absent: None. Staff members present: Helling, Dilkes, Karr, Kuecker, Miklo, Davidson,
Howard, Long, Hightshoe, O'Malley, Gannon, Scott.
The Mayor proclaimed: Bicycle Month -May 2009, Steve Rudin, (BIC) Bicyclists of
Iowa City accepting; Tennis Month -May 2009, Greg Holm, Team Captain Men's University
Tennis Team accepting; Older American's Month- May 2009, Bob Welsh, Johnson County
Livable Community Policy Board accepting; Wreaths Across America Day, December 12,
2009, LeAnn and Mike Tyson, Location Leaders for Wreaths Across America accepting;
Americorps Week, May 9-16, 2009, Nathan Kiese and Dan Babbi, accepting.
Moved by Champion, seconded by Hayek, that the following items and
recommendations in the Consent Calendar be received, approved, and/or adopted as
presented:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: April 13, Special Council Work Session; April 17, Special Council Formal
Official and Complete; April 20, Special Council Work Session; April 20, 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): Airport
Commission -March 12, 2009; Airport Commission -April 14, 2009; Airport
Commission -April 2, 2009; Airport Commission -February 23, 2009; Airport
Commission -February 12, 2009; Public Art Advisory Committee -March 5, 2009;
Planning and Zoning Commission -April 2, 2009; Housing and Community
Development Commission -March 26, 2009; Housing and Community Development
Commission -March 12, 2009; Youth Advisory Commission -March 1, 2009; Human
Rights Commission -March 24, 2009; Parks and Recreation Commission -March 11,
2009; Telecommunications Commission -February 23, 2009.
Permit Motions and Resolutions as Recommended by the City Clerk. New:
Class C Liquor License for L & M Iowa City Investments, LLC, dba Chef's Table, 223
E. Washington St. Renewal: Class C Liquor License for Jirsa's, LLC, dba Rick's Grille
& Spirits, 1705 S First Ave Suite Q.
Public Hearings. RES. 09-135, SETTING A PUBLIC HEARING for May 19,
2009, ON AMENDING THE FY2009 OPERATING BUDGET.
Resolutions: RES. 09-136, AUTHORIZING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN
THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, CORALVILLE, IOWA
FOR PROPERTY LOCATED AT 706 MILLER AVENUE, IOWA CITY, IOWA.
Correspondence: JCCOG Traffic Engineering Planner regarding Establishment
of a loading zone with a 15-minute limit on the east side of the 10 block of Dubuque
Street from Iowa Avenue to the alley; JCCOG Traffic Engineering Planner regarding
Complete Description
May 5, 2009
Page 2
Installation of NO PARKING ANYTIME signs on the south side of Middlebury Road
between Scott Boulevard and Westbury Drive; JCCOG Traffic Engineering Planner
regarding Installation of NO PARKING CORNER TO HERE sign at the southeast
corner of the Iowa Avenue/Van Buren Street intersection; Ron Knoche, City Engineer
regarding Competitive Quotation Results Clinton Street- Davenport Street Storm
Sewer Improvements; David Downs regarding 2018/2022 FIFA World Cup Bid
Campaign Venue Selection; Ashley Schlinz regarding Student housing near the
University of Iowa Campus; Rod Sullivan regarding Historic District and Hancher
Auditorium; Animal Care Task Force members regarding New animal shelter site.
Mayor Bailey noted that Council was changing some of the parking restrictions on Dubuque
Street in response to comments. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the motion carried.
Tyler Gunn, outgoing UISG Council Liaison, presented an overview of his experiences
as liaison and thanked Council for the experience. Libris Fidelis, PO Box 2146, read a
statement regarding constant changes to the Council meeting schedule; requested disclosure
of information regarding the termination of the City Manager; noted noise and violence in the
Ped Mall on Friday and Saturday evenings; requested placement of speed bumps to
entrance of parking facility near the shelter and "Yield To Pedestrian" signage; and
preservation of the pedestrian walkway near the Sheraton. Moved by Wilburn, seconded by
Hayek, to accept correspondence. The Mayor declared the motion carried unanimously,? /0,
all Council Members present. Sally Jablonski, 2424 Catskill Ct., Homeless Overflow Task
Force that is affiliated with the Consultation for Religious Communities, requesting assistance
locating shelter space from November 1 through April 1. Mayor Bailey stated the matter had
been discussed briefly at the work session the previous evening and Acting City Manager
would be working with the group. Charlie Koenig appeared regarding a neighbor's barking
dog. The Mayor and Acting City Manager will be following up on the matter. Liz Ford, Friends
of the Animal Center Foundation, appeared and offered to meet with Council to begin the
planning process for a new animal shelter, and would keep Council updated on their activities
for sheltering animals.
A public hearing was held on an ordinance rezoning approximately 23.25 acres of
property located along the 400 - 500 blocks of N. Van Buren Street, the 300 - 500 blocks of
N. Gilbert Street, the 300 - 700 blocks of N. Linn Street, the 200 - 300 blocks of Ronalds
Street, the 200 - 300 blocks of Church Street, the 200 - 500 blocks of Fairchild Street, and
200 - 400 blocks of Davenport Street from Neighborhood Stabilization Residential (RNS-12)
zone to Historic District Overlay/ Neighborhood Stabilization Residential (OHD/RNS-12) Zone
and from Medium Density Single Family (RS-8) Zone to Historic District Overlay/Medium
Density Single Family (OHD/RS-8) Zone (REZ09-00001) (North side rezoning). PCD
Director Davidson and Historic Preservation Planner Kuecker present for discussion. The
Mayor requested Council Members disclose any ex parte communications. Individual
Council Members shared communications. The following individuals appeared: John
Kammermeyer, 404 E. Bloomington; Judith Pascoe, 317 Fairchild; Libris Fidelis, PO Box
2146; John Bakas, 514 N. Gilbert; Clair Sponsler, 413 N. Gilbert; Eric Gidal, 328 Brown; Will
Jennings, 311 Fairchild; Rya Dunnington, 413 Church; Steve Sherman, 208 Fairchild;
Christina Welu Reynolds, 619 Brown; Dana Thomann, 208 Fairchild; Julianna Tymaczko
Poe, 416 N. Linn; Marshall Poe, 416 N. Linn; Susan Futrell, 311 Fairchild; Deanna Thomann,
Complete Description
May 5, 2009
Page 3
208 Fairchild; Nathaniel Gavronsky, 604 Bowery; Helen Burford, 528 E. College; Jean
Walker, 335 Lucon; Walter Kopsa, 320-324 E. Davenport; Chris Rush, 612 S. Johnson;
Nicole Slabach; William Lake, 404 and 404 '/Z E. Davenport; Tom Scott, 419 Fairchild; Chris
Vinson Haler, 715 E. Market; Jeff Clark; Ginalie Swaim, 1024 Woodlawn; Lindsay Bunting
Eubanks, Historic Preservation Chair, 1618 Aber; Christine Denburg, 1011 Woodlawn; Missy
Molliston, 825 Gilbert; Jeff Schabilion, 431 Rundell; Perry Howell, 317 Fairchild; and Tom
Kane, 615 and 620 Linn. Moved by Wilburn, seconded by Wright, to accept correspondence
from Paula Mohr and Ralph Christian, Jesse Singerman, Susanna Strode, Susan Futrell,
Gina Hawknecht and Matthew Brown (2), H.J. Pedelty, Wendy Deutelbaum and Dee Morris,
Beverly Blasingame (2), Peter and Michelle Ammentorp, John Bakas, Jesse Singerman and
Flora Cassiliano, Mary Knudson, Adalaide Morris, Paul and Cynthia Broderick, Carl Klaus,
Wally Plahutnik, Stephen Smith, Niki Neems, Marybeth Slonneger, Catherine Wilcox, Judy
Pohl, Chris Harms, Tom Baldridge, David Wieseneck, Jane Murphy and Mark Brookfield, Jeff
Porter and Claire Sponsler, Eric Gidal, Victoria Sharp, Meredith Sewell, Wendy Deutelbaum,
Timothy Shipe, Michael Feiss and Cathy Cole, Barby Buss, Victoria Walton, Claire Sponsler,
and (42) Protest of Rezoning signatures. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Wilburn, seconded by Champion, that the ordinance rezoning approximately
23.25 acres of property located along the 400 - 500 blocks of N. Van Buren Street, the 300 -
500 blocks of N. Gilbert Street, the 300 - 700 blocks of N. Linn Street, the 200 - 300 blocks
of Ronalds Street, the 200 - 300 blocks of Church Street, the 200 - 500 blocks of Fairchild
Street, and 200 - 400 blocks of Davenport Street from Neighborhood Stabilization
Residential (RNS-12) zone to Historic District Overlay/ Neighborhood Stabilization
Residential (OHD/RNS-12) Zone and from Medium Density Single Family (RS-8) Zone to
Historic District Overlay/Medium Density Single Family (OHD/RS-8) Zone (REZ09-00001)
(North side), be given first vote. Individual Council Members expressed their views. The
Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes:
Bailey, Champion, Correia, Hayek, Wilburn, Wright. Nays: O'Donnell. Absent: None.
A public hearing was held on an ordinance amending Title 14, Zoning, Establishing
Definitions and a Use Classification Procedure for Drinking Establishments and Alcohol
Sales-Oriented Retail Uses and Establishing Minimum Spacing Requirements for Drinking
Establishments throughout the City and for Alcohol-Sales Oriented Retail Uses in the Central
Business Service (CB-2), Central Business Support (CB-5), and Central Business (CB-10)
Zones. Urban Planner Howard present for discussion. The following individuals appeared:
Nathaniel Gavronsky, 604 Bowery; Sarah Hansen, University of Iowa Student Health
Services, 711 Kimball; Dana Figlock, 2551 Holiday Rd.; Peter Nathan, University Emeritus
Professor, 248 Blacksprings Circle; Greg Pelc; Libris Fidelis, PO Box 2146; and Will
Jennings, 311 Fairchild. Moved by Wilburn, seconded by Hayek, to accept correspondence
from Niki Neems. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
Moved by Wilburn, seconded by Wright, that the ordinance amending Title 14, Zoning,
Establishing Definitions and a Use Classification Procedure for Drinking Establishments and
Alcohol Sales-Oriented Retail Uses and Establishing Minimum Spacing Requirements for
Drinking Establishments throughout the City and for Alcohol-Sales Oriented Retail Uses in
the Central Business Service (CB-2), Central Business Support (CB-5), and Central Business
Complete Description
May 5, 2009
Page 4
(CB-10) Zones, be given first vote. Individual Council Members expressed their views. The
Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes:
Champion, Correia, Wilburn, Wright, Bailey. Nays: Hayek, O'Donnell. Absent: None.
Moved by Wilburn, seconded by O'Donnell, that ORD. 09-4336, CONDITIONALLY
REZONING APPROXIMATELY 0.98 ACRES OF PROPERTY LOCATED NORTH OF
ROHRET ROAD FROM INTERIM DEVELOPMENT SINGLE-FAMILY RESIDENTIAL (ID-RS)
TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL, 40.13 ACRES FROM RURAL
RESIDENTIAL (RR-1) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) AND 57.49
ACRES FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL TO PLANNED
DEVELOPMENT OVERLAY LOW DENSITY SINGLE-FAMILY RESIDENTIAL (OPD-5)
(REZ08-00011) (Country Club Estates), be passed and adopted. Robert Hegeman, 44 Tucson
Place, appeared. The Mayor declared ordinance adopted, 5/2, with the following division of
roll call vote. Ayes: Champion, Hayek, O'Donnell, Wilburn, Bailey. Nays: Wright, Correia.
Moved by O'Donnell, seconded by Wright, to accept correspondence from Robert Hegeman,
Mike Barber, Larry Jewell and (17) Protest of Rezoning signatures. The Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
Moved by O'Donnell, seconded by Champion, to adopt RES. 09-137, APPROVING
THE PRELIMINARY PLAT OF COUNTRY CLUB ESTATES PARTS 3-7, IOWA CITY, IOWA
(SUB09-00010). The Mayor declared the resolution adopted, 5/2, with the following division
of roll call vote. Ayes: Hayek, O'Donnell, Wilburn, Bailey, Champion. Nays: Correia, Wright.
A public hearing was held on a resolution adopting Iowa City's FY10 Annual Action
Plan and FY09 Annual Action Plan Amendment, which are sub-parts of Iowa City's 2006-
2010Consolidated Plan (City Steps), and authorizing the City Manager to submit said plan
and amendment and all necessary certifications to the U.S. Department of Housing and
Urban Development, and designating the City Manager as the authorized Chief Executive
Officer. Community Development Planner Hightshoe present for discussion. Council Member
Champion left the room due to a conflict of interest.
Moved by O'Donnell, seconded by Wright, to adopt RES. 09-138, ADOPTING IOWA
CITY'S FY10 ANNUAL ACTION PLAN AND FY09 ANNUAL ACTION PLAN AMENDMENT,
WHICH ARE SUB-PARTS OF IOWA CITY'S 2006-2010 CONSOLIDATED PLAN (CITY
STEPS), AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND
AMENDMENT AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS
THE AUTHORIZED CHIEF EXECUTIVE OFFICER. Affirmative roll call vote unanimous, 6/0,
Champion abstaining. The Mayor declared the resolution adopted. Council Member
Champion returned to the meeting.
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization of a loan agreement and the issuance of not to exceed
$4,995,000 General Obligation Capital Loan Notes. No one appeared. The Mayor declared
the public hearing closed.
Moved by Hayek, seconded by O'Donnell, to adopt RES. 09-139, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN
AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $4,995,000 GENERAL
OBLIGATION CAPITAL LOAN NOTES. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Complete Description
May 5, 2009
Page 5
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization of a loan agreement and the issuance of not to exceed
$6,500,000 General Obligation Refunding Capital Loan Notes, Series 2009E. No one
appeared. The Mayor declared the public hearing closed.
Moved by Hayek, seconded by Wright, to adopt RES. 09-140, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN
AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $6,500,000 GENERAL
OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2009E. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization of a loan agreement and the issuance of not to exceed $700,000
General Obligation Capital Loan Notes. No one appeared. The Mayor declared the public
hearing closed.
Moved by Champion, seconded by O'Donnell, to adopt RES. 09-141, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN
AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL
OBLIGATION CAPITAL LOAN NOTES. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization of a loan agreement and the issuance of not to exceed $680,000
General Obligation Capital Loan Notes. No one appeared. The Mayor declared the public
hearing closed.
Moved by Wright, seconded by O'Donnell, to adopt RES. 09-142, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN
AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $680,000 GENERAL
OBLIGATION CAPITAL LOAN NOTES. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization of a loan agreement and the issuance of not to exceed $360,000
General Obligation Capital Loan Notes. No one appeared. The Mayor declared the public
hearing closed.
Moved by O'Donnell, seconded by Champion, to adopt RES. 09-143, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN
AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $360,000 GENERAL
OBLIGATION CAPITAL LOAN NOTES. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization of a loan agreement and the issuance of not to exceed $510,000
General Obligation Capital Loan Notes. No one appeared. The Mayor declared the public
hearing closed.
Moved by Champion, seconded by Wright, to adopt RES. 09-144, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN
AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $510,000 GENERAL
Complete Description
May 5, 2009
Page 6
OBLIGATION CAPITAL LOAN NOTES. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Moved by Wilburn, seconded by Champion to consider Items 13 - 16 at this time. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved
by Champion, seconded by O'Donnell, to adopt RES. 09-145, DIRECTING SALE OF
$6,685,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2009C; to adopt
RES. 09-146, DIRECTING SALE OF $505,000 TAXABLE GENERAL OBLIGATION
CAPITAL LOAN NOTES, SERIES 2009D; to adopt RES. 09-147, DIRECTING SALE OF
$6,135,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES
2009E; to adopt RES. 09-148, AUTHORIZING THE REDEMPTION OF OUTSTANDING
GENERAL OBLIGATION BONDS, SERIES 2001, DATED JUNE 15, 2001 OF THE CITY OF
IOWA CITY, IOWA, AND DIRECTING NOTICE BE GIVEN. Finance Director O'Malley
present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the resolutions adopted.
Moved by Wright, seconded by Champion, that the rule requiring ordinances to be
considered and voted on for final passage at two Council meetings prior to the meeting at
which it is to be finally passed be suspended, the second consideration and vote be waived,
and that ORD. 09-4337, AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF
PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF
SIDEWALKS, " TO ELIMINATE THE CAP ON TEMPORARY SIDEWALK PERMITS AND TO
EXPAND THE PERMIT FOR FRIDAYS DURING THE SUMMER BY ESTABLISHING A NEW
SIDEWALK RETAILING PERMIT, be voted on for final passage at this time. Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion
carried. Moved by Wright, seconded by Champion, that the ordinance be finally adopted at
this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the ordinance adopted.
Moved by Champion, seconded by Wilburn, that ORD. 09-4338, AMENDING TITLE 3,
ENTITLED "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, ENTITLED
"SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION
3-4-5, ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR
CHANGE CERTAIN SOLID WASTE CHARGES, 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 O'Donnell, that ORD. 09-4339, AMENDING TITLE 9
ENTITLED "MOTOR VEHICLES AND TRAFFIC", CHAPTER 7 ENTITLED "VEHICLE SIZE,
WEIGHT AND LOAD," TO RESTRICT LARGE TRUCK TRAFFIC ON NORTH SUMMIT
STREET AND DEWEY STREET, be passed and adopted. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted.
Moved by Correia, seconded by Wilburn, to adopt RES. 09-149, AUTHORIZING THE
MAYOR TO SIGN AND THE CLERK TO ATTEST TO AN AGREEMENT TO LEND ANISTON
VILLAGE LIMITED PARTNERSHIP $282,000 TO PURCHASE LAND TO CONSTRUCT
AFFORDABLE RENTAL HOUSING. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Moved by Champion, seconded by O'Donnell, to adopt RES. 09-150, APPROVING
AN AGREEMENT TO PURCHASE 612 NORMANDY DRIVE WITH A STATE COMMUNITY
Complete Description
May 5, 2009
Page 7
DISASTER GRANT. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the resolution adopted.
Moved by Wilburn, seconded by Wright, to adopt RES. 09-151, APPROVING AN
AGREEMENT TO PURCHASE 105 TAFT SPEEDWAY WITH A STATE COMMUNITY
DISASTER GRANT. 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. 09-152, APPROVING THE
ACCEPTANCE OF THE DEDICATION OF A 0.28 ACRE PARCEL OF LAND ON
AUDITOR'S PARCELS 2008005 AND 2008004, SOUTHEAST OF DODGE STREET
COURT IN IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC RIGHT-OF-WAY.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted.
Moved by Wilburn, seconded by Hayek, to adopt RES. 09-153, AWARDING
CONTRACT to Terrell Construction, Inc. for $ 110,750.00 AND AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF
THE 2009 WATER MAIN DIRECTIONAL BORING PROJECT. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Wilburn, seconded by Hayek, to adopt RES. 09-154, AWARDING
CONTRACT to Feldman Concrete for $ 90,072.50 AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE
2009 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Wright, seconded by O'Donnell, to adopt RES. 09-155, REJECTING BIDS
RECEIVED ON APRIL 28, 2009 FOR THE BURLINGTON STREET PEDESTRIAN BRIDGE
REHABILITATION PROJECT, AND SETTING A NEW DATE of May 19, 2009 FOR RECEIPT
OF BIDS FOR THE REBIDDING OF THE BURLINGTON STREET PEDESTRIAN BRIDGE
REHABILITATION PROJECT, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT
FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Moved by Wilburn, seconded by Hayek, to adopt RES. 09-156, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF
TRANSPORTATION FUNDING AGREEMENT FOR THE 420T" STREET CORRIDOR
IMPROVEMENTS PROJECT RM-3715(645)--9D-52. Affirmative roll call vote unanimous,
7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Hayek, seconded by O'Donnell, to adopt RES. 09-157, APPROVING,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST AN AMENDMENT TO THE FEBRUARY 10, 2009 AGREEMENT BY AND
BETWEEN THE CITY OF IOWA CITY AND FOTH INFRASTRUCTURE AND
ENVIRONMENTAL, L.L.C. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR
THE 420T" STREET CORRIDOR IMPROVEMENTS PROJECT. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Wilburn, seconded by Hayek, to adopt RES. 09-158, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF
TRANSPORTATION FUNDING AGREEMENT FOR THE OLD HIGHWAY 218
Complete Description
May 5, 2009
Page 8
RESURFACING PROJECT ESL- 3715(643)--7S-52. 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. 09-159, APPROVING,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST A SECOND AMENDMENT TO THE NOVEMBER 5T", 2007 AGREEMENT BY AND
BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY
CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR
THE IOWA CITY SANITARY LANDFILL. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Moved by Wilburn, seconded by Hayek, to adopt RES. 09-160, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SECOND
AMENDMENT TO THE MAY 1, 2007 AGREEMENT BY AND BETWEEN THE CITY OF
IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO
PROVIDE ENGINEERING CONSULTANT SERVICES FOR LANDFILL GAS, AIR AND
WATER QUALITY MONITORING AT THE IOWA CITY SANITARY LANDFILL. Affirmative
roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution adopted.
Moved by Wilburn, seconded by O'Donnell, to adopt RES. 09-161, AUTHORIZING
THE CITY MANAGER TO EXECUTEALL DOCUMENTS NECESSARY TO ACQUIRE
PROPERTIES THROUGH THE HAZARD MITIGATION GRANT PROGRAM. Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Moved by Wright, seconded by Champion, to approve the appointment of Student
Liaison Jeff Shipley and alternate Andrew Rausch from the University of Iowa Government
(U~ISG) to the City Council May 1, 2009 until May 1, 2010. Outgoing UISG Liaison Tyler
Gunn and incoming Liaison Jeff Shipley appeared. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by O'Donnell, seconded by Wilburn, to adopt RES. 09-162, APPROVING THE
APPOINTMENT OF DALE HEELING AS INTERIM CITY MANAGER FOR THE CITY OF
IOWA CITY. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the resolution adopted.
Moved by Wright, seconded by Wilburn, to adopt RES. 09-163, AUTHORIZING THE
CITY MANAGER TO SIGN A FARM LEASE AND SECURITY AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND PHILLIP PRYBIL FOR 103 ACRES LOCATED NORTH AND
SOUTH OF 420th STREET BETWEEN SCOTT BOULEVARD AND TAFT AVENUE, IOWA
CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the resolution adopted.
The Mayor noted the previously announced vacancies on Boards and Commissions:
Airport Zoning Brd of Adjustment to fill. an unexpired term, effective upon appointment, plus a
five-year term ending December 31, 2011; Airport Zoning Brd of Adjustment to fill afive-year
term January 1, 2009 -December 31, 2013; Airport Zoning Commission to fill asix-year term
January 1, 2006 -December 31, 2011; Appeals, Board of to fill a five-year term January 1,
2009 -December 31, 2013, one for a Mechanical Professional; Human Rights Commission
to fill an unexpired term, effective upon appointment, ending January 1, 2010; Youth Advisory
Commission to fill atwo-year term for Tate High January 1, 2009 -December 31, 2010.
Complete Description
May 5, 2009
Page 9
Applications must be received by 5:00 p.m., Wednesday, May 13, 2009; Board of Adjustment
to fill an unexpired term, effective upon appointment, plus afive-year term ending January 1,
2015. Applications must be received by 5:00 p.m., Wednesday, June 10, 2009. 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.]
Council Member O'Donnell thanked outgoing UISG Liaison Tyler Gunn for his service
and wished him well; and reported he had heard that the sales tax had passed in Iowa City.
Council Member Hayek thanked outgoing UISG Liaison Gunn.
Council Member Correia reported on the free tax clinics held throughout Johnson
County and reported over 954 returns filed and $1.2 million in federal tax refunds returned
back to residents of Johnson County.
Council Member Wilburn thanked citizens who voted "yes" to the sales tax.
Council Member Wright reminded everyone of activities surrounding "Bike to Work
Week", May 10-15, and encouraged community participation.
Mayor Bailey thanked outgoing UISG Liaison Gunn and welcomed new Liaison
Shipley; and stated she would be reporting on.passenger rail service and a recent ride at an
upcoming meeting.
Moved by Wilburn, seconded by Hayek to adjourn 11:35 p.m. The Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
Regenia D. Bailey, Mayor
Marian K. Karr, City Clerk
Subject to change as finalized by the City Clerk.
Clerk's Office 356-5040.
2a 2
For a final official copy, contact the City
The cost of publishing the following proceedings and claims is $
Cumulative cost of this calendar year for said publication is $_
OFFICIAL COUNCIL ACTIONS - 5/5/09
Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Bailey presiding.
Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright.
Absent: None.
The Mayor proclaimed: Bicycle Month -May 2009, Steve Rudin, (BIC) Bicyclists of
Iowa City accepting; Tennis Month -May 2009, Greg Holm, Team Captain Men's University
Tennis Team accepting; Older American's Month- May 2009, Bob Welsh, Johnson County
Livable Community Policy Board accepting; Wreaths Across America Day, December 12,
2009, LeAnn and Mike Tyson, Location Leaders for Wreaths Across America accepting;
Americorps Week, May 9-16, 2009, Nathan Kiese and Dan Babbi, accepting.
Moved and seconded that the following items and recommendations in the Consent
Calendar be received, approved, and/or adopted as presented:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: April 13, Special Council- Work Session; April 17, Special Council Formal
Official and Complete; April 20, Special Council Work Session; April 20, 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): Airport
Commission -March 12, 2009; Airport Commission -April 14, 2009; Airport
Commission -April 2, 2009; Airport Commission -February 23, 2009; Airport
Commission -February 12, 2009; Public Art Advisory Committee -March 5, 2009;
Planning and Zoning Commission -April 2, 2009; Housing and Community
Development Commission -March 26, 2009; Housing and Community Development
Commission -March 12, 2009; Youth Advisory Commission -March 1, 2009; Human
Rights Commission -March 24, 2009; Parks and Recreation Commission -March 11,
2009; Telecommunications Commission -February 23, 2009.
Permit Motions and Resolutions as Recommended by the City Clerk. New:
Class C Liquor License for Chef's Table, 223 E. Washington St. Renewal: Class C
Liquor License for Rick's Grille & Spirits, 1705 S First Ave Suite Q.
Public Hearings. RES. 09-135, SETTING A PUBLIC HEARING for May 19,
2009, ON AMENDING THE FY2009 OPERATING BUDGET.
Resolutions: RES. 09-136, AUTHORIZING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN
THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, CORALVILLE, IOWA
FOR PROPERTY LOCATED AT 706 MILLER AVENUE, IOWA CITY, IOWA.
Correspondence: JCCOG Traffic Engineering Planner regarding Establishment
of a loading zone with a 15-minute limit on the east side of the 10 block of Dubuque
Street from Iowa Avenue to the alley; JCCOG Traffic Engineering Planner regarding
Installation of NO PARKING ANYTIME signs on the south side of Middlebury Road
Official Actions
May 5, 2009
Page 2
between Scott Boulevard and Westbury Drive; JCCOG Traffic Engineering Planner
regarding Installation of NO PARKING CORNER TO HERE sign at the southeast
corner of the Iowa Avenue/Van Buren Street intersection; Ron Knoche, City Engineer
regarding Competitive Quotation Results Clinton Street- Davenport Street Storm
Sewer Improvements; David Downs regarding 2018/2022 FIFA World Cup Bid
Campaign Venue Selection; Ashley Schlinz regarding Student housing near the
University of Iowa Campus; Rod Sullivan regarding Historic District and Hancher
Auditorium; Animal Care Task Force members regarding New animal shelter site.
The Mayor declared the motion carried.
Tyler Gunn, outgoing UISG Council Liaison, presented an overview of his experiences
as liaison and thanked Council for the experience. Libris Fidelis, PO Box 2146, read a
statement regarding constant changes to the Council meeting schedule; requested disclosure
of information regarding the termination of the City Manager; noted noise and violence in the
Ped Mall on Friday and Saturday evenings; requested placement of speed bumps to
entrance of parking facility near the shelter and "Yield To Pedestrian" signage; and
preservation of the pedestrian walkway near the Sheraton. Moved and seconded to accept
correspondence. The Mayor declared the motion carried. Sally Jablonski, 2424 Catskill Ct.,
Homeless Overflow Task Force that is affiliated with the Consultation for Religious
Communities, requesting assistance locating shelter space from November 1 through April 1.
Charlie Koenig appeared regarding a neighbor's barking dog. Liz Ford, Friends of the Animal
Center Foundation, appeared and offered to meet with Council to begin the planning process
for a new animal shelter, and would keep Council updated on their activities for sheltering
animals.
A public hearing was held on an ordinance rezoning approximately 23.25 acres of
property located along the 400 - 500 blocks of N. Van Buren Street, the 300 - 500 blocks of
N. Gilbert Street, the 300 - 700 blocks of N. Linn Street, the 200 - 300 blocks of Ronalds
Street, the 200 - 300 blocks of Church Street, the 200 - 500 blocks of Fairchild Street, and
200 - 400 blocks of Davenport Street from Neighborhood Stabilization Residential (RNS-12)
zone to Historic District Overlay/ Neighborhood Stabilization Residential (OHD/RNS-12) Zone
and from Medium Density Single Family (RS-8) Zone to Historic District Overlay/Medium
Density Single Family (OHD/RS-8) Zone (REZ09-00001). The following individuals
appeared: John Kammermeyer, 404 E. Bloomington; Judith Pascoe, 317 Fairchild; Libris
Fidelis, PO Box 2146; John Bakas, 514 N. Gilbert; Clair Sponsler, 413 N. Gilbert; Eric Gidal,
328 Brown; Will Jennings, 311 Fairchild; Rya Dunnington, 413 Church; Steve Sherman, 208
Fairchild; Christina Welu Reynolds, 619 Brown; Dana Thomann, 208 Fairchild; Julianna
Tymaczko Poe, 416 N. Linn; Marshall Poe, 416 N. Linn; Susan Futrell, 311 Fairchild; Deanna
Thomann, 208 Fairchild; Nathaniel Gavronsky, 604 Bowery; Helen Burford, 528 E. College;
Jean Walker, 335 Lucon; Walter Kopsa, 320-324 E. Davenport; Chris Rush, 612 S. Johnson;
Nicole Slabach; William Lake, 404 and 404'/2 E. Davenport; Tom Scott, 419 Fairchild; Chris
Vinson Haler, 715 E. Market; Jeff Clark; Ginalie Swaim, 1024 Woodlawn; Lindsay Bunting
Eubanks, Historic Preservation Chair, 1618 Aber; Christine Denburg, 1011 Woodlawn; Missy
Molliston, 825 Gilbert; Jeff Schabilion, 431 Rundell; Perry Howell, 317 Fairchild; and Tom
Kane, 615 and 620 Linn. Moved and seconded, to accept correspondence from Paula Mohr
and Ralph Christian, Jesse Singerman, Susanna Strode, Susan Futrell, Gina Hawknecht and
Matthew Brown (2), H.J. Pedelty, Wendy Deutelbaum and Dee Morris, Beverly Blasingame
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May 5, 2009
Page 3
(2), Peter and Michelle Ammentorp, John Bakas, Jesse Singerman and Flora Cassiliano,
Mary Knudson, Adalaide Morris, Paul and Cynthia Broderick, Carl Klaus, Wally Plahutnik,
Stephen Smith, Niki Neems, Marybeth Slonneger, Catherine Wilcox, Judy Pohl, Chris Harms,
Tom Baldridge, David Wieseneck, Jane Murphy and Mark Brookfield, Jeff Porter and Claire
Sponsler, Eric Gidal, Victoria Sharp, Meredith Sewell, Wendy Deutelbaum, Timothy Shipe,
Michael Feiss and Cathy Cole, Barby Buss, Victoria Walton, Claire Sponsler, and (42) Protest
of Rezoning signatures. The Mayor declared the motion carried.
Moved and seconded that the ordinance rezoning approximately 23.25 acres of
property located along the 400 - 500 blocks of N. Van Buren Street, the 300 - 500 blocks of
N. Gilbert Street, the 300 - 700 blocks of N. Linn Street, the 200 - 300 blocks of Ronalds
Street, the 200 - 300 blocks of Church Street, the 200 - 500 blocks of Fairchild Street, and
200 - 400 blocks of Davenport Street from Neighborhood Stabilization Residential (RNS-12)
zone to Historic District Overlay/ Neighborhood Stabilization Residential (OHD/RNS-12) Zone
and from Medium Density Single Family (RS-8) Zone to Historic District Overlay/Medium
Density Single Family (OHD/RS-8) Zone (REZ09-00001), be given first vote. The Mayor
declared the motion carried.
A public hearing was held on an ordinance amending Title 14, Zoning, Establishing
Definitions and a Use Classification Procedure for Drinking Establishments and Alcohol
Sales-Oriented Retail Uses and Establishing Minimum Spacing Requirements for Drinking
Establishments throughout the City and for Alcohol-Sales Oriented Retail Uses in the Central
Business Service (CB-2), Central Business Support (CB-5), and Central Business (CB-10)
Zones. Urban Planner Howard present for discussion. The following individuals appeared:
Nathaniel Gavronsky, 604 Bowery; Sarah Hansen, University of Iowa Student Health
Services, 711 Kimball; Dana Figlock, 2551 Holiday Rd.; Peter Nathan, University Emeritus
Professor, 248 Blacksprings Circle; Greg Pelc; Libris Fidelis, PO Box 2146; and Will
Jennings, 311 Fairchild. Moved and seconded to accept correspondence from Niki Neems.
The Mayor declared the motion carried.
Moved and seconded that the ordinance amending Title 14, Zoning, Establishing
Definitions and a Use Classification Procedure for Drinking Establishments and Alcohol
Sales-Oriented Retail Uses and Establishing Minimum Spacing Requirements for Drinking
Establishments throughout the City and for Alcohol-Sales Oriented Retail Uses in the Central
Business Service (CB-2), Central Business Support (CB-5), and Central Business (CB-10)
Zones, be given first vote. The Mayor declared the motion carried.
Moved and seconded, that ORD. 09-4336, CONDITIONALLY REZONING
APPROXIMATELY 0.98 ACRES OF PROPERTY LOCATED NORTH OF ROHRET ROAD
FROM INTERIM DEVELOPMENT SINGLE-FAMILY RESIDENTIAL (ID-RS) TO LOW
DENSITY SINGLE-FAMILY RESIDENTIAL, 40.13 ACRES FROM RURAL RESIDENTIAL (RR-
1) TO LOW .DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) AND 57.49 ACRES FROM
LOW DENSITY SINGLE-FAMILY RESIDENTIAL TO PLANNED DEVELOPMENT OVERLAY
LOW DENSITY SINGLE-FAMILY RESIDENTIAL (OPD-5) (REZ08-00011), be passed and
adopted. Robert Hegeman, 44 Tucson Place, appeared. Moved and seconded to accept
correspondence from Robert Hegeman, Mike Barber, Larry Jewell and (17) Protest of
Rezoning signatures. The Mayor declared the motion carried.
Moved and seconded to adopt RES. 09-137, APPROVING THE PRELIMINARY PLAT
OF COUNTRY CLUB ESTATES PARTS 3-7, IOWA CITY, IOWA (SUB09-00010).
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May 5, 2009
Page 4
A public hearing was held on a resolution adopting Iowa City's FY10 Annual Action
Plan and FY09 Annual Action Plan Amendment, which are sub-parts of Iowa City's 2006-
2010 Consolidated Plan (City Steps), and authorizing the City Manager to submit said plan
and amendment and all necessary certifications to the U.S. Department of Housing and
Urban Development, and designating the City Manager as the authorized Chief Executive
Officer. Council Member Champion left the room due to a conflict of interest.
Moved and seconded to adopt RES. 09-138, ADOPTING IOWA CITY'S FY10
ANNUAL ACTION PLAN AND FY09 ANNUAL ACTION PLAN AMENDMENT, WHICH ARE
SUB-PARTS OF IOWA CITY'S 2006-2010 CONSOLIDATED -PLAN (CITY STEPS), AND
AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND AMENDMENT AND
ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE
AUTHORIZED CHIEF EXECUTIVE OFFICER. Council Member Champion returned to the
meeting.
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization of a loan agreement and the issuance of not to exceed
$4,995,000 General Obligation Capital Loan Notes. The Mayor declared the public hearing
closed.
Moved and seconded to adopt RES. 09-139, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND
THE ISSUANCE OF NOT TO EXCEED $4,995,000 GENERAL OBLIGATION CAPITAL
LOAN NOTES.
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization of a loan agreement and the issuance of not to exceed
$6,500,000 General Obligation Refunding Capital Loan Notes, Series 2009E. The Mayor
declared the public hearing closed.
Moved and seconded to adopt RES. 09-140, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND
THE ISSUANCE OF NOT TO EXCEED $6,500,000 GENERAL OBLIGATION REFUNDING
CAPITAL LOAN NOTES, SERIES 2009E.
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization of a loan agreement and the issuance of not to exceed $700,000
General Obligation Capital Loan Notes. The Mayor declared the public hearing closed.
Moved and seconded to adopt RES. 09-141, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND
THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION CAPITAL LOAN
NOTES.
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization of a loan agreement and the issuance of not to exceed $680,000
General Obligation Capital Loan Notes. The Mayor declared the public hearing closed.
Moved and seconded to adopt RES. 09-142, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND
THE ISSUANCE OF NOT TO EXCEED $680,000 GENERAL OBLIGATION CAPITAL LOAN
NOTES.
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May 5, 2009
Page 5
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization of a loan agreement and the issuance of not to exceed $360,000
General Obligation Capital Loan Notes. The Mayor declared the public hearing closed.
Moved and seconded to adopt RES. 09-143, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND
THE ISSUANCE OF NOT TO EXCEED $360,000 GENERAL OBLIGATION CAPITAL LOAN
NOTES.
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization of a loan agreement and the issuance of not to exceed $510,000
General Obligation Capital Loan Notes. The Mayor declared the public hearing closed.
Moved and seconded to adopt RES. 09-144, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND
THE ISSUANCE OF NOT TO EXCEED $510,000 GENERAL OBLIGATION CAPITAL LOAN
NOTES.
Moved and seconded to consider Items 13 - 16 at this time. The Mayor declared the
motion carried. Moved and seconded to adopt RES. 09-145, DIRECTING SALE OF
$6,685,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2009C; to adopt
RES. 09-146, DIRECTING SALE OF $505,000 TAXABLE GENERAL OBLIGATION
CAPITAL LOAN NOTES, SERIES 2009D; to adopt RES. 09-147, DIRECTING SALE OF
$6,135,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES
2009E; to adopt RES. 09-148, AUTHORIZING THE REDEMPTION OF OUTSTANDING
GENERAL OBLIGATION BONDS, SERIES 2001, DATED JUNE 15, 2001 OF THE CITY OF
IOWA CITY, IOWA, AND DIRECTING NOTICE BE GIVEN.
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. 09-
4337, AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS
AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS, " TO
ELIMINATE THE CAP ON TEMPORARY SIDEWALK PERMITS AND TO EXPAND THE
PERMIT FOR FRIDAYS DURING THE SUMMER BY ESTABLISHING A NEW SIDEWALK
RETAILING PERMIT, be voted on for final passage at this time. The Mayor declared the
motion carried. Moved and seconded that the ordinance be finally adopted at this time.
Moved and seconded, that ORD. 09-4338, AMENDING TITLE 3, ENTITLED "CITY
FINANCES, TAXATION AND FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES,
RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 3-4-5, ENTITLED
"SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE CERTAIN
SOLID WASTE CHARGES, be passed and adopted.
Moved and seconded that ORD. 09-4339, AMENDING TITLE 9 ENTITLED "MOTOR
VEHICLES AND TRAFFIC", CHAPTER 7 ENTITLED "VEHICLE SIZE, WEIGHT AND LOAD,"
TO RESTRICT LARGE TRUCK TRAFFIC ON NORTH SUMMIT STREET AND DEWEY
STREET, be passed and adopted.
Moved and seconded to adopt RES. 09-149, AUTHORIZING THE MAYOR TO SIGN
AND THE CLERK TO ATTEST TO AN AGREEMENT TO LEND ANISTON VILLAGE
LIMITED PARTNERSHIP $282,000 TO PURCHASE LAND TO CONSTRUCT AFFORDABLE
RENTAL HOUSING.
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May 5, 2009
Page 6
Moved and seconded, to adopt RES. 09-150, APPROVING AN AGREEMENT TO
PURCHASE 612 NORMANDY DRIVE WITH A STATE COMMUNITY DISASTER GRANT.
Moved and seconded to adopt RES. 09-151, APPROVING AN AGREEMENT TO
PURCHASE 105 TAFT SPEEDWAY WITH A STATE COMMUNITY DISASTER GRANT.
Moved and seconded to adopt RES. 09-152, APPROVING THE ACCEPTANCE OF
THE DEDICATION OF A 0.28 ACRE PARCEL OF LAND ON AUDITOR'S PARCELS
2008005 AND 2008004, SOUTHEAST OF DODGE STREET COURT IN IOWA CITY,
JOHNSON COUNTY, IOWA, AS PUBLIC RIGHT-OF-WAY.
Moved and seconded to adopt RES. 09-153, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR CONSTRUCTION OF THE 2009 WATER MAIN DIRECTIONAL BORING PROJECT.
Moved and seconded to adopt RES. 09-154, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR CONSTRUCTION OF THE 2009 PAVEMENT REPLACEMENT FOR WATER MAIN
PROJECT.
Moved and seconded to adopt RES. 09-155, REJECTING BIDS RECEIVED ON
APRIL 28, 2009 FOR THE BURLINGTON STREET PEDESTRIAN BRIDGE
REHABILITATION PROJECT, AND SETTING A NEW DATE of May 19, 2009 FOR RECEIPT
OF BIDS FOR THE REBIDDING OF THE BURLINGTON STREET PEDESTRIAN BRIDGE
REHABILITATION PROJECT, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT
FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
Moved and seconded to adopt RES. 09-156, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION
FUNDING AGREEMENT FOR THE 4207" STREET CORRIDOR IMPROVEMENTS
PROJECT RM-3715(645)--9D-52.
Moved and seconded, to adopt RES. 09-157, APPROVING, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN
AMENDMENT TO THE FEBRUARY 10, 2009 AGREEMENT BY AND BETWEEN THE CITY
OF IOWA CITY AND FOTH INFRASTRUCTURE AND ENVIRONMENTAL, L.L.C. TO
PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE 420TH STREET
CORRIDOR IMPROVEMENTS PROJECT.
Moved and seconded to adopt RES. 09-158, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION
FUNDING AGREEMENT FOR THE OLD HIGHWAY 218 RESURFACING PROJECT ESL-
3715(643)--7S-52.
Moved and seconded to adopt RES. 09-159, APPROVING, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SECOND
AMENDMENT TO THE NOVEMBER 5T", 2007 AGREEMENT BY AND BETWEEN THE.
CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS
TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY SANITARY
LANDFILL.
Moved and seconded to adopt RES. 09-160, AUTHORIZING AND DIRECTING THE
MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SECOND AMENDMENT TO
THE MAY 1, 2007 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND
HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE
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May 5, 2009
Page 7
ENGINEERING CONSULTANT SERVICES FOR LANDFILL GAS, AIR AND WATER
QUALITY MONITORING AT THE IOWA CITY SANITARY LANDFILL.
Moved and seconded to adopt RES. 09-161, AUTHORIZING THE CITY MANAGER
TO EXECUTEALL DOCUMENTS NECESSARY TO ACQUIRE PROPERTIES THROUGH
THE HAZARD MITIGATION GRANT PROGRAM.
Moved and seconded to approve the appointment of Student Liaison Jeff Shipley and
alternate Andrew Rausch from the University of Iowa Government (UISG) to the City Council
May 1, 2009 until May 1, 2010. Outgoing UISG Liaison Tyler Gunn and incoming Liaison Jeff
Shipley appeared. The Mayor declared the motion carried.
Moved and seconded to adopt RES. 09-162, APPROVING THE APPOINTMENT OF
DALE HEELING AS INTERIM CITY MANAGER FOR THE CITY OF IOWA CITY.
Moved and seconded to adopt RES. 09-163, AUTHORIZING THE CITY MANAGER
TO SIGN A FARM LEASE AND SECURITY AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND PHILLIP PRYBIL FOR 103 ACRES LOCATED NORTH AND SOUTH OF 420tH
STREET BETWEEN SCOTT BOULEVARD AND TAFT AVENUE, IOWA CITY, IOWA.
The Mayor noted the previously announced vacancies on 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 Brd of Adjustment to fill afive-year
term January 1, 2009 -December 31, 2013; Airport Zoning Commission to fill asix-year term
January 1, 2006 -December 31, 2011; Appeals, Board of to fill afive-year term January 1,
2009 -December 31, 2013, one for a Mechanical Professional; Human Rights Commission
to fill an unexpired term, effective upon appointment, ending January 1, 2010; Youth Advisory
Commission to fill atwo-year term for Tate High January 1, 2009 -December 31, 2010.
Applications must be received by 5:00 p.m., Wednesday, May 13, 2009; Board of Adjustment
to fill an unexpired term, effective upon appointment, plus afive-year term ending January 1,
2015. Applications must be received by 5:00 p.m., Wednesday, June 10, 2009. 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.]
Moved and seconded to adjourn 11:35 p.m. The Mayor declared the motion carried.
A more complete description of Coun ' Activitie is file in the office of the City Clerk.
s/Regenia D. Bailey, Mayor
s/Marian K. Karr, City Clerk
Submitte r ublication - 5/12/09.
P