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HomeMy WebLinkAbout2007-02-06 Council minutes 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 FEBRUARY 6, 2007 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Wilburn presiding. Council Members present: Bailey, Champion, Correia, Elliott, O'Donnell, Vandehoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, Miller. Council minutes tape recorded on Tape 07-19, Side 1. The Mayor proclaimed Sertoma's Freedom Week: February 11, 2007, Dennis Mitchell, President accepting; Salute to Hospitalized Veterans Day - February 14, 2007. The Mayor presented Outstanding Student Citizenship Awards to Hoover Elementary students: Emily Koepnick, Alex Ledger, and Francesca Lubecki-Wild. Moved by Vanderhoef, seconded by Bailey, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: January 16, Special Council Work Session; January 22, Special Council Work Session; January 23, 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 Appeals - December 4, 2006; Human Rights Commission - December 19, 2006; Animal Care Task Force - December 21,2006; Planning and Zoning Commission - December 21, 2006; Housing and Community Development Commission - November 16,2006; Telecommunications Commission - December 18, 2006; Public Library Board of Trustees - December 21, 2006. Permit Motions and Resolutions as Recommended by the City Clerk. New: Special Class C Liquor License for WM, LLC, dba Thai Flavors, 340 E. Burlington SI.; Renewal: Class C Liquor License for One Poor Student, Inc., dba One Eyed Jake's, 18-20 S. Clinton SI.; Class C Liquor License for EI Ranchero, Inc., dba EI Ranchero Mexican Restaurant, 21 Sturgis Corner Dr.; Special Class C Liquor License for Cottage of Iowa City, Inc., dba Cottage Bakery & Cafe, 14 S Linn SI.; Special Class C Liquor License for Devotay, Inc., dba Devotay, 117 N. Linn SI.; Class C Beer Permit for Fareway Stores, Inc., dba Fareway Stores, Inc., #950, 2530 Westwinds Dr.; Class C Beer Permit for Fareway Stores, Inc., dba Fareway Stores, Inc. #034, 2765 Commerce Dr; RES. 07-31, TO ISSUE DANCE PERMIT to One Poor Student, Inc., dba One Eyed Jake's, 18-20 S. Clinton SI. Setting a Public Hearing: Set a public hearing on February 20, 2007 on an ordinance amending Title 16, entitled "Public Works," Chapter 3, entitled "City Utilities," Article A, entitled "General Provisions," by amending Section 5 to allow for deposits to be billed instead of paid in advance with proper payment history; RES. 07- 32, SETTING A PUBLIC HEARING ON FEBRUARY 20,2007 TO DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2007 THROUGH JUNE 30, 2008, THE PROPOSED THREE-YEAR FINANCIAL PLAN, AND ALSO THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2011; RES. 07-33, SETTING A PUBLIC HEARING FOR FEBRUARY Complete Description February 6, 2007 Page 2 20,2007, TO CONSIDER A FIFTH AMENDMENT TO A REAL ESTATE CONTRACT- INSTALLMENTS BETWEEN THE CITY OF IOWA CITY AND UNITED ACTION FOR YOUTH FOR CONDOMINIUM UNIT 1-C IN TOWER PLACE AND PARKING. Resolutions: RES. 07-34, 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 WILLIAM AND HELEN BYINGTON, AND TENANT LITTLE DONKEYS INC. DIBIA PANCHERO'S MEXICAN GRill, FOR A SIDEWALK CAFE; RES. 07-35, RESCINDING THE 2003 COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM FOR DRUGS AND ALCOHOL AND ESTABLISHING A NEW COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM; RES. 07-36, ESTABLISHING POLICY FOR MICROFILMING AND ELECTRONIC IMAGING; AND DESTRUCTION OF RECORDS AND DOCUMENTS IN THE CITY CLERK'S OFFICE. Correspondence: JCCOG Traffic Engineering Planner regarding Removal of six parking meters in the 100 block of N. Madison Street; Assistant Transportation Planner regarding Install (1) NO PARKING lAW ENFORCEMENT VEHICLES ONLY sign; (1) combination NO PARKING lAW ENFORCEMENT VEHICLES ONL YINO PARKING CITY BUSES ONLY sign; and (1) NO PARKING CITY BUSES ONLY sign on the 100 blk. Of Capitol Street with TOW-AWAY ZONE signs; JCCOG Traffic Engineering Planner regarding Installation of NO PARKING ANY TIME signs on the north and west sides of Meadow Ridge Lane; Jerry Warner regarding Mediacom suspensions of service [staff response included]; George Steele regarding Double-Month Security Deposits - Scam Potential in Iowa City? [staff response included]; Erin Auer-Sears regarding Child Appreciation Day; Correspondence distributed at the January 30 Work Session: FY08 Budget: Airport - Airport Commission 2006 Annual Report; Brick Streets letter from Helen Burford; Child Appreciation Day letters from Theresa Carbrey, Kristen Dolgos, Andrew Epstein & Jennifer New, Cathy Wilkie; Earth Expo letter from Kim Kullmer; First Avenue Railroad Crossing letter from William Keating; Gilbert Street Improvements (Hwy 6) letter from Brett Bauer; NE Fire Station letter from Dennis Kietel; RockyShorelPeninsula Pedestrian Bridge letters from Jeanette Carter, Mara and Rockne Cole, Cody Gieselman, Steve Goetzelman, Kevin Henriksen, Perry Howell, Kathleen Janz, Johnson County Dog Park Action Committee, Barb Meredith, Judith Pascoe, Claire Sponsler, Kyle and Diana Von Stein, Shelter House letters from Robert Ashman, Fr. Kenneth Kunz, John McKinstry; Summer of the Arts letters from Dennis Green, Dirk Keller, Donald G. Thompson. Mayor Wilburn repeated the public hearings as set. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Youth Advisory Commission Member Sarah Ziegenhorn read a statement from the Commission urging support of a late night bus service. Senior Center Commission Member Dave Gould updated Council on activities at the Center. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Dave Gould. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to adopt RES. 07-37, SETTING A PUBLIC HEARING FOR FEBRUARY 20, 2007, TO CONSIDER THE CONVEYANCE OF Complete Description February 6, 2007 Page 3 THE PORTION OF MCLEAN STREET LOCATED BETWEEN LEXINGTON AVENUE AND HUTCHINSON AVENUE IN MANVILLE HEIGHTS ADDITION, TO ADJACENT PROPERTY OWNERS. 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 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. No one appeared. Moved by Bailey, seconded by Correia, that the 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, 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 Correia, that the ordinance vacating a portion of McLean Street between Hutchinson Avenue and Lexington Avenue (VAC06-00006), be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, 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. 07-4250, 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 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 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 Vanderhoef, seconded by Bailey, to accept correspondence from David Lawrence; Larson. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. 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. 07-5251, AMENDING TITLE 14, CHAPTER 5, ARTICLE J, FLOOD PLAIN MANAGEMENT ORDINANCE TO ADOPT THE RE-FORMATTED FLOOD INSURANCE RATE MAP, 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 Bailey, seconded by Vanderhoef, 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 O'Donnell, to set a public hearing for February 20 on an ordinance to rezone approximately 12,200 square feet of property from Low Density Single Family (RS-5) to Commercial Office (CO-1), located west of Diana Street and south of Complete Description February 6, 2007 Page 4 Kirkwood Avenue (Lensing) (REZ06-00027). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Correia, to adopt RES. 07-38, APPROVING THE FINAL PLAT OF STONE BRIDGE ESTATES, PART FIVE, 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 Correia, to send a letter to the Johnson County Supervisors recommending approval of a conditional use permit to operate a photo studio business on approximately 40 acres of property located at 3104 Charles Drive, NE in Fringe Area A. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Mayor Wilburn abstained from the next item due to a conflict of interest. Mayor Pro tem Bailey presiding. Moved by Champion, seconded by Correia, to adopt RES. 07-39, RESCINDING RESOLUTION NO. 95-258 AND ADOPTING NEW "ECONOMIC DEVELOPMENT POLICIES AND STRATEGIES FOR THE CITY OF IOWA CITY." 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 Vanderhoef, seconded by Bailey, to adopt RES. 07-40, AWARDING CONTRACT to Selzer Werderitsch Associates for $211 ,200 FOR THE RIVERSIDE FESTIVAL STAGE IMPROVEMENTS PROJECT. 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 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. Applications must be received by 5:00 p.m., Wednesday, February 14, 2007; Airport Commission to fill a six year term March 1, 2007 - March 1, 2013; Historic Preservation Commission for three vacancies, one (1) At-Large, one (1) Summit St District Rep, and one (1) Brown St District Rep, to fill three year terms March 29, 2007 - March 29, 2010. Applications must be received by 5:00 p.m., Wednesday, February 28,2007. The Mayor noted the current vacancy on the Planning & Zoning Commission to fill a five year term May 1, 2007 - May 1, 2012. Applications must be received by 5:00 p.m., Wednesday, March 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.] Mayor Pro tem Bailey suggested featuring some of the comments of winners of the Student Citizenship Award on the City website. Staff will follow up; and noted the First Annual Johnson County Local Food Summit on February 7. Council Member Vanderhoef reminded citizens of League of Cities lobbying event planned at the State House on February 14, and the City tabletop presentation in the Rotunda on Tax Increment Financing (TIF) and Economic Development. Council Member Champion stated she would be "yes" on the school tax election and encouraged citizens to do the same on February 13. Complete Description February 6, 2007 Page 5 Mayor Wilburn reported that he and Mayor Pro tem Bailey would be in Washington DC February 12-14 encouraging funding for three Capital projects; and announced that cars would be towed if they were parked downtown after 2AM that evening due to snow removal efforts. City Clerk Karr noted a special Council budget work session planned for 8:30 AM on Friday, February 9. Moved by Bailey, seconded by Vanderhoef, to adjourn meeting at 7:30 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. ~W~ Ross Wilburn, Mayor -. ~ ~9f. Mari K. Karr, City Clerk I ~ j !~~~-r ~~~ID" ..,... -: ~ ( CITY OF IOWA CITY MEMORANDUM 02-06-07 4a(1 ) Date: January 25, 2007 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Budget Work Session, January 16, 2007, 8:00 AM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn UISG Rep: None Staff: Atkins, Helling, O'Malley, Karr, Lewis, Mansfield, Fosse, Cohn, Knoche, Fowler, Tharp, Davidson Franklin, Trueblood, Hargadine, Rocca, Dilkes Tapes: 07-05,07-06,07-07,07-08,07-09 Both Sides (A complete transcription is available in the City Clerk's Office) CAPITAL IMPROVEMENT PROJECTS (CIPI A power point presentation was presented on the following projects with City staff present as noted. PW Director Fosse stated projects would be presented by categories: Parking; Landfill; Airport; Streets, Bridges, Traffic, Engineering and Public Utilities; Parks & Recreation; Public Safety; Miscellaneous Other Projects. Parkino Elevator Upgrades - Parking & Transit Dir. Fowler Garage Access Controls(Capitol, Dubuque and Tower Place)- Parking & Transit Dir. Fowler Garage Maintenance & Repair - Parking & Transit Dir. Fowler Landfill Eastside Recycling Center - PW Dir. Fosse Landfill Cell - FY09 - PW Dir. Fosse . Ai roort Runway 7-25 Rehabilitation - Operations Specialist Tharp Runway 7 Parallel Taxiway - Operations Specialist Tharp Runway 12039 Rehabilitation - Operations Specialist Tharp Terminal Apron - Operations Specialist Tharp Aviation Commerce Park South - PCD Dir. Franklin Streets. Bridoes. Traffic Enoineerino American Legion Road - Ass!. PCD Dir. Davidson . Burlington Street Median - PCD Dir. Franklin, Ass!. PCD Dir. Davidson, City Engr. Knoche College Street Streets cape - City Engr. Knoche Council Work Session January 16, 2007 Page 2 Dubuque & Church Streets - Left Turn Bays - City Engr. Knoche, Ass!. PCD Dir. Davidson First Avenue/Iowa Interstate Railroad Crossing Improvements - Ass!. PCD Dir. Davidson Gilbert Street at Bowery & Prentiss - City Engr. Knoche, Ass!. PCD Dir. Davidson Gilbert S!. & Hwy. 6 Intersection Dual Left Turn - City Engr. Knoche, Ass!' PCD Dir. Davidson Lower Muscatine Ave / Kirkwood to First Avenue - Ass!. PCD Dir. Davidson McCollister Blvd. Highway 921 to Gilbert Street - City Engr. Knoche, Ass!. PCD Dir. Davidson Mormon Trek - Left Turn Lanes - Ass!. PCD Dir. Davidson Park Road Bridge & Intersection Improvements - City Engr. Knoche, Ass!. PCD Dir. Davidson Rochester Avenue Bridge - City Engr. Knoche, PW Dir. Fosse Salt Storage Building - PW Dir. Fosse Scott Blvd. Pavement Overlay Rochester to Court Street - City Engr. Knoche Taft Avenue (Unfunded # 30) - Ass!. PCD Dir. Davidson Sycamore Street Burns Street to City Limits - Ass!. PCD Dir. Davidson 420lh Street Improvements Highway 6 to Taft Avenue - PCD Dir. Franklin Parks. Recreation and Trails Butler Bridge Pedestrian Trail - Ass!. PCD Dir. Davidson Cemetery Resurfacing - Parks & Rec. Dir. Trueblood Court Hill Trail - City Engr. Knoche Mercer Park Ball Diamond Upgrade - Parks & Rec. Dir. Trueblood Mercer Park Aquatic Center Pool & Lobby Roof Replacement - Parks & Rec. Dir. Trueblood Ped. Bridge Rocky Shore/Peninsula - Parks & Rec. Dir. Trueblood, Ass!. PCD Dir. Davidson Peninsula Park - Parks & Rec. Dir. Trueblood Sand Lake Recreational Area - Parks & Rec. Dir. Trueblood Soccer Park Improvements - Parks & Rec. Dir. Trueblood, Ass!. PCD Dir. Davidson Public Safetv Emergency Communications Radio Systems Upgrade - Police Chief Hargadine Fire Apparatus - Fire Chief Rocca Police Records & Computer Aided Dispatch - Police Chief Hargadine Metro Area Wireless Broadband-Police Chief Hargadine, Fire Chief Rocca, ITS Coordinator Cohn Miscellaneous City Hall Emergency Generator - Fire Chief Rocca and Finance Dir. O'Malley Old Bus Depot Land Acquisition - City Manager Atkins, Finance Dir. O'Malley Payroll and Human Resources Software - Finance Dir. O'Malley Utility Billing Software - Finance Dir. O'Malley Recurrinq Proiects Parks - Bike Trails - Parks & Rec. Dir. Trueblood Brick Street Repair - City Engr. Knoche Bridge Maintenance - PW Dir. Fosse City Hall & Other Projects - Parks & Rec. Dir. Trueblood Curb Ramps - City Engr. Knoche Economic Development - PCD Dir. Franklin Council Work Session January 16, 2007 Page 3 Open Space Land Acquisition - Parks & Rec. Dir. Trueblood, City Manager Atkins Overwidth Paving and Sidewalks - City Engr. Knoche Parks Recurring Maintenance and Improvements - Parks & Rec. Dir. Trueblood Pavement Rehab - PW Dir. Fosse Public Art - PCD Dir. Franklin Railroad Crossings - City Engr. Knoche Sewer Main Replacement - PW Dir. Fosse Sidewalk Infill - PW Dir. Fosse Street Pavement Markings - PW Dir. Fosse, Ass!' PCD Dir. Davidson Traffic Calming - Ass!. PCD Dir. Davidson Traffic Signals - Ass!. PCD Dir. Davidson, PW Dir. Fosse Water Main Replacement - PW Dir. Fosse Proiects Scheduled for Completion 2007 Hwy 1/ Dodge Street - City Engr. Knoche Rec. Center Window Replacement - Parks & Rec. Dir. Trueblood Brooklana Park Redevelopment - Parks & Rec. Dir. Trueblood Lower West Branch Road Reconstruction - PW Dir. Fosse Questions and Answers 1. Clarification that the money allocated for skateboard park restrooms is on hold pending the University boathouse project - Parks & Rec. Dir. Trueblood 2. Sycamore City Limits to "L" (unfunded project # 28) - PCD Dir. Franklin 3. Hwy 1 Sidewalk / Trail (unfunded project # 34) - PCD Dir. Franklin 4. Willow Creek Trail West (unfunded project # 49) - Parks & Rec. Dir. Trueblood 5. Sand Prairie Enhancement & Preservation (unfunded project # 69)-Parks & Rec. Dir. Trueblood 6. Napoleon Park Restroom / Concession Bldg. - Parks & Rec. Dir. Trueblood 7. Foster Rd. Dubuque to Prairie du Chien (unfunded project # 13) - PW Dir. Fosse, PCD Dir. Franklin 8. Leisure Pool Development (unfunded project # 63) - Parks & Rec. Dir. Trueblood 9. Maier Avenue Upgrade (unfunded project # 19) City Engr. Knoche, Ass!' PCD Dir. Davidson 10. Myrtle Riverside Intersection (unfunded project # 22) - Ass!. PCD Dir. Davidson 11. Riverside Drive Streetscape (unfunded project # 25) - Ass!. PCD. Dir. Davidson 12. Linn Street Ped. Improvements (unfunded project # 39) - PCD Dir. Franklin 13. Iowa River Trail Benton S!. / Hwy. 6 (unfunded project # 36) - Ass!. PCD Dir. Davidson, PW Dir.Fosse 14. Fire Station # 4 (unfunded project # 45) Majority requested information on reorganization of the Senior Center operation under Parks & Recreation. Stormwater projects (unfunded # 56- # 61) - PW Dir. Fosse (FLIP CHART ITEMS FOR FURTHER DISCUSSION) Council Work Session January 16, 2007 Page 4 Hwy 6 Gilbert Street Improvements Peninsula Park Bridge Old Bus Depot Discussion of Flip Chart Items Hwy 6 Gilbert Street Improvements - City Atty. Dilkes, PW Dir. Fosse, City Manager Atkins outlined the procedure for the project, and the deferred resolution authorizing acquisition on the formal agenda January 23. Staff was directed to send a letter to all property owners informing them of discussion by Council on January 23 on the resolution authorizing acquisition and February 20 on the overall City budget containing the budget. Peninsula Park Bridge - Parks & Rec. Dir. Trueblood present. Majority agreed not to fund the project at this time and moved the project out a year on the unfunded list. Old Bus Depot - City Manager Atkins and City Engr. Knoche present. No decision at this time. HANDOUTS DISTRIBUTED: . City of Iowa City Proposed Budget FY07 -FY11 Capital Improvement Plan . Copies of power point slides . Special Project - Progress Report . Parks and Recreation Department Capital Improvement Projects FY08-FY11 Priorities (Adopted by Commission - November 8, 2006) . Sidewalk Infill Policy January 2007 SCHEDULE Council agreed to an earlier start time of 6:00 p.m. on January 29 for community events and City Boards and Commissions presentations; confirmed January 30 would be the last meeting for budget decisions in preparation of setting public hearing on February 6 for February 20. February 19 - President's Holiday, City offices closed February 20 - Special work session (5:30 p.m.) City Conference Board Meeting (6:30 p.m.) Formal meeting (7:00 p.m.) Meeting adjourned 4:20 PM. I ~ I -....= -~ !~~;!:'t -.;:;.... ,.l1li1'- ...... .. CITY OF IOWA CITY~ MEMORANDUM Date: January 31, 2007 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, January 22, 2007, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn UISG: Baeth Staff: Atkins, Helling, Dilkes, Karr, Franklin, Severson, Davidson Tapes: 07-09, Side 2; 07-10, Both Sides (A complete transcription is available in the City Clerk's Office) PLANNING & ZONING ITEMS PCD Dir. Franklin present for discussion of the following items: A. SETTING 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. B. SETTING A PUBLIC HEARING FOR 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) Majority agreed to set the hearing for February 20, rather than February 6. C. VACATING A PORTION OF MCLEAN STREET BETWEEN HUTCHINSON AVENUE AND LEXINGTON AVENUE. (VAC06-o0006) Majority requested an inventory of CI-1 property, where it's located and how many acres are undeveloped. Planning & Zoning Member Charlie Eastham present for discussion. D. 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-o0021) Council Work Session January 22, 2007 Page 2 E. AMENDING TITLE 14, CHAPTER 5. ARTICLE J, FLOOD PLAIN MANAGEMENT ORDINANCE TO ADOPT THE ~E-FORMATTED FLOOD INSURANCE RATE MAP. F. AMENDING THE PLANNED DEVELOPMENT OVERLAY PLAN FOR THE PENINSULA NEIGHBORHOOD. (REZ05-00025/SUB06-00020) (SECOND CONSIDERATION) G. RESOLUTION APPROVING THE FINAL PLAT OF KENNEDY'S WATERFRONT ADDITION - PART 4, IOWA CITY, IOWA. (SUB06-D0009) COUNCIL APPOINTMENTS Mayor Wilburn noted he had a conflict of interest on the next two items and left the table. Mayor Pro tern Bailey presiding. Housing & Community Development Commission - Charlotte Walker FY2006 AID TO AGENCIES PROPOSAL (IP2 of the 1/18 Info Packet) Subcommittee members (Mayor Pro tem Bailey, Council Member Champion and UISG Alternate Abbie Volland) presented their report, and answered questions on their recommendations. JCCOG Human Services Coordinator Severson present for discussion. Majority agreed to discuss the matter further at their budget work session scheduled January 30. Mayor Wilburn returned to the table. AGENDA ITEMS 1. (Agenda item # 7 - Ordinance amending Title 4 .... .to provide that second and subsequent offense violations may be based on a conviction from another city or county in Iowa) In response to Council Member Correia, UISG rep. Baeth stated he would be scheduling time at an upcoming work session to discuss the PAULA policy regarding sentencing options for the second offense and deferred prosecution for first offenses, but was not ready at this time. Baeth will notify the City Clerkwhen he is ready to schedule the item. 2. (Agenda item # 9 - Resolution authorizing acquisition.... Highway 6 & Gilbert Street Intersection Improvement Project) City Atty. Dilkes outlined the procedure for land acquisition on City projects. PCD Dir. Franklin present for discussion. Bailey, Vanderhoef, Correia, and Wilburn indicated an interest to proceed with the resolution and project. 3. (Agenda item # 10- Resolution approving.... an agreement... the City of Iowa City and John Doyne to provide consultant services for the Lower West Branch Road Placard --_._.~----"----".-.,._---_._"-~~----~_._-----_._.,-"-_._.-._._~_." Council Work Session January 22, 2007 Page 3 Project) Council Members Elliott and Vanderhoef indicated they would be voting against the resolution. LEGISLATIVE ITEMS (IP3 of 1/18 Info Packet) Ass!. PCD Dir. Davidson present for discussion, and reported on quarterly meeting in Ames with representatives from other urbanized areas, and stated he would alert Council if anything was happening in the legislature regarding Road Use Tax. Council Member Vanderhoef noted discussions on vehicle registration increase for pickup trucks. Mayor Wilburn reported on a call from a reported concerning local smoking bans. Mayor Pro tem Bailey and Council Member Vanderhoef presented information on Senator Hatch's proposal regarding an increase in historic preservation tax credits for cultural and entertainment districts and how that could benefillowa City. UISG Baeth updated Council on his lobbying efforts concerning rental deposit legislation. In response to Mayor Pro tem Bailey, Council Member Vanderhoef reported the changing of condo tax rates was still in the discussion and a recommendation forth coming. . COUNCIL TIME 1. In response to Council Member Elliott, the City Manager stated complaints regarding "panhandlers" in or on the street should be referred to the Police as a safety matter. He added that if they were on the safety island or curb there is little Police can do. City Atty. Dilkes stated the City did not have a specific ordinance that addresses the situation, noting that the current ordinance prohibited "begging" if it's accompanied by something else such as a safety issue. 2. Council Member Elliott reported on a meeting regarding downtown fire safety proposals and the desire to send notification to all establishments affected, and wondered if the City had or could collects emails as a cost saving measure to mail. City Atty. Dilkes stated there would be nothing prohibiting us from asking but that an important "official" notice should be by mail. 3. Council Member Correia brief Council on a budget teach-in she and Mayor Pro tem Bailey conducted for FAIR, and a question arose reg'arding whether medical (diabetic) sharps could be recycled. The City Manager will follow up. Correia expressed a desire for the service to be provided at the Eastside Recycling Center. 4. Council Member Correia said that JCCOG had adopted a complete streets policy and wondered if the City might consider such a policy for projects that aren't JCCOG. The City Manager will follow up with staff. 5. Council Member Correia announced that Johnson County along with JCCOG, the Iowa City Housing Authority, United Way, the University of Iowa Tippie College of Business, the Retired Senior Volunteer Program and the Iowa City Community School District have partnered together to do free tax preparation clinics in the community. Information is ____~___~,,_~_~~._____.__"_.___..~__._~_'_____~____.."___._.__M~~__,._..._____.,_,.._.___'M__...._.._~,__ Council Work Session January 22, 2007 Page 4 available on the Johnson County website, city buses, local media, neighborhood centers, and schools. 6. Council Member Champion asked if there was interest on Council to support the SILO tax for schools. Majority agreed to endorse at this time. SCHEDULE OF PENDING DISCUSSION ITEMS Council Member Correia suggested the formulation of a Council public safety committee to start developing a long term plan on how the City was going to fund public safety needs such as the fourth fire station. Mayor Wilburn suggested Correia provide a memo in the next packet. FUTURE MEETING SCHEDULE City Clerk Karr reminded Council of the early start time of 6:00 PM for the January 29 presentation from community events and Boards & Commissions. Council Member Charnpion stated she would be unable to attend the March 19 and 20 Council meetings. Mayor Wilburn suggested the Council discuss readjusting the meeting schedule the next evening. Meeting adjourned 8:35 PM. - -------~---,---,-"._-----_.__._---,----------_.__._..-,-,.- - '.' -------.---."-,------.-..--.-..--"'.-- --- -~...._.,----~-~-_._.__...-..-..._-----_.._-_..,_.,._.---"-...---.. - -_._.__.._-_.~_.,-----~------"--'- ~ ~ 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 ACTIONS - 1/23/07 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. 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 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: 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 Bob's our Uncle Pizza Cafe, 749 Mormon Trek Blvd.; Outdoor Service Area for Bob's Your Uncle Pizza Cafe, 749 Mormon Trek Blvd.; Class C Liquor License for It's Brothers Bar & Grill, 125 S Dubuque SI.; Outdoor Service Area for It's Brothers Bar & Grill, 125 S Dubuque SI.; Class C Liquor License for Bo-James, 118 E Washington SI.; Outdoor Service Area for Bo-James, 118 E Washington SI.; Class C Liquor License for Speakeasy, 171 Highway 1 West; Outdoor Service Area for Speakeasy, 171 Highway 1 West; Class E Liquor License for Cub Foods, 855 Highway 1 West; RES. 07-20, TO ISSUE DANCE PERMIT for Speakeasy, 171 Highway 1 West and It's Brothers Bar & Grill, 125 S Dubuque SI. 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 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 Official Actions January 23, 2007 Page 2 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]. 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 and seconded 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. Moved and seconded to set a public hearing for February 20,2007, 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. A public hearing was held on an ordinance vacating a portion of McLean Street between Hutchinson Avenue and Lexington Avenue (VAC06-00006). Moved and seconded that the ordinance vacating a portion of McLean Street between Hutchinson Avenue and Lexington Avenue (VAC06-00006), be given first vote. 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). Moved and seconded 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. 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. Official Actions January 23, 2007 Page 3 Moved and seconded 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. 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- 4248, AMENDING THE PLANNED DEVELOPMENT OVERLAY PLAN FOR THE PENINSULA NEIGHBORHOOD, 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 accept correspondence from Kevin Morrow. The Mayor declared the motion carried. Moved and seconded to adopt RES. 07-26, APPROVING THE FINAL PLAT OF KENNEDY'S WATERFRONT ADDITION-PART FOUR, IOWA CITY, IOWA. 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. 07-4249, 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 UNDERAN ORDINANCE FROM ANOTHER CITY OR COUNTY IN IOWA, 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 adopt RES. 07-27, SUPPORTING THE APPLICATION FOR A $25,000 GRANT FROM THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR BIOWA,. Mike Ott, Executive Director of BIOWA, appeared. Moved and seconded 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. Moved and seconded 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. Moved and seconded to adopt RES. 07-30, AUTHORIZING THE EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON Co.UNTY REGARDING IMPROVEMENTS TO A PORTION OF LOWER WEST BRANCH ROAD. Moved and seconded 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. 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- Official Actions January 23, 2007 Page 4 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. Moved and seconded 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. Mayor Wilburn returned to the meeting. Moved and seconded to adjourn meeting at 8:00 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/M~'an K. Karr, City Clerk ~I~~:>..,f <~ Subm ed for publication - 1/31/07. ~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 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 DIBIA 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, L TD DIBIA 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 Members present. Ross Wilburn, Mayor Marian K. Karr, City Clerk