HomeMy WebLinkAbout2009-12-01 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
DECEMBER 1, 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, Holecek, Fosse, Karr, Davidson, Grier,
Hennes, M. Johnson.
The Mayor presented Outstanding Student Citizenship Awards to Lincoln Elementary
students: Quinn Dawson, Terra Hill, Natalie Shoultz.
Special presentations were made to the City High Football Team on the State
Championship. Coach Dan Sabers and team captains Matt Tvedte, Ellis Jordan, Nick Reuter
and Tim Titter appeared.; Joe Raso, ICAD President, presented the ICAD Minding Our Own
Business Data Report . Moved by Wilburn, seconded by Wright, to accept the ICAD report.
The Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Champion, seconded by Wilburn, 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: November 12,Special Council Work Session (a.m.), November 16, Regular
Council Work Session, November 17, 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): Historic
Preservation Commission -October 8, 2009; Human Rights Commission -October 20,
2009; Airport Commission -October 15, 2009.
Permit Motions and Resolutions as Recommended by the City Clerk.
Renewal: Class C Liquor License for Inc., Limited, dba Sanctuary Restaurant, 405 S.
Gilbert St.; Special Class C Liquor License for Pagliai's Pizza Palace, Ltd., dba
Pagliai's Pizza, 302 E. Bloomington St.; Class C Beer Permit for Sector, Inc., dba
Creekside Market, 2601 Highway 6 E.; Class C Liquor License for Water-B, Inc., dba
Studio 13, 13 S. Linn St.; Class C Liquor License for Iowa City Group, LLC, dba Piano
Lounge, 217 E. Iowa Ave.; Class B Liquor License for Ackerman Investment Co., dba
Quality Inn & Suites, 2525 N. Dodge St.; RES. 09-363, TO ISSUE DANCE PERMITS
for Water-B, Inc., dba Studio 13, 13 S Linn St. and Ackerman Investment Co., dba
Quality Inn & Suites, 2525 N. Dodge St.
Motion: Approve disbursements in the amount of $10,534,925.93 for the period
of October 1 through October 31, 2009, as recommended by the Finance Director
subject to audit.
Public Hearings: Set a public hearing for December 14, 2009 regarding Iowa
City's Proposed 2011-2015 Consolidated Plan (a.k.a. City Steps); RES. 09-364,
SETTING A PUBLIC HEARING ON DECEMBER 14, 2009 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE MERCER PARK AQUATIC CENTER SOLARIUM
REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF
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December 1, 2009
Page 2
SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS
ON FILE FOR PUBLIC INSPECTION.
Resolutions: RES. 09-365, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF LIEN REGARDING A
SECOND MORTGAGE FOR THE PROPERTY LOCATED AT 2750 IRVING AVENUE,
IOWA CITY, IOWA; RES. 09-366, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF LIEN REGARDING A
SECOND MORTGAGE FOR THE PROPERTY LOCATED AT 2660 INDIGO COURT,
IOWA CITY, IOWA; RES. 09-367, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE
FOR THE PROPERTY LOCATED 708 5T" AVENUE, IOWA CITY, IOWA; RES. 09-
368, AUTHORIZING THE MAYOR TO EXECITE AND THE CITY CLERK TO ATTEST
TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 1112 WYLDE GREEN ROAD, IOWA CITY, IOWA; RES.
09-369, AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST TO
AN AGREEMENT THAT PERMITS ANISTON VILLAGE, LP TO GRANT A
MORTGAGE TO THE CITY; RES. 09-370, ACCEPTING THE WORK FOR THE
COURT HILL TRAIL PROJECT; RES. 09-371, ACCEPTING THE WORK FOR THE
WATER TREATMENT PLANT AUTOMATIC SOURCE TRANSFER PROJECT.
Correspondence. Acting Traffic Engineering Planner regarding Installation of
two (2) Iowa City BUS STOP signs to reflect changes in transit routes effective
December 2, 2009; Acting Traffic Engineering Planner regarding Installation of NO
PARKING ANY TIME signs on Olive Court, Learner Court, and Marietta Avenue;
Dorey Coleman regarding Request for additional bus stop [staff response included]; C.
Joseph Holland regarding Pentacrest Garden Apartments; Chris Curtland regarding E-
cigarettes [Response from Council Member Wright included]; Jesse Pasley regarding
Court Street and 4t" Avenue; Jeffrey Maves regarding Fire Station #4; Colin Wilson
regarding Flood control/prevention in the Parkview Neighborhood; Claire Cope
regarding Proposed smoking and panhandling ban in ped mall; Jennifer Price
regarding Payment in lieu of taxes; Brian Vogelgesang regarding Request to add
gravel to alley; Tyler Harvey regarding Liquor license 3`d Base/Fieldhouse; Alexia
Miller regarding Parking; Miriam Jones regarding Backyard Birds Letter and Statement
to Municipalities; Jenny Crumiller regarding Question about student representative
position [staff response included]; Edna Probst regarding Regina Busing; Joyce Barker
regarding Section 8 Housing [staff response included]; Russell Haught, Larry Bell
regarding Westbury Court Lots; Caroline Dieterle, Carol deProsse regarding Malware
on IC's Web Site [staff response included].
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the motion carried.
Michael Burch, 96 Oberlin Ct., appeared regarding budget cuts and costs and negative
side effects of water fluoridation,
Moved by Champion, seconded by Wilburn, to set motion setting a public hearing for
December 14 on an ordinance to amend the Planned Development Overlay Medium Density
Single Family Residential (OPD-8) Zone for approximately .44 acres of property located on
Complete Description
December 1, 2009
Page 3
Westbury Drive, south of Middlebury Road (REZ09-00010) (Olde Town Village). The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
A public hearing was held on an ordinance approving a conditional zoning agreement
for auditor's parcel 2008103, approximately 25.16 acres of property in the Community
Commercial (CC-2) Zone for Westport Plaza, including Wal-Mart at 855, 911 & 1001 Highway
1 West (REZ09-00008). PCD Director Davidson present for discussion, and stated the CZA
had not been signed by the applicant. Atty. Dennis Mitchell, representing the applicant Wal-
Mart, appeared. Individual Council Members expressed their views. Moved by Champion,
seconded by Wilburn to continue public hearing to December 14. The Mayor declared the
motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded
by O'Donnell, to accept correspondence from Atty. Dennis Mitchell. The Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
Moved by Wright, seconded by Correia, to defer to December 14, ordinance approving
a conditional zoning agreement for auditor's parcel 2008103, approximately 25.16 acres of
property in the Community Commercial (CC-2) Zone for Westport Plaza, including Wal-mart
at 855, 911 & 1001 Highway 1 West (REZ09-00008). The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Champion, seconded by Hayek, that the ordinance conditionally rezoning
approximately 7.91 acres of property located on Huntington Drive west of Taft Avenue, from
Interim Development Single-Family to Medium Density Single-Family (REZ09-00007), be
given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the motion carried.
Moved by Wright, seconded by O'Donnell, that the that the rule requiring ordinances to
be considered and voted on for final passage at two Council meetings prior to the meeting at
which it is to be finally passed be suspended, the second consideration and vote be waived,
and that ORD. 09-4363, AMENDING TITLE 14, ZONING CODE, TO ALLOW SPECIALIZED
EDUCATIONAL FACILITIES IN THE INTENSIVE COMMERCIAL (CI-1) ZONE BY SPECIAL
EXCEPTION, be voted on for final passage at this time. Affirmative roll call vote unanimous,
7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wright,
seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance
adopted. Moved by Wright, seconded by Wilburn, to accept correspondence from Judy
O'Donnell. The Mayor declared the motion carried unanimously, 7/0, all Council Members
present.
Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to be
considered and voted on for final passage at two Council meetings prior to the meeting at
which it is to be finally passed be suspended, the second consideration and vote be waived,
and that ORD. 09-4364, AMENDING TITLE 14, ZONING CODE, TO ALLOW FLEXIBIILITY
IN THE TYPE OF FENCE SCREENING REQUIRED FOR SALVAGE YARDS, be voted on
for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the motion carried. Moved by Wilburn, seconded by Hayek,
that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the ordinance adopted.
Moved by Wright, seconded by O'Donnell, that the rule requiring ordinances to be
considered and voted on for final passage at two Council meetings prior to the meeting at
Complete Description
December 1, 2009
Page 4
which it is to be finally passed be suspended, the second consideration and vote be waived,
and that ORD. 09-4365, AMENDING TITLE 14, ZONING CODE, TO CORRECT LANGUAGE
IN THE CODE TO ALLOW WHEELCHAIR RAMPS AND STOOPS TO EXTEND INTO
REQUIRED SETBACK AREAS FOR ALL TYPES OF BUILDINGS, be voted on for final
passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the motion carried. Moved by Wright, seconded by Wilburn, that the
ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the ordinance adopted.
Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to be
considered and voted on for final passage at two Council meetings prior to the meeting at
which it is to be finally passed be suspended, the second consideration and vote be waived,
and that ORD. 09-4366, AMENDING TITLE 14, ZONING CODE, TO CLARIFY STANDARDS
THAT APPLY TO DUPLEXES AND SINGLE-FAMILY ATTACHED DWELLINGS IN
PLANNED DEVELOPMENT OVERLAY (OPD) ZONES, be voted on for final passage at this
time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the motion carried. Moved by Wilburn, seconded by Wright, that the ordinance be
finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the ordinance adopted.
Moved by Wright, seconded by O'Donnell, that the rule requiring ordinances to be
considered and voted on for final passage at two Council meetings prior to the meeting at
which it is to be finally passed be suspended, the second consideration and vote be waived,
and that ORD. 09-4367, 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 NEWS RECORD RATHER THAN THE MEANS SQUARE FOOT
COSTS MANUAL AND TO HOLD ANY NEGATIVE CHANGES TO THE COST INDEX OF
THE PRECEDING YEAR. be voted on for final passage at this time. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the motion carried.
Moved by Wright, seconded by O'Donnell, that the ordinance be finally adopted at this time.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the ordinance adopted.
Moved by Champion, seconded by O'Donnell, 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 Wilburn, to amend the ordinance to provide for an annual review by
Council of enforcement data including demographics, location and citations. Individual
Council Members expressed their views. The Mayor declared the motion to amend carried,
4/3, with the following division of roll call vote. Ayes: Bailey, Correia, Wilburn, Wright. Nays:
Champion, Hayek, O'Donnell. Absent: None. The following individuals appeared: Sue
Freeman, 217 Woodridge, Neighborhood Centers of Johnson County; Cindy Roberts,
Grantwood Street resident; Henri Harper, City High juvenile court liaison; Joyce Barker, 2018
Waterfront, President of the Waterfront Neighborhood Association; Ros Hayslett, Grantwood
Street; Scott Hamlin, 1902 Grantwood Street; Jerry Hansen, 1239 Burns Avenue; Kenya
Badgett; Royceann Porter, Angelina Blanchard-Manning, Children of Promise; David
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December 1, 2009
Page 5
Davidson, 2621 Heinz Rd. The Mayor declared the motion carried on second reading of the
amended ordinance, 4/3, with the following division of roll call vote. Ayes: Champion, Hayek,
O'Donnell, Wright. Nays: Bailey, Correia, Wilburn. Absent: None. Moved by Wilburn,
seconded by Wright, to accept correspondence from Sue Freeman, Gary Glenn, Xavier
Balderas, Darenge Banks, Griffin Benge, Henry Bethke, Sheldon Brown, Joseph Buhr,
Donnie Day, Kate Edwards, Jerry Gomez, Emerald Joe, Micah Martin, Shawn Phanthavong,
Julieta Rangel, Ellie Rapp, Sara Titus, Martha Vazquez, Duncan Williams, Michael Shaw, Li-
Hsien Lin, and the summary report from the Youth Advisory Commission Neighborhood
Safety Forum. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
Moved by Hayek, seconded by Wright, to combine Items 8 through 12. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Wilburn, seconded by Wright, that the rule requiring ordinances to be
considered and voted on for final passage at two Council meetings prior to the meeting at
which it is to be finally passed be suspended, the second consideration and vote be waived,
and that the following ordinances be voted on for final passage at this time: ORD. 09-4368,
AMENDING TITLE 17, CHAPTER 1, BUILDING CODE, BY ADOPTING THE
INTERNATIONAL BUILDING CODE, 2009 EDITION, AND THE INTERNATIONAL
RESIDENTIAL CODE, INCLUDING APPENDIX F RADON CONTROL METHODS, 2009
EDITION, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL AND PROVIDING FOR
CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF THE
HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA; ORD. 09-
4369, AMENDING TITLE 17, CHAPTER 2, BY ADOPTING THE UNIFORM PLUMBING
CODE, 2009 EDITION, AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO
PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE
CITIZENS OF IOWA CITY, IOWA; ORD.09-4370, AMENDING TITLE 17, CHAPTER 4,
MECHANICAL CODE, BY ADOPTING THE INTERNATIONAL MECHANICAL CODE, 2009
EDITION, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, AND PROVIDING FOR
CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF THE
HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA; ORD. 09-
4371,AMENDING TITLE 17, CHAPTER 13, FUEL GAS CODE, BY ADOPTING THE
INTERNATIONAL FUEL GAS CODE, 2009 EDITION, PUBLISHED BY THE
INTERNATIONAL CODE COUNCIL, AND PROVIDING FOR CERTAIN AMENDMENTS
THEREOF; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND
SAFETY OF THE CITIZENS OF IOWA CITY, IOWA; ORD. 09-4372, AMENDING TITLE 7,
CHAPTER 1, FIRE PREVENTION AND PROTECTION, BY ADOPTING THE 2009 EDITION
OF THE INTERNATIONAL FIRE CODE TO REGULATE AND GOVERN THE
SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS
ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES,
MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR
PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF
IOWA CITY AND PROVIDING FOR THE ISSUANCE OF PERMITS. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the motion carried.
Moved by Wilburn, seconded by Champion, that the ordinances be finally adopted at this
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December 1, 2009
Page 6
time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the ordinances adopted. Correspondence from Patti Fields accepted.
Moved by Wright, seconded by Champion, to defer to December 7, an ordinance
amending Title 12, entitled "Franchises", of the City Code to add a chapter imposing a
franchise fee on the gross revenue of franchisee MidAmerican energy company derived from
the distribution and retail sale of electricity and the distribution, delivery and retail sale of
natural gas by MidAmerican, or other natural gas providers utilizing the distribution system of
MidAmerican, to customers within the current or future corporate limits of the City of Iowa
City, and on a revenue purpose statement specifying the purpose or purposes for which the
revenue collected from the franchise fee will be expended. The Mayor declared motion
carried unanimously, 7/0, all Council Members present. The City Clerk noted that the special
meeting on December 7 would be held at 6:15 p.m.
Moved by Champion, seconded by Wilburn, that ORD. 09-4373, AMENDING
ORDINANCE CODE SECTION 16-1 D-2, ENTITLED "PERMIT REQUIREMENTS" TO
REQUIRE AND ALLOW COUNCIL TO SET BY RESOLUTION AN EXCAVATION PERMIT
FEE SCHEDULE, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the ordinance adopted.
Moved by Champion, seconded by Wilburn, to adopt RES. 09-372, ADOPTING A FEE
SCHEDULE FOR EXCAVATION PERMITS ISSUED PURSUANT TO IOWA CITY CODE OF
ORDINANCES SECTION 16-1 D. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Moved by Hayek, seconded by Wright, to adopt RES. 09-373, APPROVING A
CONTRACT WITH UNIVERSITY OF NORTHERN IOWA'S REGIONAL BUSINESS CENTER
FOR A FEASIBILITY STUDY FOR A CREATIVE TECHNOLOGIES INCUBATOR IN
DOWNTOWN IOWA CITY. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the resolution adopted.
Moved by O'Donnell, seconded by Champion, to adopt RES. 09-374, AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FIFTH AMENDMENT TO
THE PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF IOWA CITY AND PENINSULA DEVELOPMENT COMPANY, L.L.C. (PDC). Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted. PCD Director Davidson present for discussion. The following individuals appeared:
Builder/developer AI Wells and Richard Gibbs ,representing Peninsula Development
Company. Moved by O'Donnell, seconded by Hayek, to accept correspondence from Richard
Gibbs (2), and AI Wells. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
Moved by Hayek, seconded by Wilburn, to adopt RES. 09-375, AUTHORIZING THE
CITY MANAGER TO SUBMIT ALL DOCUMENTATION NECESSARY TO ACCEPT CDBG
FLOOD RECOVERY GRANTS FOR PROPERTY ACQUISITION, RELOCATION OF THE
NORTH WASTE WATER TREATMENT FACILITY, AND INSTALLATION OF THE ROCKY
SHORE DRIVE LIFT STATION AND AUTHORIZING THE CITY MANAGER AND MAYOR
TO EXECUTE AND CITY CLERK TO ATTEST TO ALL DOCUMENTS NECESSARY TO
ACQUIRE THE PROPERTIES. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Complete Description
December 1, 2009
Page 7
Moved by Champion, seconded by O'Donnell, to adopt RES. 09-376, SUPPORTING
THE FEDERAL FISCAL YEAR 2011 AND 2012 SURFACE TRANSPORTATION PROGRAM
AND TRANSPORTATION ENHANCEMENT FEDERAL FUNDING RECOMMENDATION
FOR THE IOWA CITY PROJECTS AS APPROVED BY THE JOHNSON COUNTY COUNCIL
OF GOVERNMENTS TRANSPORTATION TECHNICAL ADVISORY COMMITTEE. The
Mayor declared the resolution adopted, 5/2, with the following division of roll call vote. Ayes:
Bailey, Champion, Hayek, O'Donnell, Wilburn. Nays: Correia, Wright. Absent: None. A
majority requested staff research modifying the policy to allow six Councilors attending the
JCCOG meeting the ability to modify the recommendation.
Moved by Wilburn, seconded by O'Donnell, to adopt RES. 09-377, ESTABLISHING
CITY OF IOWA CITY 2010 LEGISLATIVE PRIORITIES. Affirmative roll call vote unanimous,
7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Correia, seconded by Wright, to make the following appointments to Boards
and Commissions: appoint Matt Neumiller, 839 Kennedy Parkway, to the Appeals, Board of
to fill an unexpired term, effective upon appointment, ending December 31, 2010, for a
Licensed Electrician; re-appoint Stephen Buckman, 215 Amhurst Street, to the Appeals,
Board of to fill afive-year term January 1, 2010 -December 31, 2014, for a Building Design
Professional; re-appoint Mark Seabold, 307 College Court, to the Public Art Advisory
Committee to fill athree-year term January 1, 2010 -January 1, 2013, for an Art/Design
Professional; appoint Alexandra Tamerius, 2911 Eastwood Drive and Gary Black, 419 S 7tn
Avenue, to the Youth Advisory Commission for two At Large vacancies to fill unexpired terms,
effective upon appointment, plus two-year terms January 1, 2010 -December 31, 2011. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
The Mayor noted no applications were received for the following Boards and
Commissions and all will be readvertised: Airport Zoning Brd of Adjustment to fill an
unexpired term, effective upon appointment, plus afive-year term ending December 31,
2011; Airport Zoning 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; to the Airport Zoning Commission to fill asix-year term January 1, 2010 -December
31, 2015; Appeals, Board of to fill afive-year term January 1, 2009 -December 31, 2013, for
a Mechanical Professional; Youth Advisory Commission to fill atwo-year term for Tate High,
January 1, 2009 -December 31, 2010; Youth Advisory Commission to fill atwo-year term for
Regina High, January 1, 2010 -December 31, 2011. 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 Champion requested information on other possibilities than the $50
fine for youth cited under the proposed curfew ordinance. Asst. City Atty. Holecek stated
Council had discretion in enforcement. Council Member Correia requested that staff report
on the public education planned for the ordinance at the next meeting as well. Majority
agreed to discuss at the next meeting December 14 prior to third consideration.
Mayor Bailey reported on her attendance at the dedication of the St. Patrick's Catholic
Church the previous week-end.
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December 1, 2009
Page 8
Moved by O'Donnell, seconded by Wilburn, to adjou
declared the motion carried unanimously, 7/0, all Council~G
Marian K. Karr, City Clerk
meeting 9:55 p.m. The Mayor
* Revised 12/1/09
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 - 11/17/09
Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Bailey presiding.
Council Members present: Bailey, Champion, Hayek, O'Donnell, Wilburn, Wright. Absent:
Correia.
The Mayor presented Outstanding Student Citizenship Awards to Shimek Elementary
students: Dylan Leigh; Andrew Parr; Hailey Verdick.
The Mayor proclaimed: National Week of Hunger and Homelessness Awareness -
November 15-21, 2009, Crissy Canganelli, Local Co-Chair Homeless Coordinating Board
accepting.
Moved and seconded 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. November 2, Regular Council Work Session; November 2, Special Council
Formal Official and Complete (1); November 2, Special Council Formal Official and
Complete (2).
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action). Senior
Center Commission: August 25, 2009; Youth Advisory Commission: October 8, 2009;
Police Citizens Review Board: October 13, 2009.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Class E Liquor License for Fareway Stores, Inc., #950, 2530 Westwinds Dr.;
Class E Liquor License for Fareway Stores, Inc., #034, 2765 Commerce Dr.; Renewal:
Class C Liquor License for Quinton's Bar & Deli, 215 E. Washington St.; Class C
Liquor License for Club Car, 122 Wright St.; Class C Beer Permit for Aldi, Inc., #6,
1534 S. Gilbert St.; Class C Liquor License for Buffalo Wild Wings Grill & Bar, 201 S.
Clinton St.; Special Class C Liquor License for India Cafe, 227 E. Washington St.;
RES. 09-349, TO ISSUE DANCING PERMIT to Summit, 10 S. Clinton St.
Resolutions: RES. 09-350, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO THE RELEASE OF MORTGAGE FOR THE
PROPERTY LOCATED AT 2673 INDIGO COURT, IOWA CITY, IOWA. RES. 09-351,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE
RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED
122 E. MARKET STREET, IOWA CITY, IOWA; RES: 09-352, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS
REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 440 3RD
AVENUE, IOWA CITY, IOWA; RES. 09-353, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A
MORTGAGE FOR THE PROPERTY LOCATED AT 2122 F STREET, IOWA CITY,
IOWA; RES. 09-354, ACCEPTING THE WORK FOR THE LOWER CITY PARK
4a 3
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 publish
Cumulative cost of
the following proceedings and claim is $
calendar year for said publication is~$_
OFFICIAL COUNCIL ACTIONS ~ 11/17/09
Iowa City City C uncil regular meeting, 7:00 p.m. City Hall. Mayor Bailey presiding.
Council Members prese t: Bailey, Champion, Hayek, O' onnell, Wilburn, Wright. Absent:
Correia.
The Mayor presente Outstanding Student Citiz nship Awards to Shimek Elementary
students: Dylan Leigh; Andr Parr; Hailey Verdick.
The Mayor proclaimed: ational Week of Hun rand Homelessness Awareness -
November 15-21, 2009, Crissy anganelli, Local Co hair Homeless Coordinating Board
accepting.
Moved and seconded that th following ite and recommendations in the Consent
Calendar be received, or approved, d/or adapt as amended:
Approval of Council Actio s, subje to corrections, as recommended by the
City Clerk. November 2, Regular ounc' Work Session; November 2, Special Council
Formal Official and Complete (1); ve ber 2, Special Council Formal Official and
Complete (2).
Receive and File Minutes of B rds and Commissions (any recommendations
contained in minutes become effec ' e ly upon separate Council action). Senior
Center Commission: August 25, 2 9; Yo th Advisory Commission: October 8, 2009;
Police Citizens Review Board: O obey 13, 009.
Permit Motions and Res utions as R ommended by the City Clerk.
New: Class E Liquor License or Fareway Sto es, Inc., #950, 2530 Westwinds Dr.;
Class E Liquor License for F reway Stores, Inc. #034, 2765 Commerce Dr.; Renewal:
Class C Liquor License for uinton's Bar & Deli, 15 E. Washington St.; Class C
Liquor License for Club C r, 122 Wright St.; Class Beer Permit for Aldi, Inc., #6,
1534 S. Gilbert St.; Clas C Liquor License for Buff o Wild Wings Grill & Bar, 201 S.
Clinton St.; Special Cla s C Liquor License for India afe, 227 E. Washington St.;
RES. 09-349, TO ISS E DANCING PERMIT to Summ~ , 10 S. Clinton St.
Resolutions: ES. 09-350, AUTHORIZING THE AYOR TO SIGN AND THE
CITY CLERK TO A EST TO THE RELEASE OF MOR AGE FOR THE
PROPERTY LOC ED AT 2673 INDIGO COURT, IOWA ITY, IOWA. RES. 09-351,
AUTHORIZING T E MAYOR TO SIGN AND THE CITY CL RK TO ATTEST TO THE
RELEASE OF LIEN REGARDING A MORTGAGE FOR THE ROPERTY LOCATED
122 E. MARKET STREET, IOWA CITY, IOWA; RES. 09-352, UTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO TH RELEASE OF LIENS
REGARDING TWO MORTGAGES FOR THE PROPERTY LOCA ED AT 440 3RD
AVENUE, IOWA CITY, IOWA; RES. 09-353, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A
MORTGAGE FOR THE PROPERTY LOCATED AT 2122 F STREET, IOWA CITY,
IOWA; RES. 09-354, ACCEPTING THE WORK FOR THE LOWER CITY PARK
Official Actions
November 17, 2009
Page 2
TENNIS COURT AND BUILDING ELECTRICAL FLOOD REPAIR PROJECT; RES.
09-355, ACCEPTING THE WORK FOR THE 2009 PAVEMENT REPLACEMENT FOR
WATER MAIN PROJECT; RES. 09-356, ACCEPTING THE WORK FOR THE 2009
DURABLE PAVEMENT MARKING PROJECT; RES. 09-357, ACCEPTING THE
WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND
PAVING PUBLIC IMPROVEMENTS FOR LYTHAM CONDOMINIUMS, AND
DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE;
RES. 09-358, ACCEPTING THE WORK FOR A CERTAIN WALKWAY AND A
CERTAIN SIDEWALK IN LINDEMANN SUBDIVISION -PART THREE, AND
DECLARING THE WALKWAY AND SIDEWALK OPEN FOR PUBLIC ACCESS AND
USE; RES. 09-359, ACCEPTING THE WORK FOR THE STORM SEWER, TILE
LINES, WATER MAIN, SANITARY SEWER, TEMPORARY TURN AROUND, TRAIL,
AND PAVING PUBLIC IMPROVEMENTS FOR STONE BRIDGE ESTATES -PART
SIX, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS
AND USE.
Correspondence: Acting Traffic Engineering Planner regarding Installation of
(4) NO PARKING EVEN/ODD CALENDAR DATES 8AM-5PM, EXCEPT SUNDAYS
signs on 200 South Johnson Street; Acting Traffic Engineering Planner regarding
Installation of (1) NO PARKING HERE TO DRIVEWAY sign on Lafayette Street,
approximately 50 feet east of Clinton Street; Constance Goeb Cuttell regarding
Appointment to Human Rights Commission; Clay Clausen regarding Appointment to
Parks and Recreation Commission; Jonathan Williams regarding Project Citizen;
Marshal Poe regarding 225 EFairchild/Northside; Maggie McKnight regarding
Chickens in Iowa City; Youth Advisory Commission regarding Neighborhood Safety
Forum; Douglas Jones regarding Mosquito Flats Recovery; Douglas Jones regarding
Mosquito Flats Recovery; Letters from Michelle Westfall, A.J. Black, Brandon Khounlo
regarding Crime Related Issues.
Motion: Approve the Abstract of Votes for the Iowa City Election held on
November 3, 2009.
The Mayor declared the motion carried.
Jarrod Vincent, Eco-4 Partners, appeared informing Council of a Moss Family
Development Group project coming to them shortly. Cindy Roberts, 2034 Grant Wood
Street, thanked Council for their discussion of various crime prevention initiatives at their
November 16th work session. Parks & Recreation Commissioner Ryan O'Leary updated
Council on activities of the Commission.
Moved and seconded to set a public hearing for December 1 on an ordinance to
amend the conditional zoning agreement between Wal-Mart Stores, Inc. and the City of Iowa
City by modifying the concept site plan for an approximately 25.16 acre property located at
1001 Highway 1 West (REZ09-00008). The Mayor declared the motion carried.
A public hearing was held on an ordinance conditionally rezoning approximately 7.91
acres of property located on Huntington Drive west of Taft Avenue, from Interim Development
Single-Family to Medium Density Single-Family (REZ09-00007). Developer John Moreland
appeared.
Moved and seconded that the ordinance conditionally rezoning approximately 7.91
acres of property located on Huntington Drive west of Taft Avenue, from Interim Development
Official Actions
November 17, 2009
Page 3
Single-Family to Medium Density Single-Family (REZ09-00007), be given first vote. The
Mayor declared the motion carried.
A public hearing was held on an ordinance amending Title 14, Zoning Code, to allow
specialized educational facilities in the Intensive Commercial (CI-1) Zone by Special
Exception. Moved and seconded to accept correspondence from Judy O'Donnell. The
Mayor declared the motion carried.
Moved and seconded that the ordinance amending Title 14, Zoning Code, to allow
specialized educational facilities in the Intensive Commercial (CI-1) Zone by Special
Exception, be given first vote. The Mayor declared the motion carried.
A public hearing was held on an ordinance amending Title 14, Zoning Code, to allow
flexibility in the type of fence screening required for salvage yards.
Moved and seconded that the ordinance amending Title 14, Zoning Code, to allow
flexibility in the type of fence screening required for salvage yards, be given first vote. Moved
and seconded to amend the ordinance by modifying the requirement of solid fencing areas
that will not be visible from public streets or other public rights of way, by adding "or the Iowa
River". The Mayor declared the motion to amend carried. The Mayor declared the motion
carried on first consideration as amended.
A public hearing was held on an ordinance amending Title 14, Zoning Code, to correct
language in the code to allow wheelchair ramps and stoops to extend into required setback
areas for all types of buildings.
Moved and seconded that the ordinance amending Title 14, Zoning Code, to correct
language in the code to allow wheelchair ramps and stoops to extend into required setback
areas for all types of buildings, be given first vote. The Mayor declared the motion carried.
A public hearing was held on an ordinance amending Title 14, Zoning Code, to clarify
standards that apply to duplexes and single-family attached dwellings in Planned
Development Overlay (OPD) Zones.
Moved and seconded that the ordinance amending Title 14, Zoning Code, to clarify
standards that apply to duplexes and single-family attached dwellings in Planned
Development Overlay (OPD) Zones, be given first vote. The Mayor declared the motion
carried.
A public hearing was held on an 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 news record rather than the means square foot
costs manual and to hold any negative changes to the cost index of the preceding year.
Moved and seconded that 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 news record rather than the means square foot
costs manual and to hold any negative changes to the cost index of the preceding year, be
given first vote. The Mayor declared the motion carried.
A hearing was held on the recommendation to deny the renewal of a Class C Liquor
License for Summit Restaurant & Bar inc. dba The Summit, 10 S. Clinton Street. The
following individuals appeared: Mike Porter, owner of The Summit; Atty. Steven Havercamp,
representing The Summit; and Jeff Shipley.
Official Actions
November 17, 2009
Page 4
Moved and seconded to deny in accordance with staff recommendation the renewal of
a Class C Liquor License for Summit Restaurant & Bar inc. dba The Summit, 10 S. Clinton
Street. The Mayor declared the motion carried. Moved and seconded to accept
correspondence from Sgt. Kelsay and Atty. Havercamp. The Mayor declared the motion
carried.
A public hearing was held on an ordinance amending Title 17, Chapter 1, Building
Code, by adopting the International Building Code, 2009 Edition, and the International
Residential Code, including Appendix F Radon Control Methods, 2009 Edition, published by
the International Code Council and providing for certain amendments thereof; to provide for
the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa. The
following individuals appeared: Glenn Siders, PO Box 1907; Dan Smith, 905 Wylde Green
Rd., representing Iowa City Home Builders Association.
Moved and seconded that the ordinance amending Title 17, Chapter 1, Building Code,
by adopting the International Building Code, 2009 Edition, and the International Residential
Code, including Appendix F Radon Control Methods, 2009 Edition, published by the
International Code Council and providing for certain amendments thereof; to provide for the
protection of the health, welfare and safety of the Citizens of Iowa City, Iowa, be given first
vote. The Mayor declared the motion carried.
A public hearing was held on an ordinance amending Title 17, Chapter 2, by adopting
the Uniform Plumbing Code, 2009 Edition, and providing for certain amendments thereof; to
provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa.
Moved and seconded that the ordinance amending Title 17, Chapter 2, by adopting
the Uniform Plumbing Code, 2009 Edition, and providing for certain amendments thereof; to
provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa,
be given first vote. The Mayor declared the motion carried.
A public hearing was held on an ordinance amending Title 17, Chapter 4, Mechanical
Code, by adopting the International Mechanical Code, 2009 Edition, published by the
International Code Council, and providing for certain amendments thereof; to provide for the
protection of the health, welfare and safety of the Citizens of Iowa City, Iowa.
Moved and seconded that the ordinance amending Title 17, Chapter 4, Mechanical
Code, by adopting the International Mechanical Code, 2009 Edition, published by the
International Code Council, and providing for certain amendments thereof; to provide for the
protection of the health, welfare and safety of the Citizens of Iowa City, Iowa, be given first
vote. The Mayor declared the motion carried.
A public hearing was held on an ordinance amending Title 17, Chapter 13, Fuel Gas
Code, by adopting the International Fuel Gas Code, 2009 Edition, published by the
International Code Council, and providing for certain amendments thereof; to provide for the
protection of the health, welfare and safety of the Citizens of Iowa City, Iowa.
Moved and seconded that the ordinance amending Title 17, Chapter 13, Fuel Gas
Code, by adopting the International Fuel Gas Code, 2009 Edition, published by the
International Code Council, and providing for certain amendments thereof; to provide for the
protection of the health, welfare and safety of the Citizens of Iowa City, Iowa, be given first
vote. The Mayor declared the motion carried.
A public hearing was held on an ordinance amending Title 7, Chapter 1, Fire
Prevention and Protection, by adopting the 2009 Edition of the International Fire Code to
Official Actions
November 17, 2009
Page 5
regulate and govern the safeguarding of life and property from fire and explosion hazards
arising from the storage, handling and use of hazardous substances, materials and devices,
and from conditions hazardous to life or property in the occupancy of buildings and premises
in the City of Iowa City and providing for the issuance of permits.
Moved and seconded that the ordinance amending Title 7, Chapter 1, Fire Prevention
and Protection, by adopting the 2009 Edition of the International Fire Code to regulate and
govern the safeguarding of life and property from fire and explosion hazards arising from the
storage, handling and use of hazardous substances, materials and devices, and from
conditions hazardous to life or property in the occupancy of buildings and premises in the City
of Iowa City and providing for the issuance of permits, be given first vote. The Mayor
declared the motion carried.
A public hearing was held on a resolution approving plans, specifications, and
estimate of cost for the construction of the North Dodge Street Pedestrian Bridge over I-80
[ESIM-080-6(285)243--OS-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.
Moved and seconded to adopt RES. 09-360, APPROVING PLANS,
SPECIFICATIONS, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
NORTH DODGE STREET PEDESTRIAN BRIDGE OVER I-80 [ESIM-080-6(285)243--OS-
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. The Mayor declared the resolution adopted.
Moved and seconded that the that the rule requiring ordinances to be considered and
voted on for final passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived, and that ORD.
09-4362, AMENDING TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4,
SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION
8, PARKING VIOLATIONS TO ADD A $50 PENALTY FOR SNOW EMERGENCY PARKING
VIOLATIONS, be voted on for final passage at this time. The Mayor declared the motion
carried. Moved and seconded that the ordinance be finally adopted at this time.
Moved and seconded that the ordinance amending Title 12, entitled "Franchises", of
the City Code to add a chapter imposing a franchise fee on the gross revenue of franchisee
MidAmerican Energy Company derived from the distribution and retail sale of electricity and
the distribution, delivery and retail sale of natural gas by MidAmerican, or other natural gas
providers utilizing the distribution system of MidAmerican, to customers within the current or
future corporate limits of the City of Iowa City, and on a revenue purpose statement
specifying the purpose or purposes for which the revenue collected from the franchise fee will
be expended, be given second vote. The following individuals appeared: Joe Raso, 325 E.
Washington Street, President Iowa City Area Development Group (ICAD); Derek Easton, 18
Crabapple Ct., Proctor & Gamble Plant Manager; Anita Falkofske Eaton, Plant Manager for
Proctor and Gamble's Iowa City Oral-B Laboratories manufacturing plant; David Bywater, 211
Post Rd., representing Economy Advertising; Dan Schweer; and Jeff Shipley, UISG Student
Liaison. The Mayor declared the motion carried. Moved and seconded to accept
correspondence from Nila Haug, Sam Hays, Chris Hoenig. The Mayor declared the motion
carried.
Official Actions
November 17, 2009
Page 6
Moved and seconded that the ordinance amending ordinance Code Section 16-1 D-2,
entitled "Permit Requirements" to require and allow Council to set by resolution an excavation
permit fee schedule, be given second vote. The Mayor declared the motion carried.
Moved and seconded to adopt RES. 09-361, ADOPTING THE PROCUREMENT
POLICY FOR THE IOWA CITY HOUSING AUTHORITY AND RESCINDING RESOLUTION
NO. 91-155.
Moved and seconded to adopt RES. 09-362, APPROVING, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN
AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN
COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE WATER
SOURCE WELL FLOOD MITIGATION PROJECT.
The Mayor noted the previously announced vacancies: Airport Zoning Brd of
Adjustment to fill an unexpired term, effective upon appointment, plus afive-year term ending
December 31, 2011; Airport Zoning Brd of Adjustment to fill a five-year term January 1, 2009
-December 31, 2013; Airport Zoning Commission to fill asix-year term January 1, 2006 -
December 31, 2011; Airport Zoning Commission to fill asix-year term January 1, 2010 -
December 31, 2015; Appeals, Board of to fill afive-year term January 1, 2009 -December
31, 2013, for a Mechanical Professional; Appeals, Board of to fill an unexpired term, effective
upon appointment, ending December 31, 2010, for a Licensed Electrician; Appeals, Board of
to fill afive-year term January 1, 2010 -December 31, 2014, for a Building Design
Professional; Public Art Advisory Committee to fill athree-year term January 1, 2010 -
January 1, 2013, for an Art/Design Professional; Youth Advisory Commission -Two
vacancies to fill unexpired terms, effective upon appointment, plus two-year terms January 1,
2010 -December 31, 2011 for two persons At-Large; Youth Advisory Commission to fill a
two-year term One (1) person -Tate High, January 1, 2009 -December 31, 2010; Youth
Advisory Commission -One vacancy to fill atwo-year term for One (1) person -Regina
High, January 1, 2010 -December 31, 2011. Applications must be received by 5:00 p.m.,
Wednesday, November 18, 2009. Applicants MUST reside in Iowa City and be 18 years of
age unless specific qualifications are stated. [Staff will not publish additional notices after a
period of six publications; but will continue to advertise vacancies with postings and on the
Council agenda. However, no additional publication costs will be incurred.]
Moved and seconded to appoint Le Ann Tyson, 1408 Brookwood Drive, to the Board
of Adjustment to fill an unexpired term, effective upon appointment, ending January 1, 2011.
The Mayor declared the motion carried.
Moved and seconded to adjourn meeting 9:35 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/Mar an K. Karr, City CI r
~~ . ~~~
Submitt~d for pub it cation - 11/24/09.
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t2-01-09
4a 1
CITY OF IOWA CITY
MEMORANDUM
Date: November 23, 2009
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Special Council Work Session, November 12, 2009, 9:30 AM in Room 203
of the Johnson County Health and Human Services Building
Council: Bailey, Champion, Hayek, Wilburn, Wright. Absent: Correia, O'Donnell.
Staff: Helling, Miklo, Karr
(A complete transcription is available in the City .Clerk's Office and the City website)
nt T
n & J
A
Consultant Victor Dover facilitated a focus group session on the Riverfront Crossings District.
The following were in attendance:
Lorin Ditzler, Parks & Recreation Commission
Regenia Bailey, City Council
Connie Champion, Council Member
Tim Weitzel, Planning & Zoning Commission
Susan Mims, City Council elect
Matt Hayek, City Council
Terry Dickens, City Council elect
Ross Wilburn, City Council
Aaron Krohmer, Parks & Recreation Commission
Charlie Eastham, Planning & Zoning Commission
Mike Wright, City Council
Michelle Payne, Planning & Zoning Commission
Joshua Busard, Planning & Zoning Commission
Meeting adjourned 10:20 AM.
r
~~®~r CITY OF 1C~WA CITY 4a
~E~Q
Date: November 16, 2009
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, November 16, 2009, 6:30 PM in Emma J. Harvat Hall
Council: Bailey, Champion, Correia, Hayek, O'Donnell (left 8:10), Wilburn, Wright.
UISH Rep: Shipley.
Staff: Helling, Dikes, Karr, Davidson, Boothroy, Moran, Cate, Hargadine, J. Bailey, Bollinger,
Rackis, Fortmann, Fosse.
(A complete transcription is available in the City Clerk's Office and the City website)
PLANNING AND ZONING ITEMS [c, d, e, f, g]
PCD Director Davidson presented information on the following items:
c) AMENDING TITLE 14, ZONING CODE, TO ALLOW SPECIALIZED EDUCATIONAL
FACILITIES IN THE INTENSIVE COMMERCIAL (CI-1) ZONE BY SPECIAL
EXCEPTION.
d) AMENDING TITLE 14, ZONING CODE, TO ALLOW FLEXIBIILITY IN THE TYPE OF
FENCE SCREENING REQUIRED FOR SALVAGE YARDS.
In response to Council Member Correia, a majority of Council agreed to amend the ordinance
by modifying the requirement of solid fencing areas that will not be visible from public streets or
other public rights of way, "or waterways".
e) AMENDING TITLE 14, ZONING CODE, TO CORRECT LANGUAGE IN THE CODE TO
ALLOW WHEELCHAIR RAMPS AND STOOPS TO EXTEND INTO REQUIRED
SETBACK AREAS FOR ALL TYPES OF BUILDINGS.
HIS Director Boothroy present for discussion.
f) AMENDING TITLE 14, ZONING CODE, TO CLARIFY STANDARDS THAT APPLY TO
DUPLEXES AND SINGLE-FAMILY ATTACHED DWELLINGS IN PLANNED
DEVELOPMENT OVERLAY (OPD) ZONES.
g) 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 NEWS RECORD RATHER THAN THE MEANS
SQUARE FOOT COSTS MANUAL AND TO HOLD ANY NEGATIVE CHANGES TO
THE COST INDEX OF THE PRECEDING YEAR.
Council Work Session
November 16, 2009
Page 2
COUNCIL APPOINTMENTS
Board of Adjustment - Le Ann Tyson
AGENDA ITEMS
1. (Agenda item # 15 -ordinance .... Franchise fee) Council Member Hayek reported on
discussions with Chamber and ICAD representatives and expressed interest in some relief
for those most affected by the proposed franchise fee, but noted he had not come up with a
viable method of addressing it. Majority agreed to proceed with second consideration.
2. (Agenda item # 7 -hearing and motion to deny ... renewal of Class C Liquor License ...
Summit Restaurant & Bar) In response to Council Member Wilburn, City Atty. Dilkes stated
that reply briefs had been filed the previous Friday for the other two bars appealing similar
action and a decision from the State may take months.
3. (Consent Calendar # 4e(6) -Marshall Poe, 225 E. Fairchild / Northside) Council Member
Hayek noted the correspondence regarding rental property and questioned when the item
on "Nuisance Enforcement" on the pending council work session items could be scheduled.
Majority agreed to schedule the item after the budget is decided. Interim City Manager
Helling noted the property here was owner occupied and is considered a single family
dwelling.
4. (Agenda item # 8 -Ordinance .... International Building Code ...) HIS Director Boothroy
presented information and responded to questions.
5. (Agenda item # 17 -Resolution adopting ... procurement policy ... Iowa City Housing
Authority ...) Housing Authority Adm. Rackis noted the changes were needed to comply with
State and HUD regulations.
CONSENT CALENDAR ADDITION
City Clerk Karr stated the abstract from the November election had been added to the Consent
Calendar for acceptance.
NEIGHBORHOOD SAFETY/CRIME RELATED ISSUES [IP2 of 11/12 Info Packet & agenda
4e(8)]
Interim City Manager Helling introduced the item, and Council Member Correia shared
information. The following individuals presented additional information and responded to
questions: Police Officer Steve Fortmann; Neighborhood Services Coordinator Bollinger;
Chamber representative Rebecca Neades; Police Chief Hargadine; Housing Authority Adm.
Rackis; Senior Housing Inspector Cate; and HIS Director Boothroy.
After discussion staff was directed to provide additional information on the following programs:
• Landlord Education
• Juvenile crime bureau /investigator
• Criminal background checks
• Tracking software (for visits to rental properties)
• Graffiti Hotline
STAFF ACTION: Follow up and provide information after budget approval. (Helling)
Council Work Session
November 16, 2009
Page 3
(Break 8:10-8:20)
LEGISLATIVE PRIORITIES [IP3 of 11/12 Info Packet]
After discussion a majority requested that the priorities be presented in the resolution in the
following order:
Group #1
1. Tax non-owner occupied condominiums as commercial properties
2. Hotel/Motel Tax -increase maximum tax option from 7% to 9%
3. Municipal Fire and Police Retirement System -work with Iowa League of Cities to
contain future cost to employers under this system
4. Tax Increment Financing - no changes or further restrictions
5. Increase fees for cigarette licenses (have not increased in over 20 years)
Group #2
1. Funding support for Passenger Rail initiatives
a. Commuter Rail
b. Extension of AMTRAK to Iowa City from the Quad Cities
2. I-JOBS -support another round of funding at least the same amount as last session -
$118.5 million
Group #3
1. Alcoholic Beverages
a. State statue to restrict price specials and related promotions that encourage
excessive consumption
b. State examination of the cash-only business of cover charges
c. Increase fees for liquor and beer licenses
2. The City supports the legislative priorities set forth by the Iowa League of Cities for the
2010 legislative session
INFORMATION PACKET DISCUSSION [Nov 5 & 121nfo Packets]
1. Correia noted the information packet of November 12 was not double sided. City Clerk
Karr stated it was an error.
2. (IP5 of 11/12 Info Packet -memo from Interim City Manager re gifts /naming policy) A
majority agreed to change point # 2 to read "Public Facilities, with the exception of
buildings, may be named after an individual of historic significance ten years or more
after the individual's death". Interim City Manager will distribute a draft of the policy to
Boards and Commissions for their input (with a deadline), and then place it back on a
Council agenda for action.
3. (IP6 of 11/12 Info Packet -Criminal Justice Coordinating Committee minutes) Council
Member Champion noted the minutes, and previous discussions regarding combining
the Police and Sheriff's stations. Interim City Manager noted he was not aware of any
discussions, nothing was included in the budget, and suggested the Chief and Sheriff
discuss the concept further and see how it might work.
4. (IP2 of 11/5 Info Packet -memo from Associate Planner re upcoming planning events
for the RiverFront Crossings District) Council Member Hayek reported he had received a
call from a property owner south of Burlington Street who said he had not been invited to
participate. Mayor Bailey suggested the owner contact Planner Howard, and have his
Council Work Session
November 16, 2009
Page 4
input incorporated into discussions, noting there would be other discussions scheduled
on the project.
COUNCIL TIME
None
BUDGET PRIORITIES
None
SCHEDULE OF PENDING DISCUSSION ITEMS [IP4 of 11/12 Info Packet]
In response to Council Member Correia, Interim City Manager Helling stated the City Steps
presentation would at the December 14 meeting and action on the agenda. The report would be
sent in the December 5 Information Packet to allow time for review.
Interim City Manager Helling noted the curtew ordinance had been deferred to the December 1
meeting, and questioned what and when information should be provided from the Coalition.
Majority agreed that a written report should be in the agenda packet being distributed November
25, and any presentation from the Coalition be scheduled for the formal meeting on December
1.
UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS
1. Mayor Bailey reminded everyone of the St. Patrick's Church dedication scheduled for
Sunday, November 29, noting the dedication ceremony is scheduled for 2:00 PM and a
reception to follow at 3:30 PM.
2. Mayor Bailey noted the Police Citizens Review Board (PCRB) community forum
scheduled for November 18.
DISCUSSION OF MEETING SCHEDULE
In response to information shared by City Clerk Karr a majority changed the final Council
meetings in January to a combined work session and formal on Monday, January 25.
STAFF ACTION: Schedule for January, February and March distributed in November 19
information packet. (Karr)
Meeting adjourned 9:00 PM.
* Revised 12/1/09
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
NOVEMBER 17, 2009
Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Bailey presiding.
Council Members present: Bailey, Champion, Hayek, O'Donnell, Wilburn, Wright. Absent:
Correia. Staff members present: Helling, Fosse, Boothroy, Dilkes, Karr, Hennes, Davidson,
Panos, Grier, Kelsay, Rackis.
The Mayor presented Outstanding Student Citizenship Awards to Shimek Elementary
students: Dylan Leigh; Andrew Parr; Hailey Verdick.
The Mayor proclaimed: National Week of Hunger and Homelessness Awareness -
November 15-21, 2009, Crissy Canganelli, Local Co-Chair Homeless Coordinating Board
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. November 2, Regular Council Work Session; November 2, Special Council
Formal Official and Complete (1); November 2, Special Council Formal Official and
Complete (2).
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action). Senior
Center Commission: August 25, 2009; Youth Advisory Commission: October 8, 2009;
Police Citizens Review Board: October 13, 2009.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Class E Liquor License for Fareway Stores, Inc., dba Fareway Stores, Inc.,
#950, 2530 Westwinds Dr.; Class E Liquor License for Fareway Stores, Inc., dba
Fareway Stores, Inc., #034, 2765 Commerce Dr.; Renewal: Class C Liquor License
for Lusati, Inc., dba Quinton's Bar & Deli, 215 E. Washington St.; Class C Liquor
License for Suzster, Inc., dba Club Car, 122 Wright St.; Class C Beer Permit for Aldi,
Inc., dba Aldi, Inc., #6, 1534 S. Gilbert St.; Class C Liquor License for Blazin Wings,
Inc., dba Buffalo Wild Wings Grill & Bar, 201 S. Clinton St.; Special Class C Liquor
License for India Cafe Corp., dba India Cafe, 227 E. Washington St.; RES. 09-349, TO
ISSUE DANCING PERMIT to Summit Restaurant & Bar, Inc., dba Summit, 10 S.
Clinton St.
Resolutions: RES. 09-350, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO THE RELEASE OF MORTGAGE FOR THE
PROPERTY LOCATED AT 2673 INDIGO COURT, IOWA CITY, IOWA. RES. 09-351,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE
RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED
122 E. MARKET STREET, IOWA CITY, IOWA; RES. 09-352, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS
REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 440 3RD
AVENUE, IOWA CITY, IOWA; RES. 09-353, AUTHORIZING THE MAYOR TO SIGN
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
NOVEMBER 17, 2009
Iowa City City C uncil regular meeting, 7:00 p.m. City Hall. Mayor Bailey presiding.
Council Members prese t: Bailey, Champion, Hayek, O' onnell, Wilburn, Wright. Absent:
Correia. Staff members p esent: Helling, Fosse, Booth oy, Dilkes, Karr, Hennes, Davidson,
Panos, Grier, Kelsay, Rack~,s.
The Mayor presented''~Outstanding Student Ci zenship Awards to Shimek Elementary
students: Dylan Leigh; Andrev~, Parr; Hailey Verdick
The Mayor proclaimed: ` ational Week of H nger and Homelessness Awareness -
November 15-21, 2009, Crissy C~nganelli, Local o-Chair Homeless Coordinating Board
accepting. '~
Moved by Champion, secon d by Hay ,that the following items and
recommendations in the Consent Ca ndar b received, or approved, and/or adapted as
amended:
Approval of Council Action , s bject to corrections, as recommended by the
City Clerk. November 2, Regular uncil Work Session; November 2, Special Council
Formal Official and Complete (1); vember 2, Special Council Formal Official and
Complete (2).
Receive and File Minutes f Bo ds and Commissions (any recommendations
contained in minutes become a ctive ly upon separate Council action). Senior
Center Commission: August 25 2009; Y th Advisory Commission: October 8, 2009;
Police Citizens Review Board: October 13, 009.
Permit Motions and R solutions as commended by the City Clerk.
New: Class E Liquor Licen for Fareway St res, Inc., dba Fareway Stores, Inc.,
#950, 2530 Westwinds Dr.' Class E Liquor Lic nse for Fareway Stores, Inc., dba
Fareway Stores, Inc., #0 , 2765 Commerce D .; Renewal: Class C Liquor License
for Lusati, Inc., dba Qui on's Bar & Deli, 215 E. ashington St.; Class C Liquor
License for Suzster, In ., dba Club Car, 122 Wrig t St.; Class C Beer Permit for Aldi,
Inc., dba Aldi, Inc., #6 1534 S. Gilbert St.; Class C iquor License for Blazin Wings,
Inc., dba Buffalo Wil Wings Grill & Bar, 201 S. Clin n St.; Special Class C Liquor
License for India C e Corp., dba India Cafe, 227 E. ashington St.; RES. 09-349, TO
ISSUE DANCING ERMIT to Summit Restaurant & B r, Inc., dba Summit, 10 S.
Clinton St.
Resoluti s: RES. 09-350, AUTHORIZING THE AYOR TO SIGN AND THE
CITY CLERK O ATTEST TO THE RELEASE OF MOR AGE FOR THE
PROPERTY OCATED AT 2673 INDIGO COURT, IOWA ITY, IOWA. RES. 09-351,
AUTHORIZI G THE MAYOR TO SIGN AND THE CITY C RK TO ATTEST TO THE
RELEASE F LIEN REGARDING A MORTGAGE FORTH PROPERTY LOCATED
122 E. M RKET STREET, IOWA CITY, IOWA; RES. 09-35 ,AUTHORIZING THE
MAYOR O SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS
REGA DING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 440 3RD
AVENUE, IOWA CITY, IOWA; RES. 09-353, AUTHORIZING THE MAYOR TO SIGN
Complete Description
November 17, 2009
Page 2
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A
MORTGAGE FOR THE PROPERTY LOCATED AT 2122 F STREET, IOWA CITY,
IOWA; RES. 09-354, ACCEPTING THE WORK FOR THE LOWER CITY PARK
TENNIS COURT AND BUILDING ELECTRICAL FLOOD REPAIR PROJECT; RES.
09-355, ACCEPTING THE WORK FOR THE 2009 PAVEMENT REPLACEMENT FOR
WATER MAIN PROJECT; RES. 09-356, ACCEPTING THE WORK FOR THE 2009
DURABLE PAVEMENT MARKING PROJECT; RES. 09-357, ACCEPTING THE
WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND
PAVING PUBLIC IMPROVEMENTS FOR LYTHAM CONDOMINIUMS, AND
DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE;
RES. 09-358, ACCEPTING THE WORK FOR A CERTAIN WALKWAY AND A
CERTAIN SIDEWALK IN LINDEMANN SUBDIVISION -PART THREE, AND
DECLARING THE WALKWAY AND SIDEWALK OPEN FOR PUBLIC ACCESS AND
USE; RES. 09-359, ACCEPTING THE WORK FOR THE STORM SEWER, TILE
LINES, WATER MAIN, SANITARY SEWER, TEMPORARY TURN AROUND, TRAIL,
AND PAVING PUBLIC IMPROVEMENTS FOR STONE BRIDGE ESTATES -PART
SIX, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS
AND USE.
Correspondence: Acting Traffic Engineering Planner regarding Installation of
(4) NO PARKING EVEN/ODD CALENDAR DATES 8AM-5PM, EXCEPT SUNDAYS
signs on 200 South Johnson Street; Acting Traffic Engineering Planner regarding
Installation of (1) NO PARKING HERE TO DRIVEWAY sign on Lafayette Street,
approximately 50 feet east of Clinton Street; Constance Goeb Cuttell regarding
Appointment to Human Rights Commission; Clay Claussen regarding Appointment to
Parks and Recreation Commission; Jonathan Williams regarding Project Citizen;
Marshal Poe regarding 225 EFairchild/Northside; Maggie McKnight regarding
Chickens in Iowa City; Youth Advisory Commission regarding Neighborhood Safety
Forum; Douglas Jones regarding Mosquito Flats Recovery; Douglas Jones regarding
Mosquito Flats Recovery; Letters from Michelle Westfall, A.J. Black, Brandon Khounlo
regarding Crime Related Issues.
Motion: Approve the Abstract of Votes for the Iowa City Election held on
November 3, 2009.
Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the motion
carried.
Jarrod Vincent, Eco-4 Partners, appeared informing Council of a Moss Family
Development Group project coming to them shortly. Cindy Roberts, 2034 Grant Wood
Street, thanked Council for their discussion of various crime prevention initiatives at their
November 16th work session. Parks & Recreation Commissioner Ryan O'Leary updated
Council on activities of the Commission.
Moved by Champion, seconded by O'Donnell, to set a public hearing for December 1
on an ordinance to amend the conditional zoning agreement between Wal-Mart Stores, Inc.
and the City of Iowa City by modifying the concept site plan for an approximately 25.16 acre
property located at 1001 Highway 1 West (REZ09-00008). The Mayor declared the motion
carried unanimously, 6/0, Correia absent.
Complete Description
November 17, 2009
Page 3
A public hearing was held on an ordinance conditionally rezoning approximately 7.91
acres of property located on Huntington Drive west of Taft Avenue, from Interim Development
Single-Family to Medium Density Single-Family (REZ09-00007). Developer John Moreland
appeared. PCD Director Davidson present for discussion.
Moved by O'Donnell, seconded by Hayek, that the ordinance conditionally rezoning
approximately 7.91 acres of property located on Huntington Drive west of Taft Avenue, from
Interim Development Single-Family to Medium Density Single-Family (REZ09-00007), be
given first vote. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor
declared the motion carried.
A public hearing was held on an ordinance amending Title 14, Zoning Code, to allow
specialized educational facilities in the Intensive Commercial (CI-1) Zone by Special
Exception. Moved by Wright, seconded by Champion, to accept correspondence from Judy
O'Donnell. The Mayor declared the motion carried unanimously, 6/0, Correia absent.
Moved by Champion, seconded by O'Donnell, that the ordinance amending Title 14,
Zoning Code, to allow specialized educational facilities in the Intensive Commercial (CI-1)
Zone by Special Exception, be given first vote. Affirmative roll call vote unanimous, 6/0,
Correia absent. The Mayor declared the motion carried.
A public hearing was held on an ordinance amending Title 14, Zoning Code, to allow
flexibility in the type of fence screening required for salvage yards. No one appeared.
Moved by Wilburn, seconded by Hayek, that the ordinance amending Title 14, Zoning
Code, to allow flexibility in the type of fence screening required for salvage yards, be given
first vote. Moved by Wright, seconded by Wilburn, to amend the ordinance by modifying the
requirement of solid fencing areas that will not be visible from public streets or other public
rights of way, by adding "or the Iowa River". The Mayor declared the motion to amend
carried unanimously, 6/0, Correia absent. The Mayor declared the motion carried on first
consideration as amended, 6/0, Correia absent.
A public hearing was held on an ordinance amending Title 14, Zoning Code, to correct
language in the code to allow wheelchair ramps and stoops to extend into required setback
areas for all types of buildings. No one appeared.
Moved by Wright, seconded by Wilburn, that the ordinance amending Title 14, Zoning
Code, to correct language in the code to allow wheelchair ramps and stoops to extend into
required setback areas for all types of buildings, be given first vote. Affirmative roll call vote
unanimous, 6/0, Correia absent. The Mayor declared the motion carried.
A public hearing was held on an ordinance amending Title 14, Zoning Code, to clarify
standards that apply to duplexes and single-family attached dwellings in Planned
Development Overlay (OPD) Zones. PCD Director Davidson present for discussion.
Moved by Wilburn, seconded by Wright, that the ordinance amending Title 14, Zoning
Code, to clarify standards that apply to duplexes and single-family attached dwellings in
Planned Development Overlay (OPD) Zones, be given first vote. Affirmative roll call vote
unanimous, 6/0, Correia absent. The Mayor declared the motion carried.
A public hearing was held on an 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 news record rather than the means square foot
Complete Description
November 17, 2009
Page 4
costs manual and to hold any negative changes to the cost index of the preceding year. No
one appeared.
Moved by Champion, seconded by O'Donnell, that the ordinance amending Article 14-
76-7, "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 news record rather than
the means square foot costs manual and to hold any negative changes to the cost index of the
preceding year, be given first vote. Affirmative roll call vote unanimous, 6/0, Correia absent.
The Mayor declared the motion carried.
A hearing was held on the recommendation to deny the renewal of a Class C Liquor
License for Summit Restaurant & Bar inc. dba The Summit, 10 S. Clinton Street. Police Sgt.
Kelsay presented information. The following individuals appeared: Mike Porter, owner of The
Summit; Atty. Steven Havercamp, representing The Summit; and Jeff Shipley.
Moved by Wright, seconded by Wilburn, to deny in accordance with staff
recommendation the renewal of a Class C Liquor License for Summit Restaurant & Bar inc.
dba The Summit, 10 S. Clinton Street. Individual Council Members expressed their views.
The Mayor declared the motion carried unanimously, 6/0, Correia absent. Moved by Wilburn,
seconded by O'Donnell, to accept correspondence from Sgt. Kelsay and Atty. Havercamp.
The Mayor declared the motion carried unanimously, 6/0, Correia absent.
A public hearing was held on an ordinance amending Title 17, Chapter 1, Building
Code, by adopting the International Building Code, 2009 Edition, and the International
Residential Code, including Appendix F Radon Control Methods, 2009 Edition, published by
the International Code Council and providing for certain amendments thereof; to provide for
the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa. The
following individuals appeared: Glenn Siders, PO Box 1907; Dan Smith, 905 Wylde Green
Rd., representing Iowa City Home Builders Association.
Moved by Hayek, seconded by Wilburn, that the ordinance amending Title 17, Chapter
1, Building Code, by adopting the International Building Code, 2009 Edition, and the
International Residential Code, including Appendix F Radon Control Methods, 2009 Edition,
published by the International Code Council and providing for certain amendments thereof; to
provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa,
be given first vote. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor
declared the motion carried.
A public hearing was held on an ordinance amending Title 17, Chapter 2, by adopting
the Uniform Plumbing Code, 2009 Edition, and providing for certain amendments thereof; to
provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa.
No one appeared.
Moved by O'Donnell, seconded by Wright, that the ordinance amending Title 17,
Chapter 2, by adopting the Uniform Plumbing Code, 2009 Edition, and providing for certain
amendments thereof; to provide for the protection of the health, welfare and safety of the
Citizens of Iowa City, Iowa, be given first vote. Affirmative roll call vote unanimous, 6/0,
Correia absent. The Mayor declared the motion carried.
A public hearing was held on an ordinance amending Title 17, Chapter 4, Mechanical
Code, by adopting the International Mechanical Code, 2009 Edition, published by the
International Code Council, and providing for certain amendments thereof; to provide for the
Complete Description
November 17, 2009
Page 5
protection of the health, welfare and safety of the Citizens of Iowa City, Iowa. No one
appeared.
Moved by Champion, seconded by O'Donnell, that the ordinance amending Title 17,
Chapter 4, Mechanical Code, by adopting the International Mechanical Code, 2009 Edition,
published by the International Code Council, and providing for certain amendments thereof;
to provide for the protection of the health, welfare and safety of the Citizens of Iowa City,
Iowa, be given first vote. Affirmative roll call vote unanimous, 6/0, Correia absent. The
Mayor declared the motion carried.
A public hearing was held on an ordinance amending Title 17, Chapter 13, Fuel Gas
Code, by adopting the International Fuel Gas Code, 2009 Edition, published by the
International Code Council, and providing for certain amendments thereof; to provide for the
protection of the health, welfare and safety of the Citizens of Iowa City, Iowa. No one
appeared.
Moved by Hayek, seconded by Wilburn, that the ordinance amending Title 17, Chapter
13, Fuel Gas Code, by adopting the International Fuel Gas Code, 2009 Edition, published by
the International Code Council, and providing for certain amendments thereof; to provide for
the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa, be given
first vote. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the
motion carried.
A public hearing was held on an ordinance amending Title 7, Chapter 1, Fire
Prevention and Protection, by adopting the 2009 Edition of the International Fire Code to
regulate and govern the safeguarding of life and property from fire and explosion hazards
arising from the storage, handling and use of hazardous substances, materials and devices,
and from conditions hazardous to life or property in the occupancy of buildings and premises
in the City of Iowa City and providing for the issuance of permits. No one appeared.
Moved by O'Donnell, seconded by Hayek, that the ordinance amending Title 7,
Chapter 1, Fire Prevention and Protection, by adopting the 2009 Edition of the International
Fire Code to regulate and govern the safeguarding of life and property from fire and explosion
hazards arising from the storage, handling and use of hazardous substances, materials and
devices, and from conditions hazardous to life or property in the occupancy of buildings and
premises in the City of Iowa City and providing for the issuance of permits, be given first vote.
Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the motion
carried.
A public hearing was held on a resolution approving plans, specifications, and
estimate of cost for the construction of the North Dodge Street Pedestrian Bridge over I-80
[ESIM-080-6(285)243--OS-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 Wright, seconded by Champion, to adopt RES. 09-360, APPROVING
PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF
THE NORTH DODGE STREET PEDESTRIAN BRIDGE OVER I-80 [ESIM-080-6(285)243--
OS-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, 6/0, Correia
absent. The Mayor declared the resolution adopted.
Complete Description
November 17, 2009
Page 6
Moved by Wilburn, seconded by Wright, that the that the rule requiring ordinances to
be considered and voted on for final passage at two Council meetings prior to the meeting at
which it is to be finally passed be suspended, the second consideration and vote be waived,
and that ORD. 09-4362, AMENDING TITLE 3, FINANCES TAXATION AND FEES,
CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND
PENALTIES, SECTION 8, PARKING VIOLATIONS TO ADD A $50 PENALTY FOR SNOW
EMERGENCY PARKING VIOLATIONS, be voted on for final passage at this time.
Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the motion
carried. Moved by Wilburn, seconded by Wright, that the ordinance be finally adopted at this
time. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the
ordinance adopted.
Moved by Wilburn, seconded by Hayek, that the ordinance amending Title 12, entitled
"Franchises", of the City Code to add a chapter imposing a franchise fee on the gross
revenue of franchisee MidAmerican Energy Company derived from the distribution and retail
sale of electricity and the distribution, delivery and retail sale of natural gas by MidAmerican,
or other natural gas providers utilizing the distribution system of MidAmerican, to customers
within the current or future corporate limits of the City of Iowa City, and on a revenue purpose
statement specifying the purpose or purposes for which the revenue collected from the
franchise fee will be expended, be given second vote. The following individuals appeared:
Joe Raso, 325 E. Washington Street, President Iowa City Area Development Group (ICAD);
Derek Easton, 18 Crabapple Ct., Proctor & Gamble Plant Manager; Anita Falkofske Eaton,
Plant Manager for Proctor and Gamble's Iowa City Oral-B Laboratories manufacturing plant;
David Bywater, 211 Post Rd., representing Economy Advertising; Dan Schweer; and Jeff
Shipley, UISG Student Liaison. Individual Council Members expressed their views. The
Mayor declared the motion carried, 5/1, with the following division of roll call vote: Ayes:
Hayek, O'Donnell, Wilburn, Wright, Bailey. Nays: Champion: Absent: Correia. Moved by
O'Donnell, seconded by Wright, to accept correspondence from Nila Haug, Sam Hays, Chris
Hoenig. The Mayor declared the motion carried unanimously, 6/0, Correia absent.
Moved by Wright, seconded by Wilburn, that the ordinance amending ordinance Code
Section 16-1 D-2, entitled "Permit Requirements" to require and allow Council to set by
resolution an excavation permit fee schedule, be given second vote. Affirmative roll call vote
unanimous, 6/0, Correia absent. The Mayor declared the motion carried.
Moved by Hayek, seconded by Wilburn, to adopt RES. 09-361, ADOPTING THE
PROCUREMENT POLICY FOR THE IOWA CITY HOUSING AUTHORITY AND
RESCINDING RESOLUTION NO. 91-155. Affirmative roll call vote unanimous, 6/0, Correia
absent. The Mayor declared the resolution adopted.
Moved by Wright, seconded by Hayek, to adopt RES. 09-362, APPROVING,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD
R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE
WATER SOURCE WELL FLOOD MITIGATION PROJECT. Affirmative roll call vote
unanimous, 6/0, Correia absent. The Mayor declared the resolution adopted.
The Mayor noted the previously announced vacancies: Airport Zoning Brd of
Adjustment to fill an unexpired term, effective upon appointment, plus afive-year term ending
December 31, 2011; Airport Zoning Brd of Adjustment to fill afive-year term January 1, 2009
Complete Description
November 17, 2009
Page 7
- December 31, 2013; Airport Zoning Commission to fill asix-year term January 1, 2006 -
December 31, 2011; Airport Zoning Commission to fill asix-year term January 1, 2010 -
December 31, 2015; Appeals, Board of to fill afive-year term January 1, 2009 -December
31, 2013, for a Mechanical Professional; Appeals, Board of to fill an unexpired term, effective
upon appointment, ending December 31, 2010, for a Licensed Electrician; Appeals, Board of
to fill afive-year term January 1, 2010 -December 31, 2014, for a Building Design
Professional; Public Art Advisory Committee to fill athree-year term January 1, 2010 -
January 1, 2013, for an Art/Design Professional; Youth Advisory Commission -Two
vacancies to fill unexpired terms, effective upon appointment, plus two-year terms January 1,
2010 -December 31, 2011 for two persons At-Large; Youth Advisory Commission to fill a
two-year term One (1) person -Tate High, January 1, 2009 -December 31, 2010; Youth
Advisory Commission -One vacancy to fill atwo-year term for One (1) person -Regina
High, January 1, 2010 -December 31, 2011. Applications must be received by 5:00 p.m.,
Wednesday, November 18, 2009. Applicants MUST reside in Iowa City and be 18 years of
age unless specific qualifications are stated. [Staff will not publish additional notices after a
period of six publications; but will continue to advertise vacancies with postings and on the
Council agenda. However, no additional publication costs will be incurred.]
Moved by Hayek, seconded by Wright, to appoint Le Ann Tyson, 1408 Brookwood
Drive, to the Board of Adjustment to fill an unexpired term, effective upon appointment,
ending January 1, 2011. The Mayor declared the motion carried unanimously, 6/0, Correia
absent.
Mayor Bailey wished everyone a Happy Thanksgiving; and noted the Police Citizens
Review (PCRB) community forum on November 18.
Council Member Wilburn wished the City High football team good luck in the state
tournament.
Acting Asst. City Manager Fosse reported that holiday lights are up on Iowa Avenue.
Interim City Manager Helling stated holiday lights would be in the trees on Washington Street
as well.
Moved by Wilburn, seconded by Hayek, to adjourn meeting 9:35 p.m. The Mayor
declared the motion carried unanimously, 6/0, Correia absent.
Regenia D. Bailey, Mayor
Marian K. Karr, City Clerk