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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 ~~-'uJ ~ ~ Ma' n K. Karr, City Clerk I! i --= -~ !~W;!:"t -,;;;;,.... ..11II1' ...".~ 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. ._~_~~________.__.~m__'___"______"____~_'___._"~'_'_.,"--~----,,--_...~._._.-..,-_._-~---------_._'-_._--_.-----..--.-...------~..-------.. I! I -....= -~ t~w;!:1lt -,;;;;,....~IIII.' ...,.~ 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 ____,____u,._____....~_._,.,_.__.. _.."~_._._.__~___~_.,______.__..____ .0. .___"~_."_ I ~ 1 -,...= -~... ~~~i!:"t. ~... ~IIII'" ........~ CITY. 0 F ..10WA. C I Tvf];[ 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. ^--,,---,-,-~-'~--"---"~--"'--------~'---------~'-------,._-~----~--_._----~ 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 Complete Description 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 Complete Description November 14, 2006 Page 7 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' Complete Description 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