HomeMy WebLinkAbout2010-02-16 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
FEBRUARY 16, 2010
Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding.
Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Staff
members present: Helling, Dilkes, Karr, Fosse, Davidson, Knoche.
The Mayor presented Outstanding Student Citizenship Awards to Regina Elementary
School students: Tom Pugh, Lauren Ronnfeldt, and Michael Sueppel.
The Mayor proclaimed Peace Corps Week March 1-7, 2010. UI Campus Peace Corps
Representative Fran Boyken accepted.
The Mayor delivered the State of the City Address.
Moved by Champion, seconded by Wright, that the following items and
recommendations in the Consent Calendar be received, or approved, and/or adopted as
presented:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: January 25, Special Council Work Session; January 25, Special Council
Formal Official and Complete; February 1, Special Council Formal Official and
Complete; February 1, Regular Council Work Session; February 2, Special Council
Formal Official and Complete.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action).
Telecommunications Commission -November 23, 2009; Senior Center Commission -
December 17, 2009; Housing and Community Development Commission -December
3, 2009; Planning and Zoning Commission -January 21, 2010.
Permit Motions and Resolutions as Recommended by the City Clerk. New:
Class C Liquor License for Oscar German, dba Sidelines Bar and Grill, 320 E.
Burlington St.; Class C Liquor License for Etre Plaza Towers Restaurant, dba
Formosa, 221 E. College St.
Renewal: Class C Liquor License for One Poor Student ,Inc., dba One- Eyed
Jakes, 18-20 S. Clinton St.; Class C Beer Permit for Kelly Stucker, dba Convenience
Store, 106 S. Linn St.; Special Class C Liquor License for W & M, LLC dba Thai
Flavors, 340 E. Burlington St.; Class C Liquor License for Motif, Ltd., dba Bo-James,
118 E. Washington St.; Class C Liquor License for Brothers of Iowa City, Inc., dba It's
Brothers Bar & Grill, 125 S. Dubuque St.; Class C Liquor License for EI Ranchero,
Inc., dba EI Ranchero Mexican Restaurant, 21 Sturgis Corner Dr.; Class E Liquor
License for Hy-Vee, Inc., dba Hy-Vee #3, 1201 N. Dodge St.; RES. 10-36, TO ISSUE
DANCE PERMITS to Oscar German, dba Sidelines Bar and Grill, 320 E. Burlington St.
and Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S. Dubuque St.
Public Hearings: RES. 10-37, FIXING DATE FOR A MEETING ON THE
AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO
EXCEED $17,750,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES,
SERIES 201.0, OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF; RES. 10-38, SETTING A PUBLIC
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February 16, 2010
Page 2
HEARING ON MARCH 2, 2010 ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE EAST
SIDE RECYCLING CENTER PROJECT, DIRECTING CITY CLERK TO PUBLISH
NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE
SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 10-39, AUTHORIZING
MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE PUBLIC
IMPROVEMENT PROJECT TO CONSTRUCT THE 2010 SIDEWALK INFILL
PROJECT AND TO ACQUIRE PROPERTY FOR THE PROJECT; AND SETTING
DATE OF PUBLIC HEARING FOR MARCH 23, 2010.
Resolutions: RES. 10-40, ACCEPTING THE WORK FOR THE PUBLIC
WORKS SALT STORAGE FACILITY PROJECT; RES. 10-41, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE
AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN
THE CITY OF IOWA CITY, LANDOWNER WILLIAM AND HELEN BYINGTON, AND
TENANT LITTLE DONKEYS, INC. D/B/A PANCHERO'S MEXICAN GRILL, FOR A
SIDEWALK CAFE.
Correspondence: AI Wells regarding Local News; Highway 1 Sidewalk Project
letters from Katherine Parker Bryden, Paula Swygard; James and Shirley Knapp(X2)
regarding Ralston Creek; John and Lauren Naeve regarding Greater Iowa City Housing
Fellowship to provide low income housing rentals in Olde Towne Village- petition
enclosed; Keene and Joan Swett regarding Public water fluoridation; Roger Bradley
regarding Taxicab ordinance; Libris Fidelis regarding Sanctuary City; Russell Haught
regarding Raises and property taxes; Nancy Hitchon regarding Landfill [staff response
included]; Vincent Jiles regarding Request for an Appeal on Iowa City Curfew Ordinance
[staff response included]; Karen Kubby regarding Hurray for Transit Drivers; Voldemars
Pelds regarding Moss Green Urban Village [staff memorandum included].
The Mayor repeated the public hearings as set. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the motion carried.
Jerry Graber, 1673 Hwy 2, Donnellson, appeared requesting Council review their
present ordinance prohibiting redeeming gaming tickets for alcohol. Mayor Hayek reported
that the Council had decided to talk about the issue at an upcoming work session.
Moved by Bailey, seconded by Mims, to set a public hearing for March 2 on an
ordinance conditionally rezoning 5.05-acres of land located at Mormon Trek Boulevard south
of Eagle View Drive from Commercial Office (CO-1) to Intensive Commercial (CI-1) (REZ09-
00011 /Billion). The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
A public hearing was held on a resolution amending the Comprehensive Plan to adjust
the long-range planning growth area boundary to include approximately 132 acres of land
proposed for annexation near the intersection of Highway 1 and Interstate 80 (Moss Green
Development Corporation). PCD Dir. Davidson present for discussion.
Moved by Champion, seconded by Bailey, to adopt RES. 10-42, AMENDING THE
COMPREHENSIVE PLAN TO ADJUST THE LONG-RANGE PLANNING GROWTH AREA
BOUNDARY TO INCLUDE APPROXIMATELY 132 ACRES OF LAND PROPOSED FOR
ANNEXATION NEAR THE INTERSECTION OF HIGHWAY 1 AND INTERSTATE 80 (Moss
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February 16, 2010
Page 3
Green Development Corporation). 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 for a voluntary annexation of approximately
132 acres of land near the intersection of Highway 1 and Interstate 80 (ANN09-00001 /Moss
Green Development Corporation). PCD Dir. Davidson present for discussion.
Moved by Bailey, seconded by Mims, to adopt RES. 10-43, FOR A VOLUNTARY
ANNEXATION OF APPROXIMATELY 132 ACRES OF LAND NEAR THE INTERSECTION
OF HIGHWAY 1 AND INTERSTATE 80 (ANN09-00001 /Moss Green Development
Corporation). Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the resolution adopted.
A public hearing was held on an ordinance rezoning approximately 132 acres of land
from County Agricultural (C-AG) Zone to Interim Development -Research Park (ID-ORP)
Zone for property located near the intersection of Highway 1 and Interstate 80 (REZ09-00006
/ Moss Green Development Corporation).
Moved by Bailey, seconded by Mims, that the ordinance rezoning approximately 132
acres of land from County Agricultural (C-AG) Zone to Interim Development -Research Park
(ID-ORP) Zone for property located near the intersection of Highway 1 and Interstate 80
(REZ09-00006), be given first vote. The Mayor asked Council Members to disclose any ex
parte communications, and none were reported. Wally Pelds, Pelds Engineering Company &
Eco-4 ,appeared. Individual Council Members expressed their views. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the motion carried.
A public hearing was held to discuss the proposed operating budget for the fiscal year
July 1, 2010, through June 30, 2011, the Proposed Three-Year Financial Plan for FY2011 -
2013, and also the Multi-Year Capital Improvements Program through fiscal year 2014. No
one appeared. The Mayor noted the resolution adopting the budget would be considered at
the March 2 meeting.
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. 10-4382, AMENDING TITLE 12, ENTITLED "FRANCHISES", SECTIONS 12-
5-1 ENTITLED "ELECTRIC FRANCHISE FEE" AND 12-5-2 ENTITLED "GAS FRANCHISE
FEE" TO REPEAL THE TWO PERCENT (2%) FRANCHISE FEE AND ENACT A ONE
PERCENT (1%) FRANCHISE FEE ON THE GROSS REVENUE OF THE 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, be voted on
for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the motion carried. Moved by Wilburn, seconded by
Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted.
Moved by Wilburn, seconded by Bailey, 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,
Complete Description
February 16, 2010
Page 4
and that the ordinance amending Title 5, entitled "Business and License Regulations," Chapter
2, entitled "Taxicabs," to prohibit electronic signs on taxicabs and to clarify vehicle inspection
requirements, be voted on for final passage at this time. The following individuals appeared
from Five Stars Taxi: Teresa Bennett, Yasser Gaber, and Hatem Moustafa. After discussion
the Mayor declared the motion defeated, 4/3 (extra majority required to waive reading), with the
following division of roll call vote: Ayes: Bailey, Champion, Hayek, Wilburn. Nays: Wright,
Dickens, Mims. Moved by Bailey, seconded by Wilburn, that the ordinance amending Title 5,
entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," to prohibit
electronic signs on taxicabs and to clarify vehicle inspection requirements, be given second
vote. The Mayor declared the motion carried, 4/3, with the following division of roll call vote:
Ayes: Hayek, Wilburn, Bailey, Champion. Nays: Wright, Mims, Dickens.
Moved by Wilburn, seconded by Bailey, to adopt RES. 10-45, ADOPTING THE IOWA
CITY 2010 HAZARD MITIGATION PLAN. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the resolution adopted.
Moved by Wright, seconded by Dickens, to adopt RES. 10-45, ADOPTING AN
ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW
REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING
THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR
COLLECTION IN THE SAME MANNER AS PROPERTY TAXES, as amended. The
following individuals appeared: Keith Yenter, 734 Oakland Ave., and Sara Sullivan, 1555
Tracy Lane. Moved by Wilburn, seconded by Wright, to accept Court Order granting
application for additional relief for property located at 734 Oakland Ave. and 829 Kirkwood
Ave. from the City Attorney; and a copy of a photograph from Sara Sullivan. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present. After discussion,
moved by Wright, seconded by Bailey, to remove 734 Oakland Ave. and 1555 Tracy Lane
from the assessment schedule and defer consideration to March 2 to allow staff to provide
additional information. The Mayor declared the motion to amend carried unanimously, 7/0, all
Council Members present. Affirmative roll call vote unanimous on the resolution as amended,
7/0, all Council Members present. The Mayor declared the resolution adopted. Helen
Rochart appeared regarding the procedure for providing additional information on March 2.
The City Clerk explained that any correspondence received prior to the Thursday packet
printing will be distributed with the packet; correspondence received later will be handed out
at the meeting.
Moved by Wright, seconded by Bailey, to approve a tentative agreement between the
City of Iowa City and the Iowa City Association of Professional Firefighters. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Bailey, seconded by Dickens, to approve a tentative agreement between the
City of Iowa City and the Police Labor Relations Organization of Iowa City. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Mims, seconded by Bailey, to approve a motion to approve a tentative
agreement between the City of Iowa City and the American Federation of State, County and
Municipal Employees Local #183. The Mayor declared the motion carried unanimously, 7/0,
all Council Members present.
Complete Description
February 16, 2010
Page 5
Moved by Champion, seconded by Wright, to adopt RES. 10-46, REPEALING
RESOLUTION NO. 01-169. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the resolution adopted.
Moved by Bailey, seconded by Wright, to adopt RES. 10-47, ESTABLISHING A RULE
FOR ELECTRONIC PARTICIPATION IN CITY COUNCIL MEETINGS. The Mayor declared
the resolution adopted, 6/1, with the following division of roll call vote. Ayes: Dickens, Hayek,
Mims, Wilburn, Wright, Bailey. Nays: Champion. The Mayor declared the resolution
adopted.
Moved by Bailey, seconded by Dickens, to appoint Susan Mims to the JCCOG -
ECICOG Assessment Structure Committee. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
The Mayor noted the previously announced vacancies on Boards and Commissions:
Airport Commission to fill afour-year term March 1, 2010 -March 1, 2014; Civil Service
Commission -One vacancy to fill afour-year term April 5, 2010 -April 7, 2014; Historic
Preservation Commission for three vacancies, (1) At-Large, (1) Summit St representative,
and (1) Brown St representative, to fill three-year terms March 29, 2010 -March 29, 2013;
Telecommunications Commission to fill three-year terms March 13, 2010 -March 13, 2013.
Applications must be received by 5:00 p.m., Wednesday, February 17, 2010; Airport Zoning
Brd of Adjustment to fill an unexpired term, effective upon appointment, plus afive-year term
January 1, 2007 -December 31, 2011; Airport Zoning Brd of Adjustment to fill afive-year
term January 1, 2009 -December 31, 2013; Airport Zoning Commission -One vacancy to fill
a six-year term January 1, 2006 -December 31, 2011; Airport Zoning Commission to fill a
six-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; Police Citizens
Review Board to fill an unexpired term, effective upon appointment, ending September 1,
2012; Youth Advisory Commission to fill a two-year term. January 1, 2009 -December 31,
2010, Tate High; Youth Advisory Commission to fill atwo-year term January 1, 2010 -
December 31, 2011, Regina High. Applications must be received by 5:00 p.m., Wednesday,
February 24, 2010; JCCOG Cool Cities Taskforce, At-Large, to fill aone-year term, effective
upon appointment, ending March, 2011. Applications must be received by 5:00 p.m.,
Wednesday, March 17, 2010. Youth Advisory Commission, unexpired term, effective upon
appointment, ending December 31, 2011, At-Large. Applications must be received by 5:00
p.m., Wednesday, March 31, 2010. Moved by Champion, seconded by Wilburn, to accept
correspondence from Arianna Aron included in Council packet. 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 Mims stated she will be representing the Mayor and Council at the
Great Places signing event in Des Moines on the 17tH
Council Member Wright reminded everyone of the Shelter House Book Sale at the
United Methodist Church on February 27tH
Council Member Bailey updated Council on UNESCO (City of Literature) by
announcing the hiring of an Executive Director for the City of Literature, Janet Pilak, who will
Complete Description
February 16, 2010
Page 6
be on board April 1; a book festival planned for the week-end of July 16th; and Day of the
Book event planned for April 23`d
Mayor Pro tem Wilburn thanked the Trinity Episcopal Church for their recommitment to
staying downtown and the redesign of the new building to include a LEED certification.
Council Member Dickens reported on the University of Iowa Obermann Center
Graduate Institute public poster session held February 12; encouraged everyone to vote for
the Iowa Children's Museum in the Refresh Pepsi project; and thanked Mayor Hayek on his
State of the City address.
Mayor Hayek reported on his meeting with the University Provost and others relating
to a partnership for alcohol safety with the University and will keep the Council apprised; and
reminded everyone of the Chamber banquet on February 18.
Moved by Wilburn, seconded by Mims, to adjourn meeting back to work session 8:35
p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present.
~~~
Matthew J. Haye ayor
Ma ~ n K. Karr, City Jerk
r 5a 1
`~,®,~,~ CITY OF IOWA CITY
M~~o
Date: January 25, 2010
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, January 25, 2010, 6:20 PM in Emma J. Harvat Hall
Council: Bailey, Champion, Hayek, Mims, Wilburn, Wright. Absent: Dickens
UISG Rep.: Shipley
Staff: Helling, Dilkes, Karr, Fosse, Davidson, J. Grier, O'Malley, Jensen, Knoche
(A complete transcription is available in the City Clerk's Office and the City website)
AGENDA ITEMS
1. (Item # 9 -ordinance amending Title 13, Entitled "Airports and Aviation," Chapter 1, Entitled
"Airport Commission" to provide that Commission Members shall be residents of Iowa City)
Airport Commission Chair Rettig present for discussion.
2. (Item # 8 -renewal of Class C Liquor License ... One Eyed Jake's ....) Fire Marshall Grier
present for discussion. City Atty. Dilkes requested that Consent Calendar item c5,
consideration of a dancing permit for One-Eyed Jake's be deleted from the Consent
Calendar and moved to item # 8 to allow Council discussion of all licenses for the
establishment under one item. Majority agreed to amend the Consent Calendar to delete
that item and add to item # 8.
JCCOG DISTRIBUTION OF FEDERAL STIMULUS FUNDING
Acting City Manager and PW Dir. Fosse noted the handout:
- Copy of memo from Kris Ackerson, Asst. Transportation Planner dated January 25 to the
JCCOG Urbanized Area Policy Board regarding Agenda item # 4(d): consider approval
of projects to submit to IDOT for Stimulus II funding, and to amend the JCCOG
Transportation Improvement Program consistent with these projects
After review of the TTAC recommendations of January 21 and the impact on the
recommendation to the City projects, Acting City Manager and PW Dir. Fosse outlined options
to accept the recommendations to negotiate something different with the body. City Engr.
Knoche present for discussion. Mayor Hayek stated that the Council will be looking into the
current policy binding Council in JCCOG vote after formal Council action in February.
INFORMATION PACKET DISCUSSION [Jan 14 and 21]
None
Council Work Session
January 25, 2010
Page 2
COUNCIL TIME
None
COUNCIL ELECTRONIC MEETING PARTICIPATION
After discussion a majority of Council expressed interest to pursue electronic participation.
Staff action: Resolution will be prepared and equipment ordered. (Helling, Karr)
BUDGET PRIORITIES
Mayor Hayek noted the memo from the Finance Director (IP3 of 1/21 Info Packet) regarding FY
2011-2013 Financial Plan /debt service levy, asked if there were questions. No discussion.
SUMMARY OF PENDING WORK SESSION ISSUES [info packet #2 of 1/21 Info Packet]
Interim City Manager noted one addition, Water Fluoridation, tentatively added for March 22.
UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS
1. Council Member Wright will be representing the Council at the employee appreciation
luncheon on January 28.
2. Mayor Pro tem will be attending the Sertoma Club luncheon on February 11`h in the
absence of the Mayor.
DISCUSSION OF MEETING SCHEDULE
1. Council Member Bailey stated she would be unable to attend the JCCOG meeting on
January 28. Mayor Hayek is unable to act as a substitute and Interim City Manager
Helling will be attending for Bailey.
2. Council Member Wright stated his plans have changed and he will be able to attend the
February 1 and 2 meetings and will not need to participate electronically.
3. Council Member Mims will be attending ECICOG meeting on January 28.
4. Council Member Wright will be attending affordable housing group meeting on January
28.
5. Mayor Hayek reported on his attendance at the Iowa Cultural Corridor Alliance (ICCA)
Annual Meeting and Iowa Cultural Corridor Alliance Excellence in Innovation Awards
(The Ickys) in Cedar Rapids the previous evening.
Meeting adjourned 6:50 PM.
~3=16-1a
5a 2
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office 356-5040.
The cost of publishing the following proceedings and claims is $
Cumulative cost of this calendar year for said publication is $_
OFFICIAL COUNCIL ACTIONS -1/25/10
Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding.
Council Members present: Bailey, Champion, Hayek, Mims, Wilburn, Wright. Absent:
Dickens.
The Mayor presented Outstanding Student Citizenship Awards to Lucas Elementary
School students: Olivia Parrott and Benjamin Morony.
The Mayor proclaimed Arts and Culture Day -January 24, 2010, Shaner Magalhaes,
member of the Board of Directors of the Iowa Cultural Corridor Alliance, accepted.
A presentation of two panels representing a brief history of Iowa City was made be
Shaner Magalhaes, President of the Johnson County Historical Society to the City. The
panels were prepared for a Community Stories Project at the museum, and will be displayed
at the Iowa City Public Library.
Moved and seconded that the following items and recommendations in the Consent
Calendar be received, or approved, and/or adopted as amended and to delete from the
Consent Calendar and consider as part of Item 8, Dance Permit for One-Eyed Jake's:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: January 8, Special Council Work Session; January 8, Special Council
Formal Official and Complete; January 11, Special Council Work Session; January 12,
Special Council Formal Official and Complete; January 14, Special Council Work
Session; January 19, Special Council Formal Official and Complete.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Planning
and Zoning Commission -November 19, 2009; Public Art Advisory Committee -
September 9, 2009; Historic Preservation Commission -December 10, 2009; Board of
Adjustment -December 16, 2009; Senior Center Commission -November 19, 2009;
Police Citizens Review Board -November 3, 2009; Police Citizens Review Board
Community Forum -November 18, 2009; Police Citizens Review Board -December
11, 2009; Human Rights Commission -November 17, 2009.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Class C Liquor License for Slippery Petes, 118 S. Dubuque St.; Special Class C
Liquor License for Leaf Kitchen, 301 '/2 Kirkwood Ave.; Renewal: Class C Liquor
License for Pints, 118 S. Clinton St.; RES. 10-19, TO ISSUE DANCE PERMIT to
Slippery Petes, 118 S. Dubuque St.
Motion: approve disbursements in the amount of $14,325,124.96 for the period
of December 1 through December 31, 2009, as recommended by the Finance Director
subject to audit.
Public Hearings: RES. 10-20, SETTING A PUBLIC HEARING ON FEBRUARY
2, 2010, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
OF COST FOR THE CONSTRUCTION OF THE IOWA CITY FIRE STATION NO. 4
Official Actions
January 25, 2010
Page 2
PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING,
AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR
PUBLIC INSPECTION; RES. 10-21, SETTING A PUBLIC HEARING FOR
FEBRUARY 2, 2010, ON AN ORDINANCE AMENDING TITLE 12, ENTITLED
"FRANCHISES", SECTIONS 12-5-1 ENTITLED "ELECTRIC FRANCHISE FEE" AND
12-5-2 ENTITLED "GAS FRANCHISE FEE" TO REPEAL THE TWO PERCENT (2%)
FRANCHISE FEE AND ENACT A ONE PERCENT (1%) FRANCHISE FEE ON THE
GROSS REVENUE OF THE 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, AND DIRECTING THE CITY CLERK TO CAUSE NOTICE
OF SAID PUBLIC HEARING AND SAID REVENUE PURPOSE STATEMENT TO BE
PUBLISHED AS PROVIDED BY LAW; RES. 10-22, SETTING A PUBLIC HEARING
ON FEBRUARY 2, 2010, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY
KICKERS SOCCER PARK RENOVATION PROJECT, DIRECTING CITY CLERK TO
PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO
PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
Resolutions: RES. 10-23, ACCEPTING CIVIL PENALTY AND WAIVER OF
RIGHT TO HEARING FROM CASEY'S GENERAL STORE; RES. 10-24,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
GRANT AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION
(IDOT) FOR DEVELOPMENT OF THE IOWA RIVER CORRIDOR TRAIL
CONNECTION TO THE TERRY TRUEBLOOD RECREATION AREA.
Correspondence: Chickens letters received from Alicia Ambler, Cindi
Bohnenkamp, Casey Kohrt [staff response included] ;Marc Moen regarding Summer of
the Arts funding; Charlotte Walker regarding Letters from Jay Honohan and Nancy
Wombacher; Clay Claussen regarding Support for Mike Moran as Parks and Recreation
Director; Rev. John McKinstry regarding Use of the former St. Patrick's Parish Hall for
the Shelter House; Garry Klein regarding Ambulance Service; Russell Haught regarding
Affordable Housing; Tom Dean regarding Thank you; Paula Swygard regarding Thank
You -Walkway in Miller-Orchard Neighborhood; Judy Pfohl regarding Saving money;
Mary Heinz regarding Membership Fees for Senior Center.
The Mayor declared the motion carried.
Moved and seconded that ORD. 10-4377, AMENDING THE PLANNED
DEVELOPMENT OVERLAY MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (OPD-8)
ZONE FOR LOT 1, OLDE TOWNE VILLAGE, LOCATED ON WESTBURY DRIVE, SOUTH
OF MIDDLEBURY ROAD, IN IOWA CITY, IOWA (REZ09-00010), be passed and adopted.
Moved and seconded that the rule requiring ordinances to be considered and voted on
for final passage at two Council meetings prior to the meeting at which it is to be finally
Official Actions
January 25, 2010
Page 3
passed be suspended, the second consideration and vote be waived, and that ORD. 10-
4378, 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 WALMART AT 855,
911 & 1001 HIGHWAY 1 WEST (REZ09-00008), 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 to adopt RES. 10-25, APPROVING THE PRELIMINARY PLAT
OF WALMART SUBDIVISION, IOWA CITY, IOWA.
A hearing was held on renewal of Class C Liquor License for One Poor Student, Inc.
dba One-Eyed Jake's, 1820 S. Clinton Street. The following individuals appeared: Owner
Mike Porter and General Manager Tom Lenoch. Moved and seconded to defer to February
16, the motion to deny in accordance with staff recommendation renewal of Class C Liquor
License for One Poor Student, Inc. dba One-Eyed Jake's, 18-20 S. Clinton Street. The
Mayor declared the motion carried. Moved and seconded to approve RES. 10-26, ISSUE
DANCE PERMIT for One Poor Student, Inc., dba One-Eyed Jake's, 18-20 S. Clinton St.
Moved and seconded that the ordinance amending Title 13, entitled "Airports and
Aviation," Chapter 1, entitled, "Airport Commission," to provide that commission members
shall be residents of Iowa City, be given first vote. The Mayor declared the motion carried.
Moved and seconded that ORD. 10-4379, AMENDING TITLE 9, ENTITLED "MOTOR
VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6,
ENTITLED "SPEED RESTRICTIONS," SUB-SECTION B, ENTITLED "EXCEPTIONS, be
passed and adopted.
Moved and seconded that ORD. 10-4380, AMENDING TITLE 7, "FIRE CODE", BY
CREATING CHAPTER 5, "HAZARDOUS MATERIALS AND TRANSPORTATION-RELATED
INCIDENTS", TO ALLOW FOR RECOVERY OF COSTS ASSOCIATED WITH RESPONSE
TO HAZARDOUS MATERIALS AND TRANSPORTATION-RELATED INCIDENTS, AND
ALLOW SUCH FEES FOR RECOVERY TO BE SET BY RESOLUTION, be passed and
adopted.
Moved and seconded to adopt RES. 10-27, AMENDING THE BUDGETED
POSITIONS IN THE INFORMATION TECHNOLOGY SERVICES DIVISION OF THE
FINANCE DEPARTMENT BY DELETING ONE SENIOR PROGRAMMER/ANALYST AND
ADDING ONE FULL-TIME SYSTEMS PROJECT MANAGER POSITION.
Moved and seconded to adopt RES. 10-28, APPROVING THE USE OF COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE LOCAL MATCH TO THE
HAZARD MITIGATION GRANT PROGRAM (HMGP) WATER WELL PROTECTION
PROJECT AND AUTHORIZING THE CITY MANAGER TO SIGN THE GRANT
AGREEMENT.
The Mayor noted the previously announced vacancies to Boards and Commissions:
Airport Commission to fill afour-year term March 1, 2010 -March 1, 2014; Civil Service
Commission to fill a four-year term April 5, 2010 -April 7, 2014; Historic Preservation
Commission for three vacancies, (1) At-large, (1) Summit St representative, and (1) Brown St
representative, to fill three-year terms March 29, 2010 -March 29, 2013;
Telecommunications Commission to fill three-year terms March 13, 2010 -March 13, 2013.
Applications must be received by 5:00 p.m., Wednesday, February 17, 2010.
Official Actions
January 25, 2010
Page 4
The Mayor noted the current vacancy: Police Citizens Review Board to fill an
unexpired, effective upon appointment, ending September 1, 2012. Applications must be
received by 5:00 p.m., Wednesday, February 24, 2010. Correspondence from Abbie Yoder
in packet. 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 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 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; Youth Advisory Commission to fill atwo-year term for Tate High,
January 1, 2009 -December 31, 2010; Youth Advisory Commission to fill a two-year term
for Regina High, January 1, 2010 -December 31, 2011.
Moved and seconded to adjourn meeting 7:38 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 Department.
s/Matthew J. Hayek, Mayor
s/Marian K. Karr, City Cle k
~<~'f~r~r~ ~ ~!~~
Submitted for publication - 2/3/10.
n~„
Sa 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 publishing the following proceedings and claims is $
Cumulative cost of this calendar year for said publication is $_
OFFICIAL COUNCIL ACTIONS - 2/1/10
Iowa City City Council special meeting, 6:55 p.m. at City Hall. Council Members
present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None.
Moved and seconded to adjourn to executive session to discuss strategy with
counsel in matters that are presently in litigation or where litigation is imminent where its
disclosure would be likely to prejudice or disadvantage the position of the governmental
body in that litigation. The Mayor declared the motion carried and adjourned into
executive session.
Moved and seconded to set a public hearing for February 16 on a resolution
amending the Comprehensive Plan to adjust the long-range planning growth area
boundary to include approximately 132 acres of land proposed for annexation near the
intersection of Highway 1 and Interstate 80. The Mayor declared the motion carried.
Moved and seconded to set a public hearing for February 16 on a resolution for a
voluntary annexation of approximately 132 acres of land near the intersection of
Highway 1 and Interstate 80 (ANN09-00001). The Mayor declared the motion carried.
Moved and seconded to set a public hearing for February 16 on an ordinance
rezoning from County Agricultural (C-AG Zone to Interim Development -Research Park
(ID-ORP) Zone for approximately 132 acres of property located near the intersection of
Highway 1 and Interstate 80 (REZ09-00006). The Mayor declared the motion carried.
Moved and seconded to adjourn special meeting 7:16 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/Matthew J. Hayek, Mayor
s/Ma ian K. Karr, City Cle
v/~
Submi ed for publication - 2/2/10. ~`~-
r 5a 4
~wl_„=,®~,~ CITY OF IOWA CITY
~E~C~
Date: February 1, 2010
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, February 1, 2010, 7:16 PM in Emma J. Harvat Hall
Council: Bailey, Champion, Dickens (left 7:55), Hayek, Mims, Wilburn, Wright
Staff: Helling, Fosse, Dilkes, Karr, Rocca, Morris, Davidson
(A complete transcription is available in the City Clerk's Office and the City website)
AGENDA ITEMS
1. (Agenda item # 10 -Ordinance amending Title 5, Entitled "Business and License
Regulations," ... to prohibit electronic signs on taxicabs and the clarify vehicle inspection
requirements.) City Atty. Dilkes and City Clerk Karr responded to questions.
CITY MANAGER SEARCH [IP#3 of 1/281nfo Packet]
After discussion a majority agreed to proceed as follows:
• Hire recruitment firm for recruitment purposes
• Schedule interview time with City Manager candidate for input from:
Board and Commission Chairs (two groups)
Former Mayors
Department Heads
• Schedule public meet and greet with candidates
• Goal is to have a City Manager hired by Fall of 2010
STAFF ACTION: Update RFQ for Council review for February 16 work session. (Dilkes &
Karr)
INFORMATION PACKET DISCUSSION [Jan 28 Info Packet]
(IP9 -Memo from Interim City Manager re 2009 Year End Summary of the 2008 Flood
Response, Recovery and Mitigation) Council Member Mims expressed her concern
about allowing people to build in flood plains and expressed interest in revisiting the
flood plain ordinance in light of the two recent floods. Interim City Manager Helling also
noted the Iowa League of Cities update of proposed legislation regarding flood plain
properties.
2. (IP5 -Memo from City Clerk regarding Iowa City Area Chamber of Commerce Banquet)
City Clerk Karr clarified the deadline for reservations was February 11 and the banquet
February 18.
Council Work Session
February 1, 2010
Page 2
3. (IP12 -Invitation for Council participation in City Channel 4's At Home in Iowa City
television program) Council Members agreed to the following schedule:
Connie Champion -March
Terry Dickens -April
Mike Wright -May (Bike to Work Week and Historic Preservation)
Susan Mims -June
4. In response to Council Members Mims, City Clerk Karr stated the appointment to the
JCCOG/ECCOG structure committee would be on the February 16 agenda.
COUNCIL TIME
None
BUDGET PRIORITIES
The Mayor noted the public hearing set fro February 16.
SUMMARY OF PENDING WORK SESSION ISSUES [info packet #4]
Acting Asst. City Manager & PW Dir. responded to Council Member Mims regarding
scheduling of the community sustainability plan. Council Members Mims expressed a
desire to have the City prepare a strategic plan as well; majority agreed to schedule
discussion of the community sustainability plan in February and discuss a strategic plan
later.
2. Council Members decided to start the special work session on February 16 at 6:00 PM
and agreed to move the discussion of inclusionary zoning and scattered site housing to
a night with a full work session scheduled.
UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS
1. City Clerk Karr noted an invitation re Cultural Advocacy Day in Des Moines and a
number of Great Places events planned February 17 & February 18, and asked if any
Council Member could attend in the absence of the Mayor. PCD Dir. Davidson provided
additional information. Council Member Mims indicated an interest. Council requested
information be distributed at the formal meeting the next evening.
2. Council Member Mims volunteered to do the KXIC radio show on Wednesday, February
10.
DISCUSSION OF MEETING SCHEDULES
None
Meeting adjourned 8:00 PM.
*Revision 2/12/10
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office 356-5040.
The cost of publishing the following proceedings and claims is $
Cumulative cost of this calendar year for said publication is $_
OFFICIAL COUNCIL ACTIONS - 2/2/10
Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding.
* Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright.
Absent: None.
The Mayor presented Outstanding Student Citizenship Awards to Hoover Elementary
School student: Fanta Traore. Students Rachel Gralnek and Izaak Perez were unable to
attend.
The Mayor proclaimed Sertoma's Freedom Week -February 7, 2010, Sertoma Club
President Ted Halm accepting.
Moved and seconded that the following items and recommendations in the Consent
Calendar be received, or approved, and/or adopted as presented:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: January 19, Special Council Work Session.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Planning
and Zoning Commission -December 17, 2009; Parks and Recreation Commission -
December 16, 2009;
Permit Motions and Resolutions as Recommended by the City Clerk.
Renewal: Special Class C Liquor License for Red Avocado, 521 E. Washington St.;
Outdoor Service Area for Red Avocado, 521 E. Washington St.
Public Hearings: RES. 10-29 SETTING A PUBLIC HEARING ON FEBRUARY
16, 2010, TO DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL
YEAR JULY 1, 2010, THROUGH JUNE 30, 2011, THE PROPOSED THREE-YEAR
FINANCIAL PLAN, AND ALSO THE MULTI-YEAR CAPITAL IMPROVEMENTS
PROGRAM THROUGH FISCAL YEAR 2014.
Resolutions: RES. 10-30 AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO
MORTGAGES FOR THE PROPERTY LOCATED 1416 PLUM STREET, IOWA CITY,
IOWA; RES. 10-31, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE
OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER
LUBIN TRUST, AND TENANT MOTIF, LTD D/B/A BO-JAMES, FOR A SIDEWALK
CAFE; RES. 10-32, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE
OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER
ONE TEN PROPERTIES, LLC, AND TENANT KMARCELLA, INC. D/B/A
DONNELLY'S PUB, FOR A SIDEWALK CAFE.
Correspondence: JCCOG Traffic Engineering Planner regarding Installation of
(2) NO PARKING ANY TIME signs on the north and east sides (inner curve) of
5a 5
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office 356-5040.
The cost of publishing the following proceedings and claims is $
Cumulative cost of this calendar year for said publication is $_
OFFICIAL COUNCIL ACTIONS - 2/2/10
Iowa City City uncil regular meeting, 7:00 p.m. at City Hall. Mayor Hayek Presiding.
Council Members presid :Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright.
Absent: None. ``~
The Mayor presented ~ tstanding Student Citizenship Awards to H over Elementary
School student: Fanta Traore. ~~ dents Rachel Gralnek and Izaak Pere ere unable to
attend. `~,,
The Mayor proclaimed Sert 's Freedom Week -February 7, 2010, Sertoma Club
President Ted Halm accepting. ~''
Moved and seconded that the ~~ol wing items and recomm dations in the Consent
Calendar be received, or approved, and/off adopted as presente .
Approval of Council Actions,, subject to correctio , as recommended by the
City Clerk: January 19, Special Council Work Sessio .
Receive and File Minutes of Bc~.ards and Co fissions (any recommendations
contained in minutes become effective only upon eparate Council action): Planning
and Zoning Commission -December 17,`2009; arks and Recreation Commission -
December 16, 2009; `,
Permit Motions and Resolutions as ~ ommended by the City Clerk.
Renewal: Special Class C Liquor Licens or Rid Avocado, 521 E. Washington St.;
Outdoor Service Area for Red Avocado 21 E. Washington St.
Public Hearings: RES. 10-29 S TTING A PUBLIC HEARING ON FEBRUARY
16, 2010, TO DISCUSS THE PROP SED OPERAT~G BUDGET FOR THE FISCAL
YEAR JULY 1, 2010, THROUGH NE 30, 2011, THE'~~ROPOSED THREE-YEAR
FINANCIAL PLAN, AND ALSO E MULTI-YEAR CAPI~°,QL IMPROVEMENTS
PROGRAM THROUGH FISC YEAR 2014. ~'
Resolutions: RES. 1 30 AUTHORIZING THE MAYO TO SIGN AND THE
CITY CLERK TO ATTEST O THE RELEASE OF LIENS REG RDING TWO
MORTGAGES FOR TH ROPERTY LOCATED 1416 PLUMS EET, IOWA CITY,
IOWA; RES. 10-31, A HORIZING THE MAYOR TO SIGN AND HE CITY CLERK
TO ATTEST A RENE AL OF A LICENSE AGREEMENT FOR TE ORARY USE
OF PUBLIC RIGHT- F-WAY BETWEEN THE CITY OF IOWA CITY, NDOWNER
LUBIN TRUST, A TENANT MOTIF, LTD D/B/A BO-JAMES, FORA IDEWALK
CAFE; RES. 10- 2, AUTHORIZING THE MAYOR TO SIGN AND THE ITY CLERK
TO ATTEST A ENEWAL OF A LICENSE AGREEMENT FOR TEMPOR RY USE
OF PUBLIC GHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER
ONE TEN P OPERTIES, LLC, AND TENANT KMARCELLA, INC. D/B/A `
DONNELL 'S PUB, FOR A SIDEWALK CAFE.
C respondence: JCCOG Traffic Engineering Planner regarding Installation of
(2) NO ARKING ANY TIME signs on the north and east sides (inner curve) of
Official Actions
February 2, 2010
Page 2
Westbury Court; JCCOG Traffic Engineering Planner regarding Installation of (2) NO
PARKING ANY TIME signs on the south side of Lafayette Street between South Capitol
Street and South Clinton Street; JCCOG Traffic Engineering Planner regarding
Installation of (2) STOP signs on the northwest and southeast corners of the intersection
of Kennedy Parkway and Camp Cardinal Road; Sanctuary City letters from David
Collins, Sylvia Huyck; Deborah Sass, Mary Sturm, Joe Sturm regarding PVT Concerns
[staff response included]; Jacob Butler regarding Snow; Gary Sanders regarding
Calendar 2008 Salary over 85k.
The Mayor declared the motion carried.
Wally Pelds, Pelds Engineering and ECO-4 Partners, updated Council on the Moss
Green Urban Village project. Roger Bradley, manager of Yellow Cab of Iowa City, stated he
had sent a letter to Council regarding a number of taxi issues and requested Council
schedule discussion of the matter. Cindy Roberts, 2034 Grantwood St., questioned when the
scattered site task force recommendations would be discussed.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the Iowa City Kickers Soccer Park
Renovation Project, establishing amount of bid security to accompany each bid, directing City
Clerk to publish notice to bidders, and fixing time and place for receipt of bids.
Moved and seconded to adopt RES. 10-33, APPROVING PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
IOWA CITY KICKERS SOCCER PARK RENOVATION PROJECT, ESTABLISHING
AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO
PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
A public hearing was held on an ordinance amending Title 12, entitled "Franchises",
Sections 12-5-1 entitled "Electric Franchise Fee" and 12-5-2 entitled "Gas Franchise Fee" to
repeal the two percent (2%) franchise fee and enact a one percent (1 %) franchise fee on the
gross revenue of the 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.
Moved and seconded that the ordinance amending Title 12, entitled "Franchises",
Sections 12-5-1 entitled "Electric Franchise Fee" and 12-5-2 entitled "Gas Franchise Fee" to
repeal the two percent (2%) franchise fee and enact a one percent (1 %) franchise fee on the
gross revenue of the 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, be given first
vote. The Mayor declared the motion carried.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the Iowa City Fire Station No. 4 Project,
establishing amount of bid security to accompany each bid, directing City Clerk to publish
notice to bidders, and fixing time and place for receipt of bids.
Moved and seconded to adopt RES. 10-34, APPROVING PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
IOWA CITY FIRE STATION NO. 4 PROJECT, ESTABLISHING AMOUNT OF BID
Official Actions
February 2, 2010
Page 3
SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE
TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
Moved and seconded that the rule requiring ordinances to be considered and voted on
for final passage at two Council meetings prior to the meeting at which it is to be finally
passed be suspended, the second consideration and vote be waived, and the ORD. 10-4381,
AMENDING TITLE 13, ENTITLED "AIRPORTS AND AVIATION," CHAPTER 1, ENTITLED,
"AIRPORT COMMISSION," TO PROVIDE THAT COMMISSION MEMBERS SHALL BE
RESIDENTS OF IOWA CITY, 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 5, entitled "Business and
License Regulations," Chapter 2, entitled "Taxicabs," to prohibit electronic signs on taxicabs
and to clarify vehicle inspection requirements, be given first vote. Yasser Gaber and Hatem
Moustafa, Five Star Taxi, requested Council consider approving use of electronic signs on taxi
cabs and distributed a copy of the proposed sign. The Mayor declared the motion carried.
Moved and seconded to adopt RES. 10-35, ESTABLISHING NEW GENERAL
GUIDELINES TO ASSESS FIRE DEPARTMENT FEES AND RESCINDING RESOLUTION
NO. 08-61.
The Mayor noted the previously announced vacancies to Boards and Commissions:
Airport Commission to fill afour-year term March 1, 2010 -March 1, 2014; Civil Service
Commission to fill afour-year term April 5, 2010 -April 7, 2014; Historic Preservation
Commission for three vacancies, (1) at-large, (1) Summit St representative, and (1) Brown St
representative, to fill three-year terms March 29, 2010 -March 29, 2013;
Telecommunications Commission to fill three-year terms March 13, 2010 -March 13, 2013.
Applications must be received by 5:00 p.m., Wednesday, February 17, 2010. 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; 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; Police Citizens Review Board to fill an
unexpired term, effective upon appointment, ending September 1, 2012; 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. Applications must be received by 5:00 p.m., Wednesday, February 24,
2010.
The Mayor noted the current vacancy for JCCOG Cool Cities Taskforce to fill aone-
yearterm, effective upon appointment, ending March, 2011. Applications must be received by
5:00 p.m. Wednesday, March 17, 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.]
James Knapp, 528 Rundell St., read a letter regarding the Hazard Mitigation Plan and
the Ralston Creek watershed. Moved and seconded to accept correspondence from Mr.
Knapp. The Mayor declared the motion carried.
Official Actions
February 2, 2010
Page 4
Moved and seconded to adjourn meeting 7:45 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/Matthew J. Hayek, Mayor
s/Marian K. Karr, City Clerk
~~~ ~ ~ ~~
Submit~t~! for publication - 2/9/10. /~ ~o'1/t.- ~'~
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
JANUARY 25, 2010
Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding.
Council Members present: Bailey, Champion, Hayek, Mims, Wilburn, Wright. Absent:
Dickens. Staff members present: Helling, Fosse, Dilkes, Karr, Davidson, J. Grier, R. Jensen.
The Mayor presented Outstanding Student Citizenship Awards to Lucas Elementary
School students: Olivia Parrott and Benjamin Morony.
The Mayor proclaimed Arts and Culture Day -January 24, 2010, Shaner Magalhaes,
member of the Board of Directors of the Iowa Cultural Corridor Alliance, accepted.
A presentation of two panels representing a brief history of Iowa City was made be
Shaner Magalhaes, President of the Johnson County Historical Society to the City. The
panels were prepared for a Community Stories Project at the museum, and will be displayed
at the Iowa City Public Library.
Moved by Champion, seconded by Mims, that the following items and
recommendations in the Consent Calendar be received, or approved, and/or adopted as
amended and to delete from the Consent Calendar and consider as part of Item 8, Dance
Permit for One-Eyed Jake's:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: January 8, Special Council Work Session; January 8, Special Council
Formal Official and Complete; January 11, Special Council Work Session; January 12,
Special Council Formal Official and Complete; January 14, Special Council Work
Session; January 19, Special Council Formal Official and Complete.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Planning
and Zoning Commission -November 19, 2009; Public Art Advisory Committee -
September 9, 2009; Historic Preservation Commission -December 10, 2009; Board of
Adjustment -December 16, 2009; Senior Center Commission -November 19, 2009;
Police Citizens Review Board -November 3, 2009; Police Citizens Review Board
Community Forum -November 18, 2009; Police Citizens Review Board -December
11, 2009; Human Rights Commission -November 17, 2009.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Class C Liquor License for Caffrey IC, Inc., dba Slippery Petes, 118 S. Dubuque
St.; Special Class C Liquor License for Leaf, LLC, dba Leaf Kitchen, 301 '/z Kirkwood
Ave.; Renewal: Class C Liquor License for Pub on Clinton Street, LLC, dba Pints, 118
S. Clinton St.; RES. 10-19, TO ISSUE DANCE PERMIT to Caffrey IC, Inc., dba
Slippery Petes, 118 S. Dubuque St.
Motion: approve disbursements in the amount of $14,325,124.96 for the period
of December 1 through December 31, 2009, as recommended by the Finance Director
subject to audit.
Public Hearings: RES. 10-20, SETTING A PUBLIC HEARING ON FEBRUARY
2, 2010, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
OF COST FOR THE CONSTRUCTION OF THE IOWA CITY FIRE STATION NO. 4
Complete Description
January 25, 2010
Page 2
PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING,
AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR
PUBLIC INSPECTION; RES. 10-21, SETTING A PUBLIC HEARING FOR
FEBRUARY 2, 2010, ON AN ORDINANCE AMENDING TITLE 12, ENTITLED
"FRANCHISES", SECTIONS 12-5-1 ENTITLED "ELECTRIC FRANCHISE FEE" AND
12-5-2 ENTITLED "GAS FRANCHISE FEE" TO REPEAL THE TWO PERCENT (2%)
FRANCHISE FEE AND ENACT A ONE PERCENT (1%) FRANCHISE FEE ON THE
GROSS REVENUE OF THE 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, AND DIRECTING THE CITY CLERK TO CAUSE NOTICE
OF SAID PUBLIC HEARING AND SAID REVENUE PURPOSE STATEMENT TO BE
PUBLISHED AS PROVIDED BY LAW; RES. 10-22, SETTING A PUBLIC HEARING
ON FEBRUARY 2, 2010, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY
KICKERS SOCCER PARK RENOVATION PROJECT, DIRECTING CITY CLERK TO
PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO
PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
Resolutions: RES. 10-23, ACCEPTING CIVIL PENALTY AND WAIVER OF
RIGHT TO HEARING FROM CASEY'S GENERAL STORE; RES. 10-24,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
GRANT AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION
(IDOT) FOR DEVELOPMENT OF THE IOWA RIVER CORRIDOR TRAIL
CONNECTION TO THE TERRY TRUEBLOOD RECREATION AREA.
Correspondence: Chickens letters received from Alicia Ambler, Cindi
Bohnenkamp, Casey Kohrt [staff response included] ;Marc Moen regarding Summer of
the Arts funding; Charlotte Walker regarding Letters from Jay Honohan and Nancy
Wombacher; Clay Claussen regarding Support for Mike Moran as Parks and Recreation
Director; Rev. John McKinstry regarding Use of the former St. Patrick's Parish Hall for
the Shelter House; Garry Klein regarding Ambulance Service; Russell Haught regarding
Affordable Housing; Tom Dean regarding Thank you; Paula Swygard regarding Thank
You -Walkway in Miller-Orchard Neighborhood; Judy Pfohl regarding Saving money;
Mary Heinz regarding Membership Fees for Senior Center.
Affirmative roll call vote unanimous, 6/0, Dickens absent. The Mayor declared the motion
carried, and repeated the public hearings as set.
Moved by Bailey, seconded by Champion, that ORD. 10-4377, AMENDING THE
PLANNED DEVELOPMENT OVERLAY MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL
(OPD-8) ZONE FOR LOT 1, OLDE TOWNE VILLAGE, LOCATED ON WESTBURY DRIVE,
SOUTH OF MIDDLEBURY ROAD, IN IOWA CITY, IOWA (REZ09-00010), be passed and
adopted. The Mayor asked Council Members to disclose any ex parte communications, and
Complete Description
January 25, 2010
Page 3
none were reported. Affirmative roll call vote unanimous, 6/0, Dickens absent. The Mayor
declared the ordinance adopted.
Moved by Wright, seconded by Champion, that the rule requiring ordinances to be
considered and voted on for final passage at two Council meetings prior to the meeting at
which it is to be finally passed be suspended, the second consideration and vote be waived,
and that ORD. 10-4378, 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
WALMART AT 855, 911 & 1001 HIGHWAY 1 WEST (REZ09-00008), be voted on for final
passage at this time. The Mayor asked Council Members to disclose any ex parte
communications, and none were reported. Affirmative roll call vote unanimous, 6/0, Dickens
absent. 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, 6/0,
Dickens absent. The Mayor declared the ordinance adopted. Correspondence from Dennis
Mitchell requesting expedited action received.
Moved by Champion, seconded by Mims, to adopt RES. 10-25, APPROVING THE
PRELIMINARY PLAT OF WALMART SUBDIVISION, IOWA CITY, IOWA. PCD Dir.
Davidson present for discussion. Affirmative roll call vote unanimous, 6/0, Dickens absent.
The Mayor declared the resolution adopted.
A hearing was held on renewal of Class C Liquor License for One Poor Student, Inc.
dba One-Eyed Jake's, 1820 S. Clinton Street. The following individuals appeared: Owner
Mike Porter and General Manager Tom Lenoch. Fire Marshall Grier present for discussion.
After discussion, moved by Champion, seconded by Wilburn, to defer to February 16, the
motion to deny in accordance with staff recommendation renewal of Class C Liquor License
for One Poor Student, Inc. dba One-Eyed Jake's, 18-20 S. Clinton Street. The Mayor
declared the motion carried unanimously, 6/0, Dickens absent. Individual Council Members
expressed their views. Moved by Champion, seconded by Wilburn, to approve RES. 10-26,
ISSUE DANCE PERMIT for One Poor Student, Inc., dba One-Eyed Jake's, 18-20 S. Clinton
St. Affirmative roll call vote unanimous, 6/0, Dickens absent. The Mayor declared the
resolution adopted.
Moved by Bailey, seconded by Mims, that the ordinance amending Title 13, entitled
"Airports and Aviation," Chapter 1, entitled, "Airport Commission," to provide that commission
members shall be residents of Iowa City, be given first vote. Affirmative roll call vote
unanimous, 6/0, Dickens absent. The Mayor declared the motion carried.
Moved by Wright, seconded by Champion, that ORD. 10-4379, AMENDING TITLE 9,
ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE
ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS," SUB-SECTION B, ENTITLED
"EXCEPTIONS, be passed and adopted. Affirmative roll call vote unanimous, 6/0, Dickens
absent. The Mayor declared the ordinance adopted.
Moved by Wilburn, seconded by Mims, that ORD. 10-4380, AMENDING TITLE 7,
"FIRE CODE", BY CREATING CHAPTER 5, "HAZARDOUS MATERIALS AND
TRANSPORTATION-RELATED INCIDENTS", TO ALLOW FOR RECOVERY OF COSTS
ASSOCIATED WITH RESPONSE TO HAZARDOUS MATERIALS AND
TRANSPORTATION-RELATED INCIDENTS, AND ALLOW SUCH FEES FOR RECOVERY
Complete Description
January 25, 2010
Page 4
TO BE SET BY RESOLUTION, be passed and adopted. Affirmative roll call vote unanimous,
6/0, Dickens absent. The Mayor declared the ordinance adopted.
Moved by Mims, seconded by Champion, to adopt RES. 10-27, AMENDING THE
BUDGETED POSITIONS IN THE INFORMATION TECHNOLOGY SERVICES DIVISION OF
THE FINANCE DEPARTMENT BY DELETING ONE SENIOR PROGRAMMER/ANALYST
AND ADDING ONE FULL-TIME SYSTEMS PROJECT MANAGER POSITION. Finance Dir.
O'Malley present for discussion. Affirmative roll call vote unanimous, 6/0, Dickens absent.
The Mayor declared the resolution adopted.
Moved by Wilburn, seconded by Wright, to adopt RES. 10-28, APPROVING THE USE
OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE LOCAL
MATCH TO THE HAZARD MITIGATION GRANT PROGRAM (HMGP) WATER WELL
PROTECTION PROJECT AND AUTHORIZING THE CITY MANAGER TO SIGN THE
GRANT AGREEMENT. Affirmative roll call vote unanimous, 6/0, Dickens absent. The Mayor
declared the resolution adopted.
The Mayor noted the previously announced vacancies to Boards and Commissions:
Airport Commission to fill afour-year term March 1, 2010 -March 1, 2014; Civil Service
Commission to fill afour-year term April 5, 2010 -April 7, 2014; Historic Preservation
Commission for three vacancies, (1) At-large, (1) Summit St representative, and (1) Brown St
representative, to fill three-year terms March 29, 2010 -March 29, 2013;
Telecommunications Commission to fill three-year terms March 13, 2010 -March 13, 2013.
Applications must be received by 5:00 p.m., Wednesday, February 17, 2010.
The Mayor noted the current vacancy: Police Citizens Review Board to fill an
unexpired, effective upon appointment, ending September 1, 2012. Applications must be
received by 5:00 p.m., Wednesday, February 24, 2010. Correspondence from Abbie Yoder
in packet. 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 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;. 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.
Council Member Bailey reported that Iowa Department of Economic Development is
seeking public input on their comprehensive infrastructure plan and encouraged citizens to
attend a public meeting on February 4 at the Coralville Public Library.
In response to Council Member Champion, a majority of Council expressed no interest
to talk further about backyard chickens.
Complete Description
January 25, 2010
Page 5
Moved by Wilburn, seconded by Wright, to adjourn meeting 7:38 p.m. The Mayor
declared the motion carried unanimously, 6/0, Dickens absent.
Matthew J. Hayek, 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
FEBRUARY 1, 2010
Iowa City City Council special meeting, 6:55 p.m. at City Hall. Council Members
present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. Absent: None.
Staff members present: Helling, Fosse, Dilkes, Karr, Davidson, Rocca, Morris.
Moved by Wright, seconded by Champion, to adjourn to executive session to
discuss strategy with counsel in matters that are presently in litigation or where litigation
is imminent where its disclosure would be likely to prejudice or disadvantage the
position of the governmental body in that litigation. Affirmative roll call vote unanimous,
7/0, all Council Members present. The Mayor declared the motion carried and
adjourned into executive session 6:56 p.m.
Council returned to open session 7:12 p.m.
Moved by Bailey, seconded by Mims, to set a public hearing for February 16 on a
resolution amending the Comprehensive Plan to adjust the long-range planning growth
area boundary to include approximately 132 acres of land proposed for annexation near
the intersection of Highway 1 and Interstate 80 (Moss Green Development). The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Wright, seconded by Bailey, to set a public hearing for February 16 on
a resolution for a voluntary annexation of approximately 132 acres of land near the
intersection of Highway 1 and Interstate 80 (ANN09-00001) (Moss Green
Development). The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
Moved by Champion, seconded by Dickens, to set a public hearing for February
16 on an ordinance rezoning from County Agricultural (C-AG Zone to Interim
Development -Research Park (ID-ORP) Zone for approximately 132 acres of property
located near the intersection of Highway 1 and Interstate 80 (REZ09-00006) (Moss
Green Development). The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
Moved by Mims, seconded by Wright, to adjourn special meeting 7:16 p.m. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk
*Revision 2/12/10
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
FEBRUARY 2, 2010
Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding.
*Council Members present: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright.
Absent: None. Staff members present: Helling, Fosse, Dilkes, Karr, Morris, Slattery, Rocca.
The Mayor presented Outstanding Student Citizenship Awards to Hoover Elementary
School student: Fanta Traore. Students Rachel Gralnek and Izaak Perez were unable to
attend.
The Mayor proclaimed Sertoma's Freedom Week -February 7, 2010, Sertoma Club
President Ted Halm accepting.
Moved by Champion, seconded by Wright, that the following items and
recommendations in the Consent Calendar be received, or approved, and/or adopted as
presented:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: January 19, Special Council Work Session.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Planning
and Zoning Commission -December 17, 2009; Parks and Recreation Commission -
December 16, 2009;
Permit Motions and Resolutions as Recommended by the City Clerk.
Renewal: Special Class C Liquor License for Red Avocado, LLC, dba Red Avocado,
521 E. Washington St.; Outdoor Service Area for Red Avocado, LLC, dba Red
Avocado, 521 E. Washington St.
Public Hearings: RES. 10-29 SETTING A PUBLIC HEARING ON FEBRUARY
16, 2010, TO DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL
YEAR JULY 1, 2010, THROUGH JUNE 30, 2011, THE PROPOSED THREE-YEAR
FINANCIAL PLAN, AND ALSO THE MULTI-YEAR CAPITAL IMPROVEMENTS
PROGRAM THROUGH FISCAL YEAR 2014.
Resolutions: RES. 10-30 AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO
MORTGAGES FOR THE PROPERTY LOCATED 1416 PLUM STREET, IOWA CITY,
IOWA; RES. 10-31, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE
OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER
LUBIN TRUST, AND TENANT MOTIF, LTD D/B/A BO-JAMES, FOR A SIDEWALK
CAFE; RES. 10-32, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE
OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER
ONE TEN PROPERTIES, LLC, AND TENANT KMARCELLA, INC. D/B/A
DONNELLY'S PUB, FOR A SIDEWALK CAFE.
Correspondence: JCCOG Traffic Engineering Planner regarding Installation of
(2) NO PARKING ANY TIME signs on the north and east sides (inner curve) of
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
FEBRUARY 2, 2010
Iowa Cite- City Council regular meeting, 7:00 p.m. a' City Hall. Mayor Hayek Presiding.
Council Member residing: Bailey, Champion, Dickens, ayek, Mims, Wilburn, Wright.
Absent: None. Sta members present: Helling, Fosse, Ikes, Karr, Morris, Slattery, Rocca.
The Mayor pre nted Outstanding Student Citize ship Awards to Hoover Elementary
School student: Fanta ore. Students Rachel Gralnel4f and Izaak Perez were unable to
attend.
The Mayor proclaime ertoma's Freedom
President Ted Halm accepting.
Moved by Champion, seco
recommendations in the Consent
presented:
k -February 7, 2010, Sertoma Club
ed by Wright, hat the following items and
~endar be r eived, or approved, and/or adopted as
Approval of Council Action su
City Clerk: January 19, Special Co n it
Receive and File Minutes of r
contained in minutes become effec ve
and Zoning Commission - Decem er 17,
December 16, 2009;
ect to corrections, as recommended by the
Work Session.
ds and Commissions (any recommendations
my upon separate Council action): Planning
009; Parks and Recreation Commission -
Permit Motions and Res utions as R ommended by the City Clerk.
Renewal: Special Class C Li or License for ed Avocado, LLC, dba Red Avocado,
521 E. Washington St.; Outd or Service Area fo~n.Red Avocado, LLC, dba Red
Avocado, 521 E. Washingto St.
Public Hearings: R . 10-29 SETTING A PI~LIC HEARING ON FEBRUARY
16, 2010, TO DISCUSS T E PROPOSED OPERATI~I,G BUDGET FOR THE FISCAL
YEAR JULY 1, 2010, TH OUGH JUNE 30, 2011, THE~ROPOSED THREE-YEAR
FINANCIAL PLAN, AN ALSO THE MULTI-YEAR CAPITAL IMPROVEMENTS
PROGRAM THROUG FISCAL YEAR 2014. ``
Resolutions: S. 10-30 AUTHORIZING THE MAY TO SIGN AND THE
CITY CLERK TO A EST TO THE RELEASE OF LIENS RE ARDING TWO
MORTGAGES FO HE PROPERTY LOCATED 1416 PLUM TREET, IOWA CITY,
IOWA; RES. 10-3 ,AUTHORIZING THE MAYOR TO SIGN AN THE CITY CLERK
TO ATTEST A R EWAL OF A LICENSE AGREEMENT FORT PORARY USE
OF PUBLIC RIG T-OF-WAY BETWEEN THE CITY OF IOWA CI ,LANDOWNER
LUBIN TRUST, ND TENANT MOTIF, LTD D/B/A BO-JAMES, FOR SIDEWALK
CAFE; RES. 1 -32, AUTHORIZING THE MAYOR TO SIGN AND TH CITY CLERK
TO ATTEST A ENEWAL OF A LICENSE AGREEMENT FOR TEMP RARY USE
OF PUBLIC GHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER
ONE TEN P OPERTIES, LLC, AND TENANT KMARCELLA, INC. D/B/A
DONNELLY' PUB, FOR A SIDEWALK CAFE.
Corr spondence: JCCOG Traffic Engineering Planner regarding Installation of
(2) NO PA KING ANY TIME signs on the north and east sides (inner curve) of
Complete Description
February 2, 2010
Page 2
Westbury Court; JCCOG Traffic Engineering Planner regarding Installation of (2) NO
PARKING ANY TIME signs on the south side of Lafayette Street between South Capitol
Street and South Clinton Street; JCCOG Traffic Engineering Planner regarding
Installation of (2) STOP signs on the northwest and southeast corners of the intersection
of Kennedy Parkway and Camp Cardinal Road; Sanctuary City letters from David
Collins, Sylvia Huyck; Deborah Sass, Mary Sturm, Joe Sturm regarding PVT Concerns
[staff response included]; Jacob Butler regarding Snow; Gary Sanders regarding
Calendar 2008 Salary over 85k.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
motion carried.
Wally Pelds, Pelds Engineering and ECO-4 Partners, updated Council on the Moss
Green Urban Village project. Roger Bradley, manager of Yellow Cab of Iowa City, stated he
had sent a letter to Council regarding a number of taxi issues and requested Council
schedule discussion of the matter. The Mayor stated the letter had not been distributed but
will be received at the next formal Council meeting. Cindy Roberts, 2034 Grantwood St.,
questioned when the scattered site task force recommendations would be discussed. The
mayor noted the item was on the pending list and is tentatively scheduled for mid-February.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the Iowa City Kickers Soccer Park
Renovation Project, establishing amount of bid security to accompany each bid, directing City
Clerk to publish notice to bidders, and fixing time and place for receipt of bids. No one
appeared.
Moved by Champion, seconded by Mims, to adopt RES. 10-33, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE IOWA CITY KICKERS SOCCER PARK RENOVATION
PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID,
DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND
PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
A public hearing was held on an ordinance amending Title 12, entitled "Franchises",
Sections 12-5-1 entitled "Electric Franchise Fee" and 12-5-2 entitled "Gas Franchise Fee" to
repeal the two percent (2%) franchise fee and enact a one percent (1 %) franchise fee on the
gross revenue of the 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. No one
appeared.
Moved by Wilburn, seconded by Champion, that the ordinance amending Title 12,
entitled "Franchises", Sections 12-5-1 entitled "Electric Franchise Fee" and 12-5-2 entitled
"Gas Franchise Fee" to repeal the two percent (2%) franchise fee and enact a one percent
(1%) franchise fee on the gross revenue of the 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
Complete Description
February 2, 2010
Page 3
of the City of Iowa City, 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 approving plans, specifications, form of
contract, and estimate of cost for the construction of the Iowa City Fire Station No. 4 Project,
establishing amount of bid security to accompany each bid, directing City Clerk to publish
notice to bidders, and fixing time and place for receipt of bids. No one appeared.
Moved by Bailey, seconded by Wright, to adopt RES. 10-34, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE IOWA CITY FIRE STATION NO. 4 PROJECT, ESTABLISHING
AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO
PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted.
Moved by Wright, seconded by Champion, that the rule requiring ordinances to be
considered and voted on for final passage at two Council meetings prior to the meeting at
which it is to be finally passed be suspended, the second consideration and vote be waived,
and the ORD. 10-4381, AMENDING TITLE 13, ENTITLED "AIRPORTS AND AVIATION,"
CHAPTER 1, ENTITLED, "AIRPORT COMMISSION," TO PROVIDE THAT COMMISSION
MEMBERS SHALL BE RESIDENTS OF IOWA CITY, be voted on for final passage at this
time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the motion carried. Moved by Wright, seconded by Champion, that the ordinance
be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the ordinance adopted.
Moved by Champion, seconded by Mims, that the ordinance amending Title 5, entitled
"Business and License Regulations," Chapter 2, entitled "Taxicabs," to prohibit electronic signs
on taxicabs and to clarify vehicle inspection requirements, be given first vote. Yasser Gaber
and Hatem Moustafa, Five Star Taxi, requested Council consider approving use of electronic
signs on taxi cabs and distributed a copy of the proposed sign. Individual Council Members
expressed their views. The Mayor declared the motion carried, 6/1, Wright voting "no".
Moved by Champion, seconded by Mims, to adopt RES. 10-35, ESTABLISHING NEW
GENERAL GUIDELINES TO ASSESS FIRE DEPARTMENT FEES AND RESCINDING
RESOLUTION NO. 08-61. 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 Commission to fill afour-year term March 1, 2010 -March 1, 2014; Civil Service
Commission to fill afour-year term April 5, 2010 -April 7, 2014; Historic Preservation
Commission for three vacancies, (1) at-large, (1) Summit St representative, and (1) Brown St
representative, to fill three-year terms March 29, 2010 -March 29, 2013;
Telecommunications Commission to fill three-year terms March 13, 2010 -March 13, 2013.
Applications must be received by 5:00 p.m., Wednesday, February 17, 2010. 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; 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 -
Complete Description
February 2, 2010
Page 4
December 31, 2013, for a Mechanical Professional; Police Citizens Review Board to fill an
unexpired term, effective upon appointment, ending September 1, 2012; Youth Advisory
Commission to fill atwo-year term for Tate High, January 1, 2009 -December 31, 2010;
Youth Advisory Commission to fill a two-year term for Regina High, January 1, 2010 -
December 31, 2011. Applications must be received by 5:00 p.m., Wednesday, February 24,
2010.
The Mayor noted the current vacancy for JCCOG Cool Cities Taskforce to fill aone-
yearterm, effective upon appointment, ending March, 2011. Applications must be received by
5:00 p.m. Wednesday, March 17, 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.]
Council Member Bailey stated she was very excited about moving ahead on Fire
Station # 4, noting it was an I-Jobs project and LEED certified building; and reminded citizens
of the public hearing scheduled for February 16 on the FY11 City budget.
Mayor Pro tem Wilburn stated he and the Mayor are unable to attend the re-dedication
of the Trinity Episcopal Church on the February 7 and asked if another Council Member
would be attending. Council Member Champion will be attending.
Council Member Wright noted the annual book sale to benefit Shelter House
scheduled for February 27 at the Trinity Episcopal Church; and made a plea for everyone to
keep their sidewalks cleared of snow.
Council Member Mims stated she had attended her first ECICOG meeting and will
prepare a report when she gets more familiar with the committee.
Mayor Hayek congratulated Police Detective Mike Smithey for being selected 2009
Officer of the Year by the department.
James Knapp, 528 Rundell St., read a letter regarding the Hazard Mitigation Plan and
the Ralston Creek watershed. Moved by Wright, seconded by Dickens, to accept
correspondence from Mr. Knapp. The Mayor declared the motion carried unanimously, 7/0,
all Council Members present.
Moved by Wilburn, seconded by Champion, to adjourn meeting 7:45 p.m. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk