HomeMy WebLinkAbout2010-04-27 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
APRIL 27, 2010
Iowa City City Council special 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, Davidson, Robinson,
Hart, Moran, Tharp, Havel, Jordan, Fay, Morris, Ford.
The Mayor presented Outstanding Student Citizenship Awards to Longfellow
Elementary students: Alma Apolonio, Evelyn Galstad, and Wakemia McCray.
The Mayor proclaimed: Older Americans Month -May 2010, Mary Willie, Aging
Specialist, Johnson County Livable Communities accepting; Arbor Day -April 30, 2010,
Terry Robinson, Parks Forestry Superintendent accepting; Mental Health Month -May 2010
and Children's Mental Health Week - May 2-8, 2010. Nyle Jessen, NAMI of Johnson County
accepting.
A presentation of the Airport Commission - 5 Year Strategic Plan was presented by
Airport Commission Chairperson Howard Horan.
Moved by Champion, seconded by Wilburn, that the following items and
recommendations in the Consent Calendar be received, or approved, and/or adopted as
amended:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk; April 5, Regular Council Work Session; April 6, Regular Council Formal
Official and Complete; April 9, Special Council Work Session.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Senior
Center Commission - February 18, 2010; Planning and Zoning Commission -March
18, 2010; Airport Commission -February 18, 2010; Youth Advisory Commission -
March 8, 2010; Civil Service Commission -April 14, 2010; Housing and Community
Development Commission -March 25, 2010; Planning and Zoning Commission -April
1, 2010; Police Citizens Review Board -March 9, 2010; Airport Commission -March
18, 2010.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Class C Liquor License for First Avenue Productions, Inc., dba First Avenue
Club, 1550 S. First Ave.; Renewal: Class C Liquor License for Kennedy Investments,
Inc., dba Vine Tavern & Eatery, 330 E. Prentiss St.; Class C Liquor License for Sams
Pizza, Inc., dba Sams Pizza, 441 S. Gilbert St.; Class A Liquor License for Iowa City
Lodge #1096 Loyal Order of Moose dba Loyal Order of Moose Lodge #1096, 3151
Hwy 6 E.; Special Class C Liquor License for Little Donkeys, Inc., dba Panchero's
Mexican Grill, 32 S. Clinton St.; Class E Liquor License for Liquor House, Ltd., dba
Liquor House, 425 S. Gilbert St.; Class C Beer Permit for KLB Bauer, Inc., dba
Gasby's #1, 1310 S. Gilbert St.; Class C Beer Permit for KLB Bauer, Inc., dba Gasby's
#4, 2303 Muscatine Ave.; RES. 10-122 TO ISSUE DANCING PERMIT to First Avenue
Productions, Inc., dba First Avenue Club, 1550 S. First Ave., and Iowa City Lodge
#1096 Loyal Order of Moose dba Loyal Order of Moose Lodge #1096, 3151 Hwy 6 E.
Motions. Approve disbursements in the amount of $10,333,650.41 for the
period of March 1 through March 31, 2010, as recommended by the Finance Director
subject to audit.
Complete Description
April 27, 2010
Page 2
Public Hearings: RES. 10-123, SETTING A PUBLIC HEARING ON AMENDING
THE FY2010 OPERATING BUDGET; setting a public hearing for May 10, 2010
regarding Iowa City's Citizen Participation Plan; setting a public hearing for May 10,
2010 regarding Iowa City's FY11 Annual Action Plan, that is a sub-part of Iowa City's
2011-2015 Consolidated Plan (a.k.a. City Steps) and Amendments to the FY08, FY09
& FY10 Annual Action Plans; RES. 10-124, SETTING A PUBLIC HEARING ON MAY
10, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
OF COST FOR THE CONSTRUCTION OF THE LANDFILL FY09 STAGE 1 CELL
CONSTRUCTION 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. 10-125, SETTING A PUBLIC HEARING
ON MAY 10, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SANDUSKY STORM
SEWER IMPROVEMENTS 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. 10-126, SETTING A
PUBLIC HEARING ON MAY 10, 2010 ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
SENIOR CENTER BUILDING ENVELOPE ROOF REPAIRS AND MEMBRANE
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. 10-127, SETTING PUBLIC HEARING
FOR MAY 10, 2010, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME
LOCATED AT 1516 SHERIDAN AVENUE; RES. 10-128, SETTING A PUBLIC
HEARING FOR MAY 10, 2010 TO APPROVE A PURCHASE AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND VAN METER INDUSTRIAL, INC. FOR
LOT 10 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION- PART TWO
AND TO CONSIDER A PROPOSAL TO CONVEY SAID PROPERTY.
Resolutions: RES. 10-129, AUTHORIZING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN
THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, HILLS, IOWA
FOR PROPERTY LOCATED AT 1973 SHERMAN DRIVE, IOWA CITY, IOWA; RES.
10-130, AUTHORIZING THE MAYOR TO 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 217 BRENTWOOD DRIVE, IOWA CITY,
IOWA; RES. 10-131, AUTHORIZING THE MAYOR TO SIGN 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 1910 SHERMAN DRIVE, IOWA CITY, IOWA;
RES. 10-132, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO THE RELEASE OF LIENS REGARDING A MORTGAGE AND A
PROMISSORY NOTE OR THE PROPERTY LOCATED 303 3RD AVENUE, IOWA
CITY, IOWA; RES. 10-133, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR
THE PROPERTY LOCATED AT 1911 H STREET, IOWA CITY, IOWA; RES. 10-134,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
AMENDMENT TO TWO AGREEMENTS BETWEEN CITY OF IOWA CITY AND
Complete Description
April 27, 2010
Page 3
STANLEY CONSULTANTS, INC.; RES. 10-135, APPROVING THE ACCEPTANCE
OF THE DEDICATION OF AN UNDERGROUND UTILITY EASEMENT OVER THE
NORTHEASTERLY 10 FEET OF AUDITOR'S PARCEL 2008097, IOWA CITY,
JOHNSON COUNTY, IOWA
Correspondence: Acting Traffic Engineering Planner regarding Installation of (2)
BUS PARKING ONLY 30 MINUTE LIMIT signs in the 300 block of S. Dubuque Street;
JCCOG Traffic Engineering Planner regarding Installation of (1) NO PARKING HERE
TO CORNER sign on the northwest corner of the intersection of George Street and
Oakcrest Street; JCCOG Traffic Engineering Planner regarding Installation of (1) NO
PARKING DRIVEWAY TO HERE sign approximately 25 feet south of the 403 South
Johnson Street driveway; JCCOG Traffic Engineering Planner regarding Removal of (1)
HANDICAP PARKING space in front of 620 N. Linn Street; JCCOG Traffic Engineering
Planner regarding Replacement of the ODD/EVEN DATE signage restricting parking on
Johnson Street and Fairchild Street immediately surrounding Market Square Park with
NO PARKING ANY TIME signs on the inside lane; City Engineer regarding Competitive
Quotation Results; Sophie Metcalf regarding Sanctuary City Committee proposed
ordinance [staff response included]; Fluoride letters from John Echols, Maureen Jones,
Ken McBride(x2), Jason Krueger; Mark Patton regarding CDBG/HOME
recommendations; 21 Ordinance letters from Jim and Mary Blaser, Andrew Edmark,
Cody Eliff, Libris Fidelis, Mary and Kevin Hastings, Dustin Nohr, Kelly Robertson,
University of Iowa-Delta Gamma-Tau chapter, Alpha Kappa Psi -Alpha Xi chapter,
Dance Marathon, Student Elections Board; Gerald Sorokin and Jeffrey Portman
regarding Speaker sponsored by the Human Rights Commission; Heather Roberts
regarding League to Establish Environmental Advisory Committee; Emily Woodbury
regarding Bicycle Laws and Traffic Citations; Laura Kacere regarding Music Festival
Event.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
motion carried.
Moved by Bailey, seconded by Wilburn, setting a public hearing for May 10 on a
resolution annexing approximately 2.37-acres of land located at 4265 Oak Crest Hill Road SE
(ANN10-00001 Johnson County Extension Services). The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Mims, seconded by Champion, setting a public hearing for May 10 on an
ordinance rezoning approximately 2.37-acres of land located at 4265 Oak Crest Hill Road SE
from County Agricultural (A) to Institutional Public (P2) (REZ10-00002 Johnson County
Extension Services). The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
Moved by Champion, seconded by Bailey, setting a public hearing for May 10 on an
ordinance rezoning approximately 60.32 acres of land (Moss Green) from Interim
Development-Research Park (ID-RP), to Overlay Planned Development -Office Research
Park (OPD-ORP); and approximately 56.48 acres of land from Interim Development-
Research Park (ID-RP) to Overlay Planned Development-Research Development Park
(OPD-RDP); and approximately 24.49 acres of land from Interim Development-Research
Park (ID-RP) to Overlay Planned Development-Mixed Use (OPD-MU) for property located
northwest of the interchange of State Highway 1 with Interstate 80 (REZ10-00004). The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Complete Description
April 27, 2010
Page 4
A public hearing was held on a resolution authorizing the filing of an application with
the Iowa Department of Transportation for FY2011 Iowa DOT State Transit Assistance and
Federal Transit Administration Funding. No one appeared.
Moved by Mims, seconded by Wright, to adopt RES. 10-136, AUTHORIZING THE
FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION
FOR FY2011 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT
ADMINISTRATION FUNDING. 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 determining an area of the city to be an
economic development area, and that the rehabilitation, conservation, redevelopment,
development, or a combination thereof, of such area is necessary in the interest of the public
health, safety or welfare of the residents of the city; designating such area as appropriate for
an urban renewal project; and adopting the Moss Green Urban Village Urban Renewal Plan
therefore. Economic Development Coordinator Ford present for discussion. Wally Pelds,
representing Pelds Engineering, Eco-4, and Moss Green appeared.
Moved by Wilburn, seconded by Bailey, to adopt RES. 10-137, DETERMINING AN
AREA OF THE CITY TO BEAN ECONOMIC DEVELOPMENT AREA, AND THAT THE
REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A
COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE
PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY;
DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT;
AND ADOPTING THE MOSS GREEN URBAN VILLAGE URBAN RENEWAL PLAN
THEREFORE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The
Mayor declared the resolution adopted.
Moved by Bailey, seconded by Wilburn, that the ordinance providing that general
property taxes levied and collected each year on all property located within the Moss Green
Urban Village Urban Renewal Area, in the City of Iowa City, County of Johnson, State of
Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa
City Community School District and other taxing districts, be paid to a special fund for
payment of principal and interest on loans, rebates, grants, monies advanced to and
indebtedness, including bonds issued or to be issued, incurred by said city in connection with
said Urban Renewal Redevelopment Project, be given first vote. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the motion carried.
Moved by Champion, seconded by Mims, that the ordinance amending Title 8, entitled
"Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," Section 2, entitled
"Aggressive Panhandling," to prohibit soliciting for money in limited areas in the downtown,
be given first vote. The following individuals appeared: Nick Arnold, Executive Director of the
Downtown Association; and Brandon Ross. Individual Council Members expressed their
views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote.
Ayes: Mims, Wilburn, Bailey, Champion, Dickens, Hayek. Nays: Wright. Absent: None.
Moved by Wilburn, seconded by Mims, to accept correspondence from Libris Fidelis. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Wright, seconded by Mims, that the ordinance amending Title 6, entitled
"Public Health and Safety," Chapter 10, entitled "Smoke Free Places," to prohibit smoking
throughout city plaza and near sidewalk cafes and to make the smoking prohibition at the
farmers market consistent with the expansion in hours and location, be given first vote. The
following individuals appeared: Nick Arnold, Executive Director of the Downtown Association;
and Chris Squier, CAFE member and State Commission for Tobacco Prevention and Control.
Complete Description
April 27, 2010
Page 5
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the motion carried.
Moved by Mims, seconded by Dickens, that the ordinance 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 given first vote. Affirmative
roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion
carried.
Moved by Bailey, seconded by Wright, that the ordinance amending Title 1, entitled
"Administration," Chapter 4, entitled "General Penalty," Section 2D to provide that the Civil
Penalty for over-occupancy of a rental unit be $750.00 for first violation and $1,000.00 for
second and subsequent violations under both the Zoning Code and the Housing Code, be
given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the motion carried.
Moved by Champion, seconded by Wilburn, to consider a resolution establishing a
schedule of fees and charges for Affiliate Group's use of Parks and Recreation services and
programs. The following individuals appeared: Bill Graf, Iowa City Boys Baseball; and Jason
Armstrong, Iowa City Kickers. Parks & Recreation Director Moran present for discussion.
Individual Council Members expressed their views. Moved by Bailey, seconded by
Champion, to defer indefinitely and pursuer a joint meeting with the Parks & Recreation
Commission. The Mayor declared the motion carried, 6/1, with the following division of roll
call vote: Ayes: Bailey, Champion, Dickens, Hayek, Mims, Wright. Nays: Wilburn.
Moved by Champion, seconded by Mims, to adopt RES. 10-138, ESTABLISHING
FEES FOR SOLID WASTE SERVICES FOR ITEMS LEFT ON PUBLIC RIGHT OF WAY.
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. 10-139, AWARDING
CONTRACT to Aqua Logic Inc. for $207,250. 00 AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE
MERCER PARK AQUATIC CENTER POOL FILTER REPLACEMENT PROJECT.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted.
Moved by Wright, seconded by Mims, to adopt RES. 10-140, DECLARING THE
PLATTED ALLEY EAST OF 636 AND 638 SOUTH GOVERNOR STREET OPEN TO THE
PUBLIC. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
Moved by Bailey, seconded by Champion, to adopt RES. 10-141, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE IOWA DEPARTMENT OF
TRANSPORTATION FUNDING AGREEMENT FOR THE REPLACEMENT OF THE
ROCHESTER AVENUE BRIDGE OVER RALSTON CREEK BRM-3715(650)-8N-52.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted.
Moved by Wilburn, seconded by Wright, to adopt RES. 10-142, AWARDING
CONTRACT to Feldman Concrete for $67,066.95 AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF 2010
PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT. 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. 10-143, AWARDING
CONTRACT to Knutson Construction for $3,784,000.00 AND AUTHORIZING THE MAYOR
Complete Description
April 27, 2010
Page 6
TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF
EAST SIDE RECYCLING CENTER PROJECT. Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the resolution adopted.
Moved by Wilburn, seconded by Mims, to adopt RES. 10-144, AWARDING
CONTRACT to Gaylord Construction for $65,660.00 AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF 2010
WATER MAIN DIRECTIONAL BORING PROJECT. Affirmative roll call vote unanimous, 7/0,
all Council Members present. The Mayor declared the resolution adopted.
Moved by Mims, seconded by Dickens, to adopt RES. 10-145, AWARDING
CONTRACT to Municipal Pipe Tool Company for $102,192.25 AND AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF 2010 SANITARY SEWER REHABILITATION PROJECT. Affirmative
roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the
resolution adopted.
Moved by Wright, seconded by Champion, to adopt 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. The Mayor declared
the resolution defeated, 0/7, all Council Members present.
Moved by Mims, seconded by Wright, to adopt RES. 10-146, APPROVING,
AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND SLAVIN MANAGEMENT CONSULTANTS FOR SERVICES IN CONNECTION
WITH THE SEARCH FOR A NEW CITY MANAGER. Affirmative roll call vote unanimous, 7/0,
all Council Members present. The Mayor declared the resolution adopted. Moved by
Wilburn, seconded by Mims, to accept correspondence from Robert Slavin. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Champion, seconded by Mims, to approve the appointment of a Student
Liaison Elliott Higgins from the University of Iowa Government (UISG) to the City Council
May 1, 2010 until May 1, 2011. Outgoing Liaison Jeff Shipley thanked Council for the
opportunity, highlighted his year and introduced the new student liaison Elliot Higgins.
Liaison Higgins made a brief statement. The Mayor presented a Certificate of Appreciation to
Liaison Shipley and declared the motion carried, 7/0, all Council Members present.
The Mayor noted the previously announced vacancies to Boards and Commissions:
Airport Commission for an unexpired term, effective upon appointment, ending March 1,
2012; 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 a
six-year term January 1, 2006 -December 31, 2011; Airport Zoning Commission for asix-
yearterm January 1, 2010 -December 31, 2015; Appeals, Board of, for afive-year term
January 1, 2009 -December 31, 2013, for a Mechanical Professional; Library, Board of
Trustees for an unexpired term, effective upon appointment, ending June 30, 2013; Police
Citizens Review Board for an unexpired term, effective July 1, 2010, ending September 1,
2013; Youth Advisory Commission for atwo-year term for Tate High, January 1, 2009 -
December 31, 2010; Youth Advisory Commission for atwo-year term for Regina High,
January 1, 2010 -December 31, 2011. Applications must be received by 5:00 p.m.,
Wednesday, May 5, 2010.
Complete Description
April 27, 2010
Page 7
The Mayor noted the current vacancy: Historic Preservation Commission for an At-
Large unexpired term, effective upon appointment, ending March 29, 2011. Applications
must be received by 5:00 p.m., Wednesday, June 9, 2010. Moved by Wilburn, seconded by
Wright, to accept correspondence from Lindsay Bunting Eubanks. The Mayor declared the
motion carried unanimously, 7/0, all Council Members present.
Moved by Bailey, seconded by Wilburn, to reappoint Wally Plahutnik, 430 N. Gilbert
Street and Michelle Payne, 1126 Village Farm Court, to the Planning & Zoning Commission
for two five-year terms May 1, 2010 -May 1, 2015. The Mayor declared the motion carried
6/1, with the following division of roll call vote. Ayes: Wilburn, Wright, Bailey, Champion,
Dickens, Hayek. Nays: Mims. Correspondence from Wally Plahutnik, Matt Farrell received.
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 Members individually thanked outgoing Student Liaison Jeff Shipley for his
service.
Council Member Bailey noted the opening of Farmers Market on Saturday, May 1, and
the changes being made in response to the community survey; and thanked the Parks &
Recreation Commission for their efforts.
Mayor Pro tem Wilburn announced the hiring Steve Murley as new Iowa City
Community School Supt. And stated he was looking forward to working with him.
Acting Asst. City Manager and Public Works Director Fosse announced that the City
had begun steam cleaning downtown alleys and after that is completed would proceed with
the annual steam cleaning of the Pedestrian Mall.
Moved by Wilburn, seconded by Wright, to adjourn meeting 8:45 p.m. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Matthew J. Ha ek, ayor
Mar' K. Karr, City Clerk
~•_,---.r,®~ C1TY OF IOWA CITY 5a1
®~~-~ RA N D C~ M
~~~Q
Date: April 13, 2010
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, April 5, 2010, 6:30 PM in Emma J. Harvat Hall
Council: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright
UISG Rep.: Shipley
Staff: Helling, Dilkes, Fosse, Karr, Boothroy, O'Malley, Laverman, Moreno, Hargadine
M. Johnson
(A complete transcription is available in the City Clerk's Office and the City website)
ADDITION TO FORMAL AGENDA
Majority agreed to make the following changes/additions to the formal agenda:
o Correction of 3/29 minutes re Council Member names in roll call vote
o Addition of # 4b, final plat for Wal-Mart Subdivision
IP#2 of 4/1/101nfo Packet]
HPC Staff Kuecker and HPC Members Bunting Eubanks, Wagner, Baldridge, Trimble, Michaud,
and McMahon present for discussion of practices and procedures.
STAFF ACTION: None at this time.
COUNCIL APPOINTMENTS
Airport Zoning Brd of Adjustment - No applicants, re-advertise
Airport Zoning Commission - No applicants, re-advertise
Board of Appeals - No applicants, re-advertise
Youth Advisory Commission -Jerry Gao (At-Large)
AGENDA ITEMS
1. (Agenda item # 12 -Ordinance amending Title 4, .... To prohibit persons who are under
"legal age" .... From entering or remaining in establishments with liquor control licenses or
wine or beer permits ...) In response to Council Member Dickens, a majority of Council was
not interested in delaying the implementation of the ordinance until after a November
election.
NEIGHBORHOOD ENFORCEMENT RE: HOUSE PARTIES [IP#3 of 4/1/101nfo Packet]
Police Chief Hargadine, Police Capt. Johnson and HIS Dir. Boothroy present for discussion
STAFF ACTION: Proceed as outlined.
Council Work Session
April 5, 2010
Page 2
FLUORIDATION OF WATER [IP#4 of 4/1/101nfo Packet]
Water Supt. Moreno and Acting Asst. City Mgr. & Public Works Dir. Fosse present for
discussion. UISG Liaison Shipley distributed copies of "Fluoride Supplement Dosage Schedule
- 1994" (archived). Majority agreed to continue present practice.
STAFF ACTION: None at this time.
MID-YEAR BUDGET STATUS REPORT [IP#6 of 4/1/101nfo Packet]
Finance Director O'Malley, Interim City Manager Helling, and Acting Asst. City Mgr. & Public
Works Dir. Fosse present for discussion.
STAFF ACTION: None at this time.
DEBT SERVICE LEVY POLICY [IP#5 of 4/1/10 Info Packet]
Finance Director O'Malley present for discussion. Majority agreed with the Finance Director 's
recommendation increasing the maximum debt service levy percentage limit to 30 percent of the
total City tax levy, and not utilize a percentage of the State maximum.
STAFF ACTION: Implement in next budget. (O'Malley)
PROCESS FOR INTERVIEW OF SEARCH FIRMS [IP#7 of 4/1/10 Info Packet]
Majority agreed to:
- the Mayor work with City staff to develop small group of questions to be used for each
firm interviewed on April 9
- lunch provided and work through lunch to have a decision on a firm by the end of the
session
- after selection of a firm the Mayor and City Attorney will negotiate a contract with
assistance form Council Members Dickens and Champion; and final approval by Council
resolution
STAFF ACTION: List distributed at the beginning of the April 9 interview work session.
INFORMATION PACKET DISCUSSION (Mar 25 & Apr 1]
March 25 Information Packet:
• Majority agreed that the proposed June 30 joint meeting date would work and directed
the City Clerk to communicate that to North Liberty.
April 1 Information Packet:
• Champion noted the importance of setting special meetings for interviewing candidates
as soon as possible given the summer vacation months. Karr stated that would be
something to discuss with the firm selected. Majority asked that the community profile
developed by the last executive search firm be included in the information packet prior to
interviews on April 9.
• Interim City Manager Helling noted the work session pending list included a presentation
by the Airport Commission on their Strategic Plan; and questioned whether than having
a joint meeting for the presentation if the Council was comfortable with the Commission
simply presenting the Plan at the formal meeting on April 27th. A work session or joint
meeting could be scheduled after the presentation if necessary. Council agreed.
Council Work Session
April 5, 2010
Page 3
COUNCIL TIME
1. Council Member Bailey noted at the last JCCOG meeting that JC Supr. Rettig brought up
the Aviation Trust Fund being zeroed out and the potential impact that would have on the
Airport; and asked Interim City Manager Helling to follow up with JCCOG staff Yapp for a
response prior to the next JCCOG meeting.
2. Council Member Bailey referenced discussion earlier in the evening with the Historic
Preservation Commission regarding a Dubuque initiative with banks for loans for historic
preservation projects and asked staff to report back on the program.
3. Council Member Mims expressed interest, assuming the bar entry ordinance (item # 12)
would pass, for the Council to pursue exceptions to the "legal age" requirements to
preserve live music venues by brainstorming some options at a future work session. She
also questioned possible penalties for establishments that knowingly provide wrist bands to
individuals under "legal age". City Atty. Dilkes suggested that Council discuss the issues at
the formal meeting the next evening when interested individuals were present for the
discussion.
BUDGET PRIORITIES
None
SUMMARY OF PENDING WORK SESSION ISSUES [IP#8 of 4/1/10 Info Packet]
None
UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS
Council Member Bailey offered to do the KGAN interview regarding the bar entry ordinance at
5AM on April 6.
Council Member Dickens offered to represent Council at the St. Patrick's open house schedule
on April 13. Mayor Hayek also stated he would try and attend.
DISCUSSION OF MEETING SCHEDULES
None
Meeting adjourned 8:55p.m.
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 - 4/6/10
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 Helen Lemme
Elementary students: Claire Herting, Ella Ostedgaard, and Natalia Turner.
Moved and seconded that the following items and recommendations in the Consent
Calendar be received, or approved, and/or adopted as amended:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: March 22, Special Council Work Session; March 23, Special Council
Formal Official and Complete; March 29, 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): Human
Rights Commission -February 16, 2010; Planning and Zoning Commission -February
4, 2010; Housing and Community Development Commission -March 11, 2010.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Class C Beer Permit for Suburban BP AMOCO, 1905 Keokuk St.; Class C
Liquor License for EI Banditos, 327 E. Market St.; Renewal: Class C Liquor License for
Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St.; Outdoor Service Area for Bob's
Your Uncle Pizza Cafe, 2208 N. Dodge St.; Class C Liquor License for Deadwood, 6
S. Dubuque St.; Outdoor Service Area for Deadwood, 6 S. Dubuque St.; Special Class
C Liquor License for Oyama Sushi Japanese Restaurant, 1853 Lower Muscatine Rd.;
Special Class C Liquor License for Panchero's Mexican Grill, 965 S. Riverside Dr.;
Class C Liquor License for La Reyna, 1937 Keokuk St.; Class C Liquor License for
Caliente Night Club, Inc., 171 Hwy. 1 West. RES. 10-106, TO ISSUE DANCING
PERMIT to Caliente Night Club, Inc., 171 Hwy. 1 West.
Resolutions: RES. 10-107, 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 THREE GUYS HOLDINGS, LLP, AND TENANT J.J.G., LLC,
D/B/A T-SPOONS, FOR A SIDEWALK CAFE; RES. 10-108, 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 UNIVERSITY VIEW PARTNERS, AND
TENANT TAKANAMI LLC D/B/A TAKANAMI, FOR A SIDEWALK CAFE; RES. 10-
109, 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 LAURENCE
Official Actions
April 6, 2010
Page 2
SHORT, ET AL, AND TENANT SHORT'S BURGER AND SHINE LLC, INC. D/B/A
SHORT'S BURGER AND SHINE, FOR A SIDEWALK CAFE; RES. 10-110,
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 MARC MOEN
ET AL, AND TENANT LINN STREET CAFE INC. D/B/A LINN STREET CAFE, FOR A
SIDEWALK CAFE; RES. 10-111, 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 BILL MIHALOPOULOS, AND TENANT ATLAS WORLD GRILL,
INC. D/B/A ATLAS WORLD GRILL, FOR A SIDEWALK CAFE; RES. 10-112,
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 UNIVERSITY
VIEW PARTNERS, AND TENANT DAWIT'S RESTAURANT D/B/A DAVID'S PLACE,
FOR A SIDEWALK CAFE; RES. 10-113, 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 MAUREEN MONDANARO, AND TENANT SALOON OF
IOWA CITY, L.C., D/B/A SALOON, FOR A SIDEWALK CAFE; RES. 10-114,
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 MAUREEN
MONDANARO, AND TENANT GIVANNI'S OF IOWA CITY D/B/A GIVANNI'S, FOR A
SIDEWALK CAFE; RES. 10-115, 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 THREE GUYS HOLDINGS LLP, AND TENANT CORNER OF
THE MEADOW, INC. D/B/A MOTLEY COW CAFE, FOR A SIDEWALK CAFE.
Correspondence: Kathryn Kunert regarding MidAmerican Energy Company Iowa
City Community Report 2009; Brian Cramer regarding Potential Google Fiber Bid; Tim
Kelly regarding Smoking in the ped mall; Mark Amberg regarding Sand in the streets
[staff response included]; Mike Thayer regarding Presidential visit (response from
Coralville Council Member Thomas Gill]; Sue Rich (x2) regarding Message from a 4tn
Generation Iowan; Teresia Bennett regarding Digital Sign/Taxi Cabs [staff response
included]; Jeff Edberg regarding Modification of CDBG Grant Proposal [copy of letter
sent to Planning and.Community Development]; Jason Armstrong regarding Usage fees
for the Iowa City Kickers fields; Petition regarding Request for Sunday Bus Service-over
900 signatures received; Elizabeth Smothers regarding Panhandling; Letters from Cathy
Justus, Jim Schultz, Jody Murph, Paul Beeber, Rhys Jones, Anita Knight, Kathleen
Henderson regarding Water Fluoridation.
The Mayor declared the motion carried.
Downtown Association rep. Leah Cohen introduced new Executive Director Nick
Arnold; and shared frustrations working with City staff to move the River fest event to
downtown. Nick Arnold stated he was looking forward to his new role as DTW Executive
Official Actions
April 6, 2010
Page 3
Director. The following individuals appeared requesting Council consideration of Sunday
bus service: Quinn Dilkes, 320 E. Washington St.; Lisa Anthony, 2159 Taylor Dr.; and
Jessica Pannell, 1233 Sandusky Dr. Jeff Shipley, UISH City Council Liaison appeared re
fluoride in City water. Joe Gwinn and Sean Barry, 911 Highland Ave., appeared regarding a
city bill for snow removal.
Moved and seconded to adopt RES. 10-116, APPROVING THE FINAL PLAT OF
WAL-MART SUBDIVISION, IOWA CITY, IOWA (SUB10-00001).
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the 2010 Muscatine Avenue Water Main
Replacement 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. 10-117, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE 2010 MUSCATINE AVENUE WATER MAIN REPLACEMENT
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 a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the Sycamore Street from Langenberg
Avenue to U.S. Highway 6 Improvements 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. 10-118, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE SYCAMORE STREET FROM LANGENBERG AVENUE TO U.S.
HIGHWAY 6 IMPROVEMENTS 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 that the ordinance amending Title 1, entitled "Administration,"
Chapter 4, entitled "General Penalty," Section 2D to provide that the civil penalty for over-
occupancy of a rental unit be $750.00 for first violation and $1,000.00 for second and
subsequent violations under both the Zoning Code and the Housing Code, be given first vote.
The Mayor declared the motion carried.
Moved and seconded that ORD. 10-4387, 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 passed and adopted.
Moved and seconded to adopt RES. 10-119, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE
OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER PLAZA
TOWERS LLC, AND TENANT ETRE PLAZA TOWERS RESTAURANT LLC, D/B/A
FORMOSA ASIAN CUISINE, FOR A SIDEWALK CAFE.
Official Actions
April 6, 2010
Page 4
Moved and seconded to adopt RES. 10-120, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION
FUNDING AGREEMENT FOR THE BRIDGE DECK OVERLAY ON IOWA 1 OVER THE
IOWA RIVER PROJECT [FSSN-1-5(87)--3T-52.
Moved and seconded to adopt RES. 10-121, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A COST REIMBURSEMENT AGREEMENT BETWEEN
THE CITY OF IOWA CITY, IOWA, JOHNSON COUNTY, IOWA AND THE JOINT
EMERGENCY COMMUNICATION SERVICES ASSOCIATION OF JOHNSON COUNTY
(JECSA).
Moved and seconded that ORD. 10-4388, AMENDING TITLE 4, ENTITLED
"ALCOHOLIC BEVERAGES", CHAPTER 5, ENTITLED "PROHIBITIONS AND
RESTRICTIONS", SECTION 8 ENTITLED "PERSONS UNDER 19 YEARS OF AGE IN
LICENSED OR PERMITTED ESTABLISHMENTS" OF THE CITY CODE TO PROHIBIT
PERSONS WHO ARE UNDER THE "LEGAL AGE" (CURRENTLY TWENTY-ONE (21)
YEARS OF AGE) FROM ENTERING OR REMAINING IN ESTABLISHMENTS WITH
LIQUOR CONTROL LICENSES OR WINE OR BEER PERMITS BETWEEN THE HOURS
OF 10:00 P.M. AND CLOSING, be passed and adopted. The following individuals appeared:
Mark Brown; University Professor Blake Whitten, 402 - 6t" St (C); University of Iowa President
Sally Mason, 102 Church St.; University Vice-President of Student Services Tom Rocklin, 2
Forest Glen; Jarien Stuffs, 627 Orchard Ct.; Dave Wandolowski, 412 S. Dodge St.; President
of Students for Sensible Drug Policy Marni Steadham, 100 Mayflower Hall; Sarah Hansen,
711 Kimball Rd.; Christine Buzard. Moved and seconded to accept correspondence from
Tom Waters, Jon Shelness, Rich and Barb Parker, Jim Walters, Graham Morris, Stephanie.
Zock, Ronald Heath, John McMahon, Daniel Bissell. The Mayor declared the motion carried.
The Mayor noted the previously announced vacancies: 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; Airport Commission to fill an
unexpired term, effective upon appointment, ending March 1, 2012; Library, Board of
Trustees to fill an unexpired term, effective upon appointment, ending June 30, 2013; Police
Citizens Review Board to fill an unexpired term, effective July 1, 2010, ending September 1,
2013. Applications must be received by 5:00 p.m., Wednesday, May 5, 2010. Applicants
MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated.
Moved and seconded to appoint Jerry Gao, 29 Coll Court, to the Youth Advisory
Commission for an At-Large unexpired term effective upon appointment, ending December
31, 2011. The Mayor declared the motion carried.
The Mayor noted that no applications had been received for the following Boards and
Commissions and all will be readvertised: Airport Zoning Brd of Adjustment 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, 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. [Staff will not publish additional notices
Official Actions
April 6, 2010
Page 5
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 8:38 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 ~`~-
Sub~/tted for publication -4/13/10.
~~®~ CITY O F I O lNA C I T 5a 3
®~~-~ RA ~ D u ~
~E~C~
Date: April 14, 2010
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, April 9, 2010, 8:00 AM in Emma J. Harvat Hall
Council: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright
Staff: Helling, Dilkes, Karr
(A complete transcription is available in the City Clerk's Office and the City website)
Interviews were held with the four executive search firms as follows:
8:00 AM -Colin Baenziger & Associates (Colin Baenziger)
[handout archived]
9:00 AM -The Mercer Group, Inc. (Clark Wurzberger)
10:00 AM -Brimeyer Fursman, Ilc. (Jim Brimeyer & Richard Fursman)
[power point archived]
11:00 AM -RECESS
1:00 PM -Slavin Management Consultants (Bob Slavin)
[power point archived]
Council selected Slavin Management Consultants as the preferred executive search firm and
directed staff to begin negotiating the contract for Council approval at the April 27 formal
meeting. Mayor Hayek, and Council Members Champion and Dickens, will assist staff in
negotiations as needed.
Meeting adjourned 2:20 p.m.
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
APRIL 6, 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, Davidson, Hart, Panos,
Havel.
The Mayor presented Outstanding Student Citizenship Awards to Helen Lemme
Elementary students: Claire Herting, Ella Ostedgaard, and Natalia Turner.
Moved by Champion, seconded by Wilburn, that the following items and
recommendations in the Consent Calendar be received, or approved, and/or adopted as
amended:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: March 22, Special Council Work Session; March 23, Special Council
Formal Official and Complete; March 29, 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): Human
Rights Commission -February 16, 2010; Planning and Zoning Commission -February
4, 2010; Housing and Community Development Commission -March 11, 2010.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Class C Beer Permit for Suburban Investors, LLC, dba Suburban BP AMOCO,
1905 Keokuk St.; Class C Liquor License for The Bandits. LLC, dba EI Banditos, 327
E. Market St.; Renewal: Class C Liquor License for Iowa City Eastside Cafe, Inc., dba
Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St.; Outdoor Service Area for Iowa City
Eastside Cafe, Inc., dba Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St.; Class C
Liquor License for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St.;
Outdoor Service Area for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St.;
Special Class C Liquor License for Oyama Sushi, Inc., dba Oyama Sushi Japanese
Restaurant, 1853 Lower Muscatine Rd.; Special Class C Liquor License for Freshmex
Iowa City, LLC, dba Panchero's Mexican Grill, 965 S. Riverside Dr.; Class C Liquor
License for La Reyna, Inc., dba La Reyna, 1937 Keokuk St.; Class C Liquor License
for Caliente Night Club, Inc., dba Caliente Night Club, Inc., 171 Hwy. 1 West. RES.
10-106, TO ISSUE DANCING PERMIT to Caliente Night Club, Inc., dba Caliente Night
Club, Inc., 171 Hwy. 1 West.
Resolutions: RES. 10-107, 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 THREE GUYS HOLDINGS, LLP, AND TENANT J.J.G., LLC,
D/B/A T-SPOONS, FOR A SIDEWALK CAFE; RES. 10-108, 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 UNIVERSITY VIEW PARTNERS, AND
TENANT TAKANAMI LLC D/B/A TAKANAMI, FOR A SIDEWALK CAFE; RES. 10-
Complete Description
April 6, 2010
Page 2
109, 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 LAURENCE
SHORT, ET AL, AND TENANT SHORT'S BURGER AND SHINE LLC, INC. D/B/A
SHORT'S BURGER AND SHINE, FOR A SIDEWALK CAFE; RES. 10-110,
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 MARC MOEN
ET AL, AND TENANT LINN STREET CAFE INC. D/B/A LINN STREET CAFE, FOR A
SIDEWALK CAFE; RES. 10-111, 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 BILL MIHALOPOULOS, AND TENANT ATLAS WORLD GRILL,
INC. D/B/A ATLAS WORLD GRILL, FOR A SIDEWALK CAFE; RES. 10-112,
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 UNIVERSITY
VIEW PARTNERS, AND TENANT DAWIT'S RESTAURANT D/B/A DAVID'S PLACE,
FOR A SIDEWALK CAFE; RES. 10-113, 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 MAUREEN MONDANARO, AND TENANT SALOON OF
IOWA CITY, L.C., D/B/A SALOON, FOR A SIDEWALK CAFE; RES. 10-114,
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 MAUREEN
MONDANARO, AND TENANT GIVANNI'S OF IOWA CITY D/B/A GIVANNI'S, FOR A
SIDEWALK CAFE; RES. 10-115, 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 THREE GUYS HOLDINGS LLP, AND TENANT CORNER OF
THE MEADOW, INC. D/B/A MOTLEY COW CAFE, FOR A SIDEWALK CAFE.
Correspondence: Kathryn Kunert regarding MidAmerican Energy Company Iowa
City Community Report 2009; Brian Cramer regarding Potential Google Fiber Bid; Tim
Kelly regarding Smoking in the ped mall; Mark Amberg regarding Sand in the streets
[staff response included]; Mike Thayer regarding Presidential visit [response from
Coralville Council Member Thomas Gill]; Sue Rich (x2) regarding Message from a 4cn
Generation Iowan; Teresia Bennett regarding Digital Sign/Taxi Cabs [staff response
included]; Jeff Edberg regarding Modification of CDBG Grant Proposal [copy of letter
sent to Planning and Community Development]; Jason Armstrong regarding Usage fees
for the Iowa City Kickers fields; Petition regarding Request for Sunday Bus Service-over
900 signatures received; Elizabeth Smothers regarding Panhandling; Letters from Cathy
Justus, Jim Schultz, Jody Murph, Paul Beeber, Rhys Jones, Anita Knight, Kathleen
Henderson regarding Water Fluoridation.
Complete Description
April 6, 2010
Page 3
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the motion carried.
Downtown Association rep. Leah Cohen introduced new Executive Director Nick
Arnold; and shared frustrations working with City staff to move the River fest event to
downtown. Nick Arnold stated he was looking forward to his new role as DTW Executive
Director. The following individuals appeared requesting Council consideration of Sunday
bus service: Quinn Dilkes, 320 E. Washington St.; Lisa Anthony, 2159 Taylor Dr.; and
Jessica Pannell, 1233 Sandusky Dr. Jeff Shipley, UISH City Council Liaison appeared re
fluoride in City water. Joe Gwinn and Sean Barry, 911 Highland Ave., appeared regarding a
city bill for snow removal. City Atty. Dilkes suggested they provide contact information and
City staff would follow up.
Moved by Bailey, seconded by Wilburn, to adopt RES. 10-116, APPROVING THE
FINAL PLAT OF WAL-MART SUBDIVISION, IOWA CITY, IOWA (SUB10-00001). PCD Dir.
Davidson present for discussion. 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 2010 Muscatine Avenue Water Main
Replacement 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 Wilburn, seconded by Wright, to adopt RES. 10-117, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE 2010 MUSCATINE AVENUE WATER MAIN REPLACEMENT
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 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 Sycamore Street from Langenberg
Avenue to U.S. Highway 6 Improvements 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. 10-118, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE SYCAMORE STREET FROM LANGENBERG AVENUE TO U.S.
HIGHWAY 6 IMPROVEMENTS 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 7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Bailey, seconded by Wright, that the ordinance amending Title 1, entitled
"Administration," Chapter 4, entitled "General Penalty," Section 2D to provide that the civil
penalty for over-occupancy of a rental unit be $750.00 for first violation and $1,000.00 for
second and subsequent violations under both the Zoning Code and the Housing Code, 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.
Complete Description
April 6, 2010
Page 4
Moved by Champion, seconded by Mims, that the ORD. 10-4387, 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
passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the ordinance adopted.
Moved by Wilburn, seconded by Dickens, to adopt RES. 10-119, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR
TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY,
LANDOWNER PLAZA TOWERS LLC, AND TENANT ETRE PLAZA TOWERS
RESTAURANT LLC, D/B/A FORMOSA ASIAN CUISINE, FOR A SIDEWALK CAFE.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted.
Moved by Bailey, seconded by Mims, to adopt RES. 10-120, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF
TRANSPORTATION FUNDING AGREEMENT FOR THE BRIDGE DECK OVERLAY ON
IOWA 1 OVER THE IOWA RIVER PROJECT [FSSN-1-5(87)--3T-52. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Wright, seconded by Wilburn, to adopt RES. 10-121, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A COST REIMBURSEMENT
AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, JOHNSON COUNTY, IOWA
AND THE JOINT EMERGENCY COMMUNICATION SERVICES ASSOCIATION OF
JOHNSON COUNTY (JECSA). 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 Wright, seconded by Champion, that ORD. 10-4388, AMENDING TITLE 4,
ENTITLED "ALCOHOLIC BEVERAGES", CHAPTER 5, ENTITLED "PROHIBITIONS AND
RESTRICTIONS , SECTION 8 ENTITLED PERSONS UNDER 19 YEARS OF AGE IN
LICENSED OR PERMITTED ESTABLISHMENTS" OF THE CITY CODE TO PROHIBIT
PERSONS WHO ARE UNDER THE "LEGAL AGE" (CURRENTLY TWENTY-ONE (21)
YEARS OF AGE) FROM ENTERING OR REMAINING IN ESTABLISHMENTS WITH
LIQUOR CONTROL LICENSES OR WINE OR BEER PERMITS BETWEEN THE HOURS
OF 10:00 P.M. AND CLOSING, be passed and adopted. The following individuals appeared:
Mark Brown; University Professor Blake Whitten, 402 - 6th St (C); University of Iowa President
Sally Mason, 102 Church St.; University Vice-President of Student Services Tom Rocklin, 2
Forest Glen; Jarien Stutts, 627 Orchard Ct.; Dave Wandolowski, 412 S. Dodge St.; President
of Students for Sensible Drug Policy Marni Steadham, 100 Mayflower Hall; Sarah Hansen,
711 Kimball Rd.; Christine Buzard. Individual Council Members expressed their views.
The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote:
Ayes: Champion, Dickens, Hayek, Mims, Wilburn, Wright. Nays: Bailey, Absent: None.
Moved by Wilburn, seconded by Wright, to accept correspondence from Tom Waters, Jon
Shelness, Rich and Barb Parker, Jim Walters, Graham Morris, Stephanie Zock, Ronald
Complete Description
April 6, 2010
Page 5
Heath, John McMahon, Daniel Bissell. The Mayor declared the motion carried unanimously,
7/0, all Council Members present.
The Mayor noted the previously announced vacancies: 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; Airport Commission to fill an
unexpired term, effective upon appointment, ending March 1, 2012; Library, Board of
Trustees to fill an unexpired term, effective upon appointment, ending June 30, 2013; Police
Citizens Review Board to fill an unexpired term, effective July 1, 2010, ending September 1,
2013. Applications must be received by 5:00 p.m., Wednesday, May 5, 2010. Applicants
MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated.
Moved by Wright, seconded by Mims, to appoint Jerry Gao, 29 Coll Court, to the Youth
Advisory Commission for an At-Large unexpired term effective upon appointment, ending
December 31, 2011. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
The Mayor noted that no applications had been received for the following Boards and
Commissions and all will be readvertised: Airport Zoning Brd of Adjustment 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, 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. [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 requested that Council schedule time at an upcoming work
session for a discussion on the request for Sunday bus services; and requested some
numbers from staff. Majority agreed to schedule.
Acting Asst. City Manager and Public Works Dir. Fosse noted a collaborative grant
awarded to the Library and the Public Works Department from the ICMA and Gates
Foundation and stated a representative of the Foundation would be in Iowa City April 22 & 23
(around Earth Day) and would like an opportunity to meet individually with Council Members
and stated staff would be following up with Council on scheduling.
City Atty. Dilkes corrected a statement to made at the work session the previous
evening by stating the maximum fine for a Disorderly House was $625 but the fine is still
within the judge's discretion.
Moved by Wilburn, seconded by Mims, to adjourn meeting 8:38 p.m. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk