HomeMy WebLinkAbout2009-09-29 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
SEPTEMBER 29, 2009
Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Bailey presiding.
Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright.
Absent: None. Staff members present: Helling, Dilkes, Karr, Davidson, Hart, Fosse,
Neumann.
The Mayor proclaimed Fire Prevention Week -October 4-10, 2009, Fire Lieutenant
Thomas Lacina accepting; Mental Illness Awareness Week -October 4-10, 2009, Nyle
Jessen, Co-President NAMI Johnson County accepting.
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: September 10, Special Council Work Session; September 14, Special
Council Formal Official and Complete; September 14, Regular Council Work Session;
September 15, 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). Board of
Adjustment -June 10, 2009; Historic Preservation Commission -August 13, 2009;
Planning and Zoning Commission -September 3, 2009; Airport Commission -July 16,
2009; Public Art Advisory Committee -June 4, 2009; Telecommunications
Commission -July 27, 2009; Senior Center Commission -May 19, 2009; Senior
Center Commission -June 30, 2009; Parks & Recreation Commission -July 8, 2009;
Human Rights Commission -August 18, 2009.
Permit Motions and Resolutions as Recommended by the City Clerk.
Renewals: Class C Liquor License for Saloon of Iowa City, LC, dba Saloon, 112 E.
College St.; Class C Liquor License for Givanni's of -Iowa City, Inc., dba Givanni's, 109
E. College St.; Class C Liquor License for Micky's of Iowa City, Inc., dba Micky's Irish
Pub, 11 S. Dubuque St.; Class C Liquor License for Mondo's of Iowa City, Inc., dba
Joseph's Steakhouse, 212 S. Clinton St.; Class C Liquor License for Bread Garden of
Iowa City, LC, dba Bread Garden Market & Bakery, 225 S. Linn St.; Class C Liquor
License for Dawit's Restaurant, Inc., dba David's Place, 100 S. Linn St.; Class C Beer
Permit for On the Go Convenience Stores, Inc., dba On the Go Convenience Stores,
Inc., 2315 Muscatine Ave.
Motions: Approve disbursements in the amount of $9,195,163.01 for the period
of August 1 through August 31, 2009, as recommended by the Finance Director
subject to audit.
Public Hearing: RES. 09-310, FIXING DATE (October 6) FOR A MEETING ON
THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT
TO EXCEED $10,000,000 PARKING SYSTEM REVENUE REFUNDING CAPITAL
LOAN NOTES, SERIES 2009F, OF THE CITY OF IOWA CITY, STATE OF IOWA,
AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF.
September 29, 2009
Complete Description
Page 2
Resolutions: RES. 09-311, AUTHORIZING THE MAYOR EXECUTE AND THE
CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 609 MANOR DRIVE, IOWA CITY, IOWA; RES. 09-312,
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO
A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
IOWA FINANCE AUTHORITY, DES MOINES, IOWA FOR PROPERTY LOCATED AT
817-825 PEPPERWOOD LANE, IOWA CITY, IOWA; RES. 09-313, AUTHORIZING
APPLICATIONS FOR FUNDING ASSISTANCE FOR FEDERAL RECREATION
TRAILS PROGRAM (FRT) PROJECTS TO THE IOWA DEPARTMENT OF
TRANSPORTATION (IDOT), FOR DEVELOPMENT OF RECREATION TRAILS.
Correspondence: JCCOG Traffic Engineering Planner regarding Installation of
(2) YIELD signs: (1) on the northwest corner of the intersection of Dublin Drive and
Tipperary Road and, (1) on the southeast corner of the intersection of Shannon Drive
and Tipperary Road; JCCOG Traffic Engineering Planner regarding Installation of (1)
NO PARKING HERE TO CORNER sign on the southeast corner of the intersection of
Middlebury Road and Westbury Drive; Acting Traffic Engineering Planner regarding
Installation of (1) HANDICAP PARKING space in front of 620 N. Linn Street; Maria
Ortega Kummer & Kevin Kummer regarding Thank you for approving PIN grant for
sidewalks; AI Gibson regarding September 15 Council meeting; R. McDonald
regarding Edited tape of Council meeting [staff response included]; Bernadine Franks
regarding St. Luke's Chemical Dependency Program; Laura Rios regarding City High
students and the Iowa City Transit System [staff response included]; Phil Reisetter
regarding Taft Speedway levy; letters regarding Chickens from Phil and Pam Karp,
Kevin Keyser, Circe Stumbo, Marcia Welch; Daniel Kim regarding Parking ticket.
Affirmative roll call vote unanimous, 7/0, all Council Members present. Council Member
Wilburn noted the public hearing being set for October 6 refunding parking system revenue
bonds. The Mayor declared the motion carried.
A public hearing was held on an ordinance conditionally rezoning approximately 4.29
acres of property located on Walden Road, west of Mormon Trek Boulevard from Medium
Density Single Family Residential (RS-8) Zone to High Density Single Family Residential (RS-
12)Zone (REZ09-00003). No one appeared. Moved by Champion, seconded by O'Donnell, to
accept correspondence from Glenn Siders. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Champion, seconded by Wright, to defer indefinitely the ordinance
conditionally rezoning approximately 4.29 acres of property located on Walden Road, west of
Mormon Trek Boulevard from Medium Density Single Family Residential (RS-8) Zone to High
Density Single Family Residential (RS-12) Zone (REZ09-00003). The Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
A public hearing was held on an ordinance amending Title 14, Zoning, to allow
communication towers in the Interim Development Residential (ID-RS and ID-RM) Zones by
special exception, specify documentation requirements for special exceptions for
communication towers, clarify co-location requirements, and add a requirement to remove
towers after the use is discontinued. PCD Director Davidson present for discussion. Peter
McNally, The Grinnell Group, appeared. Moved by Wilburn, seconded by O'Donnell, to
September 29, 2009
Complete Description
Page 3
accept correspondence from Peter McNally. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Wilburn, seconded by O'Donnell, that the ordinance amending Title 14,
Zoning, to allow communication towers in the Interim Development Residential (ID-RS and
ID-RM) Zones by special exception, specify documentation requirements for special
exceptions for communication towers, clarify co-location requirements, and add a
requirement to remove towers after the use is discontinued, be given first vote. Affirmative
roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion
carried.
A public hearing was held on an ordinance rezoning 3,450 square feet of land located
at 611 Southgate Avenue (Breese Co.) from Community Commercial (CC-2) to Intensive
Commercial (CI-1) (REZ09-00005). PCD Director Davidson present for discussion.
Moved by O'Donnell, seconded by Correia, that the ordinance rezoning 3,450 square
feet of land located at 611 Southgate Avenue (Breese Co.) from Community Commercial
(CC-2) to Intensive Commercial (CI-1) (REZ09-00005), be given first vote. Affirmative roll call
vote unanimous, 7/0, all Council Members. present. The Mayor declared the motion carried.
A public hearing was held on a resolution authorizing the Mayor to sign and the City
Clerk to attest a ground lease with the Joint Emergency Communications Services Association
of Johnson County for placement of a monopole telecommunications tower at the Iowa City
Industrial Park. No one appeared.
Moved by Hayek, seconded by Correia, to adopt RES. 09-314, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A GROUND LEASE WITH THE
JOINT EMERGENCY COMMUNICATIONS SERVICES ASSOCIATION OF JOHNSON
COUNTY FOR PLACEMENT OF A MONOPOLE TELECOMMUNICATIONS TOWER AT
THE IOWA CITY INDUSTRIAL PARK. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Moved by O'Donnell, seconded by Champion, that the ordinance amending Title 8,
Police Regulations, Chapter 6, persons under eighteen years of age, to add a new Section 2,
Juvenile Curfew to add a new juvenile curfew ordinance, be given second vote. Moved by
Wright, seconded by Correia to defer second vote to December 1. The following individuals
appeared: Henri Harper, City High School student advocate and school juvenile court liaison;
Joyce Barker; Kenya Badgett; Jaycee Bryant, 2509 Bartelt Rd.; Royceann Porter, 136
Appanoose Ct.; Garry Klein, 628 - 2nd Ave.; Doug Fern, The Spot; Keshianer Denton, 2160
Davis St.; and Zach Wahls, 1219 Santa Fe Dr., Youth Advisory Commission. Individual
Council Members expressed their views. The Mayor declared the motion to defer carried, 5/2,
with the following division of voice vote. Ayes: Wilburn, Wright, Bailey, Champion, Correia.
Nays: O'Donnell, Hayek. Absent: None. Moved by Wilburn, seconded by Hayek, to accept
correspondence from Henri Harper, Mark Hubbard, Vershawn Young, Joyce Barker, Juli
Mottinger [staff response included], Pat Jirsa [staff response included], Natalie Schlicht, Jane
Klitzka, Susan Futrell. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
Moved by Champion, seconded by O'Donnell, that the ordinance amending Title 8,
Police Regulations, Chapter 5, Miscellaneous Offenses, to add a new Section 11, entitled
"Standing, Loitering and Obstructing Persons", be given second vote. The following
individuals appeared: Garry Klein, 628 - 2nd Ave.; Peter Hansen, 1203 Cambria Ct.; and
September 29, 2009
Complete Description
Page 4
Kenya Badgett. Police Lt. Hart present for discussion. Individual Council Members expressed
their views. The Mayor declared the motion carried, 6/1, with the following division of roll call
vote. Ayes: Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion. Nays: Correia. Absent:
None. Moved by Wilburn, seconded by Hayek, to accept correspondence from Garry Klein.
The Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Wright, seconded by Hayek, that the ordinance amending Title 4, Alcoholic
Beverages, Chapter 2, Liquor Licenses and Beer Permits, Section 3, Local Review of
Application /Investigation of applicant, be given second vote. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the motion carried.
Moved by Champion, seconded by O'Donnell, that the ordinance amending Title 4,
"Alcoholic Beverages" Chapter 5, "Prohibitions and Restrictions", Section 3, "Consumption or
Possession in Public Places and City Buildings to exclude property leased from the city for a
period of 99 years or more from the prohibition on the use and possession of alcohol in a city
park, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the motion carried.
Moved by Wilburn, seconded by O'Donnell, to defer indefinitely and refer to the
Planning and Zoning Commission, the ordinance amending Article 14-7B-7, "Development
Fees", to specify that the amount of the Near Southside Neighborhood Parking Facility District
Impact Fee shall be adjusted annually based on the National Historical Cost Indexes contained
in the most recent edition of the engineering new record rather than the means square foot
costs manual and to hold any negative changes to the cost index of the preceding year. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Hayek, seconded by Correia, to adopt RES. 09-315, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE
CITY OF IOWA CITY, IOWA, AND PUBLIC ACCESS TELEVISION, INC. FOR FUNDING,
OPERATION AND MANAGEMENT OF THE LOCAL PUBLIC ACCESS FUNCTION.
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 Wright, to accept correspondence from Linda Kroon, Laurie Haag (2),
Kelly Thornburg, Joe Jennison, Genie Maybanks, Adam Pollack, Terry Wahls, Annie Tucker,
Kris Johnson, Andy Small, Steve Rudin, Michael Baxter, Gloria Williams, Paul Ingram, Mary
Blackwood, Kelly Carrell, Kelly O'Berry, Joan Benson, Katy Sanders, Carly Armour, Lisa
Schrelhart, Robin Butler, Jewel Amos, Amy Winslow, Bridget Malone, Nyle Jessen, Kasie Ver
Schuure, Melissa Copeland-Silver, Melissa Brown, Alisa Meggitt, Judy Warth, Josh Goding.
Moved by Champion, seconded by Wilburn, to adopt RES. 09-316, SUPPORTING
INTERCITY PASSENGER RAIL SERVICE BETWEEN CHICAGO AND THE CITY OF IOWA
CITY. 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. 09-317, APPROVING,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST A SECOND 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.
September 29, 2009
Complete Description
Page 5
Moved by Champion, seconded by Hayek, to adopt RES. 09-318, AMENDING THE
BUDGETED POSITIONS IN THE ENGINEERING DIVISION OF THE PUBLIC WORKS
DEPARTMENT BY ADDING TWO SPECIAL PROJECTS ADMINSTRATORS POSITION.
Public Works Director Fosse present for discussion. Affirmative roll call vote unanimous, 7/0,
all Council Members present. The Mayor declared the resolution adopted.
The Mayor noted the previously announced vacancies to Boards and Commissions:
Airport Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus a
five-year term ending December 31, 2011; Airport Zoning 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, for a Mechanical Professional; Youth Advisory Commission for
two vacancies to fill unexpired terms, effective upon appointment, plus two-year terms
January 1, 2010 -December 31, 2011, At-Large; Youth Advisory Commission to fill atwo-
yearterm, Tate High, January 1, 2009 -December 31, 2010. Applications must be received
by 5:00 p.m., Wednesday, October 14, 2009. Airport Zoning Commission to fill asix-year
term January 1, 2010 -December 31, 2015. Appeals, Board of to fill afive-year term January
1, 2010 -December 31, 2014, for a Building Design Professional; Human Rights
Commission for three vacancies to fill three-year terms January 1, 2010 -January 1, 2013;
Parks and Recreation Commission for two vacancies to fill four-year terms January 1, 2010 -
January 1, 2014; Public Art Advisory Committee to fill athree-year term January 1, 2010 -
January 1, 2013, for an Art/Design Professional; Senior Center Commission for three
vacancies to fill three-year terms January 1, 2010 -December 31, 2012; Youth Advisory
Commission for two vacancies to fill two-year terms for At Large and Regina High, January 1,
2010 -December 31, 2011. Applications must be received by 5:00 p.m., Wednesday,
October 28, 2009.
The Mayor noted the current vacancy: Board of Adjustment to fill an unexpired term,
effective upon appointment, ending January 1, 2011. Applications must be received by 5:00
p.m., Wednesday, November 4, 2009. Moved by O'Donnell, seconded by Hayek, to accept
correspondence from Terry Hora. The Mayor declared the motion carried unanimously, 7/0,
all Council Members present. 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 highlighted a program "Managing Energy Efficiency in Older
Houses" scheduled for October 1 at the Public Library; and the Downtown Gallery Walk on
October 2.
Council Member Wilburn wished the West High SSIKE program good luck on their
diversity dinner scheduled for September 30.
Council Member Hayek reported on his attendance on various ceremonies
commemorating the 70th anniversary at City High.
Mayor Bailey reminded citizens of the McCollister Bridge dedication scheduled for
September 30; and the Iowa City Public Library community reads project "Animal, Vegetable,
Miracle" scheduled October 8.
Council Member Wilburn also reminded everyone of the Human Rights Breakfast
scheduled October 22 at 7:30 AM at Hotel Vetro.
September 29, 2009
Complete Description
Page 6
Moved by Wilburn, seconded by O'Donnell, to adjourn meeting 9:05 p.m. The Mayor
declared the motion carried unanimously, 7/0, all Council I~mbers pr~serrt~
Mari K. Karr, City Clerk
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Date: September 14, 2009
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, September 10 2009, 5:30 PM in Emma J. Harvat Hall
Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright
UISG: Shipley (6:35)
Staff: Helling, Dilkes, Karr, Hargadine, Bollinger
(A complete transcription is available in the City Clerk's Office and the City website)
Curfew & Delinquent Behavioral Ordinances (IP2 of 9/3 Information Packet)
City Atty. Dilkes summarized her memo. Interim City Manager Helling and Police Chief
Hargadine present for discussion. After discussion, Council staff to make the following changes
to the ordinances:
Curfew -change fine to a maximum of $50 or below at magistrate's discretion.
Loitering -add trails to A(1 ); add last sentence of subsection 1 to subsection 2.
In addition Council asked that the September 15th formal agenda be amended to show first
consideration of both revised ordinances; that the ordinances be available as soon as possible
on the City website; and encouraged public input prior to the second, and possibly final, reading
on September 29tH
STAFF ACTION: Ordinances revised and amended formal agenda posted on Friday,
September 11. (Dilkes, Karr)
Meeting adjourned 7:10 PM.
3a 2
Subject to change as finalized by the City Clerk. For a final official copy, contact
the City Clerk's office at 356-5040.
The cost of publishing the following proceedings and claims is $
Cumulative cost of this calendar year for said publication is $_
OFFICIAL COUNCIL ACTIONS - 9/14/09
Iowa City Council special meeting, 6:30 p.m. at City Hall. Mayor Bailey
presiding. Council Members present: Bailey, Champion, Correia, Hayek,
O'Donnell, Wilburn (6:32 p.m.), Wright. Absent: None.
Moved and seconded to adjourn to executive session to discuss the
purchase of particular real estate only where premature disclosure could be
reasonably expected to increase the price the governmental body would have to
pay for that property. The minutes and the tape recording of a session closed
under this paragraph (Real Estate) shall be available for public examination when
the transaction discussed is completed. The Mayor declared the motion
carried.
Moved and seconded to adjourn special meeting 6:55 p.m. The Mayor
declared the motion carried.
A more complete description of Council Activities is on file in the office of
the City Clerk.
s/Regenia D. Bailey, Mayor
s/Marian K. Karr, City Clerk-
~itted for publication - 9/16/09.
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Date: September 14, 2009
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, September 14, 2009, 6:55PM in Emma J. Harvat Hall
Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Hayek
UISG: Shipley
Staff: Helling, Dilkes, Karr, Davidson, Morris, Moran, Fosse, Rocca, Boothroy,
Goodman
(A complete transcription is available in the City Clerk's Office and the City website; meeting
started after a special formal and executive session.)
PLANNING AND ZONING ITEMS "a,c"
PCD Director Davidson presented information on the following items:
a) SETTING A PUBLIC HEARING FOR SEPTEMBER 29 ON AN ORDINANCE AMENDING
TITLE 14, ZONING TO ALLOW COMMUNICATION TOWERS IN THE INTERIM
DEVELOPMENT RESIDENTIAL (ID-RS AND ID-RM) ZONES BY SPECIAL EXCEPTION.
(REZ09-00004)
No discussion.
c) APPROVING THE EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF
JOHNSON COUNTY EXTENSION SERVICE SUBDIVISION, JOHNSON COUNTY, IOWA.
(S U B09-00006/S U B09-00007)
Recommended approval pending acceptance of the final legal papers.
COUNCIL APPOINTMENTS
Airport Zoning Brd of Adjustment - no applicants, re-advertise
Airport Zoning Brd of Adjustment - no applicants, re-advertise
Airport Zoning Commission - no applicants, re-advertise
Board of Adjustment - Robert Anderson
Board of Appeals - no applicants, re-advertise
Historic Preservation Commission -Dana Thomann
Housing & Community Development - Jarrod Gatlin and Rachel Zimmermann
Youth Advisory Commission - no applicants, re-advertise
Youth Advisory Commission - no applicants, re-advertise
City Atty. Dilkes stated that she and the City Clerk were working on revisions to the Council
procedures given the new State law regarding gender balance that goes into effect in 2012 for
state mandated boards and commissions only. In response to Hayek, the City Attorney replied
that one question will be whether the Council wants to have it apply to all of the City Boards and
Commissions. Staff will prepare information for a future Council meeting.
Council Work Session
September 14, 2009
Page 2
AGENDA ITEMS
1. (Item 3c(3) of the Consent Calendar) Council Member Hayek stated he had a conflict of
interest and would be abstaining from voting on the Consent Calendar. A majority agreed to
delete the item for separate consideration.
2. (Agenda item # 11 -resolution .... Three year contract with City Carton Company ...
recycling processing services) In response to Council Member Wright, PW Director Fosse
stated the market for recycled glass is very poor because it is easily contaminated.
3. (Agenda item # 13 -resolution awarding contract ... Iowa City Police Storage Project) In
response to Council Member Hayek, City Atty. Dilkes clarified that a local preference can be
made when purchasing commodities but the State law with public improvements is the
lowest responsible bidder. Architectural Services Coordinator Morris present for the
discussion on aspects of the project.
4. (Agenda item # 10 -resolution adopting a complaint fee policy for Code violations) HIS
Director Boothroy explained the proposed fee had been discussed earlier in the spring with
new revenue sources and a Council majority had agreed to proceed.
LEGALIZING URBAN CHICKENS [ref IP2 & agenda 3g(11)]
HIS Director Boothroy and Animal Services Supervisor Goodman present for discussion. After
discussion a majority of Council directed staff to proceed with the ordinance, referring it to
Planning & Zoning, and explore implementation within a year.
STAFF ACTION: Develop ordinance and proceed with scheduling with Planning &
Zoning Commission for consideration by the City Council no later than September 14,
2010. (Dilkes & Davidson)
FRANCHISE FEE [ref IP3]
Interim City Manager Helling, City Attorney Dilkes, and Fire Chief Rocca presented information.
Majority agreed to proceed as outline din the memo from the Interim City Manager and pursue
passage if the ordinance by the end of the calendar year and enacted by April 1, 2010.
STAFF ACTION: Proceed as outlined. (Helling, Dilkes)
INFORMATION PACKET DISCUSSION [8/27, 9/3 & 9/10]
None
COUNCIL TIME
1. Council Member Champion reported that the Sheraton put the ATM near the walkway and
stated that could become a safety concern for people using the walkway after dark. Interim
City Manager Helling stated he would have Police monitor the situation.
2. Council Member O'Donnell requested a memo on what it would take to change the sign
ordinance to allow the club on Muscatine Avenue to put a sign in the yard twice a week
advertising food specials, and Council would then decide if there was a majority to proceed
with amending the ordinance. Council Member Correia also requested the memo address
small sandwich board signs and real estate open house signs.
3. In response to Council Member Wright, a majority agreed to add "Inclusionary zoning and
Scattered Site Housing" to their pending list.
Council Work Session
September 14, 2009
Page 3
4. UISG Rep. Shipley reported that the Student Leadership Institute suggested leasing or
selling bulletin board space in the downtown kiosks to advertise events sponsored by the
Office if Student Life (OSL). Interim City Manager Helling and City Clerk Karr noted that the
locked space had been leased to the Downtown Association and the open bulletin board
space was designated for free posting in lieu of telephone and walls. Council suggested
Shipley follow up with staff.
5. (Consent Calendar item # 3g(10) -correspondence from Jay Gatlin re Housing and
Development Committee) Council Member Hayek noted the letter regarding staff member
Steve Long and Tracy Hightshoe and asked that "job well done" comments be passed
along.
BUDGET PRIORITIES
Mayor Bailey noted the addition of franchise fees to the discussion.
SCHEDULE OF PENDING DISCUSSION ITEMS
Council Member Hayek requested an update on crime related issues, and nuisance
enforcement. Council Member Wright requested distribution of the Gazette article on Davenport
police checks for rental applications in the next information packet.
UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS
The following events were noted:
• Community Development Celebration (CDBG) -September 17
• Wetherby Cottage Event -September 18
• University of Iowa Boat House Dedication -September 18
• City High 70th Anniversary -September 27
• American College Testing (ACT) 50th Anniversary -October 18
DISCUSSION OF MEETING SCHEDULE
None
Meeting adjourned 9:10 PM.
3a 4
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office 356-5040.
The cost of publishing the following proceedings and claims is $
Cumulative cost of this calendar year for said publication is $_
OFFICIAL COUNCIL ACTIONS - 9/15/09
Iowa City City Council regular meeting,
Council Members present: Bailey, Champion,
Absent: None.
7:00 p.m. at City Hall. Mayor Bailey presiding.
Correia, Hayek, O'Donnell, Wilburn, Wright.
The Mayor proclaimed Constitution Week -September 13-19, 2009, Ann Weber,
Regent Pilgrim DAR Chapter accepting; Community Development Day -September 17,
2009, Charlie Drum, Vice Chair Housing & Community Development Commission accepting;
(Council Member and City High Alumnus Hayek read) City High School Recognition Week -
September 27-October 3, 2009, Mark Hanson, Principal, and Charlie Gay, First City High
Class President accepting.
Moved and seconded that the following items and recommendations in the Consent
Calendar be received, or approved, and/or adopted as amended. Moved and seconded to
omit from the Consent Calendar Item 3c(3), a Special Class C Liquor License for 2-Tone, Inc.
dba Bluebird Diner, 330 E. Market Street. The Mayor declared the motion to amend carried
and called for the vote on the Consent Calendar as follows:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: August 17, Regular Council Work Session; August 18, 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 &
Recreation -June 10, 2009; Historic Preservation Commission -July 9, 2009; Youth
Advisory Commission -August 6, 2009; Planning and Zoning Commission -July 16,
2009; Police Citizens Review Board -June 8, 2009; Human Rights Commission -July
21, 2009; Planning and Zoning Commission -August 20, 2009; Police Citizens Review
Board -August 11, 2009.
Permit Motions and Resolutions as Recommended by the City Clerk. Renewal:
Class C Liquor License for Airliner Bar, 22 S. Clinton St.; Class C Beer Permit for
Scott Blvd. Hawkeye Convenience Store, 2875 Commerce Dr.; Class C Beer Permit
for L & M Mighty Shop, Inc., 504 E. Burlington St.; Class C Liquor License for Motley
Cow Cafe, 160 N. Linn St.; Class C Liquor License for Union Bar, 121 E. College St.;
Class C Liquor License for Brown Bottle, 115 E. Washington St.; Class C Beer Permit
for Hy-Vee Gas #1, 260 Stevens Dr.; Class C Beer Permit for Kum & Go #51, 323 E.
Burlington St.; Class C Beer Permit for Kum & Go #52, 25 W. Burlington St.; Class C
Beer Permit for Kum & Go #53, 955 Mormon Trek Blvd.; Special Class C Liquor
License for Zio Johno's Iowa City, 953 S. Riverside Dr.; Class C Beer Permit for Parth
Mini Mart, 2153 ACT Cir.; Class C Beer Permit for North Dodge Express, 2790 N.
Dodge St.; Class C Beer Permit for Dan's Short Stop Corp., 2221 Rochester Ave.;
Class E Liquor License for Liquor Downtown, 313 S. Gilbert St.
Official Actions
September 15, 2009
Page 2
Motions: Approve disbursements in the amount of $41,982,513.60 for the
period of July 1 through July 31, 2009, as recommended by the Finance Director
subject to audit.
Public hearing: Set a public hearing for September 29, 2009 on a lease with
the Joint Emergency Communications Services Association of Johnson County for
placement of a Monopole Telecommunications Tower at the Iowa City Industrial Park;
RES. 09-295, SETTING A PUBLIC HEARING FOR OCTOBER 6, 2009 ON AN
ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION &
FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES,
BONDS, FINES AND PENALTIES," ARTICLE 3 ENTITLED "POTABLE WATER USE
AND SERVICE," OF THE CITY CODE TO INCREASE OR CHANGE RESIDENTIAL
WATER SERVICE CHARGES AND FEES.
Resolutions: RES. 09-296, APPROVING THE CITY STREET FINANCIAL
REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2009; RES. 09-297,
ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER
MAIN, TRAIL, CERTAIN SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS FOR
GALWAY HILLS SUBDIVISION -PART TEN, AND DECLARING PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 09-298,
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 35
TREVOSE PLACE, IOWA CITY, IOWA.
Correspondence: JCCOG Traffic Engineering Planner regarding Installation of
on-street metered parking spaces, establishment of parking meter terms, and
establishment of a NO PARKING 2 AM-6 AM TOW AWAY ZONE on the 300 block of
Linn Street and the 200 block of Court Street; JCCOG Traffic Engineering Planner
regarding Remove NO PARKING ANYTIME signs with ARROWS in front of 1421
Ridge Street; JCCOG Traffic Engineering Planner regarding Establishment of a NO
PARKING 2 AM - 6AM TOW AWAY ZONE on the 100 block of Wright Street;
Southeast Iowa City Public Safety previously distributed in the 9/3 Information Packet,
staff responses included] Laura and Nick Bergus, Joyce Barker, Janet Soboroff,
Jacqueline Smetack, Sam Forgy, James Mims, David Etler, Jane Klitzka, Patty
Villhauer, Cindy Roberts(x2), Russell Haught, Doug Alberhasky, the following
correspondence was distributed at the 9/10 Special Work Session, staff responses
included, and are in the 9/3 Information Packet)] Rod Sullivan, Garry Klein, Li-Hsien
Lin, Katrina Smith, Lorraine Bailey, Omnia Abdelgadir-Mohamed, Wesley Carter the
following correspondence was distributed at the 9/14 work session] Bharati Windman;
Elias Zaharias regarding Degeneration of Iowa City; Christy Schelling regarding Traffic
control request on Shannon Drive [staff response included]; Rena Nerhus regarding
Pet Central Station [staff response included]; Mary Sturm regarding Parkview Terrace
[staff response included]; Alisa Meggitt regarding PATV letter of support; Jay Gatlin
regarding Housing and Development Committee [staff response included]; Lorraine
Bailey, Judith Pascoe (2), Annie Nilsson, James Derderian, Mary Ann Rasmussen
letters regarding Chicken ordinance; Terri Miller Chait (2), Sally Cline letters regarding
Idyllwild Development; Elizabeth Maher regarding Flood mitigation information; Margie
Official Actions
September 15, 2009
Page 3
Peskin regarding Bicycling in Iowa City [staff response included]; Charles Jones
regarding Greenville Proposal.
The Mayor declared the motion carried.
Moved and seconded to approve Item 3c(3), Special Class C Liquor License for 2-
Tone, Inc. dba Bluebird Diner, 330 E. Market Street. The Mayor declared the motion carried.
Caroline Dieterle, 727 Walnut St., appeared regarding the proposed franchise fee; the
procedure for buying playground equipment and the safety and operating order of equipment
in the City park near the Dodge Street bridge; and raising of backyard chickens within the
City. Jeff Shipley, UISG City Council Liaison, appeared regarding the proposed franchise fee
and alternative revenue options. Kate Paxton, 141 Green Mountain Dr., presented Council
with a thank you note from the Iowa City String Orchestra for the $400 community event
funding they received, and invited everyone to the November 7 concert at the Englert
Theater. Elizabeth Cummings, 725 Bradley St., addressed the proposed backyard chicken
ordinance. Charles Jones appeared regarding the Greenville Proposal, and the possibility of
moving the houses damaged with last year's flooding rather than demolishing them. Parks &
Recreation Commission Chair John Westefeld, 4831 Southchase Ct., thanked Council for
taking formal action to name the San Lake recreational area after former Parks & Recreation
Director Terry Trueblood and updated Council on activities of the Commission. Yale Cohn,
924 Iowa Ave., acknowledged the Police Department on the number of recent arrests for
crimes in the southeast side of the City. Iowa City Airport Commissioner Greg Farris, 423
Church St., updated Council on activities at the airport.
Moved and seconded to set a public hearing for September 29 on an ordinance
amending Title 14, Zoning to allow Communication Towers in the Interim Development
Residential (ID-RS and ID-RM) Zones by Special Exception. (REZ09-00004). The Mayor
declared the motion carried.
Moved and seconded to set a public hearing for September 29 on an ordinance
rezoning 3,450 square feet of land located at 611 Southgate Avenue from Community
Commercial (CC-2) to Intensive Commericial (CI-1) (REZ09-00005). The Mayor declared the
motion carried.
Moved and seconded to adopt RES. 09-299, APPROVING THE
EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF JOHNSON COUNTY
EXTENSION SERVICE SUBDIVISION, JOHNSON COUNTY, IOWA (SUB09-00006/SUB09-
00007).
A public hearing was held on a resolution authorizing the acquisition of property
interests necessary for construction of the Sycamore Street from Langenberg Avenue to
Deforest Avenue Improvement Project. Jerry Lehman, 5025 - 420th Street NE, appeared.
Moved and seconded to adopt RES. 09-300, AUTHORIZING THE ACQUISITION OF
PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE SYCAMORE
STREET FROM LANGENBERG AVENUE TO DEFOREST AVENUE IMPROVEMENT
PROJECT.
Moved and seconded that the ordinance amending Title 4, Alcoholic Beverages,
Chapter 2, Liquor Licenses and Beer Permits, Section 3, Local Review of Application /
Investigation of Applicant, be given first vote. The Mayor declared the motion carried.
Moved and seconded to adopt RES. 09-301, ESTABLISHING ANNUAL PASS FEES
FOR THE THORNBERRY OFF-LEASH DOG PARK AND RITA'S RANCH DOG PARK.
Official Actions
September 15, 2009
Page 4
Moved and seconded to adopt RES. 09-302, AWARDING CONTRACT, AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR CONSTRUCTION OF THE TERRY TRUEBLOOD RECREATION AREA PHASE ONE
PROJECT (FORMERLY KNOWN AS SAND LAKE RECREATION AREA).
Moved and seconded to adopt RES. 09-303, ADOPTING A COMPLAINT FEE
POLICY FOR CODE VIOLATIONS.
Moved and seconded to adopt RES. 09-304, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO A THREE-YEAR CONTRACT WITH CITY CARTON
COMPANY, INC. FOR RECYCLING PROCESSING SERVICES.
Moved and seconded to adopt RES. 09-305, SUPPORTING THE NAMING OF THE
US HIGHWAY 6 BRIDGE LOCATED IN THE CITY OF IOWA CITY, IOWA THE BRIGADIER
GENERAL JOHN CORSE MEMORIAL BRIDGE.
Moved and seconded to adopt RES. 09-306, AWARDING CONTRACT, AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR CONSTRUCTION OF THE IOWA CITY POLICE STORAGE PROJECT
Moved and seconded to adopt RES. 09-307, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR CONSTRUCTION OF THE FY09 LANDFILL GRADING PROJECT
Moved and seconded to adopt RES. 09-308, APPROVING, AUTHORIZING, AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF
TRANSPORTATION TO JOINTLY PARTICIPATE IN PROJECT COSTS FOR THE
BURLINGTON STREET / US HWY 6 BRIDGES FLOOD REPAIR PROJECT [ER-3715(641)--
8R-52 AND ER-3715(642)--8R-52].
Moved and seconded to adopt RES. 09-309, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A COOPERATIVE AGREEMENT AMONGST THE
IOWA DEPARTMENT OF TRANSPORTATION, THE UNIVERSITY OF IOWA, AND THE
CITY OF IOWA CITY FOR THE BURLINGTON STREET PEDESTRIAN BRIDGE
REHABILITATION PROJECT [BRFN-6-7(76)--39-52].
Moved and seconded that the ordinance amending Title 8, Police Regulations,
Chapter 6, persons under eighteen years of age, to add a new Section 2, Juvenile Curfew to
add a new juvenile curfew ordinance, be given first vote. The following individuals appeared:
Theresa McKenzie, 2511 Aster Ave.; Cindy Roberts, 2034 Grantwood St.; Lucy Kampie, City
High student; Kelsey Sheets. City High Student; Diane Finnerty,728 Dearborn St.; Yale Cohn,
924 Iowa Ave.; Janice Robinson; Joyce Barker, 2018 Waterfront Dr.; Kenya Badgett, 1929
Lakeside Dr.; Scott Hamlin, 1902 Grantwood St.; Brennan Bogert, Regina High student;
Brandi Mastain, 2408 Whispering Prairie; Ros Hayslett, 1902 Grantwood St.; Jane Klitzka,
2305 Hollywood; Garry Klein; and Charles Jones. Moved and seconded to accept
photographs presented by Mr. Hamlin. The Mayor declared the motion carried. The Mayor
declared the motion carried on first consideration of the ordinance.
Moved and seconded that the ordinance amending Title 8, Police Regulations,
~,
Chapter 5, Miscellaneous Offenses, to add a new Section 11, entitled Standing, Loitering
and Obstructing Persons," be given first vote. The following individuals appeared: Kenya
Badgett, 1929 Lakeside Dr.; Garry Klein; and Brandi Mastain, 2408 Whispering Prairie. The
Mayor declared the motion carried on first consideration of the ordinance.
Official Actions
September 15, 2009
Page 5
Moved and seconded to make the following appointments to Boards and
Commissions: appoint Robert Anderson, 529 S. Governor, to the Board of Adjustment to fill
an unexpired term, effective upon appointment, ending January 1, 2012; appoint Dana
Thomann, 208 Fairchild, to the Historic Preservation Commission as a Northside
Representative to fill an unexpired term, effective upon appointment, ending March 29, 2011.
(New District); appoint Jarrod Gatlin, 2109 Union Road and Rachel Zimmermann, 905 Wylde
Green Road, to the Housing and Community Development to fill three-year terms September
1, 2009 -September 1, 2012. The Mayor declared the motion carried.
The Mayor noted that no applications had been received for the following Boards and
Commissions and all will be readvertised: Airport Zoning Brd of Adjustment to fill an
unexpired term, effective upon appointment, plus afive-year term ending December 31,
2011; Airport Zoning 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, for a
Mechanical Professional; Youth Advisory Commission to fill (2) At Large unexpired terms,
effective upon appointment, plus two-year terms January 1, 2010 -December 31, 2011;
Youth Advisory Commission to fill atwo-year term for 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.]
The Mayor noted the current vacancies: Airport Zoning Commission to fill asix-year
term January 1, 2010 -December 31, 2015; Appeals, Board of to fill afive-year term January
1, 2010 -December 31, 2014, for a Building Design Professional; Human Rights
Commission for three vacancies to fill three-year terms January 1, 2010 -January 1, 2013;
Parks and Recreation Commission for two vacancies to fill four-year terms January 1, 2010 -
January 1, 2014; Public Art Advisory Committee to fill a three-year term January 1, 2010 -
January 1, 2013, for an Art/Design Professional; Senior Center Commission for three
vacancies to fill three-year terms January 1, 2010 -December 31, 2012. Youth Advisory
Commission for two vacancies to fill two-year terms One (1) person -Regina High, One (1)
person - At-Large, January 1, 2010 -December 31, 2011. Applications must be received by
5:00 p.m., Wednesday, October 28, 2009.
Moved and seconded to adjourn meeting 10:05 p.m. The Mayor declared the motion
carried.
A more complete description of Council activities and disbursements is on file in the
office of the City Clerk and Finance D rtment.
s/Regenia D. Bailey, Mayor ~-
s/M rian K. Karr, City Irk
~~~~ ~~
Submi d for publication - 9/23/09.
Subject to change as finalized by the City Clerk. For a final official copy, contact
the City Clerk's office at 356-5040.
COMPLETE DESCRIPTON OF COUNCIL ACTIVITIES
SEPTEMBER 14, 2009
Iowa City Council special meeting, 6:30 p.m. at City Hall. Mayor Bailey
presiding. Council Members present: Bailey, Champion, Correia, Hayek,
O'Donnell, Wilburn (6:32 p.m.), Wright. Absent: None. Staff members present:
Helling, Dilkes, Karr.
Moved by Hayek, seconded by Wright, to adjourn to executive session to
discuss the purchase of particular real estate only where premature disclosure
could be reasonably expected to increase the price the governmental body would
have to pay for that property. The minutes and the tape recording of a session
closed under this paragraph (Real Estate) shall be available for public
examination when the transaction discussed is completed. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the
motion carried and adjourned into executive session 6:30 p.m.
Council returned to open session 6:54 p.m.
Moved by Champion, seconded by Hayek, to adjourn special meeting 6:55
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. For a final official copy, contact the City
Clerk's Office 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
SEPTEMBER 15, 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, Panos, Boothroy, Hargadine.
The Mayor proclaimed Constitution Week -September 13-19, 2009, Ann Weber,
Regent Pilgrim DAR Chapter accepting; Community Development Day -September 17,
2009, Charlie Drum, Vice Chair Housing & Community Development Commission accepting;
(Council Member and City High Alumnus Hayek read) City High School Recognition Week -
September 27-October 3, 2009, Mark Hanson, Principal, and Charlie Gay, First City High
Class President accepting.
Moved by Wilburn, seconded by Champion, that the following items and
recommendations in the Consent Calendar be received, or approved, and/or adopted as
amended. Moved by Wright, seconded by Correia, to omit from the Consent Calendar Item
3c(3), a Special Class C Liquor License for 2-Tone, Inc. dba Bluebird Diner, 330 E. Market
Street. The Mayor declared the motion to amend carried unanimously, 7/0, and called for
the vote on the Consent Calendar as follows:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: August 17, Regular Council Work Session; August 18, 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 &
Recreation -June 10, 2009; Historic Preservation Commission -July 9, 2009; Youth
Advisory Commission - August 6, 2009; Planning and Zoning Commission -July 16,
2009; Police Citizens Review Board -June 8, 2009; Human Rights Commission -July
21, 2009; Planning and Zoning Commission -August 20, 2009; Police Citizens Review
Board -August 11, 2009.
Permit Motions and Resolutions as Recommended by the City Clerk. Renewal:
Class C Liquor License for Hall Place Ventures, Corp., dba Airliner Bar, 22 S. Clinton
St.; Class C Beer Permit for Hawkeye Oil Company dba Scott Blvd. Hawkeye
Convenience Store, 2875 Commerce Dr.; Class C Beer Permit for L & M Mighty Shop,
Inc., dba L & M Mighty Shop, Inc., 504 E. Burlington St.; Class C Liquor License for
Corner of the Meadow, Inc., dba Motley Cow Cafe, 160 N. Linn St.; Class C Liquor
License for Cream, LLC, dba Union Bar, 121 E. College St.; Class C Liquor License
for I.C.B.B., Ltd., dba Brown Bottle, 115 E. Washington St.; Class C Beer Permit for
Hy-Vee, Inc., dba Hy-Vee Gas #1, 260 Stevens Dr.; Class C Beer Permit for Kum &
Go, LC, dba Kum & Go #51, 323 E. Burlington St.; Class C Beer Permit for Kum & Go,
LC, dba Kum & Go #52, 25 W. Burlington St.; Class C Beer Permit for Kum & Go, LC,
dba Kum & Go #53, 955 Mormon Trek Blvd.; Special Class C Liquor License for Zio
Johno's, Inc., dba Zio Johno's Iowa City, 953 S. Riverside Dr.; Class C Beer Permit for
Parth Mini Mart, Inc., dba Parth Mini Mart, 2153 ACT Cir.; Class C Beer Permit for ND
Complete Description
September 15, 2009
Page 2
Express, Inc., dba North Dodge Express, 2790 N. Dodge St.; Class C Beer Permit for
Dan's Short Stop Corp. dba Dan's Short Stop Corp., 2221 Rochester Ave.; Class E
Liquor License for Jason Caylor dba Liquor Downtown, 313 S. Gilbert St.
Motions: Approve disbursements in the amount of $41,982,513.60 for the
period of July 1 through July 31, 2009, as recommended by the Finance Director
subject to audit.
Public hearing: Set a public hearing for September 29, 2009 on a lease with
the Joint Emergency Communications Services Association of Johnson County for
placement of a Monopole Telecommunications Tower at the Iowa City Industrial Park;
RES. 09-295, SETTING A PUBLIC HEARING FOR OCTOBER 6, 2009 ON AN
ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION &
FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES,
BONDS, FINES AND PENALTIES," ARTICLE 3 ENTITLED "POTABLE WATER USE
AND SERVICE," OF THE CITY CODE TO INCREASE OR CHANGE RESIDENTIAL
WATER SERVICE CHARGES AND FEES.
Resolutions: RES. 09-296, APPROVING THE CITY STREET FINANCIAL
REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2009; RES. 09-297,
ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER
MAIN, TRAIL, CERTAIN SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS FOR
GALWAY HILLS SUBDIVISION -PART TEN, AND DECLARING PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 09-298,
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 35
TREVOSE PLACE, IOWA CITY, IOWA.
Correspondence: JCCOG Traffic Engineering Planner regarding Installation of
on-street metered parking spaces, establishment of parking meter terms, and
establishment of a NO PARKING 2 AM-6 AM TOW AWAY ZONE on the 300 block of
Linn Street and the 200 block of Court Street; JCCOG Traffic Engineering Planner
regarding Remove NO PARKING ANYTIME signs with ARROWS in front of 1421
Ridge Street; JCCOG Traffic Engineering Planner regarding Establishment of a NO
PARKING 2 AM - 6AM TOW AWAY ZONE on the 100 block of Wright Street;
Southeast Iowa City Public Safety (previously distributed in the 9/3 Information Packet,
staff responses included] Laura and Nick Bergus, Joyce Barker, Janet Soboroff,
Jacqueline Smetack, Sam Forgy, James Mims, David Etler, Jane Klitzka, Patty
Villhauer, Cindy Roberts(x2), Russell Haught, Doug Alberhasky, (the following
correspondence was distributed at the 9/10 Special Work Session, staff responses
included, and are in the 9/3 Information Packet)J Rod Sullivan, Garry Klein, Li-Hsien
Lin, Katrina Smith, Lorraine Bailey, Omnia Abdelgadir-Mohamed, Wesley Carter (the
following correspondence was distributed at the 9/14 work session] Bharati Windman;
Elias Zaharias regarding Degeneration of Iowa City; Christy Schelling regarding Traffic
control request on Shannon Drive [staff response included]; Rena Nerhus regarding
Pet Central Station [staff response included]; Mary Sturm regarding Parkview Terrace
[staff response included]; Alisa Meggitt regarding PATV letter of support; Jay Gatlin
regarding Housing and Development Committee [staff response included]; Lorraine
Complete Description
September 15, 2009
Page 3
Bailey, Judith Pascoe (2), Annie Nilsson, James Derderian, Mary Ann Rasmussen
letters regarding Chicken ordinance; Terri Miller Chait (2), Sally Cline letters regarding
Idyllwild Development; Elizabeth Maher regarding Flood mitigation information; Margie
Peskin regarding Bicycling in Iowa City [staff response included]; Charles Jones
regarding Greenville Proposal.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the motion carried.
Moved by Wright, seconded by Correia to approve Item 3c(3), Special Class C Liquor
License for 2-Tone, Inc. dba Bluebird Diner, 330 E. Market Street. Affirmative roll call vote
unanimous, 6/0/1, Hayek abstaining. The Mayor declared the motion carried.
Caroline Dieterle, 727 Walnut St., appeared regarding the proposed franchise fee; the
procedure for buying playground equipment and the safety and operating order of equipment
in the City park near the Dodge Street bridge; and raising of backyard chickens within the
City. Jeff Shipley, UISG City Council Liaison, appeared regarding the proposed franchise fee
and alternative revenue options. Kate Paxton, 141 Green Mountain Dr., presented Council
with a thank you note from the Iowa City String Orchestra for the $400 community event
funding they received, and invited everyone to the November 7 concert at the Englert
Theater. Elizabeth Cummings, 725 Bradley St., addressed the proposed backyard chicken
ordinance. Charles Jones appeared regarding the Greenville Proposal, and the possibility of
moving the houses damaged with last year's flooding rather than demolishing them. Parks &
Recreation Commission Chair John Westefeld, 4831 Southchase Ct., thanked Council for
taking formal action to name the San Lake recreational area after former Parks & Recreation
Director Terry Trueblood and updated Council on activities of the Commission. Yale Cohn,
924 Iowa Ave., acknowledged the Police Department on the number of recent arrests for
crimes in the southeast side of the City. Iowa City Airport Commissioner Greg Farris, 423
Church St., updated Council on activities at the airport.
Moved by Wilburn, seconded by Hayek, to set a public hearing for September 29 on
an ordinance amending Title 14, Zoning to allow Communication Towers in the Interim
Development Residential (ID-RS and ID-RM) Zones by Special Exception. (REZ09-00004).
The Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by O'Donnell, seconded by Wright, to set a public hearing for September 29 on
an ordinance rezoning 3,450 square feet of land located at 611 Southgate Avenue from
Community Commercial (CC-2) to Intensive Commericial (CI-1) (REZ09-00005). The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Hayek, seconded by Wilburn, to adopt RES. 09-299, APPROVING THE
EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF JOHNSON COUNTY
EXTENSION SERVICE SUBDIVISION, JOHNSON COUNTY, IOWA (SUB09-00006/SUB09-
00007). 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 authorizing the acquisition of property
interests necessary for construction of the Sycamore Street from Langenberg Avenue to
Deforest Avenue Improvement Project. Jerry Lehman, 5025 - 420th Street NE, appeared. Sr.
Civil Engr. Panos present for discussion. Individual Council Members expressed their views.
Moved by Wilburn, seconded by Wright, to adopt RES. 09-300, AUTHORIZING THE
ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE
Complete Description
September 15, 2009
Page 4
SYCAMORE STREET FROM LANGENBERG AVENUE TO DEFOREST AVENUE
IMPROVEMENT PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the resolution adopted.
Moved by Champion, seconded by O'Donnell, that the ordinance amending Title 4,
Alcoholic Beverages, Chapter 2, Liquor Licenses and Beer Permits, Section 3, Local Review
of Application /Investigation of Applicant, be given first vote. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the motion carried.
Moved by Champion, seconded by Correia, to adopt RES. 09-301, ESTABLISHING
ANNUAL PASS FEES FOR THE THORNBERRY OFF-LEASH DOG PARK AND RITA'S
RANCH DOG PARK. 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. 09-302, AWARDING
CONTRACT, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A CONTRACT FOR CONSTRUCTION OF THE TERRY TRUEBLOOD
RECREATION AREA PHASE ONE PROJECT (FORMERLY KNOWN AS SAND LAKE
RECREATION AREA) to Howery Construction for base bid and alternate of $355,613.05.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted.
Moved by Wright, seconded by Champion, to adopt RES. 09-303, ADOPTING A
COMPLAINT FEE POLICY FOR CODE VIOLATIONS. 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 Correia, to adopt RES. 09-304, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A THREE-YEAR CONTRACT
WITH CITY CARTON COMPANY, INC. FOR RECYCLING PROCESSING SERVICES.
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 adopt RES. 09-305, SUPPORTING THE
NAMING OF THE US HIGHWAY 6 BRIDGE LOCATED IN THE CITY OF IOWA CITY, IOWA
THE BRIGADIER GENERAL JOHN CORSE MEMORIAL BRIDGE. The Mayor declared the
resolution adopted, 6/1, with the following division of roll call vote. Ayes: Wright, Champion,
Correia, Hayek, O'Donnell, Wilburn. Nays: Bailey. Absent: None.
Moved by Wright, seconded by Hayek, to adopt RES. 09-306, AWARDING
CONTRACT, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY POLICE STORAGE
PROJECT to Tricon General Construction for base bid and alternate of $331,900.00.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted.
Moved by Hayek, seconded by Wilburn, to adopt RES. 09-307, AWARDING
CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A CONTRACT FOR CONSTRUCTION OF THE FY09 LANDFILL GRADING
PROJECT to Tom Kueter Construction, Inc. Peosta, IA for $1,082,004.50. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Complete Description
September 15, 2009
Page 5
Moved by Hayek, seconded by Wilburn, to adopt RES. 09-308, APPROVING,
AUTHORIZING, AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA
DEPARTMENT OF TRANSPORTATION TO JOINTLY PARTICIPATE IN PROJECT COSTS
FOR THE BURLINGTON STREET / US HWY 6 BRIDGES FLOOD REPAIR PROJECT [ER-
3715(641)--8R-52 AND ER-3715(642)--8R-52]. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the resolution adopted.
Moved by Champion, seconded by Hayek, to adopt RES. 09-309, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A COOPERATIVE
AGREEMENT AMONGST THE IOWA DEPARTMENT OF TRANSPORTATION, THE
UNIVERSITY OF IOWA, AND THE CITY OF IOWA CITY FOR THE BURLINGTON STREET
PEDESTRIAN BRIDGE REHABILITATION PROJECT [BRFN-6-7(76)--39-52]. Affirmative
roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution adopted.
Moved by Champion, seconded by Wright, that the ordinance amending Title 8, Police
Regulations, Chapter 6, persons under eighteen years of age, to add a new Section 2,
Juvenile Curfew to add a new juvenile curfew ordinance, be given first vote. The following
individuals appeared: Theresa McKenzie, 2511 Aster Ave.; Cindy Roberts, 2034 Grantwood
St.; Lucy Kampie, City High student; Kelsey Sheets. City High Student; Diane Finnerty,728
Dearborn St.; Yale Cohn, 924 Iowa Ave.; Janice Robinson; Joyce Barker, 2018 Waterfront
Dr.; Kenya Badgett, 1929 Lakeside Dr.; Scott Hamlin, 1902 Grantwood St.; Brennan Bogert,
Regina High student; Brandi Mastain, 2408 Whispering Prairie; Ros Hayslett, 1902
Grantwood St.; Jane Klitzka, 2305 Hollywood; Garry Klein; and Charles Jones. Police Chief
Hargadine present for discussion. Moved by O'Donnell, seconded by Wright, to accept
photographs presented by Mr. Hamlin. The Mayor declared the motion carried unanimously,
7/0, all Council Members present.. Individual Council Members expressed their views. The
Mayor declared the motion carried on first consideration of the ordinance, 4/3, with the
following division of roll call vote. Ayes: O'Donnell, Wright, Champion, Hayek. Nays: Correia,
Bailey, Wilburn. Absent: None.
Moved by Wright, seconded by O'Donnell, that the ordinance amending Title 8, Police
Regulations, Chapter 5, Miscellaneous Offenses, to add a new Section 11, entitled "Standing,
Loitering and Obstructing Persons," be given first vote. The following individuals appeared:
Kenya Badgett, 1929 Lakeside Dr.; Garry Klein; and Brandi Mastain, 2408 Whispering
Prairie. Moved by Correia, seconded by Wilburn, to remove sidewalks and trails from the
ordinance. Individual Council Members expressed their views. The Mayor declared the
motion defeated, 1/6, with the following division of voice vote: Ayes: Correia. Nays: Bailey,
Champion, Hayek, O'Donnell, Wilburn, Wright. Absent: None. The Mayor declared the
motion carried on first consideration of the ordinance, 6/1, with the following division of roll
call vote. Ayes: Wilburn, Wright, Bailey, Champion, Hayek, O'Donnell, Wilburn. Nays:
Correia. Absent: None.
Moved by Correia, seconded by Hayek, to make the following appointments to Boards
and Commissions: appoint Robert Anderson, 529 S. Governor, to the Board of Adjustment to
fill an unexpired term, effective upon appointment, ending January 1, 2012; appoint Dana
Thomann, 208 Fairchild, to the Historic Preservation Commission as a Northside
Representative to fill an unexpired term, effective upon appointment, ending March 29, 2011.
Complete Description
September 15, 2009
Page 6
(New District); appoint Jarrod Gatlin, 2109 Union Road and Rachel Zimmermann, 905 Wylde
Green Road, to the Housing and Community Development to fill three-year terms September
1, 2009 -September 1, 2012. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
The Mayor noted that no applications had been received for the following Boards and
Commissions and all will be readvertised: Airport Zoning Brd of Adjustment to fill an
unexpired term, effective upon appointment, plus afive-year term ending December 31,
2011; Airport Zoning 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, for a
Mechanical Professional; Youth Advisory Commission to fill (2) At Large unexpired terms,
effective upon appointment, plus two-year terms January 1, 2010 -December 31, 2011;
Youth Advisory Commission to fill atwo-year term for 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.]
The Mayor noted the current vacancies: Airport Zoning Commission to fill asix-year
term January 1, 2010 -December 31, 2015; Appeals, Board of to fill afive-year term January
1, 2010 -December 31, 2014, for a Building Design Professional; Human Rights
Commission for three vacancies to fill three-year terms January 1, 2010 -January 1, 2013;
Parks and Recreation Commission for two vacancies to fill four-year terms January 1, 2010 -
January 1, 2014; Public Art Advisory Committee to fill athree-year term January 1, 2010 -
January 1, 2013, for an ArtJDesign Professional; Senior Center Commission for three
vacancies to fill three-year terms January 1, 2010 -December 31, 2012. Youth Advisory
Commission for two vacancies to fill two-year terms One (1) person -Regina High, One (1)
person - At-Large, January 1, 2010 -December 31, 2011. Applications must be received by
5:00 p.m., Wednesday, October 28, 2009.
Council Member Wilburn congratulated former Iowa Women's Basketball Coach C.
Vivian Stringer on her recent induction in to the Basketball Hall of Fame.
Mayor Bailey congratulated University Professor Linda Kerber on recent induction into
the Iowa Women's Hall of Fame; and called attention to the City's receipt of an I-Jobs Grant
for the fourth fire station and work at the north waste water treatment plant.
Moved by Wilburn, seconded by O'Donnell, to adjourn meeting 10:05 p.m. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Regenia D. Bailey, Mayor
Marian K. Karr, City Clerk