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HomeMy WebLinkAbout2009-10-06 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 OCTOBER 6, 2009 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: Helling, Dilkes, Karr, O'Malley. The Mayor presented Outstanding Student Citizenship Awards to Roosevelt Elementary students: Mariah Davis, Jessie Harder, Zainab Makky. The Mayor proclaimed White Cane Safety Day -October 15, 2009, Patti Westphal and Trish Moore, Old Capital Chapter NIB (National Federation of the Blind) accepting. Moved by Champion, seconded by O'Donnell, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: September 28, 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 -August 20, 2009; Youth Advisory Commission -August 26, 2009. Permit Motions and Resolutions as Recommended by the City Clerk. New: Special Class C Liquor License for Prairie Lights Books, Inc., dba Times Club at Prairie Lights, 15 S. Dubuque St.; Class B Wine Permit for Prairie Lights Books, Inc., dba Times Club at Prairie Lights, 15 S. Dubuque St.; Class C Liquor License for Blue Moose, Inc., dba Blue Moose, 211 Iowa Ave. Renewal: Class C Liquor License for Hilltop Tavern, Ltd., dba Hilltop Lounge, 1100 N. Dodge St.; Class E Liquor License for Sauce, Inc., dba Sauce, 108 E. College St.; Class C Liquor License for Los Portales Mexican Restaurant, Inc., dba Los Portales, 1402 S. Gilbert St.; Class C Liquor License for Caffrey, Inc., dba DC's, 124 S. Dubuque St.; Class C Beer Permit for HWZ, LLC, dba RJ'Z Express, 2 Escort Ln.; Class B Native Wine Permit for HWZ, LLC, dba RJ'Z Express, 2 Escort Ln.; Special Class C Liquor License for Angela, Inc., dba Masala, 9 S. Dubuque St.; RES. 09-319, TO ISSUE DANCING PERMIT to Blue Moose, Inc., dba Blue Moose, 211 Iowa Ave. Public Hearing: RES. 09-320, SETTING PUBLIC HEARING FOR OCTOBER 20, 2009, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 983 LONGFELLOW PLACE; RES. 09-321, SETTING A PUBLIC HEARING for October 20, 2009, ON AMENDING THE FY2010 OPERATING BUDGET. Resolution: RES. 09-322, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A THIRD MORTGAGE FOR THE PROPERTY LOCATED 2750 IRVING AVENUE, IOWA CITY, IOWA. Correspondence: Lori Cardella regarding Information on the Franchise Fee [staff response included], Dana Hall, Sterling Saunders, Rachel Corrigan; Eve Casserly regarding September 18 Senior Center Forum; Curfew letters from Brian Complete Description October 6, 2009 Page 2 Bradley, Kathryn Hannemann, Cindy Roberts (2), Judy Leonard regarding Curfew and Yard waste bags [staff response included]. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Mary Gravitt, 2714 Wayne Ave., reported a problem with the fare charged for on the Johnson County SEATS and stated she had not been notified of any change; and concerns regarding the southeast side of the City. Interim City Manager Helling will follow up on the SEATS fare issue. Ros Hayslett, 1902 Grantwood St., stated her frustrations with problems on the southeast side of the City. Moved by Wilburn, seconded by O'Donnell, 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 the ordinance 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, be voted on for final passage at this time. The Mayor declared the motion defeated, 5/2 (extra majority of 6 required) by the following roll call vote: Ayes: Bailey, Champion, Correia, O'Donnell, Wilburn. Nays: Hayek, Wright. Absent: None. Moved by Wilburn, seconded by O'Donnell, that the ordinance 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, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Hayek, that the ordinance rezoning 3,450 square feet of land located at 611 Southgate Avenue (Breese Co.) from Community Commercial (CC-2) to Intensive Commercial (CI-1) (REZ09-00005), be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on a resolution instituting proceedings to take additional action for 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. Finance Dir. O'Malley present for discussion. Moved by Wilburn, seconded by Hayek, to adopt RES. 09-323, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR 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. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on an ordinance amending Title 3 "City Finances, Taxation & Fees," Chapter 4 "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 3-4-3 entitled "Potable Water Use and Service," of the City Code, to increase or change water service charges and fees in Iowa City, Iowa. No one appeared. Complete Description October 6, 2009 Page 3 Moved by O'Donnell, seconded by Champion, that the ordinance amending Title 3 "City Finances, Taxation & Fees," Chapter 4 "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 3-4-3 entitled "Potable Water Use and Service," of the City Code, to increase or change water service charges and fees in Iowa City, Iowa, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Wright, that ORD. 09-4356, AMENDING TITLE 8, POLICE REGULATIONS, CHAPTER 5, MISCELLANEOUS OFFENSES, TO ADD A NEW SECTION 11, ENTITLED "STANDING, LOITERING AND OBSTRUCTING PERSONS, be passed and adopted. The Mayor declared the ordinance adopted, 6/1, with the following division of roll call vote. Ayes: Wright, Bailey, Champion, Hayek, O'Donnell, Wilburn. Nays: Correia. Absent: None. Moved by Wright, seconded by Hayek, that ORD. 09-4357, AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 2, LIQUOR LICENSES AND BEER PERMITS, SECTION 3, LOCAL REVIEW OF APPLICATION /INVESTIGATION OF APPLICANT, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Hayek, seconded by Correia, that the 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, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Hayek, seconded by Wilburn, to adopt RES. 09-324, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA RIVER WATER MAIN CROSSINGS PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Wright, to adopt RES. 09-325, TO ESTABLISH A UNIFORM POLICY REGARDING THE LOWERING OF THE FLAG OF THE UNITED STATES TO HALF STAFF AT CITY BUILDINGS AND RESCIND RESOLUTION NO 71-444. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies to Boards and Commissions: Airport Zoning Brd of Adjustment fill an unexpired term, effective upon appointment, plus a five-year term ending December 31, 2011; Airport Zoning Brd of Adjustment to fill afive-year term January 1, 2009 -December 31, 2013; Airport Zoning Commission to fill asix-year term January 1, 2006 -December 31, 2011; Appeals, Board of to fill afive-year term January 1, 2009 -December 31, 2013, for a Mechanical Professional; Youth Advisory Commission for two at large unexpired terms, effective upon appointment, plus two-year terms January 1, 2010 -December 31, 2011; Youth Advisory Commission to fill atwo-year term for a Tate High representative for January 1, 2009 -December 31, 2010. Applications must be received by 5:00 p.m., Wednesday, October 14, 2009. Airport Zoning Commission to fill a six-year term January 1, 2010 -December 31, 2015; Appeals, Board of to fill afive-year term Complete Description October 6, 2009 Page 4 January 1, 2010 -December 31, 2014, for a Building Design Professional; Human Rights Commission for three vacancies to fill three-year terms January 1, 2010 -January 1, 2013; Parks and Recreation Commission for two vacancies to fill four-year terms January 1, 2010 - January 1, 2014; Public Art Advisory Committee to fill athree-year term January 1, 2010 - January 1, 2013, for an Art/Design Professional; Senior Center Commission for three vacancies to fill three-year terms January 1, 2010 -December 31, 2012; Youth Advisory Commission for two vacancies to fill two-year terms for Regina High and at large, January 1, 2010 -December 31, 2011. Applications must be received by 5:00 p.m., Wednesday, October 28, 2009. Board of Adjustment to fill an unexpired term, effective upon appointment, ending January 1, 2011. Applications must be received by 5:00 p.m., Wednesday, November 4, 2009. The Mayor noted the current vacancy: Appeals, Board of to fill an unexpired term, effective upon appointment, ending December 31, 2010, for a Licensed Electrician. Applications must be received by 5:00 p.m., Wednesday, November 18, 2009. 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 stated she would be traveling to Davenport to meet with Davenport Police officials and talk about some of the neighborhood crime prevention strategies they've employed over the past three years. Council Member Hayek noted it was City primary days and encouraged citizens who had not voted to get to the polls before they closed. Mayor Bailey announced that Iowa City was designated a "great place" by the Iowa Department of Cultural Affairs, and she would be a member of the delegation accepting the award in Des Moines on October 16tH Interim City Manager Helling reported that a news release had gone out earlier in the day on the leaf pick up schedule for the City and additional information is available on the City website. Moved by Wilburn, seconded by O'Donnell, to adjourn meeting 7:35 p.m. The Mayor declared the motion carried unanimously, 7/0, all Counci embers pres t. ~_ nia D. Bailey, Mayor Q.tc,~~ f~ . 9~~ Mari n K. Karr, City Clerk 10-06-09 4a 1 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 - 9/28/09 Iowa City City Council special meeting, 6:35 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: None. Moved and seconded to adjourn to executive session to discuss as a public employer, strategy regarding collective bargaining with city employee organizations - as such discussion is exempt from the provisions of Chapter 21; and discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried and adjourned into executive session. Moved and seconded to adjourn special meeting 7:15 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/ arian K. Karr, City Clerk ~~~~~ ~ ~~ Subm~ted for publication - 9/30/09. 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 SEPTEMBER 28, 2009 Iowa City City Council special meeting, 6:35 p.m. at City Hall. Mayor Bailey presiding. Council Members present: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. Absent: None. Staff members present: Helling, Dilkes, Karr. Moved by Hayek, seconded by O'Donnell, to adjourn to executive session to discuss as a public employer, strategy regarding collective bargaining with city employee organizations - as such discussion is exempt from the provisions of Chapter 21; and discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried and adjourned into executive session 6:35 p.m. Council returned to open session 7:14 p.m. Moved by Hayek, seconded by Champion, to adjourn special meeting 7:15 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Regenia D. Bailey, Mayor Marian K. Karr, City Clerk