HomeMy WebLinkAbout2009-06-02 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
JUNE 2, 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, Rocca, O'Brien, Rummels,
Scott.
Jeff Schadler, MidAmerican Energy presented a check to Mayor Bailey and Fire Chief
Rocca recognizing Fire Station #2 for participating in the new commercial construction
program (green building).
Moved by Champion, seconded by Hayek, that the following items and
recommendations in the Consent Calendar be received, or approved, and/or adopted as
amended:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk. May 18, Regular Council Work Session; May 19, 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): Parks and
Recreation Commission -December 10, 2008; Board of Adjustment -January 14,
2009; Board of Adjustment -January 20, 2009; Historic Preservation Commission -
April 13, 2009; Human Rights Commission -April 21, 2009; Board of Appeals -
December 1, 2008; Animal Care Task Force -April 24, 2009: Housing and Community
Development Commission -April 16, 2009; Housing and Community Development
Commission -May 4, 2009; Planning and Zoning Commission -May 7, 2009; Police
Citizens Review Board -March 10, 2009.
Permit Motions and Resolutions as Recommended by the City Clerk.
Renewal: Class B Beer Permit for NPC International, Inc., dba Pizza Hut $4358, 1926
Keokuk St.; Class C Beer Permit for EI Paso Tienda y Taqueria, Inc., dba EI Paso the
Mexican Store, 609 Hollywood Blvd.; Class C Beer Permit for Kum & Go, LC, dba Kum
& Go #422, 513 S. Riverside Dr.; Class C Liquor License for Weeks-Van Eck Post
#3949 Veterans of Foreign Wars of the United States dba Weeks-Van Eck Post #3949
Veterans of Foreign Wars, 609 Highway 6 East; Class C Liquor License for Not a
Malfunction, Inc., dba Picador, 330 E. Washington St.; Outdoor Service Area for Not a
Malfunction, Inc., dba Picador, 330 E. Washington St.; Class C Liquor License for MP
Investments, LLC, dba Vito's, 118 E. College St.; Class C Liquor License for GFP,
Inc., dba Wig & Pen Pizza Pub, 1220 Highway 6 W.; Outdoor Service Area for GFP,
Inc., dba Wig & Pen Pizza Pub, 1220 Highway 6 W.
Motions: Approve Abstract of Voters for Sales Tax Election held May 5, 2009.
Public Hearings. RES. 09-188, SETTING A PUBLIC HEARING ON JUNE 16,
2009 ON PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE BURLINGTON / US HWY 6 BRIDGES FLOOD REPAIR
PROJECT [ER-3715(641)--8R-52 & ER-3715(642)--8R-52], DIRECTING CITY CLERK
TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER
Complete Description
June 2, 2009
Page 2
TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 09-189,
SETTING A PUBLIC HEARING ON JUNE 16, 2009 ON PLANS, SPECIFICATIONS,
AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RIVERSIDE DRIVE
FLOOD REPAIR PROJECT [ER-3715(638)--8R-52], DIRECTING CITY CLERK TO
PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO
PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 09-190, SETTING
A PUBLIC HEARING ON JUNE 16, 2009 ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CITY
OF IOWA CITY /SHERATON HOTEL PEDESTRIAN WALKWAY IMPROVEMENT
JOINT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID
HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON
FILE FOR PUBLIC INSPECTION.
Resolutions: RES. 09-191, AUTHORIZING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN
THE CITY OF IOWA CITY AND U.S. BANK, IOWA CITY, IOWA FOR PROPERTY
LOCATED AT 1034 CONKLIN LANE, IOWA CITY, IOWA; RES. 09-192,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE
PARTIAL RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY
LOCATED AT 2527 WHISPERING PRAIRIE AVENUE, IOWA CITY, IOWA.
Correspondence. Acting Traffic Engineering Planner regarding Install bike lanes
on Market Street and Jefferson Street between Governor Street and Gilbert Street
[Staff memorandum and correspondence from Cody Gieselman included], Nick
Maddix; Jill and Justin Fishbaugh regarding Non-FEMA buyouts in Parkview Terrace;
Chris Jose regarding Panhandlers; Rent Control letters from DeeAnna Blette(X2),
Holly Hart, Victoria Schweiger; Gary Sanders(X3) regarding FBI infiltrates Iowa City
Peace Group; Garry Klein regarding Fish kill in Iowa City [staff response included];
Jamie Good regarding Building a park in the Lakeside area; Joseph Jason regarding
Daniel S. Jason; Gary Sanders regarding Gang "tagging"; Abe Kline (X2) regarding
Unfunded project #10-North Dodge Reconstruction (2).
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the motion carried.
Senior Center Commissioner Jay Honohan updated Council on upcoming activities at
the Center. Friends of the Animal Center Foundation Treasurer Kristof Richmond, 1127 Dill
St., appeared regarding building a new shelter. Majority of Council agreed to add discussion
of a new animal shelter to their pending list and schedule for work session discussion after
funding information has been received from FEMA.
Moved by Wilburn, seconded by Hayek, to set a public hearing for June 16 on an
ordinance amending Title 14, Zoning, adding a Business Services Land Use Category,
modifying the Street Width Standards for Institutional Uses in Residential Zones, and
clarifying applicable regulations to and allow Minor Modifications to Site Development
Standards in the Public Zone. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
Moved by Correia, seconded by Wright, that ORD. 09-4340, 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,
Complete Description
June 2, 2009
Page 3
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 passed and adopted. The Mayor requested Council Members disclose any ex
parte communications. Individual Council Members shared communications and expressed
their views. The Mayor declared the ordinance adopted, 6/1, with the following division of roll
call vote. Ayes: Wilburn, Wright, Bailey, Champion, Correia, Hayek. Nays: O'Donnell.
Absent: None. Moved by Wilburn, seconded by Wright, to accept correspondence from:
Sandie/Zoe Eskin, John and Barbara Spence, Tom Scholz, David Hamilton, Terri Larson, Bu
Wilson, Christopher Manthe-Kuecker, Sue Kirk, Paul Juhl, Susan Futrell, Joan Spitzer, Jesse
Singerman, John Bakas, Sandra Eskin, Tom Baldridge, Timothy Stalter, Jane McCune and
Jackie Blank, Ellen Widiss, Missy Molleston. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Wright, seconded by Correia, that ORD. 09-4341, 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 passed and adopted.
Individual Council Members expressed their views. The Mayor declared the ordinance
adopted, 5/2, with the following division of roll call vote. Ayes: Wright, Bailey, Champion,
Correia, Wilburn. Nays: O'Donnell, Hayek. Absent: None.
Moved by Wilburn, seconded by Champion, to adopt RES. 09-193, APPROVING THE
PRELIMINARY AND FINAL PLAT OF SCOTT - SIX INDUSTRIAL PARK, 2ND ADDITION, A
RESUBDIVISION OF A PART OF LOT 36, SCOTT-SIX INDUSTRIAL PARK, IOWA CITY,
IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the 2009 PCC Pavement Patching
Project, establishing amount of bid security to accompany each bid, directing City Clerk to
publish advertisement for bids, and fixing time and place for receipt of bids. No one
appeared.
Moved by O'Donnell, seconded by Correia, to adopt RES. 09-194, APPROVING
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE 2009 PCC PAVEMENT PATCHING PROJECT, ESTABLISHING
AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO
PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT
OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the motion carried.
Complete Description
June 2, 2009
Page 4
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the Old Highway 218 Resurfacing
Project [ESL-3715(643)-7S-52], establishing amount of bid security to accompany each bid,
directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of
bids. No one appeared.
Moved by Champion, seconded by Correia, to adopt RES. 09-195, APPROVING
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE OLD HIGHWAY 218 RESURFACING PROJECT [ESL-
3715(643)--7S-52], ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH
BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING
TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the resolution adopted.
A public hearing was held on an ordinance amending Title 3, Finances Taxation and
Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties, Section 8,
Parking Violations, to amend Parking Fees, Rates, and Fines. Transportation Services Dir.
O'Brien present for discussion. The following individuals appeared: Leah Cohen, Downtown
Association; Libris Fidelis, Capitol House Apartments; and Astrid Bennett, Iowa Artisan's
Gallery. Individual Council Members expressed their views. Moved by Champion, seconded
by O'Donnell, to accept correspondence from Leah Cohen and Valerie Chittick. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Wilburn, seconded by Wright, that the ordinance amending Title 3, Finances
Taxation and Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines, and
Penalties, Section 8, Parking Violations, to amend Parking Fees, Rates, and Fines, be given
first vote. Individual Council Members expressed their views. Moved by Champion,
seconded by Correia, to amend the ordinance by increasing parking ramps to $80, except the
Court Street and Chauncey Swan ramps which would move to $70 the first year and $80
after that; and not increasing rates for the parking meters. The Mayor declared the motion to
amend carried unanimously, 7/0, all Council Members present. The Mayor declared the
motion carried on first consideration as amended, 6/1, with the following division of roll call
vote. Ayes: Hayek, O'Donnell, Wilburn, Wright, Bailey, Correia. Nays: Champion.
Moved by O'Donnell, seconded by Wright, that the ordinance amending Title 8,
Chapter 5, Section 1, entitled "Disorderly Conduct" to include fighting or violent behavior in
the description of Disorderly Conduct, be given first vote. Affirmative roll call vote unanimous,
7/0, all Council Members present. The Mayor declared the motion carried.
Moved by Wright, seconded by O'Donnell, that the ordinance amending Title 9, Motor
Vehicles and Traffic, Chapter 9, Towing and Impoundment Procedures, Section 4,
Impoundment for Accumulated Parking Violations, Subsection A: Determination of Towing
and Impoundment, to Count Ramp Charges and Vehicle Unlock Fees toward the $50 "Tow
Threshold Amount", and to eliminate the reference to at least five (5) parking tickets; and Title
9, Motor Vehicles and Traffic, Chapter 1: Definitions, Administration and Enforcement of
Traffic Provisions, Section 1: Definitions, to include definitions of "Ramp Charges" and
"Vehicle Unlock Fee," be given first vote. Transportation Services Director O'Brien present
for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the motion carried.
Complete Description
June 2, 2009
Page 5
Moved by Hayek, seconded by Correia, that the ordinance amending Title 9, Motor
Vehicles and Traffic, Chapter 4, Parking Regulations, Section 6, Parking in Alleys:
Subsection B, Alleys in Commercial Districts: Paragraph 2, to limit parking in an alley to ten
(10) minutes, be given first vote. Transportation Services Director O'Brien present for
discussion. 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 amending Title 9, Motor
Vehicles and Traffic, Chapter 4, Parking Regulations, Section 1, Parking Prohibited in
Specified Places, Subsection A, Paragraph 6, and Title 9, Motor Vehicles and Traffic,
Chapter 4, Parking Regulations, Section 7: Vehicles on Parking Area, Subsection B:
Standards, Paragraph 3, Subparagraph C, to Change the Parking Restriction from within five
feet (5') of a fire hydrant to the five feet (5') of curb space in front of the fire hydrant, be given
first vote. Transportation Services Director O'Brien present for discussion. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried.
Moved by Wright, seconded by Wilburn, that the ordinance amending Title 9, Motor
Vehicles and Traffic, Chapter 5, Parking Meter Zones and Parking Lots, Section 6, Penalties;
Parking Tickets: by adding Subsection D, returned checks:, to allow for the recoupment of
financial penalties and administrative costs upon the return of any check or automatic bank
debit, be given first vote. Transportation Services Director O'Brien present for discussion.
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 amending Title 9, Motor
Vehicles and Traffic, Chapter 9, Towing and Impoundment Procedures, Section 1, Towing
and Impoundment of Abandoned Vehicles; Notices, Subsection A, Towing and Impoundment
authorized: to amend the notice requirement from seventy-two (72) hours to twenty-four (24)
hours before towing vehicles from city-owned parking ramps, be given first vote.
Transportation Services Director O'Brien present for discussion. Transportation Services
Director O'Brien present for discussion. 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 Wilburn, seconded by O'Donnell, that the ordinance amending Title 9, Motor
Vehicles and Traffic, Chapter 9, Towing and Impoundment Procedures, Section 4,
Impoundment for Accumulated Parking Violations: Subsection B, notice of Towing and
Impoundment; hearing:, to eliminate the requirement that the vehicle be in violation of parking
regulations at the time of towing or impoundment and streamline notice provisions, be given
first vote. Transportation Services Director O'Brien present for discussion. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried.
Moved by Wilburn, seconded by Hayek, to adopt RES. 09-196, AUTHORIZING THE
CITY MANAGER TO SIGN FARM LEASES AND SECURITY AGREEMENTS FOR ANY
AND ALL AGRICULTURAL LAND OWNED BY THE CITY OF IOWA CITY, IOWA.
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. 09-197, AUTHORIZING AN
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION
OF PROFESSIONAL FIREFIGHTERS, IAFF, AFL-CIO, LOCAL #610, TO BE EFFECTIVE
Complete Description
June 2, 2009
Page 6
JULY 1, 2009-JUNE 30, 2010. Individual Council Members expressed their views. The Mayor
declared the resolution adopted, 5/2, with the following division of roll call vote: Ayes: Wright,
Bailey, Correia, O'Donnell, Wilburn. Nays: Champion, Hayek. Absent: None.
Moved by Wilburn, seconded by Champion, to re-appoint Council Member Mike
O'Donnell, through the calendar year, to the SEATS Paratransit Advisory Committee. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
The Mayor noted previously announced vacancies to Boards and Commissions:
Airport Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus a
five-year term ending December 31, 2011; Airport Zoning Brd of Adjustment to fill afive-year
term January 1, 2009 -December 31, 2013; Airport Zoning Commission to fill a six-year term
January 1, 2006 -December 31, 2011; Board of Adjustment -One vacancy to fill an
unexpired term, effective upon appointment, plus afive-year term ending January 1, 2015;
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 Tate High
January 1, 2009 -December 31, 2010. Applications must be received by 5:00 p.m.,
Wednesday, June 10, 2009. 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. 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 Wright stated the upcoming week-end was his favorite with the Iowa
City Arts Festival and the (CARE pancake breakfast and encouraged everyone to participate.
Council Member Champion expressed frustration with the unfair issuance of parking
tickets in the downtown area; and invited everyone to attend the groundbreaking for the new
Shelter House on July 1 at 4:30 p.m.
Council Member Wilburn noted the Arts Festival and Global Village activities on
Saturday; and congratulated recent graduates from City High, Regina, and West High
Schools.
Council Member Correia congratulated Creekside Neighborhood Association on their
unveiling of the mural at the park shelter.
Mayor Bailey also announced activities at the Arts Festival; City Park Pool turns 60
and stated the City was celebrating with 10 cents admission and root beer floats; and her
participation in "The Giant Jam Sandwich" orchestral piece on Saturday morning.
Moved by Wilburn, seconded by Hayek, to adjourn 8:30 p.m. The Mayor declared the
motion carried unanimously, 7/0, all Council Members present. n
Ma ~ n K. Karr, City Clerk
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~~',_---r,®~ C[TY t~F [OWA CITY
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Date: May 18, 2009
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, May 18, 2009, 6:30 PM in Emma J. Harvat Hall
Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright
UISG Rep.: Shipley
Staff: Helling, Dilkes, Voparil, Davidson, Howard, Purdy, Moran, Neumann, Dulek, O'Brien
(A complete transcription is available in the City Clerk's Office and the City website)
JOINT MEETING PARKS 8~ RECREATION COMMISSION -MASTER PLAN [agenda # 10]
Parks and Recreation Commission Members John Westefeld, Lorin Ditzler, Maggie Elliott, Ryan
O'Leary, David Bourgeois, Aaron Krohmer, Craig Gustaveson and Margaret Loomer present
and responded to questions. Acting Parks & Recreation Director Moran also present. Majority
agreed to proceed with adoption of the Master Plan as presented.
STAFF ACTION: None
PASSANGER RAIL PRESENTATION BY CHAMBER OF COMMERCE
Rebecca Neades, Chamber of Commerce Vice-present and Director of Public Policy, appeared
asking for support of the Chicago Flyer initiative for passenger rail service from Iowa City to
Chicago, and urged everyone to sign up on Facebook to reach the 5,000 mark prior to a June
17 deadline. A slide of the proposed route was shown. (archived in City Clerk file).
COUNCIL APPOINTMENTS
Airport Zoning Brd of Adjustment - No applicants, re-advertise
Airport Zoning Commission - No applicants, re-advertise
Board of Appeals - No applicants, re-advertise
Human Rights Commission - Kelli Fleming
Youth Advisory Commission - No applicants, re-advertise
PLANNING & ZONING ITEM "b,c"
PCD Director Davidson presented information on the following items:
b) 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. (SECOND CONSIDERATION)
Council Work Session
May 18, 2009
Page 2
Urban Planner Howard responded to questions regarding the proposed ordinance.
c) APPROVING THE FINAL PLAT OF HICKORY POINTE, A RESUBDIVISION OF LOTS 39-
41, FIRST AND ROCHESTER PART ONE, IOWA CITY, IOWA. (SUB09-00002)
CDBG FLOOD ASSISTANCE (non HMGP eligible acquisition) [IP2 of 5/14 Info Packet]
Handout:
Flood Related Issues for Discussion at the May 18, 2009 Work Session
Power point /slides:
Housing acquisitions -Parkview Terrace
Housing Buy-outs Non-FEMA (CDBG) Elks property
Housing Buy-outs Non-FEMA (CDBG) Kennedy Property
PCD Director Davidson and Flood Recovery Specialist Purdy present for discussion. After
discussion a majority agreed to apply for CDBG funding to acquire:
Elks driving range
- Elks land between the bluff and the Iowa River
- Outlot D
- Jack Young property
- Properties in the 500-year floodplain in Parkview Terrace that meet the CDBG damage
requirements
Council did not accept the staff recommendation that all HMGP closings occur before April 30,
2010; and directed staff to explore the possibility of providing additional time in order to
accommodate those who wish to stay in their homes beyond that date.
STAFF ACTION: Proceed as directed.
PARKING FINE SCHEDULE /ORDINANCE CHANGES [agenda 2(e)3]
Transportation Services Director O'Brien presented information.
AGENDA ITEMS
1. (Consent Calendar # 2g(2) -correspondence from James Adrian and Jack Piper re
business signs) In response to Council Member Wright, a majority agreed to prepare
information addressing limited use of "sandwich boards". City Atty. Dilkes stated the item
would have to go through Planning & Zoning as well.
2. (Consent Calendar # 2g(8) -Correspondence from Arvind Thakore re Dolphin Lake Point)
In response to Council Member Correia, PCD Director Davidson stated staff was following
up on the information and money already spent from CDBG or HOME funds and would
report back.
INFORMATION PACKET DISCUSSION [5/7 and 5/14]
1. (IP2 of 5/7 Info Packet - FY2009 Budget Amendment Cycle 3) Council Member Hayek
requested a quarterly update of financial investments prior to budget priority setting work
sessions scheduled the following week.
CRIME STATISTICS REPORT [IP3 and IP14 of 5/14 Info Packet]
Police Chief Hargadine and Housing Adm. Rackis presented information.
Council Work Session
May 18, 2009
Page 3
BUDGET/PRIORITIES
None
COUNCIL TIME
Majority agreed to start the Budget Priority Setting Work Sessions on May 26 and May 28 at
6:30 PM (rather than 5:30).
SCHEDULE OF PENDING DISCUSSION ITEMS
1. Mayor Bailey asked that the evaluation process for the City Clerk and City Attorney be
scheduled for the June 1 work session.
2. Council Member Hayek questioned the scheduling of a joint meeting with Historic
Preservation Commission to discuss energy efficiency and green issues. Majority
agreed to ask Urban Planner Kuecker (Staff to the Commission) for a memo regarding
environmental issues and energy efficiency issues prior to scheduling a joint meeting.
UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS
Mayor Bailey noted the handout relative to the Memorial Day events.
DISCUSSION OF MEETING SCHEDULE
None
Meeting adjourned 10:00 PM.
3a 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 - 5/19/09
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.
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: 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, Inc.,
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
May 19, 2009
Official Actions
Page 2
COST FOR THE CONSTRUCTION OF THE OLD HIGHWAY 218 RESURFACING
[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.
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
May 19, 2009
Official Actions
Page 3
and seconded to accept correspondence from Liz Ford. 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, be given second consideration.
The Mayor declared the motion carried. Moved and seconded 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.
Moved and seconded 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. The Mayor declared the motion carried.
Moved and seconded 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).
A public hearing was held on a resolution amending the FY2009 Operating Budget.
Moved and seconded to adopt RES. 09-176, AMENDING THE CURRENT BUDGET
FOR THE FISCAL YEAR ENDING JUNE 30, 2009.
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 and seconded to adopt RES. 09-177, ASSESSING A $300.00 CIVIL PENALTY
AGAINST HEAD HUNTERS GLASS, INC.
Moved and seconded to approve a Tax Exemption 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.
Moved and seconded 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.
Moved and seconded 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.
May 19, 2009
Official Actions
Page 4
Moved and seconded 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.
Moved and seconded 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.
Moved and seconded 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.
Moved and seconded 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.
Moved and seconded 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.
Moved and seconded to adopt RES. 09-181., ADOPTING THE IOWA CITY PARKS
RECREATION AND TRAILS MASTER PLAN FINAL REPORT AND EXECUTIVE
SUMMARY. Moved and seconded to accept correspondence from Lorin Ditzler and John
Westefeld. The Mayor declared the motion carried.
Moved and seconded 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.
Moved and seconded to adopt RES. 09-183, APPROVING THE HAZARD
MITIGATION GRANT PROGRAM (HMGP) ADMINISTRATIVE PLAN. Morris Daily
appeared.
Moved and seconded 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.
Moved and seconded to adopt RES. 09-185, AUTHORIZING THE ACQUISITION OF
PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE SANDUSKY
STORM SEWER IMPROVEMENTS PROJECT.
Moved and seconded to adopt RES. 09-186, AWARDING CONTRACT 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.
Moved and seconded to adopt RES. 09-187, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR CONSTRUCTION OF THE BURLINGTON STREET PEDESTRIAN BRIDGE
REHABILITATION PROJECT.
May 19, 2009
Official Actions
Page 5
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 a six-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.]
Moved and seconded 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.
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.
Matthew Sullivan Weegand appeared requesting additional spots be provided for
selling from carts in the downtown pedestrian plaza.
Moved and seconded to adjourn 7:53 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 Depart nt.
s/Regenia D. Bailey, Mayor ~-
s/Julie K. Vop ril,, Deputy ity Clerk
~, ~~~`~~
Subnnitted~For publication - 5/2 /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
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, Inc.,
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 present.
Regenia D. Bailey, Mayor
Julie K. Voparil, Deputy City Clerk