HomeMy WebLinkAbout2006-11-28 Council minutes
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
NOVEMBER 28, 2006
Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Wilburn
presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell,
Vanderhoef, Wilburn. Absent: None. Staff members present. Atkins, Helling, Dilkes, Karr,
Rackis, Boothroy, Hennes. Council minutes tape recorded on Tape 06-85, Side 2.
The Mayor and Youth Advisory Commissioner Member Maison Bleam presented
Outstanding Student Citizenship Awards to Shimek Elementary students: Gabrielle Bui, Erin
Danielson, Niall Oliver.
Moved by Bailey, seconded by Correia, that the following items and recommendations
in the Consent Calendar be received, or approved and/or adopted as amended:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk. November 6, Special Council Work Session; November 13, Special
Council Work Session (Legislative Session); November 13, Special Council Work
Session; November 14, 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): Parks and
Recreation Commission - September 13, 2006; Police Citizens Review Board -
September 12, 2006; Airport Commission - October 12, 2006; Housing and
Community Development Commission - October 19, 2006; Planning and Zoning
Commission - October 19, 2006; Planning and Zoning Commission - October 5,2006
Board of Adjustment - October 4, 2006.
Permit Motions and Resolutions as Recommended by the City Clerk.
New: Class C Liquor License for Lusati, Inc., dba Quinton's Bar & Deli, 215 E.
Washington St. Renewal: Special Class C Liquor License for India Cafe Corp., dba
India Cafe, 227 E. Washington St.; Special Class C Liquor License for Pagliai's Pizza
Palace, Ltd., dba Pagliai's Pizza, 302 E. Bloomington St.; Class C Liquor License for
Inc., Ltd., dba Sanctuary Restaurant, 405 S. Gilbert St.; RES. 06-356, TO ISSUE
CIGARETTE PERMIT for Lusati, Inc., dba Quinton's Bar & Deli, 215 E. Washington St.
Resolutions: RES. 06-357, ACCEPTING THE WORK FOR THE 2006
ASPHALT OVERLAY PROJECT; RES. 06-358, ACCEPTING THE WORK FOR THE
TRAIL AND CERTAIN SIDEWALK PUBLIC IMPROVEMENTS FOR RESUBDIVISION
OF LOT 77, WALDEN WOOD PART 6, AND DECLARING PUBLIC IMPROVEMENTS
OPEN FOR PUBLIC ACCESS AND USE; RES. 06-359, AUTHORIZING THE
MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND COUNTRYWIDE HOME
LOANS, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1406 SPRUCE
STREET, IOWA CITY, IOWA; RES. 06-360, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A
STATEMENT OF LIFE LIEN FOR THE PROPERTY LOCATED AT 1908 F STREET,
IOWA CITY, IOWA.
Complete Description
November 28, 2006
Page 2
Correspondence: Acting JCCOG Traffic Engineering Planner regarding
Conversion of two NO PARKING signs to NO PARKING - PASSENGER LOADING
ZONE; 15 MINUTE LIMIT signs on the north side of the alley north of the First United
Methodist Church, 214 E Jefferson Street; Acting JCCOG Traffic Engineering Planner
regarding Installation of two STOP signs in the Village Green neighborhood; Laurie
Lehman regarding Jaywalking; Alex Leaven regarding Second-hand smoke; Nic Reed
regarding Underage drinking; Tricia Stiles regarding SOTA and the Community Event
& Program Funding; Vivian Davis regarding Thank you for bus service to Chatham .
Oaks; Jim Prosser regarding Public Safety Helicopter Program; Daniel Ferraro
regarding Smoking in multi-family homes [Staff response included]; Steven Newell
regarding Homeless Shelter camper protests.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the motion carried.
Senior Center Commissioner Jay Honohan updated Council on activities at the Center.
Moved by Vanderhoef, seconded by O'Donnell, to set a public hearing for December
12 on an ordinance amending the Zoning Code to allow a Minor Modification in cases where
there are practical difficulties meeting the standards for structured parking facilities when
retrofitting such facilities within existing buildings. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Bailey, seconded by Vanderhoef, that the ordinance amending certain
specific provisions within Title 14, Zoning Code, Chapter 2, Base Zones; Chapter 3 Overlay
Zones; Chapter 4, Use Regulations; Chapter 5, Site Development Standards; Chapter 7,
Administration; Chapter 8, Review and Approval Procedures; Chapter 9, Definitions, be given
second vote. The Mayor declared the motion carried, 6/1, with the following division of roll
call vote. Ayes: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia. Nays: Elliott.
Absent: None.
A public hearing was held on a resolution to adopt the Iowa City Housing Authority's
amended Housing Choice Voucher (HCV) Administrative Plan. No one appeared.
Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 06-361, TO ADOPT
THE IOWA CITY HOUSING AUTHORITY'S AMENDED HOUSING CHOICE VOUCHER
(HCV) ADMINISTRATIVE PLAN. Housing Adm. Rackis 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 to adopt the Iowa City Housing Authority's
amended Public Housing Admissions and Continued Occupancy Plan (ACOP). No one
appeared.
Moved by Bailey, seconded by Correia, to adopt RES. 06-362, TO ADOPT THE IOWA
CITY HOUSING AUTHORITY'S AMENDED PUBLIC HOUSING ADMISSIONS AND
CONTINUED OCCUPANCY PLAN (ACOP). Affirmative roll call vote unanimous, 7/0, all
Council Members present. The Mayor declared the resolution adopted.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost of construction of two duplex homes under the Affordable
Dream Home Opportunities Program located on Longfellow Place, establishing amount of bid
security to accompany each bid, directing the City Clerk to publish advertisement for bids,
and fixing time and place for receipt of bids. No one appeared.
Complete Description
November 28, 2006
Page 3
Moved by Champion, seconded by Correia, to adopt RES. 06-363, APPROVING
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST OF
CONSTRUCTION OF TWO DUPLEX HOMES UNDER THE AFFORDABLE DREAM HOME
OPPORTUNITIES PROGRAM LOCATED ON LONGFELLOW PLACE, ESTABLISHING
AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING THE CITY CLERK
TO PUBLISH ADVERTISEMENT FOR BIDS, 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 Correia, that the ordinance amending City Code Title
17, entitled "Building and Housing," to establish licensing requirements for the planning,
layout, supervision and installation of heating, ventilation, air conditioning (HVAC),
commercial kitchen hoods and for ducted air heating and cooling installers, be given second
vote. Sr. Building Insp. Hennes present for discussion. Individual Council Members
expressed their views. The Mayor declared the motion carried, 6/1, with the following division
of roll call vote. Ayes: Bailey, Champion, Correia, Elliott, Vanderhoef, Wilburn. Nays:
O'Donnell. Absent: None.
Moved by Vanderhoef, 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. 06-4244, AMENDING TITLE 10, ENTITLED "PUBLIC WAYS AND
PROPERTY," CHAPTER 3, "COMMERCIAL USE OF SIDEWALKS," SECTION 5 ENTITLED
"USE BY MOBILE VENDORS" BY AMENDING SUB SECTION A2(A) TO INCREASE THE
NUMBER OF PERMITS ISSUED ON CITY PLAZA FROM FIVE TO SIX, 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 Vanderhoef, seconded by Bailey, 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 Bailey, seconded by Correia, to defer to December 12, a resolution
authorizing the Mayor to sign and the City Clerk to attest an Iowa Department of
Transportation agreement for Transfer of Public Road Jurisdiction, T J-1-5(84 )--2M-52. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Champion, seconded by Vanderhoef, to adopt RES. 06-364, RESCINDING
RESOLUTION NO. 05-67, DELEGATING RESPONSIBILITY TO PARTICULAR PERSONS
HOLDING SPECIFIED POSITIONS TO IMPLEMENT THE REQUIREMENTS OF CHAPTER
22, IOWA'S PUBLIC RECORDS STATUTE, AND ADOPTING A PUBLIC RECORDS
POLICY. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the resolution adopted.
Moved by Vanderhoef, seconded by Bailey, to adopt RES. 06-365, RESCINDING
RESOLUTION NO. 02-192 AND ESTABLISHING FEES FOR SPECIFIC POLICE
DEPARTMENT SERVICES. Affirmative roll call vote unanimous, 7/0, all Council Members
present. The Mayor declared the resolution adopted.
Moved by Vanderhoef, seconded by O'Donnell, to grant a 60-day extension to the
Police Citizens Review Board for the filing of the public report with the City Council on
Complaint #06-03. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
Complete Description
November 28, 2006
Page 4
The Mayor announced the current Board and Commission vacancies:
Telecommunications Commission to fill an unexpired term ending March 13, 2009. See
correspondence included in Council packet; Housing & Community Development
Commission to fill an unexpired term ending September 1, 2007. See correspondence
included in Council packet. Applications must be received by 5:00 p.m., Wednesday,
January 3,2007.
The Mayor noted the previously announced vacancies: Airport Zoning Brd of
Adjustment to fill an unexpired term plus a five-year term ending December 31,2011; Airport
Zoning Commission to fill a six-year term January 1,2006 - December 31,2011; Board of
Adjustment to fill a five-year term January 1,2007 - January 1,2012; Board of Appeals to fill
a five-year term January 1, 2007 - December 31 , 2011; Human Rights Commission for two
vacancies to fill three-year terms January 1, 2007 - January 1, 2010; Parks and Recreation
Commission for two vacancies to fill four-year terms January 1, 2007 - January 1, 2011.
Senior Center Commission to fill three-year terms January 1,2007 - December 31,2009.
Applications must be received by 5:00 p.m., Wednesday, December 6, 2006. [Staff will not
publish additional notices after a period of six publications; but will continue to advertise
vacancies with postings and on the Council agenda. However, no additional publication
costs will be incurred.]
Moved by Bailey, seconded by Correia, to make the following appointments to the
Youth Advisory Commission for two year terms January 1,2007 - December 31,2008,
appoint Lin Weeks, 5 Gilmore Court and David Segar, 100 Oakridge Avenue, for two
vacancies for Ages 15 to 17 and re-appoint Michael Nelson, 260 Scott Court, #3, for one
vacancy for Age 18 to 21 on the date of filing. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Mayor Pro tem Bailey stated she felt the Parks & Rec. holiday gift market on
November 18 was great; and complimented the Library on the courtesy reminders for over
due books.
Council Member Elliott stated the hiring of a new University of Iowa President is very
important to the City of Iowa City and hoped things were on the upswing with the Board of
Regents.
The Mayor noted the letter on the Consent Calendar from the City of Cedar Rapids
requesting money for the public safety helicopter program. Council concurred that the City
would respond with courteous thanks but not fund at this time.
Moved by O'Donnell, seconded by Vanderhoef, to adjourn meeting at 7:35 p.m. The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
C?}~C ~A 6Or.
Ross Wilburn, ayor
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Ma' n K. Karr, City Clerk
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CITY OF IOWA CITyr:::D
MEMORANDUM
Date: November 14, 2006
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, November 6, 2006, 6:30 PM in Emma J. Harvat Hall
Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn
UISG Rep.: Baeth
Staff: Atkins, Helling, Dilkes, Karr, Franklin, O'Malley, Boothroy, Long, Trueblood, T. Neumann
Tapes: 06-80 and'06-82, Sides 1 and 2
(A complete transcription is available in the City Clerk's Office)
FARMERS MARKET UPDATE (IP2 of 11/2 Information Packet)
Parks & Rec. Dir. Trueblood and Adm. See, and Farmers Market Supervisor Neumann present
for discussion. Majority expressed an interest in expanding the Saturday morning market by
blocking off Washington Street, or expanding into the first floor of the ramp or onto the second
floor; recognized the parking problems for the Wednesday market; and encouraged
consideration of a percent limit for crafts items.
STAFF ACTION: Discuss with Parks & Recreation Commission and provide
recommendations to Council. (Trueblood)
CDBG HOME (IP3 of 11/2 Information Packet)
Mayor Wilburn stated he had a conflict and left the table. Mayor Pro tem Bailey now presiding.
Community Development Coordinator Long and PCD Director Franklin present for discussion.
Economic Development Set aside - Majority of Council directed staff to amend the Consolidated
Plan (CITY STEPS) to clarify that 15% of the CDBG funds be used for economic development,
and not the total of CDBG and HOME funds available, and establish a cap of $250,000.
CDBG and HOME Program Investment Policies - Majority of Council agreed with the HCDC
and staff recommendation to allow the City to grant a different interest rate and/or a different
repayment option based on the nature including, but not limited to, the revenues generated, the
ability to repay the loan, the type of housing provided, the beneficiaries, the amount of other
funding leverage and the location of the site.
STAFF ACTION: Prepare resolutions for Council action. (Long)
Council Work Session
. November 6, 2006
Page 2
ASSEMBLY USES - FIRE SAFETY
Mayor Wilburn returned to the table. City Manager Atkins and HIS Director Boothroy presented
information. Majority of Council agreed to proceed with the concept plan and explore low
interest loan program.
STAFF ACTION: Take proposal to Board of Appeals for December meeting and
recommendation to Council for January meeting. (Boothroy)
BUDGET PRIORITIES
City Manager Atkins facilitated the discussion, and provided General Fund impact by
department on number of employees. Finance Director O'Malley present for discussion.
FLIP CHART
380
- 60 FIRE
320
-100 POLICE
220
- 50 TRANSIT
. 170
- 45 LIBRARY
125
- 45 PARKS & REC
80
- 35 FINANCE
45
-15 HIS
30
.27 cents (emergency levy)
Sales Tax
Meeting adjourned 9:05 PM.
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CITY OF IOWA CITY~
MEMOR.ANDUM
Date: November 13, 2006
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Meeting with Area Legislators, Council Work Session,
November 13, 2006, 5:00 PM in Emma J. Harvat Hall
Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn
Legislators present: Senator Bob Dvorsky; Rep. Dave Jacoby; Rep. Joe Bolkcom
UISG Rep: Baeth
Staff: Atkins, Helling, Dilkes, Karr
Others present: University Student Legal Services Atty. Eric Fisher
Tapes: 06-83, Both Sides
(A complete transcription is available in the City Clerk's Office)
Mayor Wilburn welcomed area legislators, and thanked for attending the joint meeting.
Copies of "Local Control Resolution" (smoking in public places) and "Proposed New
Iowa City Ordinance" (wrongful retention of landlord deposits) were distributed. Copies
of the resolution (06-327) were previously distributed and discussed as follows:
}> Iowa State Housing Trust Fund appropriation
}> maintain local control over cable franchising
}> change in Iowa code 562a.12 (wrongful retention of landlord deposits)
}> increase in hotel I motel tax to 9%
}> vehicle tax on pick ups
}> allow home rule for smoking in public places
}> property tax credits I condos
}> cultural trust update
}> franchise fees (allow cities to charge percentage of gross revenues)
OTHER BUSINESS
Rep. Jacoby requested city estimates on money lost per year relative to property tax
credit for condominiums; and calculations if the rollback was frozen and commercial
rates set at 85% and 90%. Rep. Bolkcom stated leaders would be elected and
committee appointments made over the next few weeks. Council Member Vanderhoef
raised concerns regarding solid waste and diversion prograrns and mobile home tax.
Council Member Correia raised concerns regarding no protections for no cause evictions
form mobile home parks. Rep. Bolkcom asked for input on TIF issues. Sen. Dvorsky
stated it was very exciting to be back in the majority.
Adjournment 6:15 PM
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ME M()Ri\ND U M
Date: November 13, 2006
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, November 13, 2006, 6:35 PM in Emma J. Harvat Hall
Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef (6:40), Wilburn
UISG Rep: Baeth
Staff: Atkins, Helling, Dilkes, Karr, Franklin, Morris
Tapes: 06-84, Both Siders
(A complete transcription is available in the City Clerk's Office)
PLANNING & ZONING ITEMS
PCD Director Franklin presented information on the following matters:
A. AMENDING CERTAIN SPECIFIC PROVISIONS WITHIN TITLE 14, ZONING CODE,
CHAPTER 2, BASE ZONES; CHAPTER 3 OVERLAY ZONES; CHAPTER 4, USE
REGULATIONS; CHAPTER 5, SITE DEVELOPMENT STANDARDS; CHAPTER 7,
ADMINISTRATION; CHAPTER 8, REVIEW AND APPROVAL PROCEDURES; CHAPTER
9, DEFINITIONS.
B. REZONING 37.92 ACRES OF LAND LOCATED ON NORTHGATE DRIVE FROM
COMMERCIAL OFFICE (CO-1) AND INTERIM DEVELOPMENT - OFFICE RESEARCH
PARK (ID-ORP) ZONE TO RESEARCH DEVELOPMENT PARK (RDP) ZONE (REZ06-
00023) (SECOND CONSIDERATION)
Franklin stated the applicant had requested indefinite deferral.
C. REZONING 9.83 ACRES OF PROPERTY LOCATED BOTH NORTH AND SOUTH OF
STEVENS DRIVE BETWEEN S. GILBERT STREET AND WATERFRONT DRIVE FROM
INTENSIVE COMMERCIAL (CI-1) ZONE TO COMMUNITY COMMERCIAL (CC-2) ZONE
(REZ06-o0024) (SECOND CONSIDERATION)
Franklin noted that expedited consideration had been requested.
D. RESOLUTION APPROVING THE FINAL PLAT OF KENNEDY'S WATERFRONT
ADDITION PART 4, IOWA CITY, IOWA. (SUB06-00009)
Franklin stated signed legal papers were expected prior to consideration at the formal meeting.
Council Work Session
November 13, 2006
Page 2
LEADERSHIP ENERGY ENVIROMENTAL DESIGN {LEEDI
Engineering Division/Architectural Services Staff Member Morris presented a power point
presentation.
COUNCIL APPOINTMENTS
Airport Zoning Board of Adjustment - No applicants, re-advertise
Airport Zoning Commission - No applicants, re-advertise
Animal Task Force - Iowa City - Theresa Kopel and Patricia Farrant
Johnson County - Jane McCune
Coralville - Paula Kelly
Board of Adjustment - No applicants, re-advertise
Board of Appeals - No applicants, re-advertise
Human Rights Commission - Joy Kross and re-advertise two
Parks and Recreation Commission - re-appoint John Watson and re-advertise two
Public Art Advisory Committee - re-appoint Mark Seabold
Senior Center Commission - re-appoint Nancy Wombacher and re-advertise one
Youth Advisory Commission - defer to November 28 (to allow Council Liaison Correia to
interview and provide recommendation)
The Mayor had a conflict of interest and abstained in the discussion of the next appointment.
Mayor Pro tem Bailey presiding.
Housing and Community Development - Andy Douglas
Mayor Wilburn now presiding.
AGENDA ITEMS
1. (Agenda itern # 7 - ordinance amending City Code... to establish licensing
requirements... heating, ventilation, air conditioning (HV AC), commercial kitchen hoods
....) Council Members Elliott and O'Donnell raised concerns regarding the proposal.
Individual Council Members expressed their views. The Mayor stated the item could be
deferred if a majority wanted that the next evening.
2. (Consent Calendar item # 4e (2) setting public hearing... update of the Iowa City
Housing Authority's Housing Choice Voucher (HCV) Administrative Plan) and # 4e(3)
setting public hearing ... update ... Public Housing Admissions and Continued
Occupancy Plan (ACOP)) In response to Council Member Correia, the City Manager
stated the plans have not been reviewed by the Housing and Community Development
Commission and he would follow up and report back at the formal meeting on deadline
implications.
3. (Agenda item # 13 - resolution... setting fees and charges... regulations of taxicabs...)
In response to Council Member Elliott, the City Clerk stated the previous $ 40 annual fee
covered actual costs but with the six month inspections the annual fee would increase to
$ 80; but the resolution implemented a $ 20 credit for every decal returned during the
licensed year.
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Council Work Session
November 13, 2006
Page 3
4. (Consent Calendar item # 4f (2) - resolution approving by-laws of Housing and
Community Development Commission) In response to Mayor Wilburn, the City Attorney
confirmed a conflict of interest and suggested the Mayor abstain from voting on the item.
The item will be deleted from the Consent Calendar for separate consideration.
Council Member Correia noted the her request, contained in the Rules Committee
minutes, that the City Attorney research if all Board and Commission applications could
contain information to promote diversity among City boards and commissions. Majority
of Council agreed with the request and the City Attorney will report back.
5. (Agenda item # 13 - resolution supporting the development of Affordable Housing ...
commitment of a $320,000 loan to The Housing Fellowship.... Letter of support to fulfill
the threshold requirements of the low income housing tax credit application) In response
to Council Member Elliott, the City Manager explained the request. City Atty. Dilkes
stated the commitment is subject to approval of a loan agreement with the Housing
Fellowship and will be back before Council before the money is given.
6. (Agenda item # 16 - resolution awarding contract .... Grand Avenue Roundabout
Project) In response to Council Member Correia, the City Manager confirmed the bid
included the entire project including the removal of the steps.
COUNCIL TIME
1. (IP3 of 11/9 Info Packet - Memo from Asst. City Mgr. re Mediacom - KGAN, Channel 2
Transmission dispute) In response to Mayor Pro tem Bailey, Asst. City Mgr. Helling
clarified that the dispute is over KGAN/CBS only and does not affect the local Fax
affiliate here.
2. (Agenda item # 15 - Resolution dedicating 8.29 acres of a parcel ....4213 S.E. Sand
Road as public right-of-way ...approximately 152 acres as public parkland) In response
to Council Member Vanderhoef, the City Manager stated he would try and provide a
better map showing the road on the south side of the property.
3. Council Member Champion noted the employee luncheon scheduled for November 16.
4. Council Member O'Donnell noted the tremendous job the leaf vacuum staff was doing.
5. Council Member Vanderhoef suggested adding "Kirkwood Community College" to the list
of City assets in the Economic Development proposal being discussed by the Economic
Development Committee. Mayor Pro tem Bailey stated the matter had been noted at
their earlier meeting.
SCHEDULE OF PENDING DISCUSSION ITEMS AND FUTURE MEETING SCHEDULE
City Manager Atkins noted the budget schedule previously agreed to by Council for January and
February.
Meeting adjourned 8:15 PM.
c:r:
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 -11/14/06
Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Wilburn
presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell,
Vanderhoef, Wilburn. Absent: None.
The Mayor proclaimed Hunger and Homelessness Awareness Week: November 12-
18, 2006, Crissy Canganelli, ex-director of Shelter House accepting.
The Mayor and Youth Advisory Commission representative Michael Nelson presented
Outstanding Student Citizenship Awards to Mark Twain Elementary students: Geneva
Conrad, Jake Herdliska, Abby Saehler.
Moved and seconded that the following items and recommendations in the Consent
Calendar be received, or approved, as amended and to delete from the Consent Calendar
and consider as a separate item 4f(2) resolution approving By-Laws of the Housing and
Community Development Commission:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: October 16, Regular Council Work Session; October 17, Regular Council
Formal Official and Complete; October 30, Special Council Work Session; October 30,
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): Senior
Center Commission - September 19, 2006; Airport Commission - September 18, 2006;
Airport Commission - September 14, 2006; Parks & Recreation Commission - August
9, 2006; Housing and Community Development - September 21, 2006;
Telecommunications Commission - September 25,2006; Historic Preservation
Commission - September 14, 2006; Historic Preservation Commission - September
28, 2006; Public Art Advisory Commission - October 5, 2006; Public Library Board of
Trustees - September 28, 2006; Public Library Board of Trustees - October 26, 2006
Youth Advisory Commission - October 4, 2006; Civil Service Commission - November
8, 2006.
Permit Motions and Resolutions as Recommended by the City Clerk. New:
Class C Liquor License for Oaknoll Retirement Residence, 1 Oaknoll Court. Renewal:
Class C Liquor License for Fitzpatrick's, 310 E. Prentiss St.; Outdoor Service Area for
Fitzpatrick's, 310 E. Prentiss St.; Class C Beer Permit for Aldi, Inc. #6, 1534 S .GiIbert
St.; Class C Liquor License for Kandy Land, 928 Maiden Lane; Class C Liquor License
for Que, 211 Iowa Ave; Class C Liquor License for Club Car, 122 Wright St.; Class C
Liquor License for Buffalo Wild Wings Grill & Bar, 201 S Clinton St.; Class C Liquor
License for Summit, 10 S. Clinton St.; Class C Liquor License for Old Capitol Brew &
Public House, LLC, 525 S Gilbert St.; Outdoor Service Area for Old Capitol Brew &
Public House, LLC, 525 S Gilbert St.; Class C Beer Permit for T & M Mini Mart, 2601
Official Actions
November 14, 2006
Page 2
Hwy 6 East; RES. 06-335, TO ISSUE DANCE PERMITS for Kandy Land, 928 Maiden
Lane and Summit, 10 S. Clinton SI. RES. 06-336, TO REFUND CIGARETTE PERMIT
for Gasby's , 2 Escort Lane.
Motion: Approve disbursements in the amount of $15,082,075.00 for the period
of September 1 through September 30, 2006, as recommended by the Finance
Director.
Setting a Public Hearing: RES. 06-337, SETTING A PUBLIC HEARING ON
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST OF
CONSTRUCTION OF TWO TWO-FAMILY OWNER OCCUPIED HOMES LOCATED
ON LOTS 10 AND 11, LONGFELLOW MANOR UNDER THE AFFORDABLE DREAM
HOME OPPORTUNITIES PROGRAM, DIRECTING CITY CLERK TO PUBLISH
NOTICE OF SAID HEARING, AND DIRECTING THE DIRECTOR OF HOUSING AND
INSPECTION SERVICES TO PLACE SAID PLANS ON FILE FOR PUBLIC
INSPECTION; RES. 06-338, SETTING A PUBLIC HEARING FOR NOVEMBER 28,
2006 ON THE UPDATE OF THE IOWA CITY HOUSING AUTHORITY'S HOUSING
CHOICE VOUCHER (HCV) ADMINISTRATIVE PLAN; RES. 06-339, SETTING A
PUBLIC HEARING ON NOVEMBER 28,2006 ON THE UPDATE OF THE IOWA CITY
HOUSING AUTHORITY PUBLIC HOUSING ADMISSIONS AND CONTINUED
OCCUPANCY PLAN (ACOP).
Resolutions: RES. 06-340, NAMING DEPOSITORIES; RES. 06-341,
ACCEPTING THE WORK FOR THE IOWA CITY WATER FACILITY
IMPROVEMENTS DIVISION 1: WATER TREATMENT PLANT; DIVISION 2: WELL
HOUSES PROJECT; RES. 06-342, ACCEPTING THE WORK FOR THE MEADOW
STREET BRIDGE REPLACEMENT AND DOVER STREET DRAINAGE BASIN
IMPROVEMENTS PROJECT [BROS-3715(626}-8J-52; RES. 06-343, ACCEPTING
THE WORK FOR THE SANITARY SEWER, FORCE MAIN, LIFT STATION, STORM
SEWER, WATER MAIN, TREE BUFFER, PAVING IMPROVEMENTS, TRAIL &
CERTAIN SIDEWALK PUBLIC IMPROVEMENTS FOR MACKINAW VILLAGE-
PART TWO, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC
ACCESS AND USE; RES. 06-344, ACCEPTING THE WORK FOR THE SANITARY
SEWER, STORM SEWER, WATER MAIN, PAVING AND CERTAIN SIDEWALK
PUBLIC IMPROVEMENTS FOR GALWAY HILLS SUBDIVISION - PART FOUR, AND
DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE;
RES. 06-345, ACCEPTING THE WORK FOR THE SANITARY SEWER PUBLIC
IMPROVEMENTS FOR DUBUQUE ROAD CONDOMINIUMS; RES. 06-346,
ACCEPTING THE WORK FOR THE SANITARY SEWER AND STORM SEWER
PUBLIC IMPROVEMENTS FOR LOT 1 OF SADDLEBROOK ADDITION - PART I;
RES. 06-347, ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER
MAIN PUBLIC IMPROVEMENTS FOR LOT 4 OF SADDLEBROOK ADDITION-
PART II.
Correspondence: JCCOG Traffic Engineering Planner regarding Installation of
HANDICAP PARKING in the 200 block of E. Washington Street; JCCOG Traffic
Engineering Planner regarding Install NO PARKING CORNER TO HERE sign on the
west side of Upland Avenue; Acting Traffic Engineering Planner regarding Replace (1)
existing VALET PARKING ONLY 5 PM - 2 AM TOW AWAY ZONE sign located on the
Official Actions
November 14, 2006
Page 3
200 block of S. Clinton Street in front of Joseph's restaurant with (1) VALET PARKING
PASSENGER LOADING ZONE NO UNATTENDED VEHICLES 5 PM - 2AM TOW
AWAY ZONE sign; Acting Traffic Engineering Planner regarding Install (1) VALET
PARKING PASSENGER LOADING ZONE NO UNATTENDED VEHICLES 5 PM-2AM
TOW AWAY ZONE sign on the south travel lane of the 100 block of Washington Street
in front of The Den; Jennifer Kardos regarding Great job by Iowa City employees; John
McKinstry regarding Inclusionary Housing; Simon Willard regarding Parking concerns;
Byung Yang regarding Parking concern on Sunset Street [Staff response included];
Trail System letters from Michael Connell [staff response included], Janelle Rettig;
Second-hand smoke letters from Kelli Craddick, Lizeth Garcia, Nick Thies; Railroad
cross bars letters from Tom Daugherty, Joe McQuaid; Jean Walker regarding Illegal
guns; Garry Klein regarding Airport development; Deb Briggs and Cheryl Nelson
regarding Thank you to City Cable for assistance with the Home Ownership Mortgage
Readiness Course; John Pearson regarding Bicycle lanes; Legal Drinking Age letters
from Ben Cohen, Tyler Mullinnix [Staff response included]; Michael Scott regarding
Gas prices in Iowa City; Robert Abramovske regarding Allow bicycles in Iowa City
Skate Park; Amanda Battaglia regarding Shifting street [Staff response included];
Stacey Green regarding Sinclair Group/Mediacom [Staff response included]; Support
for Summer of the Arts letters from Mark Ginsberg, Tianna Streeter, Donald
Thompson; Crissy Canganelli regarding National Week of Hunger and Homelessness.
The Mayor declared the motion carried.
The Mayor stated he had a conflict of interest on the next item and left the meeting.
Mayor Pro tem Bailey presiding. Moved and seconded to adopt RES. 06-348, APPROVING
BY-LAWS OF THE HOUSING AND COMMUNITY DEVELOPMENT COMMISSION.
Mayor Wilburn returned to the meeting.
Leah Cohen, 1638 Teg Dr., appeared representing the Iowa City Alcohol Advisory
Board expressing confusion over the proposed Building and Fire Code amendments, and
updated Council on a program being implemented downtown in cooperation with the Iowa
Alcohol Beverages Division and Brandeis University. Rebecca Neades, Chamber of
Commerce, appeared expressed concerns over proposed Building and Fire Code
amendments and offered to facilitate a committee to review the ordinances and ramifications
to businesses. John Rummelhart, 1112 E. Court St., appeared regarding additional tax
funding and state accounting rules.
A public hearing was held on an ordinance amending certain specific provisions within
Title 14, Zoning Code, Chapter 2, Base Zones; Chapter 3 Overlay Zones; Chapter 4, Use
Regulations; Chapter 5, Site Development Standards; Chapter 7, Administration; Chapter 8,
Review and Approval Procedures; Chapter 9, Definitions.
Moved and seconded that the ordinance amending certain specific provisions within
Title 14, Zoning Code, Chapter 2, Base Zones; Chapter 3 Overlay Zones; Chapter 4, Use
Regulations; Chapter 5, Site Development Standards; Chapter 7, Administration; Chapter 8,
Review and Approval Procedures; Chapter 9, Definitions, be given first vote. The Mayor
declared the motion carried.
Moved and seconded to defer indefinitely the ordinance rezoning 37.92 acres of land
located on Northgate Drive from Commercial Office (CO-1) and Interim Development - Office
Official Actions
November 14, 2006
Page 4
Research Park (ID-ORP) Zone to Research Development Park (RDP) Zone (REZ06-00023).
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 priorto the meeting at which it is to be finally passed
be suspended, the second consideration and vote be waived, and that ORD. 06-4240,
REZONING 7.61 ACRES OF PROPERTY LOCATED BOTH NORTH AND SOUTH OF
STEVENS DRIVE BETWEEN GILBERT STREET, AND WATERFRONT DRIVE, FROM
INTENSIVE COMMERCIAL (CI-1) ZONE TO COMMUNITY COMMERCIAL (CC-2) (REZ06-
00024), 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 accept correspondence from Douglas Ruppert. The Mayor declared the motion carried.
Moved and seconded to defer indefinitely a resolution approving the final plat of
Kennedy's Waterfront Addition Part 4, Iowa City, Iowa (SUB06-00009). The Mayor declared
the motion carried.
Moved and seconded that the ordinance amending City Code Title 17, entitled
"Building and Housing," to establish licensing requirements for the planning, layout,
supervision and installation of heating, ventilation, air conditioning (HVAC), commercial
kitchen hoods and for ducted air heating and cooling installers, be given first vote. 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. 06-
4241, AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION AND FEES," CHAPTER 4,
ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES,"
SECTION 8, ENTITLED "PARKING VIOLATIONS"; AMENDING TITLE 9, ENTITLED
"MOTOR VEHICLES AND TRAFFIC," CHAPTER 1, ENTITLED "DEFINITIONS,
ADMINISTRATION AND ENFORCEMENT OF TRAFFIC PROVISIONS," SECTION 1,
ENTITLED "DEFINITIONS"; AMENDING TITLE 9, CHAPTER 4, ENTITLED "PARKING
REGULATIONS," SECTION 3, ENTITLED "PARKING NOT TO OBSTRUCT TRAFFIC"; AND
AMENDING TITLE 9, CHAPTER 4, SECTION 10, ENTITLED "PARKING FOR LOADING
AND UNLOADING" TO DEFINE AND ESTABLISH PASSENGER LOADING ZONES AND
PENALTIES FOR VIOLATION OF SAID ZONES, 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 accept correspondence Mathew Chackalackal.
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. 06-
4242, AMENDING SECTION 1-9-3B OF THE CODE OF ORDINANCES OF IOWA CITY TO
CORRECT MINOR ERRORS IN THE LEGAL DESCRIPTIONS OF THE BOUNDARIES OF
CERTAIN VOTING PRECINCTS IN IOWA CITY, be voted on for final passage at this time.
The Mayor declared the motion carried. Moved and seconded that the ordinance be finally
adopted at this time.
Moved and seconded that the ordinance amending Title 10, entitled "Public Ways and
Property," Chapter 3, "Commercial Use of Sidewalks," Section 5 entitled" Use by Mobile
Official Actions
November 14, 2006
Page 5
Vendors" by amending Sub Section A2(a) to increase the number of permits issued on City
Plaza from Five to Six, be given first vote.
Moved and seconded that ORD. 06-4243, AMENDING TITLE 5, ENTITLED
"BUSINESS AND LICENSE REGULATIONS." CHAPTER 2, ENTITLED "VEHICLES FOR
HIRE" BY REPEALING SAID CHAPTER IN ITS ENTIRETY AND REPLACING IT WITH A
NEW CHAPTER 2, ENTITLED "TAXICABS", be passed and adopted.
Moved and seconded to adopt RES. 06-349, RESCINDING PRIOR RESOLUTION
NO. 02-11 AND IN LIEU THEREOF SETTING FEES AND CHARGES WITH RESPECT TO
THE ADMINISTRATION OF REGULATIONS OF TAXICABS, BY REPLACING "VEHICLE
FOR HIRE" REFERENCES WITH "TAXICAB".
Moved and seconded to adopt RES. 06-350, SUPPORTING THE DEVELOPMENT
OF AFFORDABLE HOUSING IN THE CITY OF IOWA CITY BY COMMITMENT OF A
$320,000 LOAN TO THE HOUSING FELLOWSHIP FUNDED BY ISSUANCE OF BONDS
AND AUTHORIZING THE MAYOR TO SIGN A LETTER OF SUPPORT TO FULFILL THE
THRESHOLD REQUIREMENTS OF THE LOW INCOME HOUSING TAX CREDIT
APPLICATION. Maryann Dennis, representing The Housing Fellowship, appeared.
Moved and seconded to adopt RES. 06-351, AMENDING THE BUDGETED
POSITIONS IN THE PARKING DIVISION OF THE PARKING AND TRANSIT DEPARTMENT
BY DELETING ONE 0.5 MAINTENANCE WORKER I - TOWING POSITION AND
CREATING ONE 0.5 MAINTENANCE WORKER 1- PARKING SYSTEMS POSITION.
Moved and seconded to adopt RES. 06-352, DEDICATING 8.29 ACRES OF A
PARCEL OF PROPERTY LOCATED AT 4213 S.E. SAND ROAD AS PUBLIC RIGHT-OF-
WAY, AND DESIGNATING THE BALANCE OF SAID PARCEL, CONSISTING OF
APPROXIMATELY 152 ACRES, AS PUBLIC PARKLAND.
Moved and seconded to adopt RES. 06-353, AWARDING CONTRACT to All American
Concrete for $340,929.48 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE GRAND AVENUE
ROUNDABOUT PROJECT.
Moved and seconded that RES. 06-354, AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR CONSTRUCTION OF THE HOUSING INSPECTIONS REMODELING PROJECT.
Moved and seconded to adopt RES. 06-355, AUTHORIZING THE CITY MANAGER
TO EXECUTE CONTRACTS FOR VARIOUS PURCHASES IN ACCORDANCE WITH THE
ANNUAL OPERATING BUDGET, CONTRACTS FOR PUBLIC IMPROVEMENTS WHEN
THE ESTIMATED TOTAL COST TO THE CITY DOES NOT EXCEED $25,000, AND
CONTRACTS FOR PROFESSIONAL SERVICES WHEN THE TOTAL COST OF SUCH
SERVICES DOES NOT EXCEED $25,000.
Moved and seconded to make the following appointments to boards and commissions:
Animal Care Task Force - (two Iowa City Residents) Teresa Kopel, 1701 Flatiron Avenue,
and Patricia Farrant, 1050 Woodlawn, (one Coralville Resident) Paula Kelley, 2046 9th Street,
(one Johnson County Resident) Jane McCune, 8 Woodland Heights, to fill terms ending
June 30, 2009. Correspondence received from Michelle Hickman, Roxanne Schomers,
Teresa Howard; Human Rights Commission - Joy Kross, 131 Friendship, to fill a three-year
term January 1, 2007 - January 1, 2010; Parks and Recreation Commission - re-appoint
John Watson, 1105 Barrington Avenue, to fill a four-year term January 1, 2007 - January 1,
Official Actions
November 14, 2006
Page 6
2011; Public Art Advisory Committee - re-appoint Mark Seabold, 307 College Street, to fill a
three-year term January 1, 2007 - January 1, 2010; Senior Center Commission - re-appoint
Nancy Wombacker, 3644 Elgin Drive, to fill a three-year terms January 1, 2007 - December
31,2009. The Mayor declared the motion carried. The Mayor stated he had a conflict of
interest on the following appointment and abstained. Mayor Pro tem Bailey presiding.
Moved and seconded to appoint Andy Douglas, 2121 D Muscatine Avenue to the Housing
and Community Development Commission to fill an unexpired term ending September 1,
2008. The Mayor Pro tem declared the motion carried. Mayor Wilburn now presiding.
The Mayor noted that Youth Advisory Commission appointments are deferred to
November 28th for two persons age 15 to 17 for two year terms January 1, 2007 - December
31, 2008, and (1) person - Age 18 to 21 for two year term January 1, 2007 - December 31,
2008.
The Mayor noted the current vacancies will be readvertised: Airport Zoning Brd of
Adjustment to fill an unexpired term plus a five-year term ending December 31, 2011; Airport
Zoning Commission to fill a six-year term January 1,2006 - December 31,2011; Board of
Adjustment to fill a five-year term January 1, 2007 - January 1, 2012; Board of Appeals to fill
a five-year term January 1,2007 - December 31,2011; Human Rights Commission for two
appointments to fill three-year terms January 1, 2007 - January 1, 2010; Parks and
Recreation Commission for two appointments to fill four-year terms January 1, 2007 -
January 1, 2011; Senior Center Commission to fill a three-year terms January 1, 2007 -
December 31,2009. [Staff will not publish additional notices after a period of six publications;
but will continue to advertise vacancies with postings and on the Council agenda. However,
no additional publication costs will be incurred.]
Moved and seconded to adjourn at 8:00 p.m. The Mayor declared the motion carried.
A more complete description of Council activities and disbursements is on file in the
office of the City Clerk and Finance Department.
s/Ross Wilburn, Mayor
7n s/Marian K. Karr, City Clerk
//(~01! ~~
Submitted for ublication - 11/21/06.
w
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office 356-5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
NOVEMBER 14, 2006
Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Wilburn
presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell,
Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr,
Franklin, Hennes. Council minutes tape recorded on Tape 06-79, Side 2, Tape 06-85, Side
1.
The Mayor proclaimed Hunger and Homelessness Awareness Week: November 12-
18, 2006, Crissy Canganelli, ex-director of Shelter House accepting.
The Mayor and Youth Advisory Commission representative Michael Nelson presented
Outstanding Student Citizenship Awards to Mark Twain Elementary students: Geneva
Conrad, Jake Herdliska, Abby Saehler.
Moved by Vanderhoef, seconded by Bailey, that the following items and
recommendations in the Consent Calendar be received, or approved, as amended and to
delete from the Consent Calendar and consider as a separate item 4f(2) resolution approving
By-Laws of the Housing and Community Development Commission:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: October 16, Regular Council Work Session; October 17, Regular Council
Formal Official and Complete; October 30, Special Council Work Session; October 30,
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): Senior
Center Commission - September 19, 2006; Airport Commission - September 18, 2006;
Airport Commission - September 14, 2006; Parks & Recreation Commission - August
9, 2006; Housing and Community Development - September 21, 2006;
Telecommunications Commission - September 25,2006; Historic Preservation
Commission - September 14, 2006; Historic Preservation Commission - September
28, 2006; Public Art Advisory Commission - October 5, 2006; Public Library Board of
Trustees - September 28, 2006; Public Library Board of Trustees - October 26, 2006
Youth Advisory Commission - October 4, 2006; Civil Service Commission - November
8, 2006.
Permit Motions and Resolutions as Recommended by the City Clerk. New:
Class C Liquor License for Christian Retirement Services, Inc., dba Oaknoll
Retirement Residence, 1 Oaknoll Court. Renewal: Class C Liquor License for
Bowman Ventures, Inc., dba Fitzpatrick's, 310 E. Prentiss St.; Outdoor Service Area
for Bowman Ventures, Inc., dba Fitzpatrick's, 310 E. Prentiss St.; Class C Beer Permit
for Aldi, Inc., dba Aldi, Inc. #6,1534 S .Gilbert St.; Class C Liquor License for Kandy
Land, Inc., dba Kandy Land, 928 Maiden Lane; Class C Liquor License for Yelder
Enterprises, Inc., dba Que, 211 Iowa Ave; Class C Liquor License for Suzster, Inc.,
dba Club Car, 122 Wright St.; Class C Liquor License for Blazin Wings, Inc., dba
Buffalo Wild Wings Grill & Bar, 201 S Clinton St.; Class C Liquor License for Summit
Restaurant & Bar, Inc., dba Summit, 10 S. Clinton St.; Class C Liquor License for Old
Complete Description
November 14, 2006
Page 2
Capitol Brew Works & Public House, LLC, dba Old Capitol Brew & Public House, LLC,
525 S Gilbert St.; Outdoor Service Area for Old Capitol Brew Works & Public House,
LLC, dba Old Capitol Brew & Public House, LLC, 525 S Gilbert St.; Class C Beer
Permit for Fuller Properties, LC, dba T & M Mini Mart, 2601 Hwy 6 East; RES. 06-335,
TO ISSUE DANCE PERMITS for Kandy Land, Inc., dba Kandy Land, 928 Maiden
Lane and Summit Restaurant & Bar, Inc., dba Summit, 10 S. Clinton St. RES. 06-336,
TO REFUND CIGARETTE PERMIT for FAP Enterprises, Inc., dba Gasby's , 2 Escort
Lane.
Motion: Approve disbursements in the amount of $15,082,075.00 for the period
of September 1 through September 30, 2006, as recommended by the Finance
Director.
Setting a Public Hearing: RES. 06-337, SETTING A PUBLIC HEARING on
November, 2006 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST OF CONSTRUCTION OF TWO TWO-FAMILY OWNER
OCCUPIED HOMES LOCATED ON LOTS 10 AND 11, LONGFELLOW MANOR
UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM,
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND
DIRECTING THE DIRECTOR OF HOUSING AND INSPECTION SERVICES TO
PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 06-338, SETTING A
PUBLIC HEARING FOR NOVEMBER 28,2006 ON THE UPDATE OF THE IOWA
CITY HOUSING AUTHORITY'S HOUSING CHOICE VOUCHER (HCV)
ADMINISTRATIVE PLAN; RES. 06-339, SETTING A PUBLIC HEARING ON
NOVEMBER 28,2006 ON THE UPDATE OF THE IOWA CITY HOUSING
AUTHORITY PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY
PLAN (ACOP).
Resolutions: RES. 06-340, NAMING DEPOSITORIES; RES. 06-341,
ACCEPTING THE WORK FOR THE IOWA CITY WATER FACILITY
IMPROVEMENTS DIVISION 1: WATER TREATMENT PLANT; DIVISION 2: WELL
HOUSES PROJECT; RES. 06-342, ACCEPTING THE WORK FOR THE MEADOW
STREET BRIDGE REPLACEMENT AND DOVER STREET DRAINAGE BASIN
IMPROVEMENTS PROJECT [BROS-3715(626)-8J-52; RES. 06-343, ACCEPTING
THE WORK FOR THE SANITARY SEWER, FORCE MAIN, LIFT STATION, STORM
SEWER, WATER MAIN, TREE BUFFER, PAVING IMPROVEMENTS, TRAIL &
CERTAIN SIDEWALK PUBLIC IMPROVEMENTS FOR MACKINAW VILLAGE-
PART TWO, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC
ACCESS AND USE; RES. 06-344, ACCEPTING THE WORK FOR THE SANITARY
SEWER, STORM SEWER, WATER MAIN, PAVING AND CERTAIN SIDEWALK
PUBLIC IMPROVEMENTS FOR GALWAY HILLS SUBDIVISION - PART FOUR, AND
DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE;
RES. 06-345, ACCEPTING THE WORK FOR THE SANITARY SEWER PUBLIC
IMPROVEMENTS FOR DUBUQUE ROAD CONDOMINIUMS; RES. 06-346,
ACCEPTING THE WORK FOR THE SANITARY SEWER AND STORM SEWER
PUBLIC IMPROVEMENTS FOR LOT 1 OF SADDLEBROOK ADDITION - PART I;
RES. 06-347, ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER
-~--------~-_.__._----'^._--~~--- ,,-_....._-_.._---_.._------------~'~---,.._---_.~."_.------..---.-
Complete Description
November 14, 2006
Page 3
MAIN PUBLIC IMPROVEMENTS FOR LOT 4 OF SADDLEBROOK ADDITION -
PART II.
Correspondence: JCCOG Traffic Engineering Planner regarding Installation of
HANDICAP PARKING in the 200 block of E. Washington Street; JCCOG Traffic
Engineering Planner regarding Install NO PARKING CORNER TO HERE sign on the
west side of Upland Avenue; Acting Traffic Engineering Planner regarding Replace (1)
existing VALET PARKING ONLY 5 PM - 2 AM TOW AWAY ZONE sign located on the
200 block of S. Clinton Street in front of Joseph's restaurant with (1) VALET PARKING
PASSENGER LOADING ZONE NO UNATTENDED VEHICLES 5 PM - 2AM TOW
AWAY ZONE sign; Acting Traffic Engineering Planner regarding Install (1) VALET
PARKING PASSENGER LOADING ZONE NO UNATTENDED VEHICLES 5 PM-2AM
TOW AWAY ZONE sign on the south travel lane of the 100 block of Washington Street
in front of The Den; Jennifer Kardos regarding Great job by Iowa City employees; John
McKinstry regarding Inclusionary Housing; Simon Willard regarding Parking concerns;
Byung Yang regarding Parking concern on Sunset Street [Staff response included];
Trail System letters from Michael Connell [staff response included], Janelle Rettig;
Second-hand smoke letters from Kelli Craddick, Lizeth Garcia, Nick Thies; Railroad
cross bars letters from Tom Daugherty, Joe McQuaid; Jean Walker regarding Illegal
guns; Garry Klein regarding Airport development; Deb Briggs and Cheryl Nelson
regarding Thank you to City Cable for assistance with the Home Ownership Mortgage
Readiness Course; John Pearson regarding Bicycle lanes; Legal Drinking Age letters
from Ben Cohen, Tyler Mullinnix [Staff response included]; Michael Scott regarding
Gas prices in Iowa City; Robert Abramovske regarding Allow bicycles in Iowa City
Skate Park; Amanda Battaglia regarding Shifting street [Staff response included];
Stacey Green regarding Sinclair GrouplMediacom [Staff response included]; Support
for Summer of the Arts letters from Mark Ginsberg, Tianna Streeter, Donald
Thompson; Crissy Canganelli regarding National Week of Hunger and Homelessness.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the motion carried.
The Mayor stated he had a conflict of interest on the next item and left the meeting.
Mayor Pro tern Bailey presiding. Moved by Champion, seconded by Correia, to adopt RES.
06-348, APPROVING BY-LAWS OF THE HOUSING AND COMMUNITY DEVELOPMENT
COMMISSION. Affirmative roll call vote unanimous, 6/0, Wilburn abstaining. The Mayor Pro
tern declared the resolution adopted.
Mayor Wilburn returned to the meeting.
Leah Cohen, 1638 Teg Dr., appeared representing the Iowa City Alcohol Advisory
Board expressing confusion over the proposed Building and Fire Code amendments, and
updated Council on a program being implemented downtown in cooperation with the Iowa
Alcohol Beverages Division and Brandeis University. Rebecca Neades, Chamber of
Commerce, appeared expressed concerns over proposed Building and Fire Code
amendments and offered to facilitate a committee to review the ordinances and ramifications
to businesses. Staff will follow up. John Rummelhart, 1112 E. Court St., appeared regarding
additional tax funding and state accounting rules.
A public hearing was held on an ordinance amending certain specific provisions within
Title 14, Zoning Code, Chapter 2, Base Zones; Chapter 3 Overlay Zones; Chapter 4, Use
Complete Description
November 14, 2006
Page 4
Regulations; Chapter 5, Site Development Standards; Chapter 7, Administration; Chapter 8,
Review and Approval Procedures; Chapter 9, Definitions. No one appeared.
Moved by O'Donnell, seconded by Bailey, that the ordinance amending certain specific
provisions within Title 14, Zoning Code, Chapter 2, Base Zones; Chapter 3 Overlay Zones;
Chapter 4, Use Regulations; Chapter 5, Site Development Standards; Chapter 7,
Administration; Chapter 8, Review and Approval Procedures; Chapter 9, Definitions, 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 Champion, to defer indefinitely the ordinance rezoning
37.92 acres ofland located on Northgate Drive from Commercial Office (CO-1) and Interim
Development - Office Research Park (ID-ORP) Zone to Research Development Park (RDP)
Zone (REZ06-00023) (Northgate Corporate Park). The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Vanderhoef, 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. 06-4240, REZONING 7.61 ACRES OF PROPERTY LOCATED BOTH NORTH
AND SOUTH OF STEVENS DRIVE BETWEEN GILBERT STREET, AND WATERFRONT
DRIVE, FROM INTENSIVE COMMERCIAL (CI-1) ZONE TO COMMUNITY COMMERCIAL
(CC-2) (REZ06-00024) (Carousel Motors), 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 Vanderhoef, seconded by Correia, 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 Vanderhoef, seconded by Bailey, to
accept correspondence from Douglas Ruppert. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present.
Moved by Champion, seconded by Correia, to defer indefinitely a resolution approving
the final plat of Kennedy's Waterfront Addition Part 4, Iowa City, Iowa (SUB06-00009). The
Mayor declared the motion carried unanimously, 7/0, all Council Members present.
Moved by Vanderhoef, seconded by Champion, that the ordinance amending City
Code Title 17, entitled "Building and Housing," to establish licensing requirements for the
planning, layout, supervision and installation of heating, ventilation, air conditioning (HVAC),
commercial kitchen hoods and for ducted air heating and cooling installers, be given first
vote. Moved by Elliott, seconded by O'Donnell, to defer to November 28. Individual Council
Members expressed their views. Sr. Building Inspector Hennes present for discussion. The
motion to defer was withdrawn. The Mayor declared the motion carried for first vote of
ordinance, 5/2, with the following division of roll call vote. Ayes: Correia, Vanderhoef,
Wilburn, Bailey, Champion. Nays: O'Donnell, Elliott. Absent: None.
Moved by Bailey, seconded by Correia, 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. 06- 4241, AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION AND
FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS,
FINES AND PENALTIES," SECTION 8, ENTITLED "PARKING VIOLATIONS"; AMENDING
TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 1, ENTITLED
Complete Description
November 14, 2006
Page 5
"DEFINITIONS, ADMINISTRATION AND ENFORCEMENT OF TRAFFIC PROVISIONS,"
SECTION 1, ENTITLED "DEFINITIONS"; AMENDING TITLE 9, CHAPTER 4, ENTITLED
"PARKING REGULATIONS," SECTION 3, ENTITLED "PARKING NOT TO OBSTRUCT
TRAFFIC"; AND AMENDING TITLE 9, CHAPTER 4, SECTION 10, ENTITLED "PARKING
FOR LOADING AND UNLOADING" TO DEFINE AND ESTABLISH PASSENGER LOADING
ZONES AND PENALTIES FOR VIOLATION OF SAID ZONES, be voted on for final passage
at this time. Individual Council Members expressed their views. The Mayor declared the
motion carried, 6/1, with the following division of roll call vote. Ayes: Elliott, O'Donnell,
Wilburn, Bailey, Champion, Correia. Nays: Vanderhoef. Absent: None. Moved by Bailey,
seconded by O'Donnell, that the ordinance be finally adopted at this time. The Mayor
declared the ordinance adopted, 6/1, with the following division of roll call vote. Ayes:
O'Donnell, Wilburn, Bailey, Champion, Correia, Elliott. Nays: Vanderhoef. Absent: None.
Moved by O'Donnell, seconded by Champion, to accept correspondence Mathew
Chackalackal. The Mayor declared the motion carried unanimously, 7/0, all Council
Members present.
Moved by Vanderhoef, seconded by Correia, 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. 06-4242, AMENDING SECTION 1-9-3B OF THE CODE OF ORDINANCES
OF IOWA CITY TO CORRECT MINOR ERRORS IN THE LEGAL DESCRIPTIONS OF THE
BOUNDARIES OF CERTAIN VOTING PRECINCTS IN IOWA CITY, be voted on for final
passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Correia, 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 Correia, that the ordinance amending Title 10,
entitled "Public Ways and Property," Chapter 3, "Commercial Use of Sidewalks," Section 5
entitled" Use by Mobile Vendors" by amending Sub Section A2(a) to increase the number of
permits issued on City Plaza from Five to Six, be given first vote. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted.
Moved by Champion, seconded by Bailey, that ORD. 06-4243, AMENDING TITLE 5,
ENTITLED "BUSINESS AND LICENSE REGULATIONS." CHAPTER 2, ENTITLED
"VEHICLES FOR HIRE" BY REPEALING SAID CHAPTER IN ITS ENTIRETY AND
REPLACING IT WITH A NEW CHAPTER 2, ENTITLED "TAXICABS", be passed and
adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor
declared the ordinance adopted.
Moved by Champion, seconded by Correia, to adopt RES. 06-349, RESCINDING
PRIOR RESOLUTION NO. 02-11 AND IN LIEU THEREOF SETTING FEES AND CHARGES
WITH RESPECT TO THE ADMINISTRATION OF REGULATIONS OF TAXICABS, BY
REPLACING "VEHICLE FOR HIRE" REFERENCES WITH "TAXICAB". Affirmative roll call
vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Moved by Correia, seconded by Vanderhoef, to adopt RES. 06-350, SUPPORTING
THE DEVELOPMENT OF AFFORDABLE HOUSING IN THE CITY OF IOWA CITY BY
COMMITMENT OF A $320,000 LOAN TO THE HOUSING FELLOWSHIP FUNDED BY
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November 14, 2006
Page 6
ISSUANCE OF BONDS AND AUTHORIZING THE MAYOR TO SIGN A LETTER OF
SUPPORT TO FULFILL THE THRESHOLD REQUIREMENTS OF THE LOW INCOME
HOUSING TAX CREDIT APPLICATION. Maryann Dennis, representing The Housing
Fellowship, appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present.
The Mayor declared the resolution adopted.
Moved by Bailey, seconded by Vanderhoef, to adopt RES. 06-351, AMENDING THE
BUDGETED POSITIONS IN THE PARKING DIVISION OF THE PARKING AND TRANSIT
DEPARTMENT BY DELETING ONE 0.5 MAINTENANCE WORKER I - TOWING POSITION
AND CREATING ONE 0.5 MAINTENANCE WORKER 1- PARKING SYSTEMS POSITION.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted.
Moved by Bailey, seconded by Correia, to adopt RES. 06-352, DEDICATING 8.29
ACRES OF A PARCEL OF PROPERTY LOCATED AT 4213 S.E. SAND ROAD AS PUBLIC
RIGHT-OF-WAY, AND DESIGNATING THE BALANCE OF SAID PARCEL, CONSISTING OF
APPROXIMATELY 152 ACRES, AS PUBLIC PARKLAND (S & G Materials). Affirmative roll
call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution
adopted.
Moved by O'Donnell, seconded by Champion, to adopt RES. 06-353, AWARDING
CONTRACT to All American Concrete for $340,929.48 AND AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF
THE GRAND AVENUE ROUNDABOUT PROJECT. Individual Council Members expressed
their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll
call vote. Ayes: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell. Nays: Vanderhoef.
Absent: None.
Moved by Champion, seconded by Vanderhoef, that RES. 06-354, AWARDING
CONTRACT to City Const. Group, L.C. for $ 49,890.00 AND AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF
THE HOUSING INSPECTIONS REMODELING PROJECT. Affirmative roll call vote
unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted.
Moved by Vanderhoef, seconded by Champion, to adopt RES. 06-355,
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR VARIOUS
PURCHASES IN ACCORDANCE WITH THE ANNUAL OPERATING BUDGET,
CONTRACTS FOR PUBLIC IMPROVEMENTS WHEN THE ESTIMATED TOTAL COST TO
THE CITY DOES NOT EXCEED $25,000, AND CONTRACTS FOR PROFESSIONAL
SERVICES WHEN THE TOTAL COST OF SUCH SERVICES DOES NOT EXCEED $25,000.
Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared
the resolution adopted.
Moved by O'Donnell, seconded by Bailey, to make the following appointments to
boards and commissions: Animal Care Task Force - (two Iowa City Residents) Teresa
Kopel, 1701 Flatiron Avenue, and Patricia Farrant, 1050 Woodlawn, (one Coralville Resident)
Paula Kelley, 2046 9th Street, (one Johnson County Resident) Jane McCune, 8 Woodland
Heights, to fill terms ending June 30, 2009. Correspondence received from Michelle
Hickman, Roxanne Schomers, Teresa Howard; Human Rights Commission - Joy Kross, 131
Friendship, to fill a three-year term January 1, 2007 - January 1, 2010; Parks and Recreation
Commission - re-appoint John Watson, 1105 Barrington Avenue, to fill a four-year term
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November 14, 2006
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January 1, 2007 - January 1, 2011; Public Art Advisory Committee - re-appoint Mark
Seabold, 307 College Street, to fill a three-year term January 1,2007 - January 1,2010;
Senior Center Commission - re-appoint Nancy Wombacker, 3644 Elgin Drive, to fill a three-
year terms January 1, 2007 - December 31 ,2009. The Mayor declared the motion carried
unanimously, 7/0, all Council Members present. The Mayor stated he had a conflict of
interest on the following appointment and abstained. Mayor Pro tem Bailey presiding.
Moved by Correia, seconded by O'Donnell, to appoint Andy Douglas, 2121 D Muscatine
Avenue to the Housing and Community Development Commission to fill an unexpired term
ending September 1, 2008. The Mayor Pro tem declared the motion carried unanimously,
6/0, Wilburn abstaining. Mayor Wilburn now presiding.
The Mayor noted that Youth Advisory Commission appointments are deferred to
November 28th for two persons age 15 to 17 for two year terms January 1, 2007 - December
31,2008, and (1) person - Age 18 to 21 for two year term January 1,2007 - December 31,
2008.
The Mayor noted the current vacancies will be readvertised: Airport Zoning Brd of
Adjustment to fill an unexpired term plus a five-year term ending December 31,2011; Airport
Zoning Commission to fill a six-year term January 1,2006 - December 31,2011; Board of
Adjustment to fill a five-year term January 1,2007 - January 1,2012; Board of Appeals to fill
a five-year term January 1, 2007 - December 31 , 2011; Human Rights Commission for two
appointments to fill three-year terms January 1, 2007 - January 1, 2010; Parks and
Recreation Commission for two appointments to fill four-year terms January 1, 2007 -
January 1, 2011; Senior Center Commission to fill a three-year terms January 1, 2007 -
December 31, 2009. [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 Elliott noted that the Big Ten ranked 8 schools among the nation's top
12 party schools but Iowa was not on the list.
Mayor Pro tem Bailey wished everyone a Happy Thanksgiving, and safe traveling to
those leaving town.
Council Member Vanderhoef noted the Iowa League of Cities Advocacy Workshop in
Johnston on November 15; and America's Recycling Day on November 15; the East Central
Iowa Council Of Governments legislative forum has been rescheduled to December 12 in
Coralville Council Chambers from 4:00-6:00 p.m.; reported that she attended and Council
Member Champion represented the City at the annual Veteran's Day Banquet and former
City employee Lyle Seydel received the Will Hayek Award.
Council Member O'Donnell wished everyone a Happy Thanksgiving; and inquired as
to the status of Sinclair and Mediacom negotiations concerning KGAN. Asst. City Manager
Helling clarified that the Fox affiliate locally is not owned by Sinclair.
Council Member Correia updated Council on activities of the Youth Advisory
Commission; and reported that she and Council Member Elliott attended the housing summit
earlier in the day.
Mayor Wilburn announced the City had received an award from the National League of
Cities recognizing the City's 40 years of involvement; reported on his attendance at the David
and Rosalie Braverman scholarship reception and congratulated recipients Laurie Hughes,
James Power and Christopher Kelly; and stated that any members of Roy Justices'
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November 14, 2006
Page 8
journalism class in the audience could stay afterwards for a press conference style format of
answering questions.
Moved by O'Donnell, seconded by Bailey, to adjourn at 8:00 p.m. The Mayor
declared the motion carried unanimously, 7/0, all Council Members present.
Ross Wilburn, Mayor
Marian K. Karr, City Clerk