HomeMy WebLinkAbout2009-09-29 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040.
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City Council Agenda -~--
CITY OF IOWA CITY
Special Formal
September 29, 2009 - 7:00 p.m.
City Hall - Harvat Hall
410 E. Washington Street www.icgov.org
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ITEM 1. CALL TO ORDER. ~~,~ `1 ~as~~~'~v ~~1 n
ROLL CALL.
ITEM 2. PROCLAMATIONS. vw"'
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a) Fire Prevention Week: October 4-10, 2009 ~Y'" ~,cJ
b) Mental Illness Awareness Week: October 4-10, 2009 ~~ ~jth'~~~~
ITEM 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR J ~
AMENDED.
a) Approval of Council Actions, subject to corrections, as recommended by
the City Clerk.
1. September 10, Special Council Work Session
2. September 14, Special Council Formal Official and Complete
3. September 14, Regular Council Work Session
4. September 15, Regular Council Formal Official and Complete
b) Receive and File Minutes of Boards and Commissions (any
recommendations contained in minutes become effective only upon
separate Council action).
1. Board of Adjustment: June 10, 2009
2. Historic Preservation Commission: August 13, 2009
3. Planning and Zoning Commission: September 3, 2009
4. Airport Commission: July 16, 2009
5. Public Art Advisory Committee: June 4, 2009
6. Telecommunications Commission: July 27, 2009
7. Senior Center Commission: May 19, 2009
8. Senior Center Commission: June 30, 2009
9. Parks & Recreation Commission: July 8, 2009
10. Human Rights Commission: August 18, 2009
September 29, 2009 City of Iowa City Page 2
c) Permit Motions and Resolutions as Recommended by the City Clerk.
Renewals
1. Class C Liquor License for Saloon of Iowa City, LC, dba Saloon, 112 E.
College St.
2. Class C Liquor License for Givanni's of Iowa City, Inc., dba Givanni's,
109 E. College St.
3. Class C Liquor License for Micky's of Iowa City, Inc., dba Micky's Irish
Pub, 11 S. Dubuque St.
4. Class C Liquor License for Mondo's of Iowa City, Inc., dba Joseph's
Steakhouse, 212 S. Clinton St.
5. Class C Liquor License for Bread Garden of Iowa City, LC, dba Bread
Garden Market & Bakery, 225 S. Linn St.
6. Class C Liquor License for Dawit's Restaurant, Inc., dba David's Place,
100 S. Linn St.
7. Class C Beer Permit for On the Go Convenience Stores, Inc., dba On
the Go Convenience Stores, Inc., 2315 Muscatine Ave.
d) Motions.
CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT
OF $9,195,163.01 FOR THE PERIOD OF AUGUST 1 THROUGH AUGUST 31,
2009, AS RECOMMENDED BY THE FINANCE DIRECTOR SUBJECT TO
AUDIT. DISBURSEMENTS ARE PUBLISHED AND PERMANENTLY
RETAINED IN THE CITY CLERK'S OFFICE IN ACCORDANCE WITH STATE
CODE.
e) Public Hearing.
~~,~ 3~G 1. CONSIDER A RESOLUTION FIXING DATE FOR A MEETING ON THE
AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE
OF NOT TO EXCEED $10,000,000 PARKING SYSTEM REVENUE
REFUNDING CAPITAL LOAN NOTES, SERIES 2009F, OF THE CITY
OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF.
Comment: This resolution sets a public hearing for 7:00 pm on October
6, 2009 to receive public comment regarding the issuance of up to
$10,000,000 Parking System Revenue Refunding Capital Loan Notes
and authorizes the City Clerk to publish the notice of hearing. Note
proceeds will be used to pay costs of the refunding of outstanding
parking revenue indebtedness, including the Series 1999 Parking
System Revenue Bonds. Refunding this bond issue early will result in
anticipated savings of approximately $410,000.
September 29, 2009 City of Iowa City Page 3
f) Resolutions.
cog- .~~~ 1. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR EXECUTE
AND THE CITY CLERK TO ATTEST TO A SUBORDINATION
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY
LOCATED AT 609 MANOR DRIVE, IOWA CITY, IOWA.
Comment: The owners of the property located at 609 Manor Drive
received flood rehabilitation assistance through the state Flood
Jumpstart program on May 8, 2009. The subordination will not change
the City's current position, which is second position and inferior to the
owner's primary lender.
oq_ 3~~. 2. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND IOWA FINANCE AUTHORITY, DES MOINES, IOWA FOR
PROPERTY LOCATED AT 817-825 PEPPERWOOD LANE, IOWA
CITY, IOWA.
Comment: The owner of the property located at 817-825 Pepperwood
Lane received assistance through the Community Development Block
Grant funds (CDBG) on July 24, 2001. The City's lien will only be
partially secured but staff still recommends approval because, the
addition of space and building improvements will increase their capacity
from 40 persons to 55, Pathways secured a low interest loan through
the Iowa Finance Authority without additional CDBG funds, the building
will be updated per the building code and the improvements will allow
them to better serve their clientele.
oQ-~3r3 3. CONSIDER A RESOLUTION AUTHORIZING APPLICATIONS FOR
' FUNDING ASSISTANCE FOR FEDERAL RECREATION TRAILS
PROGRAM (FRT) PROJECTS TO THE IOWA DEPARTMENT OF
TRANSPORTATION (IDOT), FOR DEVELOPMENT OF RECREATION
TRAILS.
Comment: This resolution will enable City staff to apply for up to
$465,000 from the Iowa Department of Transportation Federal
Recreation Trails Program. If awarded, this funding will be used to
develop a 10-foot wide trail through Scott Park and connect with the
Court Hill Trail. This new trail connection will improve access to the park
and provide a north trailhead for the Court Hill Trail.
g) Correspondence.
1. JCCOG Traffic Engineering Planner: Installation of (2) YIELD signs: (1)
on the northwest corner of the intersection of Dublin Drive and
Tipperary Road and, (1) on the southeast corner of the intersection of
Shannon Drive and Tipperary Road.
September 29, 2009 City of Iowa City Page 4
2. JCCOG Traffic Engineering Planner: Installation of (1) NO PARKING
HERE TO CORNER sign on the southeast corner of the intersection of
Middlebury Road and Westbury Drive.
3. Acting Traffic Engineering Planner: Installation of (1) HANDICAP
PARKING space in front of 620 N. Linn Street.
4. Maria Ortega Kummer & Kevin Kummer: Thank you for approving PIN
grant for sidewalks
5. AI Gibson: September 15 Council meeting
6. R. McDonald: Edited tape of Council meeting (staff response included]
7. Bernadine Franks: St. Luke's Chemical Dependency Program
8. Laura Rios: City High students and the Iowa City Transit System [staff
response included]
9. Phil Reisetter: Taft Speedway levy
10. Chickens: Phil and Pam Karp, Kevin Keyser, Circe Stumbo, Marcia Welch
END OF CONSENT C~4LENDAR.
ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM]
Community Comment will be continued, if necessary, prior to "City Council Information"
item.
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ITEM 5. PLANNING AND ZONING MATTERS. (Items "a, c" will proceed as outlined in the
City Attorney's memo of 2/28/07 entitled `Rezonings, Due Process and Ex parte
communications.")
a) CONDITIONALLY REZONING APPROXIMATELY 4.29 ACRES OF
PROPERTY LOCATED ON WALDEN ROAD, WEST OF MORMON TREK
BOULEVARD FROM MEDIUM DENSITY SINGLE FAMILY
RESIDENTIAL (RS-8) ZONE TO HIGH DENSITY SINGLE FAMILY
RESIDENTIAL (RS-12) ZONE. (REZ09-00003)
Comment: Due to unresolved storm water management issues, the Planning and
Zoning Commission has not completed review of this rezoning request. The applicant
has requested indefinite deferral. Correspondence included in Council packet.
1. PUBLIC HEARING (CONTINUED FROM 8/18)
Action:
2. CbNSIDER AN ORDINANCE
(DEFERRED FROM 8118)
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(FIRST CONSIDE ATION)
Action:
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CITY OF IOWA CITY
MEMORANDUM
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: Addition September 29
Consent Calendar
3g(11) (Addition) Daniel Kim: Parking ticket
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September 29, 2009 City of Iowa City Page 5
b) AMENDING TITLE 14, ZONING, TO ALLOW COMMUNICATION TOWERS IN
THE INTERIM DEVELOPMENT RESIDENTIAL (ID-RS AND ID-RM) ZONES
BY SPECIAL EXCEPTION, SPECIFY DOCUMENTATION REQUIREMENTS
FOR SPECIAL EXCEPTIONS FOR COMMUNICATION TOWERS, CLARIFY
CO-LOCATION REQUIREMENTS, AND ADD A REQUIREMENT TO
REMOVE TOWERS AFTER THE USE IS DISCONTINUED.
Comment: At its August 20 meeting, by a vote of 6-1 (Plahutnik voting no), the
Planning and Zoning Commission recommended approval of this amendment
to the zoning code. Staff recommended approval in a memo dated August 14,
2009. Approval of this text amendment will change the current code language,
providing a special exception to allow cell towers in the Interim Development
Residential zones, specifying documentation requirements for special
exceptions for communication towers, clarifying co-location requirements, and
adding a requirement to remove towers after the use is discontinued. Staff
memoranda and correspondence included in Council packet.
PUBLIC HEARING
Acton:
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action:
c) REZONING 3,450 SQUARE FEET OF LAND LOCATED AT 611
SOUTHGATE AVENUE FROM COMMUNITY COMMERCIAL (CC-2) TO
INTENSIVE COMMERICAL (CI-1) (REZ09-00005)
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Comment: At its August 20 meeting, by a vote of 7-0, the Planning and Zoning
Commission recommended approval of this rezoning. Staff recommended
approval in a report dated August 20. Approval will allow this property to be
developed for intensive commercial uses.
1. PUBLIC HEARING
Acton:
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action: ~ ~~ ~ L~'L~1-e-C~ ~~G ~/,' ~ ,7D
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September 29, 2009 City of Iowa City Page 6
ITEM 6. AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
GROUND LEASE WITH THE JOINT EMERGENCY COMMUNICATIONS SERVICES
ASSOCIATION OF JOHNSON COUNTY FOR PLACEMENT OF A MONOPOLE
TELECOMMUNICATIONS TOWER AT THE IOWA CITY INDUSTRIAL PARK.
Comment: The Joint Emergency Communications Services Association of Johnson
County (the 28E entity created by the City, County, Johnson County Emergency
Management Commission, North Liberty, and Coralville for emergency
telecommunication services) would like to lease a portion of land at the Iowa City
Industrial Park for placement of a monopole telecommunications tower and a storage
facility. The proposed lease is for 5-years with the option of nine (9), five (5)-year
renewals. Rent is $1.00 per year. JECSA has approved the proposed lease. The City
and JECSA previously entered into a nearly identical lease at Fire Station 3, but the
FAA did not approve that location.
a) PUBLIC HEARING
Action: ~ f~ ~~ ~z~~~
a9 ~ ~~~ b) CONSIDER A RESOLUTION
Action:
ITEM 7. CONSIDER AN ORDINANCE AMENDING TITLE 8, POLICE REGULATIONS,
CHAPTER 6, PERSONS UNDER EIGHTEEN YEARS OF AGE, TO ADD A NEW
SECTION 2, JUVENILE CURFEW TO ADD A NEW JUVENILE CURFEW
ORDINANCE. (SECOND CONSIDERATION).
Comment: At the special work session of September 10, the City Council requested
this ordinance be added to the September 15 agenda, and requested public input. It is
anticipated the ordinance would be scheduled for a second, and possible final, reading
at the September 29 Council meeting. Correspondence included in Council packet.
Action: 0 ~.
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ITEM 8. CONSIDER A O INANCE AMENDING TITLE 8, OLICE REGULAT ONS,
CHAPTER 5, MISCELLANEOUS OFFENSES, TO ADD A NEW SECTION 11,
ENTITLED "STANDING, LOITERING AND OBSTRUCTING PERSONS." (SECOND
CONSIDERATION).
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Comment: At the special work session of September 10, the City Council requested
this ordinance be added to the September 15 agenda, and requested public input. It is
anticipated the ordinance would be scheduled for a second, and possible final, reading
at the September 29 Council meeting.
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Action:
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September 29, 2009 City of Iowa City Page 7
ITEM 9. CONSIDER AN ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES,
CHAPTER 2, LIQUOR LICENSES AND BEER PERMITS, SECTION 3, LOCAL
REVIEW OF APPLICATION / INVESTIGATION OF APPLICANT. (SECOND
CONSIDERATION)
Comment: This ordinance amends City Code to codify its policies on applications for
renewal of liquor licenses which require review, inspections and investigations of each
applicant for a liquor license or beer permit by the fire chief, building official and police
chief, and written comments on any disapproval. Recommendations from each
department will be due 7 calendar days before the expiration of current licenses, or
within 7 calendar of completion of applications for new license. Renewal applications
will no longer be accepted more than 70 days prior to expiration of the present license
which will conform to the time frame allowed by the State Alcoholic Beverages Division.
The City Council will then review all findings and make a determination to approve or
disapprove the application.
Action:
ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 4, "ALCOHOLIC BEVERAGES".
CHAPTER 5, "PROHIBITIONS AND RESTRICTIONS", SECTION 3,
"CONSUMPTION OR POSSESSION IN PUBLIC PLACES AND CITY BUILDINGS
TO EXCLUDE PROPERTY LEASED FROM THE CITY FOR A PERIOD OF 99
YEARS OR MORE FROM THE PROHIBITION ON THE USE AND POSSESSION OF
ALCOHOL IN A CITY PARK. (FIRST CONSIDERATION)
Comment: Pursuant to a lease dated August 2, 2007 between the City of Iowa City
and the State Board of Regents, which was approved by City Council Resolution No.
07-216, the University of Iowa has a 99 year lease for approximately 1.76 acres of
Terrell Mill Park for the construction, operation and maintenance of a Boathouse
Facility. Under this lease the University is responsible for managing, maintaining and
repairing the leased property and the improvements thereon. The University desires,
on occasion, to serve alcohol on the premises. The proposed ordinance will exempt
such property from the City Code's prohibition on the consumption and possession of
alcohol in city parks. /~,
Action:
September 29, 2009 City of Iowa City Page 8
ITEM 11. CONSIDER AN ORDINANCE AMENDING ARTICLE 14-7B-7, "DEVELOPMENT
FEES", TO SPECIFY THAT THE AMOUNT OF THE NEAR SOUTHSIDE
NEIGHBORHOOD PARKING FACILITY DISTRICT IMPACT FEE SHALL BE
ADJUSTED ANNUALLY BASED ON THE NATIONAL HISTORICAL COST INDEXES
CONTAINED IN THE MOST RECENT EDITION OF THE ENGINEERING NEW
RECORD RATHER THAN THE MEANS SQUARE FOOT COSTS MANUAL AND TO
HOLD ANY NEGATIVE CHANGES TO THE CAST INDEX OF THE PRECEDING
YEAR. (FIRST CONSIDERATION)
Comment: Iowa City Code section 14-7B-7F specifies that the most recent edition
of Means Square Foot Costs Manual,- as amended, shall be used to estimate the
adjusted near southside annual parking facility impact fee. As the Means Square Foot
Costs Manual is not a reference that is acquired annually by the City of Iowa City and
the Engineering News Record is a readily available and accepted reference tool used
by Iowa City's Public Works Department for the estimation of construction costs, City
staff recommends amending the ordinance to allow use of the Engineering News
Record for the accurate estimation and adjustment of parking facility capital
improvement costs upon which to base current and future parking facility impact fees.
Additionally, should there by any negative changes to the cost index in the preceding
year, this ordinance holds all such fees at the rate established in said preceding year.
Action:
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ITEM 12. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA,
O ~ 1$ AND PUBLIC ACCESS TELEVISION, INC. FOR FUNDING, OPERATION AND
MANAGEMENT OF THE LOCAL PUBLIC ACCESS FUNCTION.
Comment: This Agreement designates Public Access Television, Inc.,("PAN") as the
entity to provide residents and non-profit groups of the Iowa City community with
equipment, training, professional support, facilities and non-profit media program
distribution on the local public access channel. The channel is reserved by the City's
cable franchise agreement for public access and community programming use. The
City of Iowa City has designated PATV as the approved non-profit organization to
provide this service since 1990. Staff memorandum and correspondence included in
Council packet.
Action:
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September 29, 2009 City of Iowa City Page 9
ITEM 13. CONSIDER A RESOLUTION SUPPORTING INTERCITY PASSENGER RAIL
,A SERVICE BETWEEN CHICAGO AND THE CITY OF IOWA CITY.
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Comment: This resolution declares Iowa City's support for the State application for
High Speed Rail and Intercity Passenger Rail Service (HSIPR) grant funds. Iowa DOT
is submitting this application jointly with Illinois DOT for improvements to the rail
corridor between Chicago and Iowa City. Staff memorandum and letter from Mayor
Bailey to Nancy Richardson, Director IDOT, included in Council packet.
Action:
ITEM 14. CONSIDER APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST A SECOND AMENDMENT TO THE
OQ-~ 31rT FEBRUARY 10, 2009 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY
AND FOTH INFRASTRUCTURE AND ENVIRONMENTAL, L.L.C. TO PROVIDE
ENGINEERING CONSULTANT SERVICES FOR THE 420TH STREET CORRIDOR
IMPROVEMENTS PROJECT.
Comment: This agreement amendment authorizes Foth Infrastructure and
Environmental to provide additional engineering services required to conduct a U.S.
Army Corps of Engineers Wetland Mitigation Plan. The total cost of engineering
consultant services amendment is $16,500 and will be funded with General Obligation
Bond proceeds.
Action:
ITEM 15. CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE
ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT BY ADDING
p9 r ~ r $ TWO SPECIAL PROJECTS ADMINSTRATORS POSITION.
Comment: Design of a number of flood mitigation projects is beginning, including
the North Wastewater Plant Relocation and Dubuque Street Elevation & Park Road
Bridge Projects. Management of the design, inspection and federal funding partner
coordination will require additional staff. This resolution establishes two Special
Projects Administrators to address this need. These positions will be funded by Capital
Program accounts for the projects on which they are working.
Action: ~ c 7
September 29, 2009 City of Iowa City Page 10
ITEM 16. ANNOUNCEMENT OF VACANCIES. 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.]
Previous:
a) Airport Zoning Brd of Adjustment -One vacancy to fill an unexpired term,
effective upon appointment, plus afive-year term ending December 31, 2011.
(Carl Williams resigned) (1 male and 1 female currently serve).
b) Airport Zoning Brd of Adjustment -One vacancy to fill afive-year term January
1, 2009 -December 31, 2013. (Term expires for Dennis Keitel) (1 male and 1
female currently serve).
c) Airport Zoning Commission -One vacancy to fill asix-year term January 1,
2006 -December 31, 2011. (Term expires for Mark Anderson) (1 male and 1
female currently serve).
d) Appeals, Board of -One vacancy to fill afive-year term January 1, 2009 -
December 31, 2013, for a Mechanical Professional. (Term expires for Tim Fehr)
(4 males and 1 female currently serve).
e) Youth Advisory Commission -Two vacancies to fill unexpired terms, effective
upon appointment, plus two-year terms January 1, 2010 -December 31, 2011
Two (2) persons - At-Large
(Michelle Han, Patrick Diamitani resigned)
(1 male and 1 female currently serve)
f) Youth Advisory Commission -One vacancy to fill atwo-year term
One (1) person -Tate High
January 1, 2009 -December 31, 2010.
(1 male and 1 female currently serve)
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, OCTOBER 14, 2009.
g) Airport Zoning Commission -One vacancy to fill asix-year term January 1,
2010 -December 31, 2015. (Term expires for Brian Sponcil) (1 male and 1
female currently serve).
h) Appeals, Board of -One vacancy to fill afive-year term January 1, 2010 -
December 31, 2014, for a Building Design Professional. (Term expires for
Stephen Buckman) (4 males and 1 female currently serve).
i) Human Rights Commission -Three vacancies to fill three-year terms January
1, 2010 -January 1, 2013. (Term expires for Kelli Fleming, Eric Kusiak,
Newman Abuissa) (2 males and 4 females currently serve).
j) Parks and Recreation Commission -Two vacancies to fill four-year terms
January 1, 2010 -January 1, 2014. (Term expires for John Westefeld, Ryan
O'Leary) (4 males and 3 females currently serve).
September 29, 2009 City of Iowa City Page 11
k) Public Art Advisory Committee -One vacancy to fill athree-year term January
1, 2010 -January 1, 2013, for an Art/Design Professional. (Term expires for
Mark Seabold) (1 male and 3 females currently serve).
I) Senior Center Commission -Three vacancies to fill three-year terms January 1,
2010 - December 31, 2012. (Term expires for Charles Felling, Nancy
Wombacher, Sarah Maiers) (2 males and 2 females currently serve).
m) Youth Advisory Commission -Two vacancies to fill two-year terms
One (1) person -Regina High
One (1) person - At-Large
January 1, 2010 -December 31, 2011
(Term expires for Hannah Green, Jerry Gao)
(1 male and 1 female currently serve)
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, OCTOBER 28, 2009.
New:
-/ _ n) Board of Ad~ustment -One vacancy to fill an unexpired term, effective upon
(~ ~~~~~~ appointment, ending January 1, 2011. (Terry Hora resigned) (2 males and 2
1 females currently serve). See correspondence included in Council packet.
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, N VEMBER 4, 2009.
ITEM 17. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
ITEM 18. CITY COUNCIL INFORMATION.
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ITEM 19. REPORT ON ITEMS FROM CITY STAFF.
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a) City Manager. '
b) City Attorney. ~ ~' "~
c) City Clerk. ~'' r
ITEM 20. ADJOURNMENT
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