HomeMy WebLinkAbout2010-03-02 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
MARCH 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, Moran, Dilkes, Karr, Lewis, O'Brien,
Ream, Rackis, Morris, O'Brien, Davidson, Hightshoe.
The Mayor presented Outstanding Student Citizenship Awards to Grant Wood
Elementary School students: Devion Colford, Ester Fuentes, Shawn Phanthavong.
The Mayor proclaimed Special Olympics Month -March 2010, Cindy Coffin,
Recreation Director Supervisor and Special Olympics Volunteer Coordinator introduced
Special Olympians present to accept the proclamation.
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:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk; February 16, Regular Council Formal Official and Complete; February 16,
Special Council Formal Official and Complete; February 16, Special Council Work
Session.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Human
Rights Commission -January 19, 2010; Historic Preservation Commission - January
14, 2010; Board of Adjustment -January 13, 2010; Senior Center Commission -
January 21, 2010; Youth Advisory Commission -December 6, 2009; Housing and
Community Development Commission -January 28, 2010; Airport Commission -
January 21, 2010.
Permit Motions and Resolutions as Recommended by the City Clerk. New:
Class C Liquor License for Coach's Corner Sports Pub, LLC, dba Coach's Corner
Sports Pub, 749 Mormon Trek Blvd.; Outdoor Service Area for Coach's Corner Sports
Pub, LLC, dba Coach's Corner Sports Pub, 749 Mormon Trek Blvd.; Renewal: Class C
Liquor License for Kmarcella, Inc., dba Donnelly's Pub, 110 E. College St.; Class B
Beer Permit for Stuff Corporation dba Godfather's Pizza, 531 Hwy 1 West; Special
Class C Liquor License for Devotay, Inc., dba Devotay, 117 N. Linn St.; Class E Liquor
License for Hy-Vee, Inc., dba Hy-Vee Food & Drugstore #1 & Regal Liquor, 1720
Waterfront Dr.; Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Food Store #2,
812 S. First Ave.; Class C Liquor License for Carl & Ernie Enterprises, LLC, dba Carl &
Ernie's Good Time Pub & Grub, 161 Highway 1 W.; Outdoor Service Area for Carl &
Ernie Enterprises, LLC, dba Carl & Ernie's Good Time Pub & Grub, 161 Highway 1 W.
Motions: Approve disbursements in the amount of $9,881,511.32 for the period
of January 1 through January 31, 2010, as recommended by the Finance Director
subject to audit.
Public Hearings: RES. 10-48, SETTING A PUBLIC HEARING ON THE 23RD
OF MARCH ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
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March 2, 2010
Page 2
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY MERCER
PARK AQUATIC CENTER POOL FILTER REPLACEMENT 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. 10-49, SETTING A PUBLIC HEARING ON MARCH 23, 2010 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE 2010 SANITARY SEWER REHABILITATION 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. 10-50, SETTING A PUBLIC HEARING ON MARCH 23, 2010 ON
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE 2010 PAVEMENT REPLACEMENT FOR WATER
MAIN 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. 10-51 SETTING A PUBLIC HEARING ON
MARCH 23, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2010 WATER MAIN
DIRECTIONAL BORING 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. 10-52, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE
FOR THE PROPERTY LOCATED 1029 7T" AVENUE, IOWA CITY, IOWA; RES. 10-
53, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY
LOCATED 228 S. SUMMIT STREET #D4, IOWA CITY, IOWA; RES. 10-54,
AUTHORIZING THE MAYOR EXECUTE 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 59 REGAL LANE, IOWA CITY, IOWA; RES. 10-55,
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 &
JOAN GILPIN REV. TRUST, AND TENANT 2-TONE, INC. D/B/A BLUE BIRD DINER,
FOR A SIDEWALK CAFE; RES. 10-56, 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 AMBROSE PROPERTIES, LC, AND TENANT CAFFREY, INC.
D/B/A DC'S, FOR A SIDEWALK CAFE; RES. 10-57, ACCEPTING THE WORK FOR
THE 404 HAZARD MITIGATION PROPERTY ACQUISITION ASBESTOS
ABATEMENT PROJECT.
Correspondence: Acting Traffic Engineering Planner regarding Installation of NO
PARKING ANY TIME signs on the east side of S. Riverside Drive between Commercial
Drive and McCollister Boulevard; Julie Risinger regarding Railroad Crossing [staff
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March 2, 2010
Page 3
response included]; Sarah Clark regarding Reconsideration of urban chickens; Teresia
Bennett regarding Insurance liability requirements for taxicabs [staff response included];
Karl Schulz regarding Development of the Near Southside area; Bernice Hamilton
regarding Curfew; Cliff Pirnat regarding Flood preparation; Ryan O'Malley regarding
Google high speed fiber optic Internet service; Cindy Roberts regarding Scattered Site
Task Force; John Hudson regarding Drinking behavior; Alexander Cohen, Libris Fidelis
regarding City's snow removal policy [staff response included]; Robert Groves regarding
U.S. Census Bureau "Take 10" challenge; Charlie Eastham regarding Olde Town Village
neighborhood; Affordable Housing letters from Joyce Barker, Jana Hanson, Russel
Haught.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the motion carried.
John Westefeld, Parks & Recreation Commissioner, updated Council on activities and
future Council action items. Michael Lensing, Senior Center Commissioner, updated Council
on activities at the Center. John Rigby, appeared regarding the proposed 21 ordinance. Jeff
Shipley, City Council UISG Liaison appeared regarding the proposed 21 ordinance, and
inclusionary zoning.
A public hearing was held on an ordinance conditionally rezoning approximately 5.05
acres (Billion) 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 requested
that Council Members disclose any ex parte communications, and Bailey reported. PCD Dir.
Davidson present for discussion. Individual Council Members expressed their views. The
following individuals appeared: Jane Driscoll, 1409 Spruce Street, appeared representing
George Dane, 4120 Dane Road SE.; and Dave Larsen, representing the car dealership.
Moved by Wright, seconded by Champion to accept correspondence from Dave Larsen. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Bailey, seconded by Champion, that the ordinance conditionally rezoning
approximately 5.05 acres (Billion) located at Mormon Trek Boulevard, south of Eagle View
Drive from Commercial Office (CO-1) to Intensive Commercial (CI-1) (REZ09-00011), be
given first vote. Individual Council Members expressed their views. PCD Dir. Davidson and
Code Enforcement Officer Ream present for discussion. The Mayor declared the motion
carried, 6/1, with the following division of roll call vote. Ayes: Champion, Dickens, Hayek,
Mims, Wilburn, Bailey. Nays: Wright. Absent: None.
Moved by Wilburn, seconded by Champion, that 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. 10-4383, 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), be voted on for final
passage at this time. The Mayor requested that Council Members disclose any ex parte
communications, and Bailey reported. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by
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March 2, 2010
Page 4
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.
A public hearing was held on a resolution approving the Iowa City Housing Authority's
Five (5) Year Plan for 2010-2015 and the Annual Plan for Fiscal Year 2010. Housing Adm.
Rackis present for discussion.
Moved by Wilburn, seconded by Bailey, to adopt RES. 10-58, APPROVING THE
IOWA CITY HOUSING AUTHORITY'S FIVE (5) YEAR PLAN FOR 2010-2015 AND THE
ANNUAL PLAN FOR FISCAL YEAR 2010. 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 adopting the amended Iowa City Housing
Authority Housing Choice Voucher (HCV) Administrative Plan. Housing Adm. Rackis present
for discussion.
Moved by Wilburn, seconded by Bailey, to adopt RES. 10-59, ADOPTING THE
AMENDED IOWA CITY HOUSING AUTHORITY HOUSING CHOICE VOUCHER (HCV)
ADMINISTRATIVE PLAN. 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 adopting the amended Iowa City Housing
Authority Public Housing Admissions and Continued Occupancy Policy (ACOP). Housing
Adm. Rackis noted discussion on the previous items.
Moved by Bailey, seconded by Wilburn, to adopt RES. 10-60, ADOPTING THE
AMENDED IOWA CITY HOUSING AUTHORITY PUBLIC HOUSING ADMISSIONS AND
CONTINUED OCCUPANCY POLICY (ACOP). Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the resolution adopted.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the East Side Recycling Center 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 Wright, seconded by Mims, to adopt RES. 10-61, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE EAST SIDE RECYCLING CENTER 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.
Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0,
all Council Members present.
A public hearing was held on a resolution instituting proceedings to take additional
action for the authorization of a loan agreement and the issuance of not to exceed
$17,750,000 Sewer Revenue Capital Loan Notes, Series 2010. Jon Burmeiser, Public
Financial Management, appeared.
Moved by Wilburn, seconded by Mims, to adopt RES. 10-62, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN
AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $17,750,000 SEWER REVENUE
CAPITAL LOAN NOTES, SERIES 2010. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
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March 2, 2010
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Moved by Bailey, seconded by Wilburn, to adopt RES. 10-63, DIRECTING SALE OF $
15,080,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Moved by Bailey, seconded by Wilburn, to adopt RES. 10-64, AUTHORIZING THE
REDEMPTION OF OUTSTANDING SEWER REVENUE BONDS, DATED DECEMBER 1,
2001, AND SEWER REVENUE REFUNDING BONDS, DATED APRIL 1, 2002, AND
DIRECTING NOTICE TO BE GIVEN. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Moved by Mims, seconded by Wright, to adopt RES. 10-65, ADOPTING THE
ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2011. Affirmative roll call
vote unanimous, 7/0, all Council Member present. The Mayor declared the resolution
adopted.
Moved by Bailey, seconded by Wilburn, to adopt RES. 10-66, APPROVING THE
THREE-YEAR FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, AND THE FIVE-
YEAR CAPITAL IMPROVEMENTS PROGRAM. Affirmative roll call vote unanimous, 7/0, all
Council Members present.
Moved by Bailey, seconded by Mims, that the ordinance amending Title 10 of the City
Code, entitled "Use of Public Ways and Property," Chapter 11, entitled "Farmer's Market,"
and Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions,"
to allow the Farmers Market to take place on Washington Street and to allow the sale and
consumption of alcohol at the farmers market, be given first vote. Individual Council
Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the motion carried.
Moved by Champion, seconded by Bailey, 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 passed and adopted. Individual
Council Members expressed their views. Teresia Bennett, representing Five Stars Taxi,
appeared and presented a power point and correspondence. Moved by Wright, seconded by
Mims, to accept correspondence from Ms. Bennett. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Bailey, to
amend the ordinance by deleting the second paragraph regarding electronic signs. The Mayor
declared the motion to amend carried unanimously, 7/0, all Council Members present. Moved
by Bailey, seconded by Wright, that ORD. 10-4384, AMENDING TITLE 5, ENTITLED
"BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," TO
CLARIFY VEHICLE INSPECTION REQUIREMENTS as amended, be passed and adopted.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
ordinance adopted.
Moved by Mims, seconded by Bailey, that the ordinance amending Title 10 of the City
Code, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of
Sidewalks," Section 5, entitled, "Use by Mobile Vendors" to increase the vendors in City
Plaza and to decrease the minimum hours requirement, be given first vote. Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion
carried.
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March 2, 2010
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Moved by Wright, seconded by Dickens, to adopt RES. 10-67, ESTABLISHING
MOBILE VENDING PERMIT AND AMBULATORY VENDING PERMIT FEES AND
RESCINDING RESOLUTION NO. 88-42. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Moved by Champion, seconded by Mims, to adopt RES. 10-68, AUTHORIZING THE
INSTALLATION OF SPEED HUMPS ON SHANNON DRIVE BETWEEN ROHRET ROAD
AND ANDREA COURT. Christy Schelling, 1356 Shannon Dr., appeared. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Moved by Bailey, seconded by Wilburn, to adopt a resolution adopting an
unsuccessful or delayed projects policy for CDBG and HOME Projects and rescinding
Resolution No. 04-68. Individual Council Members expressed their views. The Mayor
declared the resolution defeated, 3/4, with the following division of roll call vote: Ayes:
Wilburn, Wright, Bailey. Nays: Mims, Champion, Dickens, Hayek. Absent: None.
Moved by Wright, seconded by Bailey, to adopt RES. 10-69, AMENDING
RESOLUTION NO. 97-326 ESTABLISHING A PUBLIC ART PROGRAM AND RESOLUTION
NO. 02-72 SETTING THE ANNUAL ALLOCATION, TO SET A NEW ANNUAL ALLOCATION
OF $14,750 FOR PUBLIC ART. Individual Council Members expressed their views.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted.
Moved by Mims, seconded by Wright, to adopt RES. 10-70, AWARDING CONTRACT
to MBA Concrete of North Liberty for $211,833.00 AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE
IOWA CITY SOCCER PARK RENOVATION PROJECT. Affirmative roll call vote unanimous,
7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Wilburn, seconded by Dickens, to adopt RES. 10-71, AWARDING
CONTRACT to Peterson Contractors for $2,213,562.83 AND AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF
THE NORTH DODGE STREET PEDESTRIAN BRIDGE OVER I-80 PROJECT [ESIM-080-
6(685)243--OS-52]. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the resolution adopted.
Moved by Bailey, seconded by Wilburn, to adopt a resolution 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. Moved by Champion,
seconded by Wilburn, to amend the resolution by deferring consideration of the Yenter
property until April 27. The Mayor declared the motion to amend carried unanimously, 7/0, all
Council Members present. The following individuals appeared: A.J. and Sara Sullivan, 1555
Tracy Lane; Keith Yenter, 734 Oakland Ave. Code Enforcement Officer Ream present for
discussion. Individual Council Members expressed their views. The Mayor declared the
resolution defeated, 2/5, with the following division of roll call vote. Ayes: Hayek, Wilburn.
Nays: Champion, Dickens, Mims, Wright, Bailey. Absent: None. Moved by Wilburn,
seconded by Bailey to accept correspondence from Keith Yenter (2), and Helen Roushar.
The Mayor declared the motion carried unanimously, 7/0, all Council Members present.
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March 2, 2010
Page 7
Moved by Bailey, seconded by Wilburn, to adopt RES. 10-72, APPROVING A
REQUEST FOR PROPOSAL FOR THE DEVELOPMENT OF A MULTI-USE PARKING
FACILITY, WHICH REQUEST FOR PROPOSAL SETS OUT MINIMUM REQUIREMENTS,
COMPETITIVE CRITERIA, AND A DEVELOPMENT AGREEMENT AND INCLUDES
PROVISION FOR DISPOSITION OF CERTAIN PROPERTY OWNED BY AND LOCATED
WITHIN THE CITY, WHICH PROPERTY IS CONTEMPLATED TO BE INCLUDED IN A
FUTURE URBAN RENEWAL AREA OR AN AMENDMENT TO AN EXISTING URBAN
RENEWAL AREA. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the resolution adopted.
Moved by Champion, seconded by Mims, to adopt RES. 10-73, RATIFYING THE
SETTLEMENT OF PENDING LITIGATION, for Roger Benner. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
The Mayor noted the previously announced vacancies for JCCOG Cool Cities
Taskforce for One At-Large/Public vacancy to fill cone-year term, effective upon
appointment, ending March, 2011. Applications must be received by 5:00 p.m., Wednesday,
March 17, 2010; Youth Advisory Commission for an unexpired At Large term ending
December 31, 2011. Applications must be received by 5:00 p.m., Wednesday, March 31,
2010.
The Mayor noted the current vacancy to Planning & Zoning Commission for two
vacancies to fill five-year terms May 1, 2010 -May 1, 2015. Applications must be received
by 5:00 p.m., Wednesday, April 21, 2010.
Moved by Mims, seconded by Wright, to make the following appointments to Boards
and Commission: Steve Crane, 765 Kennedy Parkway, to the Airport Commission to fill a
four-year term March 1, 2010 -March 1, 2014; re-appoint Lyra Dickerson, 324 Post Road, to
the Civil Service Commission to fill afour-year term April 5, 2010 -April 7, 2014; re-appoint
Alicia Trimble, 2232 California Avenue, to the Historic Preservation Commission, At Large, for
a three-year term March 29, 2010 -March 29, 2013; appoint Kent Ackerson, 617 Brown
Street, to the Historic Preservation Commission, Brown Street representative, for athree-year
terms March 29, 2010 -March 29, 2013; re-appoint William Downing, 411 S. Summit Street,
to the Historic Preservation Commission, Summit Representative, for athree-year term
March 29, 2010 -March 29, 2013; re-appoint Hans Hoerschelman, 731 Michael Street, #20,
to the Telecommunications Commission for athree-year terms March 13, 2010 -March 13,
2013; Royceann Porter to the Police Citizens Review Board to fill an unexpired term, effective
upon appointment, ending September 1, 2012. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present. Moved by Mims, seconded by Wright, to
accept correspondence from Dennis Gordon, Jay Murray, and Dan Tallon. 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 for an unexpired
term, effective upon appointment, plus afive-year term January 1, 2007 -December 31,
2011; Airport Zoning Brd of Adjustment for afive-year term January 1, 2009 -December 31,
2013; Airport Zoning Commission for asix-year term January 1, 2006 -December 31, 2011;
Airport Zoning Commission for asix-year term January 1, 2010 -December 31, 2015;
Appeals, Board of ,Mechanical Professions, for afive-year term January 1, 2009 -
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March 2, 2010
Page 8
December 31, 2013; Youth Advisory Commission, Tate High, for atwo-year term January 1,
2009 -December 31, 2010; Youth Advisory Commission, Regena High, for atwo-year term.
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 Dickens reported on a Senior Center forum he attended.
Council Member Bailey noted the spring break would occur before the next Council
meeting and wished everyone a safe break, and hopefully warmer weather.
Council Member Mims reminded citizens that their Census forms should be arriving
the middle of March, and encouraged everybody to return the form promptly.
Acting Asst. City Manager and Public Works Dir. Fosse updating Council on the
project flood forecasts for this spring.
City Clerk Karr followed up on the Census, noting that for every 100 people not
counted over $1 million dollars is lost over the next ten years to the Iowa City community.
Moved by Mims, seconded by Wilburn, to adjourn meeting at 9:25 p.m. The Mayor
declared the motion. carried unanimously, 7/0, all Council Members present.
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Matthew J. Hayek, ayo
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Mar K. Karr, City Clerk
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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 - 2/16/10
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. 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 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 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 Sidelines Bar and Grill, 320 E. Burlington St.; Class C
Liquor License for Formosa, 221 E. College St.
Renewal: Class C Liquor License for One- Eyed Jakes, 18-20 S. Clinton St.;
Class C Beer Permit for Convenience Store, 106 S. Linn St.; Special Class C Liquor
License for Thai Flavors, 340 E. Burlington St.; Class C Liquor License for Bo-James,
118 E. Washington St.; Class C Liquor License for It's Brothers Bar & Grill, 125 S.
Dubuque St.; Class C Liquor License for EI Ranchero Mexican Restaurant, 21 Sturgis
Corner Dr.; Class E Liquor License for Hy-Vee #3, 1201 N. Dodge St.; RES. 10-36, TO
ISSUE DANCE PERMITS to Sidelines Bar and Grill, 320 E. Burlington St. and 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 2010, OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF; RES. 10-38, SETTING A PUBLIC
HEARING ON MARCH 2, 2010 ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE EAST
Official Actions
February 16, 2010
Page 2
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 declared the motion carried.
Jerry Graber, 1673 Hwy 2, Donnellson, appeared requesting Council review their
present ordinance prohibiting redeeming gaming tickets for alcohol.
Moved and seconded 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). The Mayor
declared the motion carried.
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.
Moved and seconded 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.
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).
Moved and seconded 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).
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)
Official Actions
February 16, 2010
Page 3
Zone for property located near the intersection of Highway 1 and Interstate 80 (REZ09-
00006).
Moved and seconded 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. Wally Pelds, Pelds Engineering Company& Eco-4 ,appeared.
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.
Moved and seconded that the rule requiring ordinances to be considered and voted on
for final passage at two Council meetings prior to the meeting at which it is to be finally
passed be suspended, the second consideration and vote be waived, and that ORD. 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. 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 second vote. The Mayor declared the
motion carried. The following individuals appeared from Five Stars Taxi: Teresa Bennett,
Yasser Gaber, and Hatem Moustafa.
Moved and seconded to adopt RES. 10-45, ADOPTING THE IOWA CITY 2010
HAZARD MITIGATION PLAN.
Moved and seconded 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 and
seconded 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. After discussion,
moved and seconded 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. Helen Rochart appeared
regarding the procedure for providing additional information on March 2.
Official Actions
February 16, 2010
Page 4
Moved and seconded 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.
Moved and seconded 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.
Moved and seconded 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.
Moved and seconded to adopt RES. 10-46, REPEALING RESOLUTION NO. 01-169.
Moved and seconded to adopt RES. 10-47, ESTABLISHING A RULE FOR
ELECTRONIC PARTICIPATION IN CITY COUNCIL MEETINGS. The Mayor declared the
resolution adopted.
Moved and seconded to appoint Susan Mims to the JCCOG - ECICOG Assessment
Structure Committee. The Mayor declared the motion carried.
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 atwo-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 cone-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 and seconded 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.]
Moved and seconded to adjourn meeting back to work session 8:35 p.m. The Mayor
declared the motion carried.
Official Actions
February 16, 2010
Page 5
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
y{~ • ~/~
Submitted or publication - 2/23/10. ~ ,~~
03-02-10
4a 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 - 2/16/10
Iowa City City Council special meeting, 6:00 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims (6:04
p.m.), Wilburn, Wright. Absent: None.
Moved and seconded to adjourn to executive session to discuss as a public
employer, strategy regarding collective bargaining with City Employee Organizations; as
such discussion is exempt from the provisions of Chapter 21 and to discuss the
purchase of particular real estate only where premature disclosure could be reasonably
expected to increase the price the governmental body would have to pay for that
property. the minutes and the tape recording of a session closed under this paragraph
(Real Estate) shall be available for public examination when the transaction discussed
is completed. The Mayor declared the motion carried and adjourned into executive
session.
Moved and seconded to adjourn special meeting 6:26 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 Cle~ tti~
Submit ed for u/Qb\/li/cation - 2/18/10. ~'
p
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 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 2010, OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF; RES. 10-38, SETTING A PUBLIC
Complete Description
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
Complete Description
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 a five-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. 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 16t"; 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. 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 16, 2010
Iowa City City Council special meeting, 6:00 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Bailey, Champion, Dickens, Hayek, Mims (6:04
p.m.), Wilburn, Wright. Absent: None. Staff members present: Helling, Dilkes, Karr,
Fosse, Davidson, Purdy, Dulek, Jennings, Knoche.
Moved by Wright, seconded by Champion, to adjourn to executive session to
discuss as a public employer, strategy regarding collective bargaining with City
Employee Organizations; as such discussion is exempt from the provisions of Chapter
21 and to discuss the purchase of particular real estate only where premature
disclosure could be reasonably expected to increase the price the governmental body
would have to pay for that property. the minutes and the tape recording of a session
closed under this paragraph (Real Estate) shall be available for public examination
when the transaction discussed is completed. Affirmative roll call vote unanimous, 6/0,
Mims absent. The Mayor declared the motion carried and adjourned into executive
session 6:02 p.m.
Council returned to open session 6:25 p.m.
Moved by Wright, seconded by Mims, to adjourn special meeting 6:26 p.m. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk
•'~,®~r CITY OF IOWA CITY 4a3
~~~~~ RA N D L[ ~
~ E~~
Date: February 16, 2010
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, February 16, 2010, 6:27 PM in Emma J. Harvat Hall
Council: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright
Staff: Helling, Fosse, Dilkes, Karr, Knoche, Davidson, Elias, Nations, O'Malley
(A complete transcription is available in the City Clerk's Office and the City website)
COUNCIL APPOINTMENTS (Item # 18)
Majority agreed to appoint Council Member Mims to serve on the JCCOG - ECICOG
Assessment Structure Committee.
COUNCIL POLICY Re: voting by representatives appointed by Council (Res. 01-169)
(agenda #16J
City Atty. Dilkes responded to questions regarding the current policy and the proposed
resolution. PCD Dir. Davidson present for discussion. After discussion a majority agreed to not
proceed with the proposed resolution but instead repeal Res. # 01-169. City Atty. Dilkes stated
Council could amend the agenda item and proceed with repealing the current resolution.
COMMUNITY SUSTAINABILITY PLAN [Info #5j
Environmental Coordinator Nations presented a power point presentation (archived with City
Clerk) on the community wide Plan.
INFORMATION PACKET DISCUSSION [Feb 4 & 11]
1. (IP3 of 2/4 Info Packet -Gaming Devices and Alcohol Prizes) Council Member Dickens
reported he had received several calls from the American Legion regarding gaming devices
and asked if the matter could be scheduled for further discussion. Majority agreed to
schedule for a future work session.
2. In response to Council Member Wright, City Atty. Dilkes reported that final briefs are due at
the State ABD March 15 on the denial of a liquor license re PAULA rate.
3. Mayor Hayek encouraged any Council Member interested in attending the League of Cities
meeting to contact City Clerk Karr or himself.
Council Work Session
February 16, 2010
Page 2
COUNCIL TIME
1. Council Member Bailey asked if the Metro Coalition was monitoring a Senate study bill
about 500 year flood plain management. Mayor Pro tem Wilburn indicated it was discussed
during a recent Metro Coalition conference call and is being monitored for changes.
[Council recessed to the formal meeting 6:55 PM; returned to work session 8:40 PM]
CITY MANAGER SEARCH/RFQ REVIEW [IP#2 of 2/11 Info Packet]
After discussion, the following changes/additions were made:
• Background Information -delete "a major art gallery" and replace with "numerous art
galleries" in the second paragraph.
• Set interviews with recruitment firms for April 9.
Staff Action: Made the changes as requested. RFQ's mailed on February 17th, and
information on City website. Press release also issued. (Karr)
BUDGET PRIORITIES
None
SUMMARY OF PENDING WORK SESSION ISSUES [IP#3 of 2/11 Info Packet]
The following items were added to the pending list:
- Legislative Update -Metropolitan Coalition
- Alcohol as Prizes from Gaming Devices
In response to Council, Interim City Manager Helling stated a Safe Neighborhoods Coalition
event is being planned for February 26 and an update provided to Council shortly thereafter.
DISCUSSION OF MEETING SCHEDULES (IP#4 of 2/11 Info Packet]
After discussion Council agreed to the following meeting schedule for April-August:
April 5 -Monday
Regular work session
April 6 -Tuesday
Regular formal
April 26 -Monday
Special work session
April 27 -Tuesday
Special formal
May 10 -Monday
Special work session, TBA
Special formal
Council Work Session
February 16, 2010
Page 3
June 1 -Tuesday
Special work session, TBA
Regular formal
June 14 - Monday
Regular work session
June 15 -Tuesday
Regular formal
July 12 - Monday
Special work session, TBA
Special formal
August 16 -Monday
Regular work session
August 17 -Tuesday
Regular formal
August 30 -Monday
Special work session
August 31 -Tuesday
Special formal
STAFF ACTION: Memo distributed in February 18 packet. (.Karr)
UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS
None
Meeting adjourned 9:25 PM.