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HomeMy WebLinkAbout2008-12-02 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 DECEMBER 2, 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, Wilburn, Wright. Absent: None. Staff members present: Lombardo, Helling, Dilkes, Karr, Davidson. Mayor Bailey and UISG Rep. Gunn presented Outstanding Student Citizenship Awards to Lincoln Elementary students: Audrey Hopewell, Senead Short. Director of the International Writing Program Christopher Merrill and Mayor Bailey provided comments on Iowa City being designated the third City of Literature by UNESCO. Correspondence from Koichiro Matsuura and a copy of the November 25 presentation program from Christopher Merrill were acknowledged. Moved by Champion, seconded by Hayek, that the following items and recommendations in the Consent Calendar be received, approved, and/or adopted as amended and to delete the following items from the Consent Calendar: Item 4c(1), Class C Liquor License for Kamodo Klub, 509 S. Gilbert St; Item 4c(7), resolution for Cigarette Permit for Kamodo Klub; Item 4e(1), setting public hearing on plans, specifications, form of contract, and estimate of cost for the construction of the City Attorney and Council Office Remodeling project: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: November 17, Regular Council Work Session; November 18, Special Council Formal Official and Complete; November 18, 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): Airport Commission -October 9, 2008; Airport Commission -October 30, 2008; Parks and Recreation Commission -October 8, 2008; Housing and Community Development Commission -October 7, 2008; Police Citizens Review Board -October 28, 2008; Historic Preservation Commission -October 9, 2008; Historic Preservation Commission - November 3, 2008; Planning and Zoning Commission -November 6, 2008; Youth Advisory Commission -October 7, 2008; Youth Advisory Commission -November 2, 2008. Permit Motions and Resolutions as Recommended by the City Clerk. New: Special Class C Liquor License for JH & SC, Ltd., dba Karaoke La Reyna, 1937 Keokuk St. #C; Renewal: Class C Liquor License for Inc., Limited, dba Sanctuary Restaurant, 405 S. Gilbert St.; Class B Liquor License for Ackerman Investment Co., dba Quality Inn & Suites- Highlander Conference Ctr., 2525 N. Dodge St.; Class C Liquor License for Lusati, Inc., dba Quinton's Bar & Deli, 215 E. Washington St.; RES. 08-336, TO ISSUE DANCING PERMIT for Ackerman Investment Co., dba Quality Inn & Suites- Highlander Conference Ctr., 2525 N. Dodge St. Motions: Approve disbursements in the amount of $59,702,385.48 for the period of October 1 through October 31, 2008, as recommended by the Finance Director subject to audit. Resolutions: RES. 08-337, NAMING DEPOSITORIES; RES. 08-338, ACCEPTING THE WORK FOR THE REMOVAL OF FLOOD RELATED SAND AND DEBRIS FROM CITY PARK; RES. 08-339, ACCEPTING THE WORK FOR THE 2008 DURABLE PAVEMENT MARKING PROJECT; RES. 08-340, ACCEPTING THE WORK FOR THE COLLEGE STREET STREETSCAPE PROJECT; RES. 08-341, ACCEPTING THE WORK FOR SANITARY SEWER, STORM SEWER, WATER Complete Description December 2, 2008 Page 2 MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR CARDINAL POINTE SOUTH PART ONE, EXCLUDING THE PAVING AND WATER MAIN PUBLIC IMPROVEMENTS FOR THAT PORTION OF KENNEDY PARKWAY ADJACENT TO OUTLOT C, AND ACCEPTING PART OF THE SANITARY SEWER IMPROVEMENTS FOR CARDINAL POINTE SOUTH PART TWO, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 08-342, ACCEPTING THE WORK FOR SANITARY SEWER PUBLIC IMPROVEMENTS FOR THE SOUTH GILBERT STREET BUS FACILITY. Correspondence: Alcohol strategy discussion letters from Douglas Beardsley, Bob Thompson; Crime letters from Denise Halter, Krystal Halter, Karina Smith; Tyler Goode regarding Alcohol and crime concern; Kara Molitor regarding Journalism story [staff response included]; Douglas Ward regarding Leaf program [staff response included]; Elizabeth Pardee-Rose regarding Cat population; Petition from owners of Scott Six Industrial Park regarding Improve and pave 420th Street from Highway #6 to the city limits; Stephanie Stegeman regarding Award for Subdivision Code. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Steve Gordon, AM Management, and Karen Kubby, FAIR, presented the joint statement from the informal housing group for Johnson County. Moved by Wilburn, seconded by Hayek, to accept the statement. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wright, seconded by Champion, to set a public hearing for December 16 on a resolution for a voluntary annexation of 179 acres of property located adjacent to 420tH Street, west of Taft Avenue, and for the Iowa Interstate Railroad right-of-way between Industrial Park Road and Taft Avenue (ANN08-00001 and ANN07-00001). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Wilburn, to set a public hearing for December 16 on an ordinance rezoning approximately 179 acres of land located adjacent to 420th Street, west of Taft Avenue from County Residential (R) to Interim Development Industrial (ID-I) and for the Iowa Interstate Railroad right-of-way between Industrial Park Road and Taft Avenue from County Residential (R) to General Industrial (11) (REZ08-00009 and REZ07-00008). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Correia, to set a public hearing for December 16 on an ordinance conditionally rezoning 1.69 acres of land located at the southeast corner of Camp Cardinal Boulevard and Kennedy Parkway from Interim Development Commercial Office (ID-C01) to Commercial Office (C01) (REZ08-00010). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. 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 second vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Champion, Correia, Hayek, Wilburn, Wright, Bailey. Nays: O'Donnell. Absent: None. Moved by Wilburn, seconded by O'Donnell, to accept correspondence from C. Joseph Holland. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description December 2, 2008 Page 3 Moved by O'Donnell, seconded by Champion, to defer to December 16 the resolution approving the final plat of Mount Prospect Addition, Part IX, Iowa City, Iowa (SUB08-00009). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 08-4322, 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 voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Wilburn, seconded by Wright, 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 O'Donnell, to adopt RES. 08-343, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN ASSIGNMENT OF THE CONSULTANT AGREEMENT WITH ELERT & ASSOCIATES FOR RADIO DESIGN SERVICES FOR THE JOINT EMERGENCY COMMUNICATION CENTER. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Correia, to adopt RES. 08-344, APPROVING THE BY-LAWS OF THE IOWA CITY YOUTH ADVISORY COMMISSION. 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 Wright, to adopt RES. 08-345, REPEALING RESOLUTION NO. 05-371, ESTABLISHING A YOUTH ADVISORY COMMISSION FOR THE CITY OF IOWA CITY, IOWA, AND ADOPTING A NEW RESOLUTION RE- ESTABLISHING THE YOUTH ADVISORY COMMISSION IN ACCORDANCE WITH NEW BY-LAWS CONCERNING MEMBERSHIP. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, to grant a 45-day extension to the Police Citizens Review Board for the filing of the public report with the City Council on Complaint #08-08. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. 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 for 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. Airport Zoning Brd of Adjustment to fill an unexpired term, effective upon appointment, plus afive-year term ending December 31, 2011; Airport Zoning Complete Description December 2, 2008 Page 4 Commission to fill asix-year term January 1, 2006 -December 31, 2011; 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. 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 congratulated and recognized the efforts of the Association of Realtors, local lenders and the Iowa City Housing Authority for improving opportunities for home ownership in Iowa City; and reported on the Long Term Recovery Committee meeting held earlier in the day, and encouraged anyone interested in doing volunteer work to assist flood victims to call 337-VOLS. Council Member Hayek noted the recent layoffs at International Automotive Components locally and the importance of a diversified economic landscape. Council Member Wilburn noted a fundraiser dinner for the Fast Track Program at City High on December 3rd; thanked the University and Pappajohn Business Building for their support of a teen summit for African American teens in Iowa City and Cedar Rapids; and thanked the Council on International Visitors for their efforts to bring groups to the area focusing on different aspects of the community, stating an Indonesian group is scheduled December 8t" Council Member Champion asked the status of an earlier request to consider banning plastic bags in grocery stores. Council Member Correia suggested a staff memo with research from other cities. Council Member Wright stated the City had passed a new snow emergency ordinance and encouraged citizens to get details on the procedure on the city website, and local media reports. Mayor Bailey offered Sally and Roger Stutsman the City's sympathy on the recent loss of their son, Michael; reminded citizens of the City ordinance to clear snow from sidewalks within 24 hours; and announced a concert on December 6th at Zion Lutheran Church. Moved by O'Donnell, seconded by Wilburn, to adjourn 7:45 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members esent. /~ ~ a /~ ~ A I~e,~nia D. Bailey, May ~~ Mar n K. Karr, City Clerk ~~'_,--.-r,®~ CITY tJF ICJ WA CITY 4a(1) "m~'`~~ ~~~~~ RAC D ~ ~ ~ E~CJ Date: November 17, 2008 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, November 17, 2008, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Hayek, O'Donnell, Wright. Absent: Wilburn UISG: Swedlund Staff: Lombardo, Helling, Dilkes, Karr, Davidson, Miklo, Howard, Hargadine, Long, Boothroy, Yapp, Briggs, Purdy, Fosse, Rackis, Jordan, Severson, Dulek, C. Smith (A complete transcription is available in the City Clerk's Office) PLANNING AND ZONING ITEMS PCD Director Davidson, Senior Planner Miklo, and Urban Planner Howard presented information on the following item (power point on file): a. 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. COUNCIL APPOINTMENTS Airport Zoning Board of Adjustment - No applicants, re-advertise Airport Zoning Commission - No applicants, re-advertise Youth Advisory Commission -deferred indefinitely pending adoption of revised by-laws Human Services/Aid to Agencies (2) -Council Member Wright; Mayor Bailey to follow up with Council Members Wilburn and O'Donnell on second appointment AGENDA ITEMS 1. (Agenda item # 7 -ordinance amending Title 9 ... "Motor Vehicles and Traffic" ..."Parking During Snow Emergencies" ...) Majority agreed to expedite second reading and pass and adopt the ordinance. 2. (Agenda item # 9 -resolution authorizing removal of speed humps on Fourth Avenue ....) JCCOG Dir. Yapp present for discussion. Council requested a copy of the City traffic calming policy at the formal meeting the next evening. 3. (Agenda item # 6 -ordinance amending Title 5 "Business and License Regulations" ... Chapter 2 "Taxicabs" ...) City Clerk Karr noted the ordinance cleaned up and clarified Council Work Session November 17, 2008 Page 2 present procedure, regarding annual inspections of vehicles and provides exceptions to pedicabs and horsedrawn vehicles that are not applicable. 4. (Consent Calendar items # 3e(9) -Brenda Parson: Englert Request for funding) City Manager Lombardo recommended a three year commitment using the Economic Development funds. Majority agreed to have the Englert Board develop accountability measures and make a presentation to the Economic Development Board. 5. (Agenda item # 11 -Resolution .... First amendment ... Southgate Development Company ... redevelopment of Pepperwood Mall) PCD Dir. Davidson present for discussion. FLOOD MITIGATION (IP2 of 11/13 Info Packet) City Manager Lombardo provided an introduction of the item and staff for further discussion. CD Coordinator Long announced the hiring of two flood recovery specialists, David Purdy and Nasseem Moradi. Long and Purdy provided an update of the buyout program. Mayor Bailey stated she would be sending a letter to the Governor, on behalf of the City, asking for an exception to some of the decisions of the Iowa Department of Economic Development. PCD Dir. Davidson and PW Dir. Fosse facilitated discussion on City Council decisions about overall strategy for repairing damaged neighborhoods; and requested direction on three questions on page 2 of their memo in the November 13th information packet. (power point on file) Question 1 -Majority directed staff to proceed to inform property owners who are eligible for buyout funds that If they refuse funds their property may be located on the "wet" side of a flood protection structure in order to protect the larger neighborhoods. Question 2 -The large scale levy/floodwall projects summarized were estimated to cost between $20-27 million, with estimated local share cost in the $5-$6 million range. Staff requested concurrence that additional engineering costs of $500,000 would not occur until special Congressional Designated Funds are earmarked for City use. Majority requested staff organize neighborhood input meetings, and directed PW Dir. to report back to Council on engineering costs that would be needed prior to those neighborhood meetings. Question 3 - Strategy for use of temporary flood barriers in Parkview and Idyllwild neighborhoods. Council considered temporary flood barriers as a reasonable option to be considered. Staff will try to get a written ruling from the State on whether or not temporary flood barriers can be placed on land or protect land that has been purchased with the Hazard Mitigation Grant Program. STAFF ACTION: Copy of letter to the Governor included in November 20th information packet . Proceed as outlined (Fosse and Davidson) CURBSIDE RECYCLING FOR MULTI-FAMILY RESIDENTIAL/CO-MINGLING RECYCLABLES PW Dir. Fosse and Recycling Coordinator Jordan presented information (power point on file). After discussion a majority of Council directed staff to prepare RFP's for two alternatives, one the present method (separation), and the second, co-mingling proposal and report back to Council with a recommendation before entering into a contract. STAFF ACTION: Proceed as outlined (Jordan) Council Work Session November 17, 2008 Page 3 COMMERCIAL VEHICLE CONGESTION DOWNTOWN Deferred to December 1 work session. VIOLENCE AGAINST WOMEN TASK FORCE RECOMMENDATIONS (IP3 of 11/13 Info Packet) Asst. City Mgr. Helling, Human Services Planning Coordinator Severson, Transportation Services Dir. O'Brien, Transportation Planner Yapp, and Police Chief Hargadine present for discussion. After discussion a majority agreed to schedule further discussion on the following: a) Identify a city staff point person and liaison to the University b) Reestablish Neighborhood Watch Officer/Program c) Provide information on City website utilizing links to resources d) Participating in education forum related to safety on campus and in community e) Research pedestrian scale lighting options f) Customer safety training for taxicab drivers g) Staff provide quarterly update reports on process to Council STAFF ACTION: INFORMATION PACKET DISCUSSION (November 6 & 13) Mayor Bailey noted the Legislative open house scheduled in Coralville Tuesday, November 18 (IP7 of November 13 info packet). COUNCIL TIME In response to Council Member Champion, City Clerk Karr stated that the employee luncheon is scheduled 11:OOa to 1:OOp on Thursday. 2. Council Member Hayek reported on conversations with Provost Lowe and Interim Dean of Students Rocklin regarding alcohol issues and specific proposals are forthcoming. 3. In response to Council Member Wright, City Atty. Dilkes stated staff would bring alcohol proposals back to Council at their January 5 work session. 4. (IP5 of 11/13 Info Packet -email from Tim Taffe re Iowa City SEATS Transportation Program) Council Member O'Donnell noted the letter and stated this is the first negative comment he has heard; and reported hearing numerous positive remarks about the service. SCHEDULE OF PENDING DISCUSSION ITEMS None Council Work Session November 17, 2008 Page 4 UPCOMING COMMUNITY EVENTS/COUNCIL INVITATIONS Mayor Bailey asked if anyone could attend the November 20 ground breaking of the affordable green home with universal design at Sandhill Estates, as she was unable to attend. DISCUSSION OF MEETING SCHEDULE (IP4 of 11/13 info packet) In response to City Clerk Karr, majority agreed with the revised meeting schedule for January- March, including the budget schedule. STAFF ACTION: Prepare final for distribution in November 20 Information Packet. (Karr) Meeting adjourned 9:50 PM. 4a 2 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-500. The cost of publishing the following proceedings and claims is $ Cumulative cost of this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS - 11/18/08 Iowa City City Council special meeting 6:00 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wright. Absent: Wilburn. Moved and seconded to adjourn to executive session to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session (Six Month Evaluation -City Manager). The Mayor declared the motion carried. Moved and seconded to adjourn special meeting 6:50 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Regenia D. Bailey, Mayor s/Marian K. Karr, Cit Clerk ~~ a2tir~~~ ~~ ~~~~~ Submitted for publication - 11/26/08. 12-02-08 4a3~ 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 - 11/18/08 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. The Mayor presented Outstanding Student Citizenship Awards to Shimek Elementary students: Alec James, Addison Kosier. Moved and seconded 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 Pints, 114 S Clinton St.; Renewal: Class C Liquor License for Buffalo Wild Wings Grill & Bar, 201 S. Clinton St.; Outdoor Service Area for Buffalo Wild Wings Grill & Bar, 201 S. Clinton St.; Class C Liquor License for Kandy Land, 928 Maiden Lane; Class C Liquor License for Club Car, 122 Wright St.; Special Class C Liquor License for India Cafe, 227 E. Washington St.; Special-Class C Liquor License for Pagliai's Pizza, 302 E. Bloomington St.; Class C Beer Permit for Aldi, Inc. #6, 1534 S. Gilbert St.; Class C Beer Permit for Creekside Market, 2601 Highway 6 E. RES. 08-328, TO ISSUE A DANCING PERMIT for 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 Official Actions November 18, 2008 Page 2 Funding; Amy Charles regarding Violent crime; Sally Whittaker regarding Speed Humps and traffic circle on Glendale Road. Letter from Horn Elementary 6th Grade 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). 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 and seconded 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. The Mayor declared the motion carried, and declared the public hearing closed regarding "occupancy". Moved and seconded 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. The Mayor declared the motion carried. Majority agreed to schedule "parking" timeline and process discussion for December 1 work session. Moved and seconded 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. 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. 08- Official Actions November 18, 2008 Page 3 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Caroline Dieterle, 727 Walnut St., appeared. Moved and seconded 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. Moved and seconded to adopt RES. 08-332, AUTHORIZING THE REMOVAL OF SPEED HUMPS ON FOURTH AVENUE AND A STREET BETWEEN COURT STREET AND THIRD AVENUE. Delores Krotz appeared. Moved and seconded 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. Moved and seconded 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. Moved and seconded to adopt RES. 08-335, ESTABLISHING CITY OF IOWA CITY 2009 LEGISLATIVE PRIORITIES. 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 asix-year term January 1, 2006 -December 31, 2011. Moved and seconded 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 adoption of revised bylaws. The Mayor declared the motion carried. Moved and seconded to appoint Council Members Mike Wright and Mike O'Donnell to the Human Services/Aid to Agencies. The Mayor declared the motion carried. 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; Official Actions November 18, 2008 Page 4 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 and seconded 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.]. Moved and seconded to adjourn 8:35 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Regenia D. Bailey, Mayor s/Marian K._ Karr, City Cle -~'~=~~ Submitted for publication - 11/25/08 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 18, 2008 Iowa City City Council special meeting 6:00 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wright. Absent: Wilburn. Staff members present: Dilkes, Karr. Moved by Wright, seconded by Champion, to adjourn to executive session to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session (Six Month Evaluation -City Manager). The Mayor declared the motion carried unanimously, 6/0, Wilburn absent, and adjourned into executive session at 6:01 p.m. Council returned to open session 6:48 p.m. Moved by O'Donnell, seconded by Hayek, to adjourn special meeting 6:50 p.m. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. Regenia D. Bailey, Mayor Marian K. Karr, City Clerk 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 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 asix-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. Regenia D. Bailey, Mayor Marian K. Karr, City Clerk