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HomeMy WebLinkAbout2007-01-23 Council minutes Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JANUARY 23, 2007 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Wilburn presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, Okerlund, Ford. Council minutes tape recorded on Tape 07-11, Both Sides. The Mayor proclaimed Women's Right to Choose Week - January 22-28, 2007, Toni Serio, Executive Assistant Emma Goldman Clinic accepting. The Mayor presented Outstanding Student Citizenship Awards to Lucas Elementary students: Elizabeth Hubing, Ryan Young. Moved by Bailey, seconded by Vanderhoef, 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: January 4, Special Council Work Session; January 8, Special Council Work Session; January 9, 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): Board of Adjustment - December 13, 2006; Police Citizens Review Board - December 18, 2006; Parks and Recreation Commission - December 13, 2006; Airport Commission - December 14, 2006; Youth Advisory Commission - December 6,2006. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Iowa City Wests ide Cafe, Inc., dba Bob's our Uncle Pizza Cafe, 749 Mormon Trek Blvd.; Outdoor Service Area for Iowa City Westside Cafe, Inc., dba Bob's Your Uncle Pizza Cafe, 749 Mormon Trek Blvd.; Class C Liquor License for Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S Dubuque St.; Outdoor Service Area for Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S Dubuque St.; Class C Liquor License for Motif, Ltd., dba Bo-James, 118 E Washington St.; Outdoor Service Area for Motif, Ltd., dba Bo-James, 118 E Washington St.; Class C Liquor License for Grimoore, Inc., dba Speakeasy, 171 Highway 1 West; Outdoor Service Area for Grimoore, Inc., dba Speakeasy, 171 Highway 1 West; Class E Liquor License for Supervalu, Inc., dba Cub Foods, 855 Highway 1 West; RES. 07-20, TO ISSUE DANCE PERMIT for Grimoore, Inc., dba Speakeasy, 171 Highway 1 West and Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S Dubuque St. Motion: Approve disbursements in the amount of $11 ,748,936.43 for the period of December 1 through December 31,2006, as recommended by the Finance Director. Resolutions: RES. 07-21, NAMING DEPOSITORIES; RES. 07-22, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR PROPERTY LOCATED AT 613 RONALDS STREET, IOWA CITY, IOWA; RES. 07-23, AUTHORIZING THE Complete Description January 23, 2007 Page 2 MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR PROPERTY LOCATED AT 812 KIRKWOOD AVENUE, IOWA CITY, IOWA; RES. 07-24, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER 120 BUILDING CO, AND TENANT VITO'S OF IOWA CITY, INC D/B/A VITO'S, FOR A SIDEWALK CAFE; RES. 07-25, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER IOWA STATE BANK & TRUST CO, AND TENANT ICBB, LTD D/B/A BROWN BOTTLE, FOR A SIDEWALK CAFE. Correspondence: JCCOG Traffic Engineering Planner regarding Removal of Iowa City BUS STOP sign on N. Dubuque Street at Foster Road; Assistant Transportation Planner regarding Installation of four NO PARKING ANY TIME signs on William Street; Robert Handley regarding Traffic ticket payments [staff response included]; Joyce Barker regarding District Planning; Sherry Hunter regarding Districts [staff response included]; Sue Klinkhamer regarding City of Chicago Olympic support letter; Jack Hatch regarding Iowa leaders hope to find urban, rural balance; Seth Tobey regarding Senator Obama; Bridges out of Poverty Workshop letters received from Mona Shaw, Teja Huntley [staff response included]. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Eric Nurnberg, President of the International Association of Firefighters Local 610, appeared regarding funding of a fourth fire station. Moved by Bailey, seconded by O'Donnell, to set a public hearing for February 6 on an ordinance amending Ordinance No. 06-4245, which amends certain specific provisions within Title 14, Zoning Code, Chapter 2, Base Zones; Chapter 3, Overlay Zones; Chapter 4, Use Regulations; Chapter 5, Site Development Standards; Chapter 7, Administration; Chapter 8, Review and Approval Procedures; Chapter 9, Definitions. 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 February 20 (amended from February 6),2007, on an ordinance rezoning 0.91-acres of land located at 1902 & 1906 Broadway Street from Commercial Office (CO-1) to Community Commercial (CC-2) (REZ06"00028). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance vacating a portion of McLean Street between Hutchinson Avenue and Lexington Avenue (VAC06-00006). No one appeared. Moved by O'Donnell, seconded by Champion, that the ordinance vacating a portion of McLean Street between Hutchinson Avenue and Lexington Avenue (VAC06-00006), be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning 17. 75-acres of land located east of Mormon Trek Boulevard at Eagle View Drive and Grace Drive from Intensive Commercial (CI- 1) to Office Commercial (CO-1) (REZ06-00021). No one appeared. Complete Description January 23, 2007 Page 3 Moved by Champion, seconded by O'Donnell, that the ordinance rezoning 17.75-acres of land located east of Mormon Trek Boulevard at Eagle View Drive and Grace Drive from Intensive Commercial (CI-1) to Office Commercial (CO-1) (REZ06-00021), be given first vote. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 14, Chapter 5, Article J, Flood Plain Management ordinance to adopt the re-formatted flood insurance rate map. No one appeared. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance amending Title 14, Chapter 5, Article J, Flood Plain Management ordinance to adopt the re-formatted flood insurance rate map, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Vanderhoef, 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. 07-4248, AMENDING THE PLANNED DEVELOPMENT OVERLAY PLAN FOR THE PENINSULA NEIGHBORHOOD, be voted on for final passage at this time. 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 Bailey, seconded by Correia, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by O'Donnell, seconded by Bailey, to accept correspondence from Kevin Morrow. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 07-26, APPROVING THE FINAL PLAT OF KENNEDY'S WATERFRONT ADDITION-PART FOUR, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Bailey, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 07-4249, AMENDING TITLE 4, ENTITLED, "ALCOHOLIC BEVERAGES," CHAPTER 5, ENTITLED, "PROHIBITIONS AND RESTRICTIONS," SECTION 4, ENTITLED, "REGULATION OF PERSONS UNDER LEGAL AGE" TO PROVIDE THAT SECOND AND SUBSEQUENT OFFENSE VIOLATIONS MAY BE BASED ON A PRIOR CONVICTION UNDER AN ORDINANCE FROM ANOTHER CITY OR COUNTY IN IOWA, be voted on for final passage at this time. 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 Vanderhoef, seconded by Bailey, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Bailey, seconded by Champion, to adopt RES. 07-27, SUPPORTING THE APPLICATION FOR A $25,000 (amended from $48,000) GRANT FROM THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR BIOWA,. Mike Ott, Executive ..._.-_._-~,._-------~._--_._--_.~~._--_.__._-_._--_.--~--,--,..~.~-_._--_._,._------,._---_..._.__._-----_.---_.._-_.._~..__...,-_._--_..__._---_.~---"_.". Complete Description January 23, 2007 Page 4 Director of BIOWA, appeared. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Vanderhoef, to adopt RES. 07-28, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE HIGHWAY 6 & GILBERT STREET INTERSECTION IMPROVEMENT PROJECT. The following individuals appeared: Roger Reilly, Hills Bank & Trust; and Janet Anderson, ARC Design Resources. Civil Engr. Okerlund present for discussion. Individual Council Members expressed their views. Moved by Elliott, seconded by O'Donnell, to defer consideration of the resolution until February 6. The Mayor declared the motion defeated, 3/4, with the following division of voice vote: Ayes: Elliott, O'Donnell, Champion. Nays: Bailey, Correia, Vanderhoef, Wilburn. Absent: None. The Mayor declared the resolution adopted, 4/3, with the following division of roll call vote. Ayes: Correia, Vanderhoef, Wilburn, Bailey. Nays: Champion, Elliott, O'Donnell. Absent: None. Moved by Bailey, seconded by Correia, to adopt RES. 07-29, APPROVING, AUTHORIZING AND DIRECTING MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND JOHN COYNE TO PROVIDE CONSULTANT SERVICES FOR THE LOWER WEST BRANCH ROAD PLACARD PROJECT. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 5/2, with the following division of roll call vote. Ayes: O'Donnell, Wilburn, Bailey, Champion, Correia. Nays: Elliott, Vanderhoef. Absent: None. Moved by Vanderhoef, seconded by Bailey, to adopt RES. 07-30, AUTHORIZING THE EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY REGARDING IMPROVEMENTS TO A PORTION OF LOWER WEST BRANCH ROAD. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Elliott, to grant a 60-day extension to the Police Citizens Review Board for the filing of the public report with the City Council on Complaint #06-03. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously announced vacancies to Boards and Commissions: Airport Zoning Brd of Adjustment to fill an unexpired term plus a five-year term ending December 31, 2011; Airport Zoning Commission to fill a six-year term January 1, 2006- December 31,2011; Senior Center Commission to fill three-year term January 1, 2007- December 31,2009. Applications must be received by 5:00 p.m., Wednesday, February 14, 2007. [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.] The Mayor announced the following vacancies: Historic Preservation Commission to fill three vacancies, one (1) At-Large, one (1) Summit St District Rep, and one (1) Brown St District Rep, for three year terms March 29, 2007 - March 29, 2010; Airport Commission to fill a six year term March 1, 2007 - March 1, 2013. Applications must be received by 5:00 p.m., Wednesday, February 28,2007. The Mayor stated he had a conflict of interest on the next item and left the meeting. Mayor Pro tem Bailey presiding. Complete Description January 23, 2007 Page 5 Moved by Elliott, seconded by O'Donnell, to appoint Charlotte Walker, 320 S. Dubuque Street, to the Housing & Community Development Commission to fill an unexpired term ending September 1,2007. The Mayor Pro tem declared the motion carried unanimously, 6/0, Wilburn abstaining. Mayor Wilburn returned to the meeting. Council Member Correia reported on her lunch with the Chamber of Commerce Youth Leadership Program and "Direction Setters"; and with the City High Dems Club, Democrat Club. Mayor Pro tem Bailey stated that the Thursday information packet would contain a summary of the Aid to Agencies Council subcommittee discussion relative to Shelter Housing and STAR funding, and said the subcommittee would be meeting with the Director and reporting back to Council; and welcomed the newest northside neighborhood resident two day old Tommie June. Mayor Wilburn noted that Council Member Champion had indicated an upcoming absence at the work session and suggested Council provide the City Clerk with future absences so that Council could discuss the meeting schedule at next week's meeting. City Clerk Karr announced that the CIP presentations and discussion of January 16 is on the City website, Cable Channel 4 and Channel 5 Video On Demand. Moved by Elliott, seconded by O'Donnell, to adjourn meeting at 8:00 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council mbers D~ Ross Wilburn, Mayor }k~ K. ~ Maria K. Karr, City Clerk I! j -....= -~ ~~a;:!:'t "-:' ~a1I1' ...,..- C I T Y 0 F 10 WAC I T yem: MEMORANDUM Date: January 11, 2007 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Budget Work Session, January 4, 2007, noon in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn Staff: Atkins, Helling, O'Malley, Karr, Lewis, Dulek, Goers, Mansfield UISG Rep: Volland Tapes: 07-01, Both Sides; 07-02, Side 1 (A complete transcription and materials distributed are available in the City Clerk's Office) BUDGET OVERVIEW The City Manager presented the FY08-10 budget overview; reviewed expense and revenue sources; taxable assessed values; existing and new construction; general fund balance policy; cash reserve policy; and tax rates. Council requested information on: 1) Implication of retaining current tax rate (rather than increase as proposed) 2) Utility replacement tax implications 3) List of unfunded Capital Improvement Projects (CIP) 4) Information on sick leave payout before 1986 5) Make up of designated or reserved cash balance 6) Bond rating or credit rating information 7) Condo conversion analysis 8) Commercial rollback calculation as it relates to lose revenue in the General Funds 9) Departmental Summaries/Presentations STAFF ACTION: Memo from City Manager in January 11 Information Packet. (Atkins) HANDOUTS DISTRIBUTED/OVERHEADS: The City Manager discussed the following materials: ~ Budget 08 ~ Average Rack Price for Gasohol and Diesel FY2001 - 2007 ~ Road Use Tax ~ Rollback - Recent History ~ ... Financial Plan for 2008 - 2010 (page 19 of budget) ~ FY2008 Proposed Budget / Financial Plan (2 pages) Council Work Session January 4, 2007 Page 2 ~ Residential Property Growth ~ Commercial Property Growth ~ ... property tax requests for FY2008 through FY2010 including the FY2007 certified tax request... (page 14 of budget) ~ Tort Liability Insurance ~ IPERS Contribution Rate ~ Police & Fire Pension - Contribution Rates ~ Health Insurance Costs ~ Debt Service Fund (pages 25-26 of budget) ~ General Fund Year-End Cash Balance (page 24 of budget) ~ ... Ten Year History Certified Tax Levy Rates ~ General Fund - Expenditures (page 21 of budget) ~ Road Use Tax Receipts ~ 2006 Valuations per Auditor ~ ... total 2006 assessed value of condominiums... Finance Director O'Malley and Budget Analyst Mansfield present for discussion. BUDGET SCHEDULE CIP - Tuesday, January 16, Harvat Hall, 8AM - 5PM Board, Commission and Community Events Presentations - Monday, January 29, 6:30PM General Budget Wrap up - Tuesday, January 30, 6:30 PM The City Manager stated that given the time schedule Council would be setting public hearing on the budget at their February 6 meeting, holding the hearing on February 20, and adopting the budget March 6. Meeting adjourned 10:20 AM. (FLIP CHART) BUDGET '08 Benefit Levy . I ~ I ~~=...;~... :t~w;t:'"t. ":' ~""~ ..... ... CITY OF IOWA CITYI];[ MEMORANDUM Date: January 8, 2007 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, January 8,2007,6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn UISG Rep: Baeth Staff: Atkins, Helling, Dilkes, Karr, Boothroy, Davidson, Franklin, Fosse, Trueblood, Knoche, Okerlund Tapes: 07-02, Side 2; 07-03, Both Sides (A complete transcription is available in the City Clerk's Office) PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following matters: A. SETTING A PUBLIC HEARING FOR JANUARY 23 ON AN ORDINANCE VACATING A PORTION OF MCLEAN STREET BETWEEN HUTCHINSON AVENUE AND LEXINGTON AVENUE. (VAC06-o0006) B. SETTING A PUBLIC HEARING FOR JANUARY 23 ON AN ORDINANCE REZONING 17.7S-ACRES OF LAND LOCATED EAST OF MORMON TREK BOULEVARD AT EAGLE VIEW DRIVE AND GRACE DRIVE FROM INTENSIVE COMMERCIAL ( CI-1) TO OFFICE COMMERCIAL (CO-1) (REZ06-o0021) C. SETTING A PUBLIC HEARING FOR JANUARY 23,2007, ON AN O.RDINANCE AMENDING TITLE 14, ZONING CODE, CHAPTER S, SITE DEVELOPMENT STANDARDS, ARTICLE J, FLOOD PLAIN MANAGEMENT STANDARDS, TO ADOPT THE RE-FORMATTED FLOOD INSURANCE RATE MAP. D. AMENDING THE PLANNED DEVELOPMENT OVERLAY PLAN FOR THE PENINSULA NEIGHBORHOOD. (REZOS-0002S/SUB06-00020) E. AMENDING THE ZONING CODE TO ALLOW A MINOR MODIFICATION IN CASES WHERE THERE ARE PRACTICAL DIFFICULTIES MEETING THE STANDARDS FOR STRUCTURED PARKING FACILITIES WHEN RETROFITTING SUCH FACILITIES WITHIN EXISTING BUILDINGS. (SECOND CONSIDERATION) Council Work Session January 8, 2007 Page 2 F. RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF PEPPERWOOD PLAZA, A SUBDIVISION OF IOWA CITY, IOWA PCD Director asked that the matter be deferred indefinitely to allow for securing motile owner signatures. Aaenda Items 1. (Consent Calendar # 4e(8) - Resolution accepting... dedication of Outlot C ... Wild Prairie Estates Part Five...) Council Member Vanderhoef questioned the size of the parcel and future land development adjacent to the parcel. PCD Director Franklin and Parks & Rec. Dir Trueblood present. HOUSING MARKET ANAL YSIS.REQUEST FOR PROPOSAL (IP2 of 1/4 Info Packet) PCD Director presented information. Majority agreed to proceed. STAFF ACTION: RFP's distributed. (Franklin) COUNCIL APPOINTMENTS Airport Zoning Bd. of Adjustment - No applicants; re-advertise Airport Zoning Commission - No applicants; re-advertise Board of Appeals - Stephen Buckman Senior Center Commission - No applicants; re-advertise Telecommunications Commission - Brett Gordon HIGHWAY 6 GILBERT STREET (Aaenda item # 17) Civil Engr. Okerlund presented a power point of the project. Majority of Council agreed to defer the item until the January 23 formal meeting, and schedule detailed discussion during the CIP staff presentations scheduled for a January 16 work session. AGENDA ITEMS (cont.) 2. (Consent Calendar # 4c (1) - Class B Liquor License for...... Sheraton... Hotel Vetro and # 4c (4) Class B Liquor License for... Sheraton ... Hotel Vetro ...) HIS Director Boothroy answered questions regarding the recommendation to deny, and inspections done on the property. 3. (Consent Calendar # 4e (2) - Resolution approving... declaration of condominium regime ...Lot 12, Longfellow Manor Condominiums) In response to Council Member Elliott, HIS Director Boothroy stated the contract was for the owner of the existing half and the earlier purchase offer had been withdrawn on the other half. Council Work Session January 8, 2007 Page 3 4. (Agenda item # 12 - Resolution awarding contract... Regal Construction... for the construction of two duplex homes under the Affordable Dream Home Opportunities Program) In response to questions, HIS Director confirmed the bid was for two homes, four units, at $ 86.67 a square foot. 5. (Agenda item # 10- Resolution establishing... fees and charges... for Parks & Recreation Services and Programs) Parks & Recreation Director Trueblood responded to questions regarding surrounding towns; higher fees for co-ed teams versus summer league; swimming pool revenues; and new programs at Scanlon Gym. 6. (Agenda item # 9 - Ordinance amending Title 4 ... Alcoholic Beverages... to provide that second and subsequent offense violations may be based on a prior conviction ... another City or County in Iowa) UISG Rep. Baeth suggested that with a second offense that an option be provided that would mandate a rehabilitation program. City Atty. Dilkes reviewed discussion with (Mr.) Nakhasi from Student Government on a proposal to defer prosecution of PAULA offenses in exchange for community service and the number of issues related to that proposal Council should be aware of if that proposal were presented. Baeth will alert staff when both proposals would be ready for discussion at work session. 7. (Consent Calendar # 4e (1) - Resolution .... Amendment to .....agreement ... Iowa Reality Commercial.... Aviation Commerce Park.. extend the term by one year and change the pricing model) In response to Mayor Pro tem Bailey, the City Manager stated there no set rule on renewal of contracts versus re-examining another firm. 8. (Consent Calendar # 4f (7) - correspondence... Jack Hatch... Livable Communities) Mayor Pro tem Bailey requested more information on the proposed bill, and suggested revisiting the City's legislative priorities. Council Member Vanderhoef suggested that the DOT study on transportation be scheduled at the same time; and will follow up with Asst. PCD Director Davidson for input on the proposed bill prior to the discussion. 9. (Agenda items # 14 - Resolution amending the budgeted positions in the Community Development Division... increasing the Program Assistant; # 15 - Resolution amending the Iowa City 2006-2010 Consolidated Plan ... City STEPS ... and establish a maximum amount available for Economic Development Activities; # 16 - Resolution adopting Iowa City's Community Development Block Grant (CDBG) .....) [Wilburn left table due to a conflict of interest] PCD Director Franklin present for discussion. [Wilburn returned] COUNCIL TIME 1. Council Member O'Donnell noted that Channel 2 was no longer available, and questioned a refund from Mediacom. Mayor Pro tem Bailey stated that it had been replaced with another CBS station from the Quad Cities. Council Work Session January 8. 2007 Page 4 2. Mayor Pro tem noted the information shared by Wilburn on the University of Iowa proposed smoking policy and questioned whether Council would be pursing something similar. Mayor Wilburn indicated he had "shared" the information with Council. 3. Council Member Correia distributed an article about Universal Design from the New York Times "Design for Everyone, Disable or Not". SCHEDULE OF PENDING DISCUSSION ITEMS None FUTURE MEETING SCHEDULE None Meeting adjourned 6:35 PM. em: Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTONS - 1/9/07 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Wilburn presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: None. A special presentation of Certificate of Achievement for Excellence in Financial Reporting for 2005 was presented to the City of Iowa City. Finance Director O'Malley accepted. The Mayor presented Outstanding Student Citizenship Awards to Horace Mann Elementary students: Ha-Young Kim, Alex Moen, Molly Powell-Littler. Moved and seconded 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: December 11, Special Council Work Session; December 12, 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): Public Art Advisory Committee - November 2, 2006; Planning and Zoning Commission - November 16, 2006; Economic Development Committee - November 13, 2006; Parks and Recreation Commission - November 8, 2006; Board of Adjustment - November 16, 2006; Board of Adjustment - November 27, 2006; Police Citizens Review Board - December 5, 2006; Telecommunications Commission - October 23,2006; Telecommunications Commission - October 30,2006; Telecommunications Commission - November 27,2006; Senior Center Commission - November 21,2006; Civil Service Commission - December 19, 2006; Human Rights Commission - November 28, 2006; Airport Commission - November 9, 2006; Planning and Zoning Commission - December 7,2006; Planning and Zoning Commission - November 27, 2006. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class B Liquor License for Sheraton Iowa City & Hotel Vetro, 210 S. Dubuque St. (Iowa City Building Official recommends approval. See revised memorandum.); Outdoor Service Area for Sheraton Iowa City & Hotel Vetro, 210 S. Dubuque St.; Class C Liquor License for Farras Productions, 320 E. Burlington St. Renewal: Class B Liquor License for Sheraton Iowa City, 210 S Dubuque St. (Iowa City Building Official recommends approval. See revised memorandum.); Outdoor Service Area for Sheraton Iowa City, 210 S Dubuque St.; Class C Liquor License for Joe's Place, 115 Iowa Ave.; Outdoor Service Area for Joe's Place, 115 Iowa Ave.; Class C Beer Permit for Johncy's Convenience Store, 731 S. Riverside Dr. RES. 07-1, TO ISSUE DANCE PERMIT for Sheraton Iowa City & Hotel Vetro, 210 S. Dubuque St. (New) and Official Actions January 9, 2007 Page 2 Sheraton Iowa City, 210 S Dubuque St. (Renewal) Farras Productions, 320 E. Burlington St.(New). Motion: Approve disbursements in the amount of $8,108,153.37 for the period of November 1 through November 30, 2006, as recommended by the Finance Director subject to audit. Resolutions: RES. 07-2, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY IN AVIATION COMMERCE PARK TO EXTEND THE TERM BY ONE YEAR AND CHANGE THE PRICING MODEL; RES. 07-3, APPROVING AN AMENDMENT TO THE DECLARATION OF CONDOMINIUM REGIME FOR LOT 12, LONGFELLOW MANOR CONDOMINIUMS; RES. 07-4, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER LUBIN TRUST, AND TENANT MOTIF, L TO. D/B/A BO-JAMES, FOR A SIDEWALK CAFE; RES. 07-5 AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MAUREEN MONDANARO, AND TENANT GIVANNI'S OF IOWA CITY D/B/A GIVANNI'S, FOR A SIDEWALK CAFE; RES. 07-6, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, HILLS, IOWA FOR PROPERTY LOCATED AT 1906 HOLLYWOOD BOULEVARD, IOWA CITY, IOWA; RES. 07-7, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST DOCUMENTATION FOR THE PARTIAL RELEASE OF A SCHOOL SITE COVENANT; RES. 07-8, ACCEPTING THE WORK FOR THE 2006 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT; RES. 07-9, ACCEPTING THE DEDICATION OF OUTLOT C, AS PLATTED IN WILD PRAIRIE ESTATES PART FIVE, IOWA CITY, IOWA, TO THE CITY OF IOWA CITY; RES. 07-10, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A COMMON DRIVE/ACCESS EASEMENT CENTERED BETWEEN LOTS 54 AND 55 IN THE PENINSULA NEIGHBORHOOD SECOND ADDITION, IOWA CITY, IOWA. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of two (2) NO PARKING ANY TIME signs with ARROW supplemental signs on both sides of Oaklawn Avenue; JCCOG Traffic Engineering Planner regarding Install NO PARKING CORNER TO HERE sign on the south side of Meadow Ridge Lane; Acting Traffic Engineering Planner regarding Installation of (1) BUS STOP sign; Removal of (2) BUS STOP signs; Shelter House letters received from Claire Ashman, Robert Ashman, Donna Hirst, Mary Jepsen, Rev. Mel Schlachter; Rick Kaster regarding Holiday lights; Don Broshar regarding Youth Civic Engagement Forum Follow-up; Jack Hatch regarding Livable Communities; Dennis Kowalski regarding Money; Carter McNutt regarding Cigarette sales; Sze Ngar Michelle Lai regarding U.S. citizenship; Mary Jo Streb regarding 420th Street Improvements; Sand Road Recreational Area ~--,---_._~-",-,~--,-----,-,-------'--------~-----'-'--~---------_._-----_._.~- Official Actions January 9, 2007 Page 3 Water-ski Site with [petition-4l signatures]; Peter LeGrant regarding Wireless network throughout downtown. The Mayor declared the motion carried. Senior Center Commissioner Bob Engel updated Council on activities at the Center. Moved and seconded to set a public hearing for January 23 on an ordinance vacating a portion of McLean Street between Hutchinson Avenue and Lexington Avenue (VAC06-00006). The Mayor declared the motion carried. Moved and seconded to set a public hearing for January 23 on an ordinance rezoning 17.75-acres of land located east of Mormon Trek Boulevard at Eagle View Drive and Grace Drive from Intensive Commercial (CI-1) to Office Commercial (CO-1) (REZ06-00021). The Mayor declared the motion carried. Moved and seconded to set a public hearing for January 23,2007, on an ordinance amending Title 14, Zoning Code, Chapter 5, Site Development Standards, Article J, Flood Plain Management Standards, to adopt the re-formatted flood insurance rate map. The Mayor declared the motion carried. A public hearing was held on an ordinance amending the Planned Development Overlay Plan for the Peninsula Neighborhood. Moved and seconded that the amending the Planned Development Overlay Plan for the Peninsula Neighborhood, 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. 07- 4247, AMENDING THE ZONING CODE TO ALLOW A MINOR MODIFICATION IN CASES WHERE THERE ARE PRACTICAL DIFFICULTIES MEETING THE STANDARDS FOR STRUCTURED PARKING FACILITIES WHEN RETROFITTING SUCH FACILITIES WITHIN EXISTING BUILDINGS, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded to defer indefinitely a resolution approving the preliminary and final plat of Pepperwood Plaza, a Subdivision of Iowa City, Iowa. The Mayor declared the motion carried. A public hearing was held on a resolution approving a purchase agreement between the City of Iowa City and Faley Properties, L.L.C., for Lot 5 of North Airport Development Subdivision. Janelle Rettig, Airport Commissioner and citizen, appeared. Moved and seconded to adopt RES. 07-11, APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FALEY PROPERTIES, L.L.C., FOR LOT 5 OF NORTH AIRPORT DEVELOPMENT SUBDIVISION. A public hearing was held on a resolution approving plans, specifications, form of contract, estimate of cost for the Riverside Festival Stage Improvements project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. Moved and seconded to adopt RES. 07-12, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST FOR THE RIVERSIDE FESTIVAL STAGE IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Official Actions January 9, 2007 Page 4 Moved and seconded that the ordinance amending Title 4, entitled, "Alcoholic Beverages," Chapter 5, entitled, "Prohibitions and Restrictions," Section 4, entitled, "Regulation of Persons under Legal Age" to provide that second and subsequent offense violations may be based on a prior conviction under an ordinance from another city or county in Iowa, be given first vote. The Mayor declared the motion carried. Moved and seconded to adopt RES. 07-13, ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS. Moved and seconded to adopt RES. 07-14, AUTHORIZING EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY COMMUNITY SCHOOL DISTRICT INVOLVING THE GRANT WOOD SCHOOL GYMNASIUM. Moved and seconded to adopt RES. 07-15, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT WITH REGAL CONSTRUCTION SERVICES, INC. FOR THE CONSTRUCTION OF TWO DUPLEX HOMES UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM. Moved and seconded to adopt RES. 07-16, AMENDING THE BUDGETED POSITIONS IN THE TRANSIT DIVISION OF THE PARKING AND TRANSIT DEPARTMENT BY INCREASING ONE MASS TRANSIT OPERATOR POSITION FROM .75 TO 1.0 FULL TIME EQUIVALENTS (FTE). Moved and seconded to adopt RES. 07-17, AMENDING THE BUDGETED POSITIONS IN THE COMMUNITY DEVELOPMENT DIVISION OF THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT BY INCREASING THE PROGRAM ASSISTANT POSITION FROM .50 TO .63 FULL TIME EQUIVALENTS (FTE). Moved and seconded to adopt RES. 07-18, AMENDING THE IOWA CITY 2006-2010 CONSOLIDATED PLAN (A.KA CITY STEPS) TO CLARIFY THE PERCENTAGE ALLOCATED TO ECONOMIC DEVELOPMENT ACTIVITIES FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ENTITLEMENT AND ESTABLISH A MAXIMUM AMOUNT AVAILABLE FOR ECONOMIC DEVELOPMENT ACTIVITIES. Moved and seconded to adopt RES. 07-19, ADOPTING IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) INVESTMENT POLICIES AND RESCINDING RESOLUTION NO. 05- 213. Moved and seconded to defer to January 23, a resolution authorizing the acquisition of property interests necessary for construction of the U.S. Highway 6 & Gilbert Street Intersection Improvement project. Roger Reilly, representing Hills Bank, appeared. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Roger Reilly. The Mayor declared the motion carried. Moved and seconded to approve a tentative agreement between AFSCME Local 183 and the City of Iowa City. The Mayor declared the motion carried. The Mayor noted the previously announced vacancy: Housing & Community Development Commission to fill an unexpired term ending September 1,2007. Applications must be received by 5:00 p.m., Wednesday, January 17, 2007. Moved and seconded to make the following appointments to Boards and Commissions: re-appoint Stephen Buckman, 215 Amhurst Street, to the Board of Appeals to Official Actions January 9, 2007 Page 5 fill a five-year term January 1, 2007 - December 31,2011; appoint Brett Gordon, 224 N. Dubuque Street, to the Telecommunications Commission to fill an unexpired term ending March 13,2009. The Mayor declared the motion carried. The Mayor noted the following vacancies would be readvertised: Airport Zoning Brd of Adjustment to fill an unexpired term plus a five-year term ending December 31, 2011; Airport Zoning Commission to fill a six-year term January 1, 2006 - December 31,2011; Senior Center Commission to fill three-year terms January 1, 2007 - December 31, 2009. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Moved and seconded to adjourn meeting at 7:55 p.m. The Mayor declared the motion carried. A more complete description of Council activities and disbursements is on file in the office of the City Clerk and Finance Department. s/Ross Wilburn, Mayor s/Marian K. Karr, City Clerk /./ ) )1 {(Uui'~ 7f ~$U/ Submitted fof publication -1/17/07. ~U --~-~--_.~--,--_.._._---_._--~-~----~_._--~.,_.._,.._- .._._._--~-_._--",._"-----_...,-_._.._-~-,._---.,.__.,..-------- 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 JANUARY 9, 2007 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Wilburn presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, O'Malley, Franklin, Tharp. Council minutes tape recorded on Tape 07-04, Both Sides. A special presentation of Certificate of Achievement for Excellence in Financial Reporting for 2005 was presented to the City of Iowa City. Finance Director O'Malley accepted. The Mayor presented Outstanding Student Citizenship Awards to Horace Mann Elementary students: Ha-Young Kim, Alex Moen, Molly Powell-Littler. Moved by Bailey, seconded by Vanderhoef, 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: December 11, Special Council Work Session; December 12, 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): Public Art Advisory Committee - November 2, 2006; Planning and Zoning Commission - November 16, 2006; Economic Development Committee - November 13, 2006; Parks and Recreation Commission- November 8, 2006; Board of Adjustment - November 16, 2006; Board of Adjustment - November 27, 2006; Police Citizens Review Board - December 5, 2006; Telecommunications Commission - October 23, 2006; Telecommunications Commission - October 30,2006; Telecommunications Commission - November 27, 2006; Senior Center Commission - November 21, 2006; Civil Service Commission - December 19, 2006; Human Rights Commission- November 28, 2006; Airport Commission - November 9, 2006; Planning and Zoning Commission - December 7,2006; Planning and Zoning Commission - November 27, 2006. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class B Liquor License for Ashford, LP, dba Sheraton Iowa City & Hotel Vetro, 210 S. Dubuque St. (Iowa City Building Official recommends approval. See revised memorandum.); Outdoor Service Area for Ashford, LP, dba Sheraton Iowa City & Hotel Vetro, 210 S. Dubuque St.; Class C Liquor License for Farras Productions, Inc., dba Farras Productions, 320 E. Burlington St. Renewal: Class B Liquor License for MIP Lessee, LP, dba Sheraton Iowa City, 210 S Dubuque St. (Iowa City Building Official recommends approval. See revised memorandum.); Outdoor Service Area for MIP Lessee, LP, dba Sheraton Iowa City, 210 S Dubuque St.; Class C Liquor License for Samco of Iowa City, Inc., dba Joe's Place, 115 Iowa Ave.; Outdoor Service Area for Samco of Iowa City, Inc., dba Joe's Place, 115 Iowa Ave.; Class C Beer Permit for Johncy's Convenience Store, Inc., dba Johncy's Convenience Store, 731 S. Riverside ___~_.,_______.__~______ ___~_______,___.'~__~_'__'_____'_"__'__'______'_'._"'____,_."'_____~___.._.,_.....,..._.__.___._.._._"'.__~____.____.___._.,..,..._."_.~_._____..,____.__"'..__"'.____uo_,,__,_ Complete Description January 9, 2007 Page 2 Dr. RES. 07-1, TO ISSUE DANCE PERMIT for Ashford, LP, dba Sheraton Iowa City & Hotel Vetro, 210 S. Dubuque St. (New) and MIP Lessee, LP, dba Sheraton Iowa City, 210 S Dubuque S1. (Renewal) Farras Productions, Inc., dba Farras Productions, 320 E. Burlington St.(New). Motion: Approve disbursements in the amount of $8,108,153.37 for the period of November 1 through November 30, 2006, as recommended by the Finance Director subject to audit. Resolutions: RES. 07-2, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY IN AVIATION COMMERCE PARK TO EXTEND THE TERM BY ONE YEAR AND CHANGE THE PRICING MODEL; RES. 07-3, APPROVING AN AMENDMENT TO THE DECLARATION OF CONDOMINIUM REGIME FOR LOT 12, LONGFELLOW MANOR CONDOMINIUMS; RES. 07-4, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER LUBIN TRUST, AND TENANT MOTIF, L TO. D/B/A BO-JAMES, FOR A SIDEWALK CAFE; RES. 07-5 AUTHORIZING THE MAYORTO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MAUREEN MONDANARO, AND TENANT GIVANNI'S OF IOWA CITY D/B/A GIVANNI'S, FOR A SIDEWALK CAFE; RES. 07-6, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, HILLS, IOWA FOR PROPERTY LOCATED AT 1906 HOLLYWOOD BOULEVARD, IOWA CITY, IOWA; RES. 07-7, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST DOCUMENTATION FOR THE PARTIAL RELEASE OF A SCHOOL SITE COVENANT; RES. 07-8, ACCEPTING THE WORK FOR THE 2006 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT; RES. 07-9, ACCEPTING THE DEDICATION OF OUTLOT C, AS PLATTED IN WILD PRAIRIE ESTATES PART FIVE, IOWA CITY, IOWA, TO THE CITY OF IOWA CITY; RES. 07-10, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A COMMON DRIVE/ACCESS EASEMENT CENTERED BETWEEN LOTS 54 AND 55 IN THE PENINSULA NEIGHBORHOOD SECOND ADDITION, IOWA CITY, IOWA. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of two (2) NO PARKING ANY TIME signs with ARROW supplemental signs on both sides of Oaklawn Avenue; JCCOG Traffic Engineering Planner regarding Install NO PARKING CORNER TO HERE sign on the south side of Meadow Ridge Lane; Acting Traffic Engineering Planner regarding Installation of (1) BUS STOP sign; Removal of (2) BUS STOP signs; Shelter House letters received from Claire Ashman, Robert Ashman, Donna Hirst, Mary Jepsen, Rev. Mel Schlachter; Rick Kaster regarding Holiday lights; Don Broshar regarding Youth Civic Engagement Forum Follow-up; Jack Hatch regarding Livable Communities; Dennis Kowalski regarding Money; Carter McNutt regarding Cigarette sales; Sze Ngar Michelle Lai regarding U.S. citizenship; -,_..~_.._----._~._--~_.__..,---------,---,,-~,.~-_._-_.--_._--~.~---~...._._._--------~-_.~ Complete Description January 9, 2007 Page 3 Mary Jo Streb regarding 420th Street Improvements; Sand Road Recreational Area Water-ski Site with [petition-47 signatures]; Peter LeGrant regarding Wireless network throughout downtown. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Senior Center Commissioner Bob Engel updated Council on activities at the Center. Moved by Bailey, seconded by Champion, to set a public hearing for January 23 on an ordinance vacating a portion of McLean Street between Hutchinson Avenue and Lexington Avenue (VAC06-00006). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to set a public hearing for January 23 on an ordinance rezoning 17. 75-acres of land located east of Mormon Trek Boulevard at Eagle View Drive and Grace Drive from Intensive Commercial (CI-1) to Office Commercial (CO-1) (REZ06-00021). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Bailey, to set a public hearing for January 23, 2007, on an ordinance amending Title 14, Zoning Code, Chapter 5, Site Development Standards, Article J, Flood Plain Management Standards, to adopt the re-formatted flood insurance rate map. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance amending the Planned Development Overlay Plan for the Peninsula Neighborhood. No one appeared. Moved by Bailey, seconded by Vanderhoef, that the amending the Planned Development Overlay Plan for the Peninsula Neighborhood, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, 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. 07-4247, AMENDING THE ZONING CODE TO ALLOW A MINOR MODIFICATION IN CASES WHERE THERE ARE PRACTICAL DIFFICULTIES MEETING THE STANDARDS FOR STRUCTURED PARKING FACILITIES WHEN RETROFITTING SUCH FACILITIES WITHIN EXISTING BUILDINGS, 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 O'Donnell, seconded by Champion, 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 Bailey, to defer indefinitely, a resolution approving the preliminary and final plat of Pepperwood Plaza, a Subdivision of Iowa City, Iowa. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution approving a purchase agreement between the City of Iowa City and Faley Properties, L.L.C., for Lot 5 of North Airport Development Subdivision. Janelle Rettig, Airport Commissioner and citizen, appeared. Moved by Bailey, seconded by O'Donnell, to adopt RES. 07-11, APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FALEY Complete Description January 9, 2007 Page 4 PROPERTIES, L.L.C., FOR LOT 5 OF NORTH AIRPORT DEVELOPMENT SUBDIVISION. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, form of contract, estimate of cost for the Riverside Festival Stage Improvements project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by O'Donnell, seconded by Bailey, to adopt RES. 07-12, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST FOR THE RIVERSIDE FESTIVAL STAGE IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Individual Council Members expressed their interests. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Champion, that the ordinance amending Title 4, entitled, "Alcoholic Beverages," Chapter 5, entitled, "Prohibitions and Restrictions," Section 4, entitled, "Regulation of Persons under Legal Age" to provide that second and subsequent offense violations may be based on a prior conviction under an ordinance from another city or county in 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 O'Donnell, to adopt RES. 07-13, ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Vanderhoef, to adopt RES. 07-14, AUTHORIZING EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY COMMUNITY SCHOOL DISTRICT INVOLVING THE GRANT WOOD SCHOOL GYMNASIUM. 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 adopt RES. 07-15, AWARDING CONTRACT to Regal Construction Services, Inc. for $457,625.22 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT WITH REGAL CONSTRUCTION SERVICES, INC. FOR THE CONSTRUCTION OF TWO DUPLEX HOMES UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM. 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 Vanderhoef, seconded by O'Donnell, to adopt RES. 07-16, AMENDING THE BUDGETED POSITIONS IN THE TRANSIT DIVISION OF THE PARKING AND TRANSIT DEPARTMENT BY INCREASING ONE MASS TRANSIT OPERATOR POSITION FROM .75 TO 1.0 FULL TIME EQUIVALENTS (FTE). Individual Council Members expressed their interests. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor stated he had a conflict of interest on the next three (3) items, numbers 14, 15 and 16, and left the meeting. Mayor Pro tem Bailey presiding. - - ~-----~----~-- ---- ----~----~ -----~ ---------------- - -- --------- Complete Description January 9, 2007 Page 5 Moved by Champion, seconded by Correia, to adopt RES. 07-17, AMENDING THE BUDGETED POSITIONS IN THE COMMUNITY DEVELOPMENT DIVISION OF THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT BY INCREASING THE PROGRAM ASSISTANT POSITION FROM .50 TO .63 FULL TIME EQUIVALENTS (FTE). Affirmative roll call vote unanimous, 6/0, Wilburn abstaining. The Mayor Pro tem declared the resolution adopted. Moved by Correia, seconded by Vanderhoef, to adopt RES. 07-18, AMENDING THE IOWA CITY 2006-2010 CONSOLIDATED PLAN (AKA. CITY STEPS) TO CLARIFY THE PERCENTAGE ALLOCATED TO ECONOMIC DEVELOPMENT ACTIVITIES FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ENTITLEMENT AND ESTABLISH A MAXIMUM AMOUNT AVAILABLE FOR ECONOMIC DEVELOPMENT ACTIVITIES. Affirmative roll call vote unanimous, 6/0, Wilburn abstaining. The Mayor Pro tem declared the resolution adopted. Moved by Correia, seconded by Champion, to adopt RES. 07-19, ADOPTING IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) INVESTMENT POLICIES AND RESCINDING RESOLUTION NO. 05-213. Affirmative roll call vote unanimous, 6/0, Wilburn abstaining. The Mayor Pro tem declared the resolution adopted. Mayor Wilburn returned to the meeting. Moved by O'Donnell, seconded by Champion, to defer to January 23, a resolution authorizing the acquisition of property interests necessary for construction of the U.S. Highway 6 & Gilbert Street Intersection Improvement project. Individual Council Members expressed their views. Roger Reilly, representing Hills Bank, appeared. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Bailey, to accept correspondence from Roger Reilly. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to approve a tentative agreement between AFSCME Local 183 and the City of Iowa City. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. The Mayor noted the previously announced vacancy: Housing & Community Development Commission to fill an unexpired term ending September 1, 2007. Applications must be received by 5:00 p.m., Wednesday, January 17, 2007. Moved by Bailey, seconded by O'Donnell, to make the following appointments to Boards and Commissions: re-appoint Stephen Buckman, 215 Amhurst Street, to the Board of Appeals to fill a five-year term January 1, 2007 - December 31, 2011; appoint Brett Gordon, 224 N. Dubuque Street, to the Telecommunications Commission to fill an unexpired term ending March 13, 2009. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the following vacancies would be readvertised: Airport Zoning Brd of Adjustment to fill an unexpired term plus a five-year term ending December 31, 2011; Airport Zoning Commission to fill a six-year term January 1, 2006 - December 31, 2011; Senior Center Commission to fill three-year terms January 1,2007 - December 31,2009. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Complete Description January 9, 2007 Page 6 Council Member Elliott noted a newspaper guest opinion by Donald Baxter and stressed as the City grows there must be care and awareness to the interaction of motor vehicles, bicycles, and pedestrians. Mayor Pro tem Bailey congratulated "Grounds for Dessert" for their profile in the Corridor Business Journal, and encouraged citizens to visit the establishment. Council Member Champion encourages bicyclists to wear light clothing and lights on the front, as well as the rear, of the bike. Mayor Wilburn thanked the various University of Iowa and community groups who sponsored Martin Luther King Jr. activities; noted the Culver Inaugural express train will be blocking Clinton and Dubuque Streets for a brief time on January 11; thanked Governor elect Culver and Lt. Governor Judge for planning some inaugural events in Iowa City; and thanked outgoing Governor Vilsack and Lt. Governor Peterson for their service to the State of Iowa during their term. Moved by Vanderhoef, seconded by Elliott, to adjourn meeting at 7:55 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ross Wilburn, Mayor Marian K. Karr, City Clerk