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HomeMy WebLinkAbout2008-11-18 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES NOVEMBER 18, 2008 Iowa City City Council regular meeting 7:00 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wright. Absent: Wilburn. Staff members present: Lombardo, Dilkes, Helling, Karr, Rackis, Yapp, Howard, Miklo, Fosse, Ford, O'Brien. The Mayor presented Outstanding Student Citizenship Awards to Shimek Elementary students: Alec James, Addison Kosier. Moved by Champion, seconded by Wright, that the following items and recommendations in the Consent calendar be received, approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk; November 3, Special Council Work Session; November 3, 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): Airport Commission -October 1, 2008; Airport Commission -September 11, 2008; Youth Advisory Commission -September 15, 2008; Public Art Advisory Committee - September 4, 2008; Planning and Zoning Commission -October 16, 2008; Planning and Zoning Commission -October 13, 2008. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Pub on Clinton Street, LLC., dba Pints, 114 S Clinton St.; Renewal: Class C Liquor License for Blazin Wings, Inc., dba Buffalo Wild Wings Grill & Bar, 201 S. Clinton St.; Outdoor Service Area for Blazin Wings, Inc., dba Buffalo Wild Wings Grill & Bar, 201 S. Clinton St.; Class C Liquor License for Kandy Land, Inc., dba Kandy Land, 928 Maiden Lane; Class C Liquor License for Suzster, Inc., dba Club Car, 122 Wright St.; 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 Beer Permit for Aldi, Inc., dba Aldi, Inc. #6, 1534 S. Gilbert St.; Class C Beer Permit for Sector, Inc., dba Creekside Market, 2601 Highway 6 E. RES. 08-328, TO ISSUE A DANCING PERMIT for Kandy Land, Inc., dba Kandy Land, 928 Maiden Lane. Resolutions: RES. 08-329, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED IN JOHNSON COUNTY, IOWA; RES. 08-330, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2426 ASTER AVENUE, IOWA CITY, IOWA. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of (2) NO PARKING BETWEEN SIGNS signs on the north side of Ruppert Road and the installation of (1) NO PARKING DRIVEWAY TO HERE sign on the south side of Ruppert Road; JCCOG Traffic Engineering Planner regarding Installation of NO PARKING ANYTIME signs on the east side of Swisher Lane between Foster Road and White Oak Place; Janice Horak regarding Thank you for Community Event Funding; Amy Charles regarding Violent crime; Sally Whittaker regarding Speed Humps and traffic circle on Glendale Road. Letter from Horn Elementary 6th Grade Complete Description November 18, 2008 Page 2 Girls' Lego Robot Team regarding Flood questions; Jumpstart Fund Disbursement letters from Justin and Jill Fishbaugh, Cliff Pirnat, Piyush Patel [staff response included]; Jerry Raaz regarding City website; Brenda Pearson regarding Englert Request for Funding [12 letters of support included]; Katy Brown regarding Code Inquiry (2). Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the motion carried. Jim Bollinger, 1126 Sandusky Dr., appeared regarding abandoned shopping carts being left on his property. Katy Brown, 3222 Shamrock Dr., appeared requesting Council consider amending the Code to recognize invisible fences as a fence alternative within the City; majority agreed to schedule for an upcoming work session. Monique DiCarlo, Interim Sexual Assault Coordinator at the University of Iowa and Director of the Women's Resource and Action Center, thanked Council for their dialog the previous evening on the Task Force recommendation and encouraged a point person/liaison between the City and University be identified. Karina Smith, 208 Amhurst, appeared regarding the increase in crime activities. A public hearing was held on an ordinance amending Title 14, Zoning Code, to establish a minimum parking requirement for household living uses in the Central Business (CB-10) Zone and to amend the definition of "Household" to reduce the number of unrelated persons allowed to reside in one dwelling unit from five (5) unrelated persons to three (3) unrelated persons in the Community Commercial (CC-2), Central Business Service (CB-2), Central Business Support (CB-5) and Central Business (CB-10) Zones. Sr. Planner Miklo present for discussion. Copies of two proposed ordinances (separately parking and occupancy) were distributed and discussed. The following individuals appeared: Atty. Joe Holland, representing the Clark family; Marc Moen, 221 E. College St. # 1301; and Jeff Clark, 414 E. Market St. Moved by Champion, seconded by O'Donnell, to continue the public hearing and defer first consideration of the ordinance until December 16. Individual Council Members expressed their views. The Mayor declared the motion defeated, 2/4, with the following division of voice vote: Ayes: Champion, O'Donnell. Nays: Bailey, Correia, Hayek, Wright. Absent: Wilburn. Moved by Wright, seconded by Champion, to continue the public hearing (re parking) and consideration of the ordinance amending Title 14, Zoning Code, to establish a minimum parking requirement for household living uses in the Central Business (CB-10) Zone, until December 16. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the motion carried, and declared the public hearing closed regarding "occupancy". Moved by Wright, seconded by Hayek, that the ordinance amending Title 14, Zoning Code, to amend the definition of "Household" to reduce the number of unrelated persons allowed to reside in one dwelling unit from five (5) unrelated persons to three (3) unrelated persons in the Community Commercial (CC-2), Central Business Service (CB-2), Central Business Support (CB-5) and Central Business (CB-10) Zones, be given first vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 4/2, with the following division of roll call vote: Ayes: Bailey, Correia, Hayek, Wright. Nays; Champion, O'Donnell. Absent: O'Donnell. Majority agreed to schedule "parking" timeline and process discussion for December 1 work session. Moved by O'Donnell, seconded by Correia, that the ordinance amending Title 5, "Business and License Regulations," Chapter 2, "Taxicabs," in Sections 5-2-4, "Vehicle Inspection Required," Subsection A and 1(A) of the City Code to clarify current requirements, to increase safety, and to require annual inspections, be given first vote. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the motion carried. Complete Description November 18, 2008 Page 3 Moved by Wright, 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. 08-4321, AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC", CHAPTER 4, ENTITLED "PARKING REGULATIONS", SECTION 9, ENTITLED "PARKING DURING SNOW EMERGENCIES", TO REQUIRE, UPON DECLARATION OF A SNOW EMERGENCY BY THE CITY MANAGER, ALTERNATE SIDE PARKING UPON CITY STREETS NOT CURRENTLY POSTED FOR SAME DURING THE DECLARED EMERGENCY, be voted on for final passage at this time. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the motion carried. Moved by Wright, seconded by O'Donnell, that the ordinance be finally adopted at this time. Caroline Dieterle, 727 Walnut St., appeared. PW Dir. Fosse present for discussion. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the ordinance adopted. Moved by Correia, seconded by Hayek, to adopt RES. 08-331, AUTHORIZING THE IOWA CITY HOUSING AUTHORITY TO SUBMIT A GRANT APPLICATION FOR STATE HOME FUNDS, IN THE AMOUNT OF $200,000, FROM THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR THE DOWNPAYMENT ASSISTANCE FOR INCOME ELIGIBLE FIRST-TIME HOMEBUYERS AND AUTHORIZING THE CITY MANAGER TO SIGN THE GRANT AGREEMENT AND ANY AMENDMENT THERETO. Housing Administrator Rackis present for discussion. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Hayek, to adopt RES. 08-332, AUTHORIZING THE REMOVAL OF SPEED HUMPS ON FOURTH AVENUE AND A STREET BETWEEN COURT STREET AND THIRD AVENUE. Transportation Planner Yapp present for discussion. Delores Krotz appeared. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Hayek, to adopt RES. 08-333, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF CORALVILLE, IOWA FOR THE PROVISION OF ANIMAL CARE SERVICES. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, to adopt RES. 08-334, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FIRST AMENDMENT TO THE AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND DEVELOPER SOUTHGATE DEVELOPMENT COMPANY FOR THE REDEVELOPMENT OF PEPPERWOOD MALL. Economic Development Coordinator Ford present for discussion. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Moved by Wright, seconded by O'Donnell, to adopt RES. 08-335, ESTABLISHING CITY OF IOWA CITY 2009 LEGISLATIVE PRIORITIES. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. The Mayor noted that no applications were received for the following Boards and Commissions and will be readvertised: Airport Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus afive-year term ending December 31, 2011; Airport Zoning Commission -to fill a six-year term January 1, 2006 -December 31, 2011. Moved by O'Donnell, seconded by Correia, that the Youth Advisory Commission appointment to fill an unexpired plus a two year term, effective upon appointment, ending December 31, 2010, for 15 to 17 on the date of filing, be deferred indefinitely pending Complete Description November 18, 2008 Page 4 adoption of revised bylaws. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. Moved by Correia, seconded by Champion, to appoint Council Members Mike Wright and Mike O'Donnell to the Human Services/Aid to Agencies. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. The Mayor noted the previously announced vacancies to Boards and Commissions: Board of Adjustment to fill afive-year term January 1, 2009 -January 1, 2014; Airport Zoning Brd of Adjustment to fill afive-year term January 1, 2009 -December 31, 2013; Appeals, Board of for two vacancies to fill five-year terms January 1, 2009 -December 31, 2013, one for a Mechanical Professional; Historic Preservation Commission to fill an unexpired term, effective upon appointment, ending March 29, 2011 for a Longfellow District Representative; Parks & Recreation Commission for two vacancies to fill four-year terms January 1, 2009 - January 1, 2013; Senior Center Commission for two vacancies to fill three-year terms January 1, 2009 -December 31, 2011; Youth Advisory Commission to fill an unexpired plus a two year term, effective upon appointment, ending December 31, 2010, one (1) person - Age 15 to 17 on the date of filing. Applications must be received by 5:00 p.m., Wednesday, December 10, 2008. The Mayor noted the current vacancy for Parks & Recreation Commission to fill an unexpired term, effective upon appointment, ending January 1, 2011. Applications must be received by 5:00 p.m., Wednesday, December 31, 2008. Applications must be received by 5:00 p.m., Wednesday, December 31, 2008. Moved by Wright, seconded by Hayek, to accept correspondence from John Watson. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.]. Council Members wished the community, and each other, a Happy Thanksgiving. City Manager Lombardo stated he was about 90% through departmental budget hearings, and on track for release of the budget in mid-December. Moved by O'Donnell, seconded by Hayek, to adjourn 8:35 p.m. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. nia D. Bai ey, yor Mari n K. Karr, City Clerk r 3a(1) ~~„~!,~,®~,~ CITY CAF [CJV~lA CITY RA ~ D (~ ~ E~~J Date: November 10, 2008 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, November 3, 2008, 5:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright UISG Rep: Gunn Staff: Lombardo, Helling, Dilkes, Karr, Fosse (A complete transcription is available in the City Clerk's Office) COUNCIL APPOINTMENTS Board of Adjustment - no applicants, re-advertise Airport Zoning Brd of Adjustment - no applicants, re-advertise Board of Appeals - no applicants, re-advertise Human Rights Commission - Wangui Gathua; Dianne Day; Martha Lubaroff Parks & Recreation Commission - no applicants, re-advertise Public Art Advisory Commission - DaLayne Williamson and Patrick Carney Senior Center Commission - no applicants, re-advertise Youth Advisory Commission - no applicants, defer indefinitely pending revised bylaws AGENDA ITEMS 1. (Agenda item # 10 -resolution authorizing ... 28E agreement ... city of Coralville ... Animal Care Services) City Manager requested that the item be deferred to allow staff time to provide information for him on funding and maintaining the facility to be assured of full cost recovery. Majority agreed to defer the item until November 18. 2. (Agenda item # 7 -ordinance amending Title 9 .... snow emergency ... alternate side parking ...) PW Director Fosse present for discussion regarding the possibility of opening up City ramps or parking areas within city parks for parking over night; providing education information prior to the University winter break; duration of an emergency being 48 hours; ability to provide examples of alternate parking during emergencies for the public during the formal meeting; cooperation with the University, both in terms of storage options but also education, and consistent information being provided after hours and week-ends. 3. (Agenda item # 8 -resolution establish a sidewalk removal policy) In response to Council Member Wright, City Atty. Dilkes stated the proposed policy was simply a codification of the existing practices. 4. (Consent Calendar item # 4f(8) -correspondence from Laurie Haag regarding bike accident) In response to Council Member Correia, the City Manager and City Attorney reported that the Police Chief contacted the individual who stated she did not wish to press charges. The City Manager stated he was not certain whether a citation was issued and would follow up. Council Work Session November 3, 2008 Page 2 5. (Consent Calendar item # 4f(1) -correspondence from David Robertson regarding storm water problems on Sandusky Drive) City Manager Lombardo reported he had talked with City Engr. Knoche who has been in contact with the fence owners and the fence will be reconfigured and the storm water project scheduled for next spring. INFORMATION PACKET DISCUSSION (October 30) (IP7 Staff review of recommendations for Violence Against Women Task Force and IP5 Flood Hazard Mitigation strategy) -Mayor Bailey announced that both items would be discussed at the November 17 work session, and if individual Members had specific questions regarding either subject please forward those to the City Manager so staff can have the information prepared fro the 17"' discussion. City Manager Lombardo stated the City should be hearing about the next level of funding by December 1. METROPOLITAN COALITION/LEGISLATIVE PRIORITIES [IP2 of 10/30 Info Packet] Council Member Wilburn and Asst. City Manager Helling provided an update on the Metropolitan coalition priorities. After discussion, the majority directed staff to prepare a resolution for consideration at the November 18 formal meeting of the following legislation priorities: ECONOMIC DEVELOPMENT INITIATIVES 1. Increased funding for micro-enterprise development 2. Expansion of Iowa Earned Income Tax Credit 3. More Effective Historic Preservation Tax Credit Program 4. Tax Increment Financing - No changes or further restrictions 5. Restore funding for Vision Iowa programs in FY10 and beyond 6. Funding support for Passenger Rail initiatives: a. Commuter Rail b. Extension of Amtrak to Iowa City of Iowa City ALTERNATIVE REVENUE SOURCES 1. Support local revenue options that do not impact State revenues 2. Hotel/Motel Tax a. Repeal exemption for government and non-profit agencies b. Increase maximum tax by raising percentage or flat amount per stay 3. Tax condominiums as commercial if not owner occupied ALCOHOLIC BEVERAGES State statute to restrict price specials and related promotions the encourage excessive consumption STAFF ACTION: Prepare resolution for November 18 meeting for adoption prior to distribution of the agenda for the joint meeting with area legislators in early December (Helling and Karr) CITY MANAGER EVALUATION FORMS AND PROCESS [IP3 of 10/30 Info Packet] Mayor Bailey outlined the procedure and highlighted form content. Majority of Council agreed to proceed as outlined. Council Work Session November 3, 2008 Page 3 STAFF ACTION: Work with Mayor on distribution of forms. Compile results and schedule executive session for December 1. (Karr) COUNCIL TIME None SCHEDULE OF PENDING DISCUSSION ITEMS a) Council Member Wright asked for an update on action on early morning collection times by private haulers. Staff will follow up. b) Mayor Bailey reminded Council of the discussion on the Violence Against Women recommendation on November 17. c) In response to Mayor Bailey, City Atty. Dilkes reported that staff was meeting on alcohol issues and preparing an organized complete report for Council in December or January. UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS None DISCUSSION OF MEETING SCHEDULE [IP4 of 10/30 Info Packet] Council Member Wilburn stated he would out of town for the November 17 and 18 meeting and did not wish to have Council re-schedule the meeting in his absence. Individual Council Members shared scheduling conflicts with the proposed draft schedule and suggestions for revisions. STAFF ACTION: Revisions to be made in the schedule and another draft prepared for November 17 discussion. (Karr) Meeting adjourned 6:45 PM. 3a 2 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost of this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 11/03/08 Iowa City City Council special meeting 7:00 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: None. Staff members present: Lombardo, Helling, Dilkes, Karr, Fosse, Davidson. The Mayor, UISG Rep. Gunn and YAC rep Han presented Outstanding Student Citizenship Awards to Mark Twain Elementary students: Grace Barrett, Nicolas McNabb, Starr Williams. The Mayor proclaimed National Hospice/Palliative Care Month -November 2008, Volunteer Margaret Reese, accepting; Hunger and Homelessness Awareness Week - November 16-22, 2008, Chrissy Canganelli, Johnson County Homeless Coordinating Board Member, accepting. Moved and seconded that the following items and recommendations in the Consent Calendar be received, approved, and/or adopted as presented: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: October 20, Regular Council Work Session; October 21 Regular 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): Planning and Zoning Commission -September 18, 2008; Planning and Zoning Commission - September 15, 2008; Human Rights Commission -September 23, 2008; Parks and Recreation Commission -September 24, 2008; Public Library -September 25, 2008; Telecommunications Commission -September 22, 2008; Police Citizens Review Board - September 16, 2008; Police Citizens Review Board -September 9, 2008. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for David's Place, 100 S. Linn St.; Class B Beer Permit for Pit Smokehouse, LLC, 130 N. Dubuque St.; Class C Liquor License for Summit , 10 S. Clinton St.; Special Class C Liquor License for Guido's Deli, 227 E. 1St St.; RES. 08-321, TO ISSUE DANCING PERMIT for Summit , 10 S. Clinton St. Motions: Approve disbursements in the amount of $9,043,368.32 for the period of September 1 through September 30, 2008, as recommended by the Finance Director subject to audit. Resolutions: RES. 08-322, ACCEPTING THE WORK FOR THE 2008 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT; RES. 08-323, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A DECLARATION OF CONDOMINIUM REGIME FOR LOT 13, LONGFELLOW MANOR CONDOMINIUMS; RES. 08-324, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A DECLARATION OF CONDOMINIUM REGIME FOR LOT 16, LONGFELLOW MANOR CONDOMINIUMS; RES. 08-325, APPROVING THE ACCEPTANCE OF THE Official Actions November 3, 2008 Page 2 DEDICATION OF OUTLOT "A" Of OAKMONT ESTATES SUBDIVISION, IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC OPEN SPACE. Correspondence: David Robertson regarding Stormwater problems on Sandusky Drive [Mayor Bailey's response included]; Feather Lacy regarding TV coverage of meetings; James Ponto regarding Brown Street, bricks and speeding [staff response included]; Kate Casper regarding Public Transportation in Iowa City/Cedar Rapids [staff response included]; Karina Smith regarding Comment/questions from a concerned citizen [staff response included]; Steve Kosareff regarding "TV MAN" Documentary ;Alan Kemp regarding NLC committees, councils and panels; Laurie Haag regarding Bike accident [staff response included]. The Mayor declared the motion carried. Senior Center Commissioner Chuck Felling provided an update of activities at the Center. Michelle Payne stated she was the Planning and Zoning Commission representative to the Council meeting that evening; and presented information as community contact persons for Mid-American Energy. Moved and seconded to accept correspondence from Ms. Payne. The Mayor declared the motion carried. Moved and seconded to set a public hearing for November 18 on an ordinance amending Title 14, Zoning Code, to establish a minimum parking requirement for household living uses in the central business (CB-10) Zone and to amend the definition of "household" to reduce the number of unrelated persons allowed to reside in one dwelling unit from five(5) unrelated persons to three (3) unrelated persons in the Community Commercial (CC-2), Central Business Service (CB-2), Central Business Support (CB-5) and Central Business (CB-10) Zones. The Mayor declared the motion carried. Moved and seconded that ORD. 08-4319, AMENDING ARTICLE 14-5B, SIGN REGULATIONS, ARTICLE 14-9C, SIGN DEFINITIONS, SECTION 14-4B-1, MINOR MODIFICATIONS, AND ARTICLE 14-3C DESIGN REVIEW, TO ALLOW LIMITED USE OF FREESTANDING SIGNS IN THE CENTRAL BUSINESS SERVICE (CB-2) ZONE, ADD A DEFINITION AND STANDARDS FOR ENTRANCEWAY SIGNS, AND CLARIFY REGULATIONS REGARDING SIGNS ON RENTAL PROPERTIES, be passed and adopted. Moved and seconded to accept correspondence from Jane and Wally Kopsa. The Mayor declared the motion carried. Moved and seconded that ORD. 08-4320, CONDITIONALLY REZONING APPROXIMATELY 3.87 ACRES OF PROPERTY LOCATED SOUTH OF DODGE STREET AND WEST OF SCOTT BOULEVARD FROM RESEARCH DEVELOPMENT PARK (RDP) TO COMMERCIAL OFFICE (CO-1) (REZ08-00008), be passed and adopted. Moved and seconded that the ordinance amending Title 9, entitled "Motor Vehicles and Traffic", Chapter 4, entitled "Parking Regulations", Section 9, entitled "Parking during Snow Emergencies", to require, upon declaration of a snow emergency by the City Manager, alternate side parking upon city streets not currently posted for same during the declared emergency, be given first vote. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Andrea Rauer. The Mayor declared the motion carried. Moved and seconded to adopt RES. 08-326, ADOPTING A SIDEWALK SNOW REMOVAL POLICY. Official Actions November 3, 2008 Page 3 Moved and seconded to adopt RES. 08-327, AUTHORIZING THE IOWA CITY HOUSING AUTHORITY TO REQUEST A DISASTER GRANT IN THE AMOUNT OF $56,725 FROM THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE RECONSTRUCTION OF THE PUBLIC HOUSING UNIT LOCATED AT 608 EASTMOOR, IOWA CITY, IOWA, WHICH WAS DAMAGED IN THE FLOOD OF 2008. Moved and seconded to defer to November 18, resolution authorizing the Mayor to sign and the City Clerk to attest a Chapter 28E agreement between the City of Iowa City, Iowa and the City of Coralville, Iowa for the provision of Animal Care Services. The Mayor declared the motion carried. Moved and seconded to make the following appointments to Boards and Commissions: appoint Wangui Gathua, 537 Terrace Road, and Diane Day 830 Clark Street and re-appoint Martha Lubaroff, 117 Glenn Drive, to the Human Rights Commission for three vacancies to fill three-year terms January 1, 2009 -January 1, 2012; re-appoint Patrick Carney 514 Oakland Avenue, and DaLayne Williamson, 830 Ronalds Street, to the Public Art Advisory Committee for two vacancies to fill three-year terms January 1, 2009 -January 1, 2012;. The Mayor declared the motion carried. The Mayor noted that no applications were received for the following Board and Commissions and all will be readvertised: Board of Adjustment to fill afive-year term January 1, 2009 -January 1, 2014; Airport Zoning Brd of Adjustment to fill afive-year term January 1, 2009 -December 31, 2013; Appeals, Board of for two vacancies to fill five-year terms January 1, 2009 -December 31, 2013, one for a Mechanical Professional; Parks & Recreation Commission for two vacancies to fill four-year terms January 1, 2009 -January 1, 2013; Senior Center Commission for two vacancies to fill three-year terms January 1, 2009 - January 1, 2011. The Mayor noted that no applications were received for the Youth Advisory Commission to fill a two-year term, January 1, 2009 -December 31, 2010, One (1) person - Age 18 to 21 on the date of filing. Moved and seconded to defer indefinitely this vacancy pending revised bylaws. The Mayor declared the motion carried. The Mayor noted the previously announced vacancies: Airport Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus afive-year term ending December 31, 2011; Airport Zoning Commission to fill asix-year term January 1, 2006 - December 31, 2011; Youth Advisory Commission to fill an unexpired plus a two year term, effective upon appointment, ending December 31, 2010, one (1) person -Age 15 to 17 on the date of filing. Applications must be received by 5:00 p.m., Wednesday, November 12, 2008. Historic Preservation Commission to fill an unexpired term, effective upon appointment, ending March 29, 2011 for a Longfellow District Representative; Youth Advisory Commission to fill an unexpired plus a two year term, effective upon appointment, ending December 31, 2010, one (1) person -Age 15 to 17 on the date of filing. Applications must be received by 5:00 p.m., Wednesday, December 10, 2008. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Moved and seconded to adjourn 7:45 p.m. The Mayor declared the motion carried. Official Actions November 3, 2008 Page 4 A more complete description of Council activities and disbursements is on file in the office of the City Clerk and Finance partment. s/Regenia D. Bailey, Mayor s/Marian K. Karr, City Clerk ' Submit#ed for publication - 11/10/0 . 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 3, 2008 Iowa City City Council special meeting 7:00 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: None. Staff members present: Lombardo, Helling, Dilkes, Karr, Fosse, Davidson. The Mayor, UISG Rep. Gunn and YAC rep Han presented Outstanding Student Citizenship Awards to Mark Twain Elementary students: Grace Barrett, Nicolas McNabb, Starr Williams. The Mayor proclaimed National Hospice/Palliative Care Month -November 2008, Volunteer Margaret Reese, accepting; Hunger and Homelessness Awareness Week - November 16-22, 2008, Chrissy Canganelli, Johnson County Homeless Coordinating Board Member, accepting. Moved by O'Donnell, seconded by Champion, that the following items and recommendations in the Consent Calendar be received, approved, and/or adopted as presented: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: October 20, Regular Council Work Session; October 21 Regular 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): Planning and Zoning Commission -September 18, 2008; Planning and Zoning Commission - September 15, 2008; Human Rights Commission -September 23, 2008; Parks and Recreation Commission -September 24, 2008; Public Library -September 25, 2008; Telecommunications Commission -September 22, 2008; Police Citizens Review Board - September 16, 2008; Police Citizens Review Board -September 9, 2008. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Dawit's Restaurant, Inc., dba David's Place, 100 S. Linn St.; Class B Beer Permit for Pit Smokehouse, LLC, dba Pit Smokehouse, LLC, 130 N. Dubuque St.; Class C Liquor License for Summit Restaurant & Bar, Inc., dba Summit , 10 S. Clinton St.; Special Class C Liquor License for Guido's, Inc., dba Guido's Deli, 227 E. 1St St.; RES. 08-321, TO ISSUE DANCING PERMIT for Summit Restaurant & Bar, Inc., dba Summit , 10 S. Clinton St. Motions: Approve disbursements in the amount of $9,043,368.32 for the period of September 1 through September 30, 2008, as recommended by the Finance Director subject to audit. Resolutions: RES. 08-322, ACCEPTING THE WORK FOR THE 2008 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT; RES. 08-323, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A DECLARATION OF CONDOMINIUM REGIME FOR LOT 13, LONGFELLOW MANOR CONDOMINIUMS; RES. 08-324, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A DECLARATION OF CONDOMINIUM REGIME FOR LOT 16, LONGFELLOW MANOR Complete Description November 3, 2008 Page 2 CONDOMINIUMS; RES. 08-325, APPROVING THE ACCEPTANCE OF THE DEDICATION OF OUTLOT "A" Of OAKMONT ESTATES SUBDIVISION, IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC OPEN SPACE. Correspondence: David Robertson regarding Stormwater problems on Sandusky Drive [Mayor Bailey's response included]; Feather Lacy regarding TV coverage of meetings; James Ponto regarding Brown Street, bricks and speeding [staff response included]; Kate Casper regarding Public Transportation in Iowa City/Cedar Rapids [staff response included]; Karina Smith regarding Comment/questions from a concerned citizen [staff response included]; Steve Kosareff regarding "TV MAN" Documentary ;Alan Kemp regarding NLC committees, councils and panels; Laurie Haag regarding Bike accident [staff response included]. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Senior Center Commissioner Chuck Felling provided an update of activities at the Center. Michelle Payne stated she was the Planning and Zoning Commission representative to the Council meeting that evening; and presented information as community contact persons for Mid-American Energy. Moved by Wilburn, seconded by Correia, to accept correspondence from Ms. Payne. The Mayor declared the motion carried unanimously,7/0, all Council Members present. Moved by Wilburn, seconded by O'Donnell, to set a public hearing for November 18 on an ordinance amending Title 14, Zoning Code, to establish a minimum parking requirement for household living uses in the central business (CB-10) Zone and to amend the definition of "household" to reduce the number of unrelated persons allowed to reside in one dwelling unit from five(5) unrelated persons to three (3) unrelated persons in the Community Commercial (CC-2), Central Business Service (CB-2), Central Business Support (CB-5) and Central Business (CB-10) Zones. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wright, seconded by Correia, that ORD. 08-4319, AMENDING ARTICLE 14-5B, SIGN REGULATIONS, ARTICLE 14-9C, SIGN DEFINITIONS, SECTION 14-4B-1, MINOR MODIFICATIONS, AND ARTICLE 14-3C DESIGN REVIEW, TO ALLOW LIMITED USE OF FREESTANDING SIGNS IN THE CENTRAL BUSINESS SERVICE (CB-2) ZONE, ADD A DEFINITION AND STANDARDS FOR ENTRANCEWAY SIGNS, AND CLARIFY REGULATIONS REGARDING SIGNS ON RENTAL PROPERTIES, be passed and adopted. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote. Ayes: Wilburn, Wright, Bailey, Champion, Correia, O'Donnell. Nays: Hayek. Absent: None. Individual Council Members expressed their views. Moved by Wilburn, seconded by Wright, to accept correspondence from Jane and Wally Kopsa. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Correia, that ORD. 08-4320, CONDITIONALLY REZONING APPROXIMATELY 3.87 ACRES OF PROPERTY LOCATED SOUTH OF DODGE STREET AND WEST OF SCOTT BOULEVARD FROM RESEARCH DEVELOPMENT PARK (RDP) TO COMMERCIAL OFFICE (CO-1) (REZ08-00008) (University of Iowa Credit Union), be passed and adopted. The Mayor requested disclosure of any ex parte communications, and none were reported. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Complete Description November 3, 2008 Page 3 Moved by Wilburn, seconded by Hayek, that the ordinance amending Title 9, entitled "Motor Vehicles and Traffic", Chapter 4, entitled "Parking Regulations", Section 9, entitled "Parking during Snow Emergencies", to require, upon declaration of a snow emergency by the City Manager, alternate side parking upon city streets not currently posted for same during the declared emergency, be given first vote. PW Director Fosse presented information. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Hayek, seconded by Wilburn, to accept correspondence from Andrea Rauer. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wright, seconded by Champion, to adopt RES. 08-326, ADOPTING A SIDEWALK SNOW REMOVAL POLICY. PW Director Fosse presented information. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Correia, seconded by Wilburn, to adopt RES. 08-327, AUTHORIZING THE IOWA CITY HOUSING AUTHORITY TO REQUEST A DISASTER GRANT IN THE AMOUNT OF $56,725 FROM THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE RECONSTRUCTION OF THE PUBLIC HOUSING UNIT LOCATED AT 608 EASTMOOR, IOWA CITY, IOWA, WHICH WAS DAMAGED IN THE FLOOD OF 2008. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Correia, seconded by O'Donnell, to defer to November 18, resolution authorizing the Mayor to sign and the City Clerk to attest a Chapter 28E agreement between the City of Iowa City, Iowa and the City of Coralville, Iowa for the provision of Animal Care Services. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Correia, seconded by Hayek, to make the following appointments to Boards and Commissions: appoint Wangui Gathua, 537 Terrace Road, and Diane Day 830 Clark Street and re-appoint Martha Lubaroff, 117 Gtenn Drive, to the Human Rights Commission for three vacancies to fill three-year terms January 1, 2009 -January 1, 2012; re-appoint Patrick Carney 514 Oakland Avenue, and DaLayne Williamson, 830 Ronalds Street, to the Public Art Advisory Committee for two vacancies to fill three-year terms January 1, 2009 - January 1, 2012;. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted that no applications were received for the following Board and Commissions and all will be readvertised: Board of Adjustment to fill afive-year term January 1, 2009 -January 1, 2014; Airport Zoning Brd of Adjustment to fill afive-year term January 1, 2009 -December 31, 2013; Appeals, Board of for two vacancies to fill five-year terms January 1, 2009 -December 31, 2013, one for a Mechanical Professional; Parks & Recreation Commission for two vacancies to fill four-year terms January 1, 2009 -January 1, 2013; Senior Center Commission for two vacancies to fill three-year terms January 1, 2009 - January 1, 2011. The Mayor noted that no applications were received for the Youth Advisory Commission to fill a two-year term, January 1, 2009 -December 31, 2010, One (1) person - Age 18 to 21 on the date of filing. Moved by Wilburn, seconded by Wright to defer indefinitely Complete Description November 3, 2008 Page 4 this vacancy pending revised bylaws. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously announced vacancies: Airport Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus afive-year term ending December 31, 2011; Airport Zoning Commission to fill asix-year term January 1, 2006 - December 31, 2011; Youth Advisory Commission to fill an unexpired plus a two year term, effective upon appointment, ending December 31, 2010, one (1) person -Age 15 to 17 on the date of filing. Applications must be received by 5:00 p.m., Wednesday, November 12, 2008. Historic Preservation Commission to fill an unexpired term, effective upon appointment, ending March 29, 2011 for a Longfellow District Representative; Youth Advisory Commission to fill an unexpired plus a two year term, effective upon appointment, ending December 31, 2010, one (1) person -Age 15 to 17 on the date of filing. Applications must be received by 5:00 p.m., Wednesday, December 10, 2008. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council Member Correia reported on her attendance at the Salvation Army appreciation day and thanked them for their work in the community; and stated there would be a press conference next week announcing the creation of a voluntary certification program for universal design homes and acknowledged efforts of the Iowa City Home Builders Assn. Livable Communities for Successful Aging, and HIS Director Boothroy. Council Member Hayek reminded everyone that tickets were still available for the annual Veteran's Day Banquet, being held November 11 at the Riverside Casino, and encouraged everyone to attend. Council Member Wilburn encouraged everyone to exercise their right to vote in the November 4 election. Council Member O'Donnell stated he had requested information from the City Manager about a place to pile leaves rather than the curbs that wash into storm drains. The City Manager will report back; and acknowledged comments received on cleaning up public parking facilities. Council Member Champion stated Election Day was a big day, and encouraged people to vote. Council Member Wright encouraged everyone to get out and vote; and called attention to the Off Campus Living Expo the following week, partly sponsored by the City's Neighborhood Services, geared to assist students preparing to live off of campus. Mayor Bailey announced a public forum on November 19, Fairness for all Families, a marriage equality forum at the Senior Center; thanked UISG council liaisons Tyler Gunn and Alexis Swedlund for their participation and dedication; noted an increase of bicycles and scooters on downtown sidewalks and asked for enforcement of the ban in the CBD area. Council Member Champion encouraged bicyclist to use lights when traveling at night. City Manager Lombardo reported he has been having a series of lunches with area not-for-profit managers and directors and discussed a lot of common issues and challenges, and thanked Mayor Bailey for suggesting the series; also solicited input on any broader Complete Description November 3, 2008 Page 5 discussion ideas that could be scheduled into a relaxed brown bag series; and stated he would be out of the office Tuesday, November 4th, for a regional economic development discussion with local representatives. Moved by Wilburn, seconded by Hayek, to adjourn 7:45 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Regenia D. Bailey, Mayor Marian K. Karr, City Clerk