HomeMy WebLinkAbout2010-08-17 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
AUGUST 17, 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 (7:34 PM), Wright.
Absent: None. Staff members present: Helling, Dilkes, Karr, Moran, Knoche, Davidson, Ream.
The Mayor proclaimed Get Moving for Healthy Kids Day -August 29, 2010, Colleen Davis
accepting; Social Security-Go Green, Go Online, Going Strong at 75 Day-August 14, 2010.
The City Council presented a certificate of appreciation to Interim City Manager Dale
Helling in recognition of his 35 years of service to the City.
Moved by Champion, seconded by Wright, 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: July 12, Special Council Work Session; July 12, 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): Historic
Preservation Commission -June 10, 2010; Historic Preservation Commission -May 27,
2010; Board of Adjustment: June 9, 2010; Airport Commission -July 1, 2010;
Airport Commission -June 17, 2010; Human Rights Commission -June 15, 2010; Parks
and Recreation Commission -May 12, 2010; Senior Center Commission -June 17, 2010;
Senior Center Commission -May 20, 2010; Youth Advisory Commission -April 12, 2010;
Telecommunications Commission -June 26, 2010; Police Citizens Review Board -July 21,
2010; Police Citizens Review Board -July 13, 2010; Police Citizens Review Board -June
24, 2010; Police Citizens Review Board -May 11, 2010; Board of Appeals -May 3, 2010;
Civil Service Commission -July 27, 2010.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Class C Liquor License for Oyama Sushi Ni's, Inc., dba Oyama Sushi, 1853 Lower
Muscatine Rd.; Temporary 5- Day Class B Beer Permit for Iowa City Fall Fun Festival,
Inc., dba Iowa City Fall Fun Festival Tent A, 2140 Rochester Avenue. (9/3/10 - 9/6/10);
Temporary 5-Day Class B Beer Permit for Iowa City Fall Fun Festival, Inc., dba Iowa City
Fall Fun Festival Tent B, 2140 Rochester Avenue. (9/3/10 - 9/6/10); Temporary Outdoor
Service for Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival. 2140
Rochester Ave. (9/3/10 - 9/6/10). Renewal: Class C Liquor License for DTW, Inc., dba
T.C.B., 114 E. College St.; Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee
Drugstore, 310 N. First Ave.; Class C Beer Permit for Delimart Properties, Inc., dba Deli
Mart #1, 525 Hwy 1 W.; Class C Beer Permit for Delimart Properties, Inc., dba Deli Mart
#2, 1920 Lower Muscatine Rd.; Class C Beer Permit for Delimart Properties, Inc., dba Deli
Mart #3, 2410 Mormon Trek Blvd.; Class C Beer Permit for Delimart Properties, Inc., dba
Deli Mart #5, 206 E. Benton St.; Class C Liquor License for Iowa City Aerie #695 Fraternal
Order of Eagles, Inc., dba Fraternal Order of Eagles Iowa City Aerie #695, 225 Hwy 1 W.;
Class C Liquor License for High Energy Food Concepts, Inc., dba Martini's, 127 E. College
St.; Outdoor Service area for High Energy Food Concepts, Inc., dba Martini's, 127 E.
College St.; Class C Beer Permit for Jason Caylor dba Liquor Downtown, 313 S. Gilbert
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August 17, 2010
Page 2
St.; Class C Liquor License for Orchard Green, Inc., dba Orchard Green Restaurant, 521
S. Gilbert St.
Class C Liquor License for Chackalackal, Inc., dba One Twenty Six, 126 E. Washington
St.; Class C Beer Permit for L & M Mighty Shop, Inc., dba L & M Mighty Shop, 504 E.
Burlington St.; Class C Beer Permit for IC Pit Stop, LLC, dba I.C. Pit Stop, 300 Kirkwood
Ave.; Class C Liquor License for Iowa City Fieldhouse Co. ,Inc., dba Field House, 111 E.
College St.; Class C Liquor License for Chipotle Mexican Grill of Colorado, Inc., dba
Chipotle Mexican Grill, 201 S. Clinton Suite 112; Outdoor Service Area for Chipotle
Mexican Grill of Colorado, Inc., dba Chipotle Mexican Grill, 201 S. Clinton Suite 112;
Special Class C Liquor License for Englert Civic Theatre, LP, dba Englert Theatre, 221 E.
Washington St.; RES. 10-362, TO ISSUE DANCING PERMIT to Iowa City Aerie #695
Fraternal Order of Eagles, Inc., dba Fraternal Order of Eagles Iowa City Aerie #695, 225
Hwy 1 W.; Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival. 2140
Rochester Ave.; Iowa City Fieldhouse Co. ,Inc., dba Field House, 111 E. College St.
Motion: Approve disbursements in the amount of $23,205,240.13 for the period of
June 1 through June 30, 2010, as recommended by the Finance Director subject to audit.
Resolutions: RES. 10-363, NAMING DEPOSITORIES; RES. 10-364,
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 1026 FAIRCHILD STREET, IOWA CITY, IOWA; RES. 10-
365, 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 1931 CHELSEA COURT, IOWA CITY, IOWA; .RES. 10-366,
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, CORALVILLE, IOWA FOR PROPERTY LOCATED AT
1015 DIANA STREET, IOWA CITY, IOWA; RES. 10-367, AUTHORIZING THE MAYOR
TO EXEUCTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST
COMPANY, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 950 OXEN LANE,
IOWA CITY, IOWA; RES. 10-368, AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE
FOR THE PROPERTY LOCATED AT 425 UPLAND AVENUE, IOWA CITY, IOWA; RES.
10-369, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTY
LOCATED AT 1410 S. FIRST AVENUE, IOWA CITY, IOWA; RES. 10-370, ACCEPTING
THE WORK FOR THE PAVING PUBLIC IMPROVEMENTS FOR LOT 78 OF WALNUT
RIDGE -PART SEVEN, AND DECLARING SAID PUBLIC IMPROVEMENTS OPEN FOR
PUBLIC ACCESS AND USE; RES. 10-371, REMOVING 731 BOWERY STREET FROM
THE ASSESSMENT SCHEDULE AND DIRECTING THE CLERK NOT TO CERTIFY THE
SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME
MANNER AS PROPERTY TAXES.
Complete Description
August 17, 2010
Page 3
Correspondence: Acting Traffic Engineering Planner regarding Removal of (1) NO
PARKING ANY TIME EXCEPT SUNDAYS sign, and installation of (1) NO PARKING ANY
TIME sign in the south half of the 100 block of N. Dubuque Street; JCCOG Traffic
Engineering Planner regarding Remove (1) TRANSIT STOP sign on the east side of the
200 block of S. Clinton Street, south of the pedestrian mall entrance; JCCOG Traffic
Engineering Planner regarding Installation of NO PARKING ANY TIME signs on the
turnaround on the north end of Woolf Avenue; Acting Traffic Engineering Planner
regarding Installation of (1) NO PARKING CORNER TO HERE sign on the northeast
corner of the intersection of Bloomington Street and Reno Street; Tim Taffe regarding
Plastic bags; Karen Dolan and Emma Boorboor regarding Local Jobs Resolution; John
Northup regarding Sculpture idea at the crossroads of Rochester Ave [staff response
included]; Allen Stroh regarding City of Literature [staff response included]; Steven Miller,
Terri Byers, Chris Weinard regarding City Manager Search; Timothy Grady regarding
Kennedy-Hilgenberg Enterprises, Inc./Wild Prairie Estates, Part Five; Arlene Brenneman
regarding 1St Avenue truck traffic concern; Alicia Ambler regarding Urban chickens; Magic
Bus letter from Peter Anderson [staff response included] Mitch Thomann; City Engineer
regarding Competitive Quotation Results; Tracy Barkalow, Jimmy Clark, Chris Querrey
regarding Stadium Club.
Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the motion carried.
Jimmy Clark, 825 St. Anne's Dr. and Tracy Barkalow appeared regarding the application
for Stadium Club for a temporary use permit and liquor license.
Moved by Champion, seconded by Mims, to set a public hearing for August 31 on an
ordinance amending the Zoning Code, Section 14-3B-1 Historic District Overlay Zone; Section
14-8E-2, Historic Review; Section 14-8E-3, Certificate of Economic Hardship; and Section 14-26-
6, Multifamily Site Development Standards to correspond with amendments to the Historic
Preservation Handbook. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor
declared the motion carried.
A public hearing was held on a resolution adopting amended FY11 Annual Action Plan
which is a sub-part of Iowa City's 2011-2015 Consolidated Plan (City Steps) and authorizing the
city manager to submit said amended plan to use CDBG Disaster Recovery Program income for
the west side levee. Moved by Wright, seconded by Mims, to accept correspondence from Jill
Butler, # 137 Baculis Mobile Home Park; Jim and Mary Beth Hammes, Thatcher Mobile Home
Park; Nancy Quellhorst, Iowa City Area Chamber of Commerce; Senator Robert Dvorsky; John
Balmer, Plumbers Supply; Blake Hendrickson, VW Parts4sale.com; Congressman Dave
Loebsack; Hoe Raso, Iowa City Area Development Group; State Rep. Mary Mascher; and
Senator Joe Bolkcom . The Mayor declared the motion carried unanimously, 6/0, Wilburn absent.
Moved by Bailey, seconded by Dickens, to adopt RES. 10-372, ADOPTING AMENDED
FY11 ANNUAL ACTION PLAN WHICH IS A SUB-PART OF IOWA CITY'S 2011-2015
CONSOLIDATED PLAN (CITY STEPS) AND AUTHORIZING THE CITY MANAGER TO SUBMIT
SAID AMENDED PLAN TO USE CDBG DISASTER RECOVERY PROGRAM INCOME FOR
THE WEST SIDE LEVEE. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor
declared the resolution adopted.
Moved by Champion, seconded by Wright, that the ordinance amending Title 3, entitled
"City Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges,
Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the City Code to
Complete Description
August 17, 2010
Page 4
increase or change certain solid waste charges, be given second vote. Affirmative roll call vote
unanimous, 6/0, Wilburn absent. The Mayor declared the motion carried.
Moved by Mims, seconded by Bailey, to consider Item 9 before Item 8. The Mayor
declared the motion carried unanimously, 6/0, Wilburn absent.
Moved by Bailey, seconded by Dickens, that the ordinance amending Title 5, entitled
~~ «
"Business and License Regulations, Chapter 1, entitled General Licensing Provisions" and
Chapter 2, entitled "Taxicabs" to clarify revocation procedures, rate provisions and driver badge
provisions to place responsibility for issuance of an identification card and driver liability
insurance on the taxicab business, be given first vote. Council Member Wilburn arrived 7:34 PM.
The following individuals appeared: Roger Bradley, Yellow Cab; Marialyce Prior; Mark Paterno,
Marco's Taxi; and Dave Stoddard, Yellow Cab. Individual Council Members expressed their
views. Moved by Wright, seconded by Champion, to amend the ordinance to include a package
delivery fee. The Mayor declared the motion to amend carried unanimously, 7/0, all Council
Members present. Affirmative roll call vote unanimous on the first consideration as amended,
7/0, all Council Members present. The Mayor declared the motion carried as amended. Moved
by Wilburn, seconded by Wright, to accept correspondence from Christopher Bergan, Roger
Bradley, Yellow Cab; Chris Cutkomp, King Taxi, and seven (7) other cab companies. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Champion, seconded by Dickens that the ordinance amending Title 5, entitled
"Business and License Regulations," Chapter 2, entitled "Taxicabs," by repealing Subsections 5-
2-2, "Taxicab Business License; vehicle decals," and 5-2-4, "Vehicle Inspection Required," in their
entirety and replacing them with new subsections; and amending 5-2-7 to provide provisions for
rate changes, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the motion carried.
Moved by Mims, seconded by Wilburn, that the ordinance amending Title 17 of the City
Code, entitled "Building and Housing," Chapter 1, entitled, "Building Code," Section 3, entitled
"Amendments to Code," to delete Section 313 of the International Residential Code, 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 Wilburn, to adopt RES. 10-373, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE IOWA
DEPARTMENT OF CULTURAL AFFAIRS FOR A GRANT FROM THE IOWA GREAT PLACES
PROGRAM. 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. 10-374, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A GRANT AGREEMENT WITH THE
IOWA DEPARTMENT OF TRANSPORTATION (IDOT) FOR EXTENDING THE COURT HILL
TRAILS PROJECT ALONG RALSTON CREEK IN EAST IOWA CITY TO WINDSOR RIDGE.
COURT HILL TRAIL PROJECT PHASE THREE. 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. 10-375, APPROVING,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SNYDER AND
ASSOCIATES PROFESSIONAL ENGINEERS TO PROVIDE ENGINEERING CONSULTANT
SERVICES FOR THE TERRY TRUEBLOOD RECREATION AREA PHASE TWO
Complete Description
August 17, 2010
Page 5
IMPROVEMENT 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. 10-376, AUTHORIZING THE CITY
MANAGER TO SIGN AN AGREEMENT FOR ANON-COMPETITIVE IOWA JOBS PROGRAM
GRANT (A/K/A I-JOBS II) TO MOVE THE NORTH WASTE WATER TREATMENT PLANT.
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. 10-377, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR TEMPORARY
USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE
UNIVERSITY OF IOWA FOR A PORTION OF RIVERSIDE DRIVE IN IOWA CITY, IOWA.
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. 10-378, AWARDING CONTRACT
AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR CONSTRUCTION OF THE PARKS DEPARTMENT MAINTENANCE
FACILITY IMPROVEMENTS PROJECT to Apex Construction for $136,000. Parks & Recreation
Dir. Moran present for discussion. 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. 10-379, 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. Dan Ford, 2357
Willowbrooke Lane, appeared regarding the assessment for Willowbrooke Pointe Condominiums.
Code Enforcement Officer Ream present for discussion. Individual Council Members expressed
their views. Moved by Bailey, seconded by Mims, to amend the assessment for Willowbrooke
Pointe by removing the $75 administrative fee. The Mayor declared the motion to amend carried,
7/0 all Council Members present. Affirmative roll call vote unanimous as amended, 7/0, all
Council Members present. The Mayor declared the resolution adopted as amended. Moved by
Wilburn, seconded by Champion, to accept correspondence from Mark Neary and Don Ford.
The Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Wright, seconded by Mims, to make the following appointments to Boards and
Commissions: reappoint Charles Drum, 1136 Franklin Street, to Housing and Community
Development Commission for athree-year term September 1, 2010 -September 1, 2013;
appoint Angelina Blanchard-Manning, 374 Westgate #6, to Police Citizens Review Board for an
unexpired term, effective upon appointment, ending September 1, 2012. The Mayor declared the
motion carried unanimously, 7/0, all Council Members present. Correspondence received from
Cindy Roberts and Angelina Blanchard-Manning.
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 to fill asix-year term January 1, 2010 -December 31, 2015. Appeals, Board of to fill
Complete Description
August 17, 2010
Page 6
a five-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Youth
Advisory Commission for Tate High for atwo-year term for January 1, 2009 -December 31,
2010. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications
are stated. Applicants MUST reside in Iowa City and be 18 years of age unless specific
qualifications are stated. [Staff will not publish additional notices after a period of six publications;
but will continue to advertise vacancies with postings and on the Council agenda. However, no
additional publication costs will be incurred.]
The Mayor noted the current vacancies: Telecommunications Commission for an
unexpired term, effective upon appointment, ending March 13, 2011; Youth Advisory Commission
for an unexpired term, effective upon appointment, ending December 31, 2011. Correspondence
received from Bob King and Alexandra Tamerius. Applications must be received by 5:00 p.m.,
Wednesday, October 6, 2010.
Council Member Champion inquired when new elevators would be installed in the
Dubuque Street parking facility. Staff will report back.
Council Member Wright noted the Sand In the City event planned downtown August 20-22.
Mayor Pro tem Wilburn noted the opening of 2010-2011 school year and encouraged
citizens to exercise patience and exercise caution.
Council Member Bailey welcomed new people to the community and underlined comments
made by Mayor Pro tem Wilburn to exercise patience; and underscored the service of Interim City
Manager Helling.
Council Member Dickens welcomed University of Iowa student to the community, and
hoped all teachers were "ready" for the school year.
Mayor Hayek wished Council Member Champion a Happy Birthday.
Moved by Wilburn, seconded by Bailey, to adjourn meeting 8:15 p.m. The Mayor declared
the motion carried unanimously, 7/0, all Council Members present.
Interim City Manager Helling thanked Council for the surprise certificate presented at the
beginning of the meeting.
~l_ ,.
Matthew J. Haye ,Mayor
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Mari K. Karr, City Clerk
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~~!~,®~~ CITY 4F IOWA CITY
~E~C~R
Date: July 12, 2010
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, July 12, 2010, 5:30 PM in Emma J. Harvat Hall
Council: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright
UISG Rep: Higgins
Staff: Helling, Dilkes, Fosse, Karr, Davidson, Moran, Yapp, Goodman, Hargadine, Wyss
(A complete transcription is available in the City Clerk's Office and the City website)
PLANNING AND ZONING ITEMS [b,c,e]
PCD Director Davidson present for discussion on the following items:
b) AMENDING THE IOWA CITY ZONING CODE, SECTION 14-4E-8,
NONCONFORMING DEVELOPMENT. (SECOND CONSIDERATION)
PCD Director Davidson requested expedited action due to the summer meeting schedule.
c) AMENDING THE IOWA CITY ZONING CODE, ARTICLES 14-51, SENSITIVE LANDS
AND FEATURES AND 14-9E, SENSITIVE LANDS DEFINITIONS, TO REFINE THE
DEFINITION OF A REGULATED STREAM CORRIDOR. (SECOND
CONSIDERATION)
PCD Director Davidson requested expedited action due to the summer meeting schedule.
e) APPROVING THE PRELIMINARY PLAT OF MOSS GREEN URBAN VILLAGE,
IOWA CITY, IOWA. (SUB10-00005) (DEFERRED FROM 6/1 AND 6/15)
PCD Director Davidson stated staff was still waiting for to hear from the Corps of Engineers
and requested this item, and item # 20, be deferred indefinitely to allow the option of
scheduling a special meeting when a response is received.
COUNCIL APPOINTMENTS
Housing & Community Development Commission -appoint Scott Dragoo
reappoint Holly Hart
readvertise one vacancy
Human Rights Commission -appoint Harry Olmstead
Council Appt to Seats Paratransit Advisory Committee -reappoint Connie Champion
Council Work Session
July 12, 2010
Page 2
AGENDA ITEMS
1. (Agenda item # 26 -authorizing the City Manager to sign an application for I Jobs II Grant
funds .... levee between McCollister Boulevard and Crandic Railroad along the west side of
the Iowa River) City Atty. Dilkes reported that the grant requires the City make a
commitment that we review our Comprehensive Plan to ensure that it contains the Smart
Growth Planning Principles and therefore additional language has been added to the
resolution.
2. (Agenda item # 23 -resolution authorizing ... commercial property lease agreement ...
Southgate Development Services LLC ... Pepperwood ... Police Department Substation)
City Atty. Dilkes noted more accurate information had been received for calculation of fees
and proration of taxes and it appears it will be $700 more than was reported in the Chief's
memo.
3. (Consent Calendar # 4f (15) - resolution authorizing ... memorandum of agreement ... Iowa
Department of Human Services for a summer subsidized employment program at the
Animal Control and Adoption Center) City Atty. Dilkes the addition of this item to the agenda.
4. (Consent Calendar # 4c (1) - Class C Liquor License for .... EI Cactus Authentic Mexican
Cuisine) City Clerk Karr noted that a memo from the Housing and Inspection Services had
been distributed recommending approval of application, and said the Consent Calendar
could be approved as amended.
5. (Agenda item # 33 -resolution adopting assessment schedule ...) City Clerk Karr noted
correspondence received in the packet and one distributed that evening. Majority agreed to
defer both properties to August 17, and requested staff provide more information.
6. (Agenda item # 23 -resolution authorizing ... commercial property lease agreement ...
Southgate Development Services LLC ... Pepperwood ... Police Department Substation) In
response to Council Member Wright, Police Chief Hargadine stated the hours of the
substation would be determined on staff availability and utilization of volunteers, noting there
would be times it would not be open.
7. (Agenda item # 19 -resolution approving an agreement ... DOGPAC for joint maintenance
of and sharing revenues ... Thornberry and Rita's Ranch Off-Leash Dog Parks) In response
to questions, Parks & Rec. Director Moran stated the goal was to staff the park 40-50 hours
a week, and money previously given to DOGPAC would fund the positions.
8. (Agenda item # 26 -resolution authorizing ... application for I-JOBS II Grant funds to build a
levee between McCollister Boulevard and Crandic Railroad along the west side of the Iowa
River) PCD Director Davidson and City Atty. Dilkes responded to questions regarding the
current comprehensive Plan showing the area as residential and the future land use being
commercial.
9. (Agenda item # 25 -resolution ....2010 updating of rates for basic cable services) Council
Member Bailey noted that two channels are currently inoperable. Council Member Wright
stated channels were variable. Interim City Manager Helling asked Council Members to
inform him of the channels and he would follow up.
10. (Agenda item # 26 -authorizing the City Manager to sign an application for I Jobs II Grant
funds ....levee between McCollister Boulevard and Crandic Railroad along the west side of
Council Work Session
July 12, 2010
Page 3
the Iowa River) In response to questions, City Atty. Dilkes stated if funds were allocated
thru the grant process there would be a need for further discussion by Council on property
acquisition, probably in executive session. PCD Director Davidson and PW Director and
Acting Asst. City Manager provided input.
SITE OF NEW ANIMAL SHELTER [IP#2 of 7/8 Info Packet]
Police Capt. Wyss and Animal Supervisor Goodman presented information on the proposed site
on the west side of South Gilbert Street, south of the softball diamonds. PW Director and Acting
Asst. City Manager present for discussion.
ACTION: Await environmental and archeological studies from FEMA and bring back for
formal Council approval. (Wyss)
AID TO AGENCIES APPROPRIATIONS -RECOMMENDATIONS FROM HCDC [IP#11 of 7/8
Info Packet]
PCD Director Davidson present for discussion. Majority of Council directed staff to proceed with
HCDC making funding recommendations for Aid to Agencies with the understanding that the
procedure would be:
• Commit to one year and re-examine continuing beyond at the end of the first year
• HCDC would utilize the process they already have in place
• HCDC recommendations would be made utilizing the City Steps document
ACTION: Proceed as outlined (Davidson)
FUNDING OF ECICOG
Council Member Mims reports on a JCCOG subcommittee meeting to discuss funding of
ECICOG, and recommended that the City continue to fund ECICOG approximately $20,000 a
year given the need to maintain and improve working relationships with other municipalities and
government agencies in the area. JCCOG Ex. Dir. Yapp and PCD Director Davidson present
for discussion. Majority agreed with the recommendation and encouraged staff to explore
utilization of ECICOG services.
ACTION: Ask ECICOG to continue to provide annual delineation of services and
membership dues for each member in Johnson County. (Yapp)
TAXICAB POLICIES [IP#3 of 7/8 Info Packet]
City Clerk Karr facilitated discussion of staff recommendations regarding taxicab regulations.
After discussion Council directed staff to proceed with development of ordinances that would
affect the following items:
- Rates and taximeters
- Require dispatching from station or office
- No dispatching from vehicles
- Require 24/7 operation
- Increase requirement to start a business to 4 vehicles
- Provide penalty for operating unlicensed cab with bubble and/or lettering
- Driver Badge
- Inspection fees
Council Work Session
July 12, 2010
Page 4
ACTION: Prepare ordinances for Council consideration at the August 17 Council
meeting. (Karr)
Council recessed to the formal meeting 6:50 PM; and continued the work session at 8:30 PM.
INFORMATION PACKET DISCUSSION [Jun 17, 24, Jul 1, 8]
June 17 Packet -nothing
June 24 Packet -nothing
July 1 Packet
1. (IP3 -outdoor pianos) Council Members stated they loved the pianos. Council Member
Mims reported she stopped by and thanked Mark Ginsberg regarding his opinion piece
in the newspaper regarding the downtown and the community.
2. (IP7 -Summer of Solutions Renewed Vision Conference) Mayor Hayek noted the
conference.
COUNCIL TIME
1. (Consent Calendar # 4g(11) -correspondence from Caroline Dieterle re City of Ann Arbor
Phosphorus Ordinance and Lawn Fertilizers) Majority of Council requested staff report back
on what can be done on personal property. City Atty. Dilkes noted that there is a specific
State ordinance that preempts local with respect to pesticides and will report back.
2. Council Member Champion noted the recent problems reported with bar owners allowing
under 21 in bars and providing wristbands indicating they are 21; and a letter from Doug
Tvedt with problems concerning dram shop insurance and encouraged the state legislators
research the proposal in Mr. Tvedt's letter. A number of Council Members had not received
the letter and Council Member Champion will provide a copy for the next packet. (letter in
July 15 info packet)
BUDGET PRIORITIES
None
SUMMARY OF PENDING WORK SESSION ISSUES [IP#4 of 7/8 Info Packet]
Interim City Manager Helling noted the third item "Aid to Agencies Appropriations -
Recommendations from HCDC" had been addressed earlier in the evening and can be
removed.
2. Council Member Wright noted a JCCOG affordable housing subcommittee meeting on
July 15 and then possible recommendations to go to JCCOG.
3. Council Member Mims requested Council consider adding to an August work session a
possible review of City processes and procedures; noting this had been mentioned when
Slavin Management Consultants were in town discussing the City Manager search.
Council Member Mims will provide the information on TechSolve for an August packet.
UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS
None
Council Work Session
July 12, 2010
Page 5
DISCUSSION OF MEETING SCHEDULES [IP#5 of 7/8 Info Packet]
Majority agreed to the following tentative meeting schedule:
Monday, September 6
Tuesday, September 7
Monday, September 20
Tuesday, September 21
Monday, September 27-29
Tuesday
Wednesday
~- HOLIDAY
- Special Work Session and Formal (combined)
- Special Formal/Exec. Session (City Manager Interviews)
Work Session
- Formal
-Hold dates for City Manager interviews /Meet & Greet
Monday, October 11 -Special Work Session and Special Formal (combined)
Wednesday, October 20 -Joint Meeting
Monday, October 25 -Special Work Session
Tuesday, October 26 -Special Formal
Monday, November 15
Tuesday, November 16
Monday, November 29
Tuesday, November 30
- Work Session
- Formal
-Special Work Session
-Special Formal
Wednesday, December 1 -Special Work Session
Monday, December 6 -Work Session
Tuesday, December 7 -Formal
* One of three options for joint meeting with area legislators. One of the dates will be confirmed
after hearing from area legislators on their schedule.
Meeting adjourned 9:00 PM.
3a 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 for this calendar year for said publication is $_
OFFICIAL COUNCIL ACTIONS - 7/12/10
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.
The Mayor proclaimed Americans with Disabilities Week - July 18-24, 2010, Keith
Ruff, Access 2 Independence accepting.
A presentation was made by Mayor Hayek to Coach Mike Parker and members of the
West High State Champions Girls Track & Field Team; and to Coach Brad Stiles and
members of the West High State Champion Boys Soccer Team. Mayor Hayek also
congratulated the soccer teams from City High and Regina on their great seasons.
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. June 14, Special Council Formal Official and Complete; June 14, Special
Council Work Session; June 15, Regular Council Formal Official and Complete; June
15, Special Council Work Session; June 30, Joint Meeting, 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 -May 18, 2010; Senior Center Commission -April
22, 2010; Board of Adjustment -May 12, 2010; Parks and Recreation Commission -
May 12, 2010; Airport Commission -May 20, 2010; Telecommunications Commission
- May 24, 2010; Housing and Community Development Commission -April 15, 2010;
Planning and Zoning Commission -May 20, 2010; Public Art Advisory Committee -
May 6, 2010; Public Art Advisory Committee -June 4, 2010.
Permit Motions and Resolutions as recommended by the City Clerk.
New: Class C Liquor License for EI Cactus Authentic Mexican Cuisine, 1921 Keokuk
St. (Revised staff memo recommending approval distributed.) Renewal: Class C
Liquor License for Firewater, 347 S. Gilbert St.; Class C Liquor License for Weekes-
Van Eck Post #3949, 609 Highway 6 East; Class C Beer Permit for Walgreens #5077,
2214 Muscatine Ave.; Class C Liquor License for Dublin Underground, 5 S. Dubuque
St.; Special Class C Liquor License for Z'Mariks Noodle Cafe, 19 S. Dubuque St.;
Class E Liquor License for John's Grocery, Inc., 401 E. Market St.; Class C Beer
Permit for La Reyna Grocery Store, 1937 Keokuk St.; Class C Liquor License for
American Legion, Roy L. Chopek Post #17, 3016 Muscatine Avenue; Class B Beer
Permit for Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd.; Outdoor Service Area
for Jimmy Jack's Rib Shack, 1940 Lower Muscatine Rd. Class E Liquor License for
Hartig Drug Store #10, 701 Mormon Trek Blvd.; Class C Liquor License for Dave's
Foxhead Tavern, 402 E. Market St.; Special Class C Liquor License for Sushi Popo,
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July 12, 2010
Page 2
725 Mormon Trek Blvd.; Class C Liquor License for IC Uglys, 210 N. Linn St.; Class C
Liquor License for Mill Restaurant, 120 E. Burlington St.; Outdoor Service Area for Mill
Restaurant, 120 E. Burlington St.; RES. 10-324, TO ISSUE DANCING PERMIT for
Mill Restaurant, 120 E. Burlington St.; Class C Beer Permit for Big Kmart #4315, 901
Hollywood Blvd.
Motions. Approve disbursements in the amount of $9,463,299.36 for the period
of May 1 through May 31, 2010, as recommended by the Finance Director subject to
audit.
Public Hearing: Set a public hearing for August 17, 2010 regarding an
amendment to 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).
Resolutions: RES. 10-325, 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 207 BRENTWOOD
DRIVE, IOWA CITY, IOWA; RES. 10-326, 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 3
THISTLE COURT, IOWA CITY, IOWA; RES. 10-327, 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 2440 TOWNCREST
DRIVE, IOWA CITY, IOWA; RES 10-328, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A
MORTGAGE FOR THE PROPERTY LOCATED AT 2035 WESTERN ROAD, IOWA
CITY, IOWA; RES. 10-329, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR
THE PROPERTY LOCATED AT 718 WALNUT STREET, IOWA CITY, IOWA; RES.
10-330, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
TO THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE, A
REHABILITATION AGREEMENT, AND A STATEMENT OF LIFE LIEN FOR THE
PROPERTY LOCATED AT 416 DOUGLAS COURT, IOWA CITY, IOWA; RES. 10-
331,AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY
LOCATED AT 2409 ASTER AVENUE, IOWA CITY, IOWA; RES. 10-332,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE
RESALE AND OCCUPANCY AGREEMENT REGARDING THE PROPERTY
LOCATED AT 2409 ASTER AVENUE, IOWA CITY, IOWA; RES. 10-333,
ACCEPTING THE WORK FOR THE 404 HAZARD MITIGATION PROPERTY
ACQUISITION DEMOLITIONS PROJECT; RES. 10-334, ACCEPTING THE WORK
FOR THE SALT STORAGE FACILITY OAKLAND CEMETERY PROJECT; RES. 10-
335, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF IOWA CITY AND THE UNITED WAY OF JOHNSON COUNTY; RES. 10-
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July 12, 2010
Page 3
336, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT BY AND BETWEEN
THE CITY OF IOWA CITY AND THE CEDAR RAPIDS AND IOWA CITY RAILWAY
COMPANY; RES. 10-337, ACCEPTING TWO SCULPTURES CREATED BY VALERY
KOVALEV OF ANTON CHEKHOV AND ANNA AKMATOVA AS A GIFT FROM
HOWARD HORAN AND STEPHEN DEWEY TO THE CITY OF IOWA CITY, IOWA;
RES. 10-338, ACCEPTING TWO SCULPTURES CREATED BY VALERY KOVALEV
OF ARTHUR AND MARY JO SMALL AND FAMILY AS A GIFT FROM ARTHUR
SMALL TO THE CITY OF IOWA CITY, IOWA; RES. 10-339, AUTHORIZING THE
CITY MANAGER TO SIGN A MEMORANDUM OF AGREEMENT WITH THE IOWA
DEPARTMENT OF HUMAN SERVICES FOR A SUMMER SUBSIDIZED
EMPLOYMENT PROGRAM AT THE ANIMAL CONTROL AND ADOPTION CENTER.
Correspondence. Acting Traffic Engineering Planner regarding Removal of (1)
NO PARKING HERE TO CORNER sign and installation of (1) STOP sign on the
northeast corner of the intersection of South Linn Street and East Harrison Street;
Acting Traffic Engineering Planner regarding Installation of (1) STOP sign at the
northeast corner of the intersection of Highland Court and South Gilbert Court;
JCCOG Traffic Engineering Planner regarding Installation of (2) STOP signs on the
northwest and southeast corners of the easternmost intersection of Wintergreen Drive
and Jamie Lane, (1) STOP sign on the southeast corner of Wintergreen Drive and
Richmond Lane, and (1) STOP sign on the southeast corner of the westernmost
intersection of Wintergreen Drive and Jamie Lane; JCCOG Traffic Engineering
Planner regarding Establishment of a 6 AM - 12 PM Farmer's Market Saturday TOW-
AWAY ZONE for the metered parking spaces on the north side of the 400 block of
East Washington Street; Mike Heilman regarding Gnat Complaint [staff response
included]; Brad McCusker regarding Traffic Noise; Mitchell Swanson regarding
Refueling assistance for drivers with disabilities [staff response included]; Beatrice
Boltz regarding Boy's & Girl's Club for South East Side of Iowa City; Jim Surratt
regarding 9-5 shift steadily vanishes; Kate Coyle regarding Nuclear Weapons Free
Zone; Caroline Dieterle regarding City of Ann Arbor Phosphorus Ordinance and Lawn
Fertilizers; Ron Fournier regarding NWS Cedar River @ Cedar Rapids River Forecast;
Claire Perlman regarding Interview for the Daily Iowan; Mary Kay Adams regarding
Property tax issue; Theodore Lensing regarding Ped Mall Smoking Ban.
The Mayor declared the motion carried.
Cindy Roberts, 2034 Grantwood St., thanked Council for efforts in dealing with
neighborhood issues and concerns.
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-
4396, REZONING APPROXIMATELY 24.35 ACRES LOCATED WEST OF MORMON TREK
BOULEVARD, SOUTH OF HIGHWAY 1, AND ADJACENT TO THE CITY VIEW DRIVE
FROM HIGHWAY COMMERCIAL (CH-1) TO INTENSIVE COMMERCIAL (CI-1) (REZ10-
00008), be voted on for final passage at this time. The Mayor declared the motion carried.
Moved and seconded that the ordinance be finally adopted at this time. Moved and
Official Actions
July 12, 2010
Page 4
seconded to accept correspondence from David Larsen. The Mayor declared the motion
carried.
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-
4397, AMENDING THE IOWA CITY ZONING CODE, SECTION 14-4E-8,
NONCONFORMING DEVELOPMENT, 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 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-
4398, AMENDING THE IOWA CITY ZONING CODE, ARTICLES 14-51, SENSITIVE LANDS
AND FEATURES AND 14-9E, SENSITIVE LANDS DEFINITIONS, TO REFINE THE
DEFINITION OF A REGULATED STREAM CORRIDOR, be voted on for final passage at this
time. The Mayor declared the motion carried. Moved and seconded that the ordinance be
finally adopted at this time.
Moved and seconded to defer indefinitely the ordinance conditionally rezoning
approximately 60.32 acres of land 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. The Mayor declared the motion carried.
Moved and seconded to defer indefinitely the resolution approving the preliminary plat
of Moss Green Urban Village, Iowa City, Iowa, (SUB10-00005). The Mayor declared the
motion carried.
A public hearing was held on a resolution instituting proceedings to take additional
action for the issuance of not to exceed $5,405,000 General Obligation Bonds, Series 2010.
Moved and seconded to adopt RES. 10-340, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $5,405,000
GENERAL OBLIGATION BONDS, SERIES 2010.
A public hearing was held on a resolution instituting proceedings to take additional
action for the issuance of not to exceed $700,000 General Obligation Bonds, Series 2010.
Moved and seconded to adopt RES. 10-341, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO
EXCEED $700,000 GENERAL OBLIGATION BONDS, SERIES 2010.
A public hearing was held on a resolution instituting proceedings to take additional
action for the issuance of not to exceed $700,000 General Obligation Bonds, Series 2010.
Moved and seconded to adopt RES. 10-342, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO
EXCEED $700,000 GENERAL OBLIGATION BONDS, SERIES 2010.
A public hearing was held on a resolution instituting proceedings to take additional
action for the issuance of not to exceed $665,000 General Obligation Bonds, Series 2010.
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July 12, 2010
Page 5
Moved and seconded to adopt RES. 10-343, INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO
EXCEED $665,000 GENERAL OBLIGATION BONDS, SERIES 2010.
Moved and seconded to adopt RES. 10-344, DIRECTING SALE OF $7,420,000
GENERAL OBLIGATION BONDS, SERIES 20106.
Moved and seconded to approve a Tax Exemption Certificate authorizing and
providing for the issuance of $7,420,000 General Obligation Bonds, Series 20106, and
levying a tax to pay said bonds. The Mayor declared the motion carried.
Moved and seconded to approve a Continuing Disclosure Certificate authorizing and
providing for the issuance of $7,420,000 General Obligation Bonds, Series 20106, and
levying a tax to pay said bonds. The Mayor declared the motion carried.
Moved and seconded to adopt RES. 10-345, AUTHORIZING AND PROVIDING FOR
THE ISSUANCE OF $7,420,000 GENERAL OBLIGATION BONDS, SERIES 20106, AND
LEVYING A TAX TO PAY SAID BONDS.
A public hearing was held on an ordinance amending Title 3, entitled "City Finances,
Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines,
and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the City Code to increase or
change certain solid waste charges.
Moved and seconded that the ordinance amending Title 3, entitled "City Finances,
Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines,
and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the City Code to increase or
change certain solid waste charges, be given first vote. The Mayor declared the motion
carried.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the Parks Department Maintenance
Facility 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. 10-346, APPROVING PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE PARKS DEPARTMENT MAINTENANCE FACILITY
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 consider repeal of referred measure as proposed by citizen
referendum: Now, therefore be it resolved that Ordinance No. 10-4388, which amended the
bar entry age from nineteen (19) years of age to the "legal age", which is currently twenty-one
(21) years of age, be repealed. The Mayor declared the motion defeated. Moved and
seconded to accept correspondence from John Deeth, Brandt Heitman, Elizabeth Kopriva.
The Mayor declared the motion carried.
Moved and seconded to adopt RES. 10-347, AUTHORIZING AND DIRECTING THE
JOHNSON COUNTY AUDITOR TO PLACE THE QUESTION OF WHETHER TO REPEAL
ORDINANCE NO. 10-4388, WHICH AMENDED THE BAR ENTRY AGE FROM NINETEEN
(19) YEARS OF AGE TO THE "LEGAL AGE", WHICH IS CURRENTLY TWENTY-ONE (21)
YEARS OF AGE, BEFORE THE QUALIFIED ELECTORS OF THE CITY OF IOWA CITY,
IOWA AT THE GENERAL ELECTION ON NOVEMBER 2, 2010.
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July 12, 2010
Page 6
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. 10-4399
AMENDING TITLE 3, "FINANCES, TAXATION AND FEES", CHAPTER 4, "SCHEDULE OF
FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES", SECTION 3, "POTABLE
WATER USE AND SERVICE", 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 ORD. 10-4400, AMENDING TITLE 10 OF THE CITY
CODE, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 9, ENTITLED "PARKS
AND RECREATION REGULATIONS," TO REGULATE THE COMMERCIAL USE OF
PARKS, be passed and adopted.
Moved and seconded to adopt RES. 10-348, APPROVING AN AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY DOGPAC FOR JOINT
MAINTENANCE OF AND SHARING REVENUES GENERATED FROM THE THORNBERRY
AND RITA'S RANCH OFF-LEASH DOG PARKS.
Moved and seconded to defer indefinitely a resolution authorizing the Mayor to sign
and the City Clerk to attest an agreement for Private Redevelopment by and between Moss
Green Development Corporation and the City of Iowa City for the development of Moss Green
Urban Village. The Mayor declared the motion carried.
Moved and seconded to adopt RES. 10-349, APPROVING A CONTRACT WITH THE
NATIONAL DEVELOPMENT COUNCIL (NDC) FOR SERVICES TO ENABLE
REDEVELOPMENT PROJECTS IN IOWA CITY.
Moved and seconded to adopt RES. 10-350, RESCINDING THE 2007 COMMERCIAL
DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM FOR DRUGS AND
ALCOHOL AND ESTABLISHING A NEW COMMERCIAL DRIVER'S LICENSE SUBSTANCE
ABUSE PREVENTION PROGRAM.
Moved and seconded to adopt RES. 10-351, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A COMMERCIAL PROPERTY LEASE AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND SOUTHGATE DEVELOPMENT SERVICES LLC
FOR THE LEASE AND OCCUPATION OF PROPERTY LOCATED AT SUITE 1067
HIGHWAY 6 EAST (PEPPERWOOD PLAZA), IOWA CITY, IOWA FOR THE PURPOSE OF
INSTALLING AND OPERATING AN IOWA CITY POLICE DEPARTMENT SUBSTATION.
The following individuals appeared: Joelyn Brandon, 1102 Hollywood Blvd # 15; Theresa
McKenzie, 2511 Aster Ave.; Kenya Badgett, 1929 Lakeside Dr.; and Henri Harper.
Moved and seconded to adopt RES. 10-352, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A TRANSFER AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND THE JOINT EMERGENCY COMMUNICATION SERVICES ASSOCIATION
OF JOHNSON COUNTY (JECSA) FOR THE TRANSFER OF ACCRUED VACATION AND
SICK LEAVE OF FORMER IOWA CITY EMPLOYEES.
Moved and seconded to adopt RES. 10-353, CONCERNING MEDIACOM
COMMUNICATIONS CORPORATIONS' 2010 UPDATING OF RATES FOR BASIC CABLE
SERVICES.
Moved and seconded to adopt RES. 10-354, AUTHORIZING THE CITY MANAGER
TO SIGN AN APPLICATION FOR I-JOBS II GRANT FUNDS TO BUILD A LEVEE
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July 12, 2010
Page 7
BETWEEN MCCOLLISTER BOULEVARD AND CRANDIC RAILROAD ALONG THE WEST
SIDE OF THE IOWA RIVER.
Moved and seconded to adopt RES. 10-355, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR CONSTRUCTION OF THE FY 2010 SIDEWALK INFILL PROJECT.
Moved and seconded to adopt RES. 10-356, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR CONSTRUCTION OF THE FY 2011 ASPHALT RESURFACING PROJECT.
Moved and seconded to adopt RES. 10-357, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR CONSTRUCTION OF THE PENINSULA FLOOD MITIGATION IMPROVEMENTS
PROJECT.
Moved and seconded to adopt RES. 10-358, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR CONSTRUCTION OF THE BOWERY STREET BRICK REPAIR PROJECT.
Moved and seconded to adopt RES. 10-359, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR CONSTRUCTION OF THE 420T" STREET IMPROVEMENT PROJECT.
Moved and seconded to adopt RES. 10-360, APPROVING, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN
AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHOEMAKER &
HAALAND PROFESSIONAL ENGINEERS TO PROVIDE ENGINEERING CONSULTANT
SERVICES FOR THE BUTLER BRIDGE PEDESTRIAN TRAIL PROJECT.
Moved and seconded to adopt RES. 10-361, 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. Moved and seconded to
defer until August 17 the assessments for 808 E. Davenport St. and 2360 Willowbrooke Ln.
The Mayor declared the motion to defer carried. The Mayor declared the resolution adopted
as amended. Moved and seconded to accept correspondence from Robert Crane and
Sorauyah Hamilton, Fern Davis. The Mayor declared the motion carried.
Moved and seconded to make the following appointments to Boards and
Commissions: reappoint Holly Hart, 228 S Summit, #C-6 and appoint Scott Dragoo, 910 S.
Dodge Street, #1, for two vacancies to the Housing and Community Development
Commission for three-year terms September 1, 2010 -September 1, 2013; appoint Harry
Olmstead, 1951 Hannah Jo Court, to the Human Rights Commission for an unexpired term,
effective August 1, 2010 -January 1, 2013. The Mayor declared the motion carried.
Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are
stated. [Staff will not publish additional notices after a period of six publications; but will
continue to advertise vacancies with postings and on the Council agenda. However, no
additional publication costs will be incurred.]
The Mayor noted the remaining vacancy for the Housing and Community
Development Commission for three-year term September 1, 2010 -September 1, 2013, will
be readvertised.
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July 12, 2010
Page 8
The Mayor noted the previously announced vacancies: 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 for afive-year term January 1, 2009 -December 31,
2013, for a Mechanical Professional; Police Citizens Review Board for an unexpired term,
effective upon appointment, ending September 1, 2012; Youth Advisory Commission for a
two-year term, January 1, 2009 -December 31, 2010 for (1) person from Tate High.
Applications must be received by 5:00 p.m., Wednesday, August 11, 2010.
Moved and seconded to reappoint Connie Champion to the Seats Paratransit Advisory
Committee for atwo-year term July 1, 2010 -June 30, 2012, 2008. The Mayor declared the
motion carried.
Moved and seconded to adjourn meeting 8:20 p.m. and return to work session. The
Mayor declared the motion carried.
A more complete description of Council Activities and disbursements is on file in the
office of the City Clerk and Finance Department.
s/Matthew J. Hayek, Mayor
Attests/Marian K. Ka//rr, City Jerk/
Submitte2t~for publication - 7/20/10.
i~ ~~
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
JULY 12, 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, Moran, Robertson,
Hargadine, Davidson, O'Malley, Panos.
The Mayor proclaimed Americans with Disabilities Week - July 18-24, 2010, Keith
Ruff, Access 2 Independence accepting.
A presentation was made by Mayor Hayek to Coach Mike Parker and members of the
West High State Champions Girls Track & Field Team; and to Coach Brad Stiles and
members of the West High State Champion Boys Soccer Team. Mayor Hayek also
congratulated the soccer teams from City High and Regina on their great seasons.
Moved by Champion, seconded by Dickens, 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. June 14, Special Council Formal Official and Complete; June 14, Special
Council Work Session; June 15, Regular Council Formal Official and Complete; June
15, Special Council Work Session; June 30, Joint Meeting, 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 -May 18, 2010; Senior Center Commission -April
22, 2010; Board of Adjustment -May 12, 2010; Parks and Recreation Commission -
May 12, 2010; Airport Commission -May 20, 2010; Telecommunications Commission
- May 24, 2010; Housing and Community Development Commission -April 15, 2010;
Planning and Zoning Commission -May 20, 2010; Public Art Advisory Committee -
May 6, 2010; Public Art Advisory Committee -June 4, 2010.
Permit Motions and Resolutions as recommended by the City Clerk.
New: Class C Liquor License for Hildago, Inc., dba EI Cactus Authentic Mexican
Cuisine, 1921 Keokuk St. (Revised staff memo recommending approval distributed.)
Renewal: Class C Liquor License for Firewater, LLC, dba Firewater, 347 S. Gilbert
St.; Class C Liquor License for Weekes-Van Eck Post #3949 Veterans of Foreign
Wars dba Weekes-Van Eck Post #3949, 609 Highway 6 East; Class C Beer Permit for
Walgreen Co., dba Walgreens #5077, 2214 Muscatine Ave.; Class C Liquor License
for Dublin Underground, Inc., dba Dublin Underground, 5 S. Dubuque St.; Special
Class C Liquor License for D & E Restaurant, Inc., dba Z'Mariks Noodle Cafe, 19 S.
Dubuque St.; Class E Liquor License for John's Grocery, Inc., dba John's Grocery,
Inc., 401 E. Market St.; Class C Beer Permit for WEMCOR, LLC, dba La Reyna
Grocery Store, 1937 Keokuk St.; Class C Liquor License for Roy L. Chopek/Walter L.
Bud Ott, Post #17, dba American Legion, Roy L. Chopek Post #17, 3016 Muscatine
Avenue; Class B Beer Permit for Jimmy Jack's, Inc., dba Jimmy Jack's Rib Shack,
Complete Description
July 12, 2010
Page 2
1940 Lower Muscatine Rd.; Outdoor Service Area for Jimmy Jack's, Inc., dba Jimmy
Jack's Rib Shack, 1940 Lower Muscatine Rd. Class E Liquor License for Hartig Drug
Co., Inc., dba Hartig Drug Store #10, 701 Mormon Trek Blvd.; Class C Liquor License
for David L. Alberhasky dba Dave's Foxhead Tavern, 402 E. Market St.; Special Class
C Liquor License for P & M Restaurant, Inc., dba Sushi Popo, 725 Mormon Trek Blvd.;
Class C Liquor License for Pub Gal, Inc., dba IC Uglys, 210 N. Linn St.; Class C
Liquor License for I.C. Mill Associates, LLC, Mill Restaurant, 120 E. Burlington St.;
Outdoor Service Area for I.C. Mill Associates, LLC, Mill Restaurant, 120 E. Burlington
St.; RES. 10-324, TO ISSUE DANCING PERMIT for I.C. Mill Associates, LLC, Mill
Restaurant, 120 E. Burlington St.; Class C Beer Permit for Kmart Corporation, dba Big
Kmart #4315, 901 Hollywood Blvd.
Motions. Approve disbursements in the amount of $9,463,299.36 for the period
of May 1 through May 31, 2010, as recommended by the Finance Director subject to
audit.
Public Hearing: Set a public hearing for August 17, 2010 regarding an
amendment to 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).
Resolutions: RES. 10-325, 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 207 BRENTWOOD
DRIVE, IOWA CITY, IOWA; RES. 10-326, 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 3
THISTLE COURT, IOWA CITY, IOWA; RES. 10-327, 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 2440 TOWNCREST
DRIVE, IOWA CITY, IOWA; RES 10-328, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A
MORTGAGE FOR THE PROPERTY LOCATED AT 2035 WESTERN ROAD, IOWA
CITY, IOWA; RES. 10-329, AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR
THE PROPERTY LOCATED AT 718 WALNUT STREET, IOWA CITY, IOWA; RES.
10-330, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
TO THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE, A
REHABILITATION AGREEMENT, AND A STATEMENT OF LIFE LIEN FOR THE
PROPERTY LOCATED AT 416 DOUGLAS COURT, IOWA CITY, IOWA; RES. 10-
331,AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY
LOCATED AT 2409 ASTER AVENUE, IOWA CITY, IOWA; RES. 10-332,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE
RESALE AND OCCUPANCY AGREEMENT REGARDING THE PROPERTY
LOCATED AT 2409 ASTER AVENUE, IOWA CITY, IOWA; RES. 10-333,
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July 12, 2010
Page 3
ACCEPTING THE WORK FOR THE 404 HAZARD MITIGATION PROPERTY
ACQUISITION DEMOLITIONS PROJECT; RES. 10-334, ACCEPTING THE WORK
FOR THE SALT STORAGE FACILITY OAKLAND CEMETERY PROJECT; RES. 10-
335, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF IOWA CITY AND THE UNITED WAY OF JOHNSON COUNTY; RES. 10-
336, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT BY AND BETWEEN
THE CITY OF IOWA CITY AND THE CEDAR RAPIDS AND IOWA CITY RAILWAY
COMPANY; RES. 10-337, ACCEPTING TWO SCULPTURES CREATED BY VALERY
KOVALEV OF ANTON CHEKHOV AND ANNA AKMATOVA AS A GIFT FROM
HOWARD HORAN AND STEPHEN DEWEY TO THE CITY OF IOWA CITY, IOWA;
RES. 10-338, ACCEPTING TWO SCULPTURES CREATED BY VALERY KOVALEV
OF ARTHUR AND MARY JO SMALL AND FAMILY AS A GIFT FROM ARTHUR
SMALL TO THE CITY OF IOWA CITY, IOWA; RES. 10-339, AUTHORIZING THE
CITY MANAGER TO SIGN A MEMORANDUM OF AGREEMENT WITH THE IOWA
DEPARTMENT OF HUMAN SERVICES FOR A SUMMER SUBSIDIZED
EMPLOYMENT PROGRAM AT THE ANIMAL CONTROL AND ADOPTION CENTER.
Correspondence. Acting Traffic Engineering Planner regarding Removal of (1)
NO PARKING HERETO CORNER sign and installation of (1) STOP sign on the
northeast corner of the intersection of South Linn Street and East Harrison Street;
Acting Traffic Engineering Planner regarding Installation of (1) STOP sign at the
northeast corner of the intersection of Highland Court and South Gilbert Court;
JCCOG Traffic Engineering Planner regarding Installation of (2) STOP signs on the
northwest and southeast corners of the easternmost intersection of Wintergreen Drive
and Jamie Lane, (1) STOP sign on the southeast corner of Wintergreen Drive and
Richmond Lane, and (1) STOP sign on the southeast corner of the westernmost
intersection of Wintergreen Drive and Jamie Lane; JCCOG Traffic Engineering
Planner regarding Establishment of a 6 AM - 12 PM Farmer's Market Saturday TOW-
AWAY ZONE for the metered parking spaces on the north side of the 400 block of
East Washington Street; Mike Heilman regarding Gnat Complaint [staff response
included]; Brad McCusker regarding Traffic Noise; Mitchell Swanson regarding
Refueling assistance for drivers with disabilities [staff response included]; Beatrice
Boltz regarding Boy's & Girl's Club for South East Side of Iowa City; Jim Surratt
regarding 9-5 shift steadily vanishes; Kate Coyle regarding Nuclear Weapons Free
Zone; Caroline Dieterle regarding City of Ann Arbor Phosphorus Ordinance and Lawn
Fertilizers; Ron Fournier regarding NWS Cedar River @ Cedar Rapids River Forecast;
Claire Perlman regarding Interview for the Daily Iowan; Mary Kay Adams regarding
Property tax issue; Theodore Lensing regarding Ped Mall Smoking Ban.
The Mayor declared the motion carried. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the motion carried.
Cindy Roberts, 2034 Grantwood St., thanked Council for efforts in dealing with
neighborhood issues and concerns.
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
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July 12, 2010
Page 4
which it is to be finally passed be suspended, the second consideration and vote be waived,
and that ORD. 10-4396, REZONING APPROXIMATELY 24.35 ACRES LOCATED WEST OF
MORMON TREK BOULEVARD, SOUTH OF HIGHWAY 1, AND ADJACENT TO THE CITY
VIEW DRIVE FROM HIGHWAY COMMERCIAL (CH-1) TO INTENSIVE COMMERCIAL (CI-
1) (REZ10-00008 Billion), 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 Mims, 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. The Mayor asked for any ex parte communications and none were
reported. Moved by Wilburn, seconded by Wright, to accept correspondence from David
Larsen. The Mayor declared the motion carried unanimously, 7/0, all Council Members
present.
Moved by Bailey, 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. 10-4397, AMENDING THE IOWA CITY ZONING CODE, SECTION 14-4E-8,
NONCONFORMING DEVELOPMENT, 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 Bailey, seconded by Champion, that the ordinance be finally adopted at
this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the ordinance adopted.
Moved by Wright, seconded by 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,
and that ORD. 10-4398, AMENDING THE IOWA CITY ZONING CODE, ARTICLES 14-51,
SENSITIVE LANDS AND FEATURES AND 14-9E, SENSITIVE LANDS DEFINITIONS, TO
REFINE THE DEFINITION OF A REGULATED STREAM CORRIDOR, be voted on for final
passage at.this time. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the motion carried. Moved by Wright, seconded by Champion, that the
ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the ordinance adopted.
Moved by Champion, seconded by Bailey, to defer indefinitely the ordinance
conditionally rezoning approximately 60.32 acres of land 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. The Mayor declared the motion carried unanimously, 7/0,
all Council Members present.
Moved by Bailey, seconded by Dickens, to defer indefinitely the resolution approving
the preliminary plat of Moss Green Urban Village, Iowa City, Iowa, (SUB10-00005). The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
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July 12, 2010
Page 5
A public hearing was held on a resolution instituting proceedings to take additional
action for the issuance of not to exceed $5,405,000 General Obligation Bonds, Series 2010.
Finance Director O'Malley present for discussion.
Moved by Wilburn, seconded by Wright, to adopt RES. 10-340, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO
EXCEED $5,405,000 GENERAL OBLIGATION BONDS, SERIES 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 instituting proceedings to take additional
action for the issuance of not to exceed $700,000 General Obligation Bonds, Series 2010.
Finance Director O'Malley present for discussion.
Moved by Bailey, seconded by Wilburn, to adopt RES. 10-341, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND
ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS, SERIES
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 instituting proceedings to take additional
action for the issuance of not to exceed $700,000 General Obligation Bonds, Series 2010.
Finance Director O'Malley present for discussion.
Moved by Wright, seconded by Mims, to adopt RES. 10-342, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND
ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS, SERIES
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 instituting proceedings to take additional
action for the issuance of not to exceed $665,000 General Obligation Bonds, Series 2010.
No one appeared.
Moved by Bailey, seconded by Wilburn, to adopt RES. 10-343, INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND
ISSUANCE OF NOT TO EXCEED $665,000 GENERAL OBLIGATION BONDS, SERIES
2010. 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. 10-344, DIRECTING SALE OF
$7,420,000 GENERAL OBLIGATION BONDS, SERIES 20106. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Champion, seconded by Bailey, to approve a Tax Exemption Certificate
authorizing and providing for the issuance of $7,420,000 General Obligation Bonds, Series
20106, and levying a tax to pay said bonds. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Wright, seconded by Dickens, to approve a Continuing Disclosure
Certificate authorizing and providing for the issuance of $7,420,000 General Obligation
Bonds, Series 20106, and levying a tax to pay said bonds. The Mayor declared the motion
carried unanimously, 7/0, all Council Members present.
Moved by Mims, seconded by Champion, to adopt RES. 10-345, AUTHORIZING AND
PROVIDING FOR THE ISSUANCE OF $7,420,000 GENERAL OBLIGATION BONDS,
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July 12, 2010
Page 6
SERIES 2010B, AND LEVYING A TAX TO PAY SAID BONDS. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
A public hearing was held on an ordinance amending Title 3, entitled "City Finances,
Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines,
and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the City Code to increase or
change certain solid waste charges. Finance Director O'Malley present for discussion.
Moved by Wright, seconded by Mims, that the ordinance amending Title 3, entitled
"City Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges,
Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the City Code
to increase or change certain solid waste charges, be given first vote. Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the Parks Department Maintenance
Facility 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 Champion, seconded by Mims, to adopt RES. 10-346, APPROVING
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE PARKS DEPARTMENT MAINTENANCE FACILITY
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
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Bailey, seconded by Champion, to consider repeal of referred measure as
proposed by citizen referendum: Now, therefore be it resolved that Ordinance No. 10-4388,
which amended the bar entry age from nineteen (19) years of age to the "legal age", which is
currently twenty-one (21) years of age, be repealed. The Mayor declared the motion
defeated, 1/6, with the following division of roll call vote: Ayes: Bailey. Nays: Champion,
Dickens, Hayek, Mims, Wilburn, Wright. Absent: None. Moved by Champion, seconded by
Wilburn, to accept correspondence from John Deeth, Brandt Heitman, Elizabeth Kopriva.
The Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Mims, seconded by Dickens, to adopt RES. 10-347, AUTHORIZING AND
DIRECTING THE JOHNSON COUNTY AUDITOR TO PLACE THE QUESTION OF
WHETHER TO REPEAL ORDINANCE NO. 10-4388, WHICH AMENDED THE BAR ENTRY
AGE FROM NINETEEN (19) YEARS OF AGE TO THE "LEGAL AGE", WHICH IS
CURRENTLY TWENTY-ONE (21) YEARS OF AGE, BEFORE THE QUALIFIED
ELECTORS OF THE CITY OF IOWA CITY, IOWA AT THE GENERAL ELECTION ON
NOVEMBER 2, 2010. Affirmative roll call vote unanimous, 7/0, all Council Members present.
Moved by Bailey, 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. 10-4399 AMENDING TITLE 3, "FINANCES, TAXATION AND FEES",
CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND
PENALTIES", SECTION 3, "POTABLE WATER USE AND SERVICE", be voted on for final
passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present.
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July 12, 2010
Page 7
The Mayor declared the motion carried. Moved by Bailey, seconded by Mims, that the
ordinance be finally adopted at this time. AfFrmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the ordinance adopted.
Moved by Champion, seconded by Mims, that ORD. 10-4400, AMENDING TITLE 10
OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 9,
ENTITLED "PARKS AND RECREATION REGULATIONS," TO REGULATE THE
COMMERCIAL USE OF PARKS, be passed and adopted. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted.
Moved by Wright, seconded by Bailey, to adopt RES. 10-348, APPROVING AN
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY DOGPAC
FOR JOINT MAINTENANCE OF AND SHARING REVENUES GENERATED FROM THE
THORNBERRY AND RITA'S RANCH OFF-LEASH DOG PARKS. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Bailey, seconded by Dickens, to defer indefinitely a resolution authorizing
the Mayor to sign and the City Clerk to attest an agreement for Private Redevelopment by and
between Moss Green Development Corporation and the City of Iowa City for the development
of Moss Green Urban Village. The Mayor declared the motion carried unanimously, 7/0, all
Council Members present.
Moved by Bailey, seconded by Mims, to adopt RES. 10-349, APPROVING A
CONTRACT WITH THE NATIONAL DEVELOPMENT COUNCIL (NDC) FOR SERVICES TO
ENABLE REDEVELOPMENT PROJECTS IN IOWA CITY. 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. 10-350, RESCINDING THE
2007 COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM
FOR DRUGS AND ALCOHOL AND ESTABLISHING A NEW COMMERCIAL DRIVER'S
LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM. 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. 10-351, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A COMMERCIAL PROPERTY
LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SOUTHGATE
DEVELOPMENT SERVICES LLC FOR THE LEASE AND OCCUPATION OF PROPERTY
LOCATED AT SUITE 1067 HIGHWAY 6 EAST (PEPPERWOOD PLAZA), IOWA CITY,
IOWA FOR THE PURPOSE OF INSTALLING AND OPERATING AN IOWA CITY POLICE
DEPARTMENT SUBSTATION. Police Chief Hargadine present for discussion. The
following individuals appeared: Joelyn Brandon, 1102 Hollywood Blvd # 15; Theresa
McKenzie, 2511 Aster Ave.; Kenya Badgett, 1929 Lakeside Dr.; and Henri Harper. 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 Bailey, seconded by Dickens, to adopt RES. 10-352, AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A TRANSFER AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE JOINT EMERGENCY COMMUNICATION
SERVICES ASSOCIATION OF JOHNSON COUNTY (JECSA) FOR THE TRANSFER OF
ACCRUED VACATION AND SICK LEAVE OF FORMER IOWA CITY EMPLOYEES.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted.
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July 12, 2010
Page 8
Moved by Wright, seconded by Champion, to adopt RES. 10-353, CONCERNING
MEDIACOM COMMUNICATIONS CORPORATIONS' 2010 UPDATING OF RATES FOR
BASIC CABLE SERVICES. 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. 10-354, AUTHORIZING THE
CITY MANAGER TO SIGN AN APPLICATION FOR I-JOBS II GRANT FUNDS TO BUILD A
LEVEE BETWEEN MCCOLLISTER BOULEVARD AND CRANDIC RAILROAD ALONG THE
WEST SFDE OF THE IOWA RIVER. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Moved by Bailey, seconded by Dickens, to adopt RES. 10-355, AWARDING
CONTRACT to Feldman Concrete for $152,926.00 AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE
FY 2010 SIDEWALK INFILL PROJECT. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted.
Moved by Champion, seconded by Wright, to adopt RES. 10-356, AWARDING
CONTRACT to LL Pelting Company for $2,199,318.22 AND AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF
THE FY 2011 ASPHALT RESURFACING PROJECT. Affirmative roll call vote unanimous,
7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Wilburn, seconded by Bailey, to adopt RES. 10-357, AWARDING
CONTRACT to Price Industrial Electric for $737,130.00 AND AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF
THE PENINSULA FLOOD MITIGATION IMPROVEMENTS PROJECT. 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. 10-358, AWARDING
CONTRACT to All American Concrete for $192,410.00 AND AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF
THE BOWERY STREET BRICK REPAIR PROJECT. Affirmative roll call vote unanimous,
7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Bailey, seconded by Dickens, to adopt RES. 10-359, AWARDING
CONTRACT Minger Construction, Inc. for $4,455,234.80 AND AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF
THE 420T" STREET IMPROVEMENT PROJECT. Affirmative roll call vote unanimous, 7/0,
all Council Members present. The Mayor declared the resolution adopted.
Moved by Wilburn, seconded by Bailey, to adopt RES. 10-360, APPROVING,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND
SHOEMAKER & HAALAND PROFESSIONAL ENGINEERS TO PROVIDE ENGINEERING
CONSULTANT SERVICES FOR THE BUTLER BRIDGE PEDESTRIAN TRAIL PROJECT.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted.
Moved by Champion, seconded by Bailey, to adopt RES. 10-361, ADOPTING AN
ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW
REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING
Complete Description
July 12, 2010
Page 9
THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR
COLLECTION IN THE SAME MANNER AS PROPERTY TAXES, as amended. Moved by
Wright, seconded by Dickens, to defer until August 17 the assessments for 808 E. Davenport
St. and 2360 Willowbrooke Ln. The Mayor declared the motion to defer carried unanimously,
7/0, all Council Members present. Affirmative roll call vote unanimous, 7/0, all Council
Members present. The Mayor declared the resolution adopted as amended. Moved by
Wright, seconded by Wilburn, to accept correspondence from Robert Crane and Sorauyah
Hamilton, Fern Davis. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
Moved by Bailey, seconded by Dickens, to make the following appointments to Boards
and Commissions: reappoint Holly Hart, 228 S Summit, #C-6 and appoint Scott Dragoo, 910
S. Dodge Street, #1, for two vacancies to the Housing and Community Development
Commission for three-year terms September 1, 2010 -September 1, 2013; appoint Harry
Olmstead, 1951 Hannah Jo Court, to the Human Rights Commission for an unexpired term,
effective August 1, 2010 -January 1, 2013. 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.]
The Mayor noted the remaining vacancy for the Housing and Community
Development Commission for three-year term September 1, 2010 -September 1, 2013, will
be readvertised.
The Mayor noted the previously announced vacancies: 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 for afive-year term January 1, 2009 -December 31,
2013, for a Mechanical Professional; Police Citizens Review Board for an unexpired term,
effective upon appointment, ending September 1, 2012; Youth Advisory Commission for a
two-year term, January 1, 2009 -December 31, 2010 for (1) person from Tate High.
Applications must be received by 5:00 p.m., Wednesday, August 11, 2010.
Moved by Wright, seconded by Dickens, to reappoint Connie Champion to the Seats
Paratransit Advisory Committee for atwo-year term July 1, 2010 -June 30, 2012, 2008. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Council Member Dickens reported he hosted the Friends of Hickory Hill and the
Johnson County Heritage Trust who were trying to raise $40,000 to repair damage at Hickory
Hill Park because of recent rains, and encouraged interested citizens to visit their website for
details on helping; noting an individual had promised matching funds.
Council Member Bailey thanked volunteers and staff for the great Jazz Festival and
fireworks over the fourth of July week-end; and encouraged people to visit the Iowa City Book
Festival website for details on events planned for Sunday, July 18.
Mayor Pro tem Wilburn welcomed the new Iowa City School Supt Steve Murley and
encouraged people to attend the welcome reception scheduled for July 13.
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July 12, 2010
Page 10
Council Member Wright noted the Joint Emergency Communications Center went live
on June 29.
Council Member Champion referenced an article in the Des Moines Register regarding
the Regency Trailer Park and stated the Park was in Johnson County and not in the City, and
requested information on how the City does inspect trailer parks within the city limits.
Mayor Hayek reported on a Metropolitan Coalition meeting /retreat he attended July 8
with Mayor Pro tem Wilburn and Interim City Manager Helling, noting Mayor Pro tem Wilburn
is chair, and stated he felt Iowa City should continue to play a strong role in the group.
Moved by Mims, seconded by Wilburn, to adjourn meeting 8:20 p.m. and return to
work session. The Mayor declared the motion carried unanimously, 7/0, all Council Members
present.
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk