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HomeMy WebLinkAbout2007-03-05 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 MARCH 5, 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, Trueblood, Boelk, Panos, O'Malley. Council minutes tape recorded on Tape 07-24, Both Sides; Tape 07-25, Both Sides. The Mayor presented Outstanding Student Citizenship Awards to Regina Elementary students: Michael (Mikey) Donovan, Tyler Jensen, Kim Shiu and Grant Wood Elementary students: Kayla Gertson, Shannon Koppes, Lia Phanthavong. Girls Softball representatives Julie Pelechek and Dave Darner presented a check in the amount of $16,500 to the City for the 2006 Lighting Project at Napoleon Park. MidAmerican representative Terry Smith presented a check for $20,000 for the Trees Please! Project. Moved by Vanderhoef, seconded by Champion, 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: February 20, Special Council Work Session; February 20, Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Police Citizens Review Board - January 16, 2007; Police Citizens Review Board - January 9, 2007; Planning and Zoning Commission - February 1, 2007; Youth Advisory Commission - January 17, 2007; Senior Center Commission - December 19, 2006; Senior Center Commission - January 16, 2007; Housing and Community Development Commission - January 18, 2007; Telecommunications Commission - January 22, 2007; Human Rights Commission - January 23, 2007; Parks and Recreation Commission - January 10, 2007. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Kmarcella, Inc., dba Donnelly's Pub, 110 E. College St.; Class C Liquor License for Graze Iowa City, LLC, dba Graze, 115 E. College St. Renewal: Class C Liquor License for Okoboji IC, LLC, dba Okoboji Grill, 1857 Lower Muscatine Rd.; Special Class C Liquor License for Chansy Keomanivong dba Thai Spice Restaurant, 1210 S. Gilbert St. #200. Motion: Approve disbursements in the amount of $8,930,540.23 for the period of January 1 through January 31,2007, as recommended by the Finance Director. Setting Public Hearings: RES. 07-57, SETTING A PUBLIC HEARING FOR MAY 1, 2007 ON THE IOWA CITY HOUSING AUTHORITY'S ANNUAL PLAN FOR FISCAL YEAR 2007 AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING; RES. 07-58, SETTING A PUBLIC HEARING FOR MARCH 20,2007 ON AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES,TAXATION & Complete Description March 5, 2007 Page 2 FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," ARTICLE 5 ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE RESIDENTIAL SOLID WASTE COLLECTION FEES. Resolutions: RES. 07-59, CONSENTING TO THE ASSIGNMENT OF RIGHTS IN AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MCLEOD USA TELECOMMUNICATIONS SERVICES INC. (F/KlA MWR TELECOM INC.) TO USE PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK; RES. 07-60, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST, AN ADDENDUM TO THE AGREEMENT BETWEEN IOWA CITY AND JOHNSON COUNTY REGARDING THE EXISTING PARATRANSIT CONTRACT WITH JOHNSON COUNTY SEATS. Correspondence: Sean Genell regarding Yellow Cab complaints by Baculis' Mobile Home Park; Krishna Das regarding Diversity Focus [staff response included]; Task Force letters from Mayor Nieland, Andrew Bassman [responses from Mayor Wilburn and staff included]; Roxanne Schomers regarding Animal display board in City public areas; Lee Orsino regarding Poultry, chickens; Leighton Smith regarding City of ONE; Kay Burke regarding Johnson County Senior Center; Debra Dorzweiler regarding Lack of sidewalks on Rochester Ave.; Erin Wright regarding Iowa UNA forum on global climate change; Dennis Kowalski regarding TIF; Carolyn Henderson regarding Concern for minorities not hired for permanent positions; Solomon Gould regarding Concern with Apartments Near Campus Company [Staff response included] Affirmative roll call vote unanimous, 710, all Council Members present. Mayor Wilburn repeated the hearings as set. The Mayor declared the motion carried. Senior Center Commissioner Sarah Meiers updated Council on activities at the Center. Galway Hills Neighborhood Rep. Bonnie Penno presented a quarterly report from the Neighborhood Council. Dog PAC Board President Beth Shields and Incoming President Diana Harris updated Council on activities and thanked Council, the community and Dean Thornberry for making the dog park a reality. Moved by Bailey, seconded by Champion, to set a public hearing for March 20th on a resolution amending the Comprehensive Plan, South Central District Plan, to outline commercial development scenarios for Ruppert Road. The Mayor declared the motion carried unanimously, 710, all Council Members present. Moved by Champion, seconded by O'Donnell, to set a public hearing for March 20th on an ordinance rezoning approximately 12 acres of property located on Ruppert Road from Community Commercial (CC-2) Zone to Intensive Commercial (CI-1) Zone (REZ07-00001). The Mayor declared the motion carried unanimously, 710, all Council Members present. Moved by Champion, seconded by Vanderhoef, that the ordinance conditionally rezoning approximately .2 acres of property located west of Diana Street and south of Kirkwood Avenue (Lensing), from Low Density Single-Family Residential (RS-5) to Commercial Office (CO-1) (REZ06-00027), be given second vote. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance conditionally rezoning approximately 1.03-acres of property located at 1902 & 1906 Broadway Street Complete Description March 5, 2007 Page 3 from Commercial Office (CO-1) to Community Commercial (CC-2) (REZ06-00028), be given second vote, be given second vote. The Mayor requested Council Members disclose ex parte communications. Individual Council Members shared information. The following individuals appeared: Jerry Anthony, 713 Eastmoor Drive; and Glenn Siders, Southgate Development. PCD Director Franklin present for discussion. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Elliott, O'Donnell, Wilburn, Champion, Vanderhoef. Nays: Bailey, Correia. Absent: None. Moved by Bailey, seconded by Vanderhoef, to accept correspondence from Ben and Katie Voss. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to adopt RES. 07-61, APPROVING A PRELIMINARY AND FINAL PLAT OF OLDE TOWNE VILLAGE, PART 2, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by O'Donnell, to defer to March 20 the resolution approving a final plat of First American Bank Addition, a Resubdivision of Lot 2 of Ruppert Hills, 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 plans, specifications, form of contract, and estimate of cost for the construction of the 2007 Sanitary Sewer Repair 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 Champion, to adopt RES. 07-62, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2007 SANITARY SEWER REPAIR 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. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Lower West Branch Road - Scott Boulevard to Taft Avenue 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 Champion, seconded by O'Donnell, to adopt RES. 07-63, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LOWER WEST BRANCH ROAD - SCOTT BOULEVARD TO TAFT AVENUE 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. Affirmative roll call vote unanimous, 6/0, Correia absent. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Gilbert Street and Prentiss/Bowery Street Intersection Improvement 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. Correspondence received from Mary Bennett. Complete Description March 5, 2007 Page 4 Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 07-64, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GILBERT STREET AND PRENTISS/BOWERY STREET INTERSECTION IMPROVEMENT 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. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Vanderhoef, that the 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, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance amending Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," Section 2, entitled, "Begging," to prohibit soliciting from an occupant of a vehicle from the public right of way, be given first vote. UISG Rep. Austin Baeth present for discussion. Individual Council Members expressed their views. The Mayor declared the ordinance defeated, 3/4, with the following division of roll call vote. Ayes: Elliott, O'Donnell, Vanderhoef. Nays: Champion, Correia, Wilburn, Bailey. Absent: None. Moved by Champion, seconded by Bailey, to accept correspondence from Michael Crane and Garry Klein (2). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Correia, to adopt RES. 07-65, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2008 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. 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. 07-66, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE MCCOLLISTER BOULEVARD PAVING AND IOWA RIVER BRIDGE PROJECT. In response to Council, City Atty. Dilkes stated residents affected in the Thatcher Mobile Home Park have received notice and are entitled to relocation benefits. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Correia, to adopt RES. 07-67, AWARDING CONTRACT to Bockenstedt Excavating Inc. for $28,700.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE 2007 SADDLE REPLACEMENT PROJECT. Sr. Civil Engr. Boelk present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, to adopt RES. 07-68, ADOPTING THE ANNUAL BUDGET EXCLUDING HUMAN SERVICES AID TO AGENCIES FOR THE FISCAL YEAR ENDING JUNE 30, 2008. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Correspondence was received from Mary Bennett. Complete Description March 5, 2007 Page 5 Mayor Wilburn abstained from the next two items due to a conflict of interest. Mayor Pro tem Bailey presiding. Moved by Correia, seconded by Vanderhoef, to adopt RES. 07-69, ADOPTING THE ANNUAL BUDGET FOR HUMAN SERVICES AID TO AGENCIES FOR THE FISCAL YEAR ENDING JUNE 30, 2008. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 6/0, Wilburn abstaining. The Mayor Pro tem declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to adopt RES. 07-70, ALLOCATING THE HUMAN SERVICES AID TO AGENCIES FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2008, by amending the attached memo with changes for Shelter House and STAR funding as outlined in a memo dated January 29 from Council Sub Committee Members. Affirmative roll call vote unanimous, 6/0, Wilburn abstaining. The Mayor Pro tem declared the resolution adopted. Mayor Wilburn returned to the meeting and is now presiding. Moved by Correia, seconded by Bailey, to adopt a resolution approving the Financial Plan for the City of Iowa City, Iowa, for fiscal years 2008 through 2010 and the multi-year Capital Improvements Program for the fiscal years 2007 through 2011. Moved by Champion, seconded by O'Donnell, to remove the Gilbert Street I Highway 6 Project from the Capital Improvements Plan and vote on it separately. The Mayor declared the motion to amend carried unanimously, 7/0 all Council Members present. Moved by Vanderhoef, seconded by Champion, to separate the Financial Plan from the Capital Improvements Program and vote on them separately. The Mayor declared the motion to amend carried, 4/3, with the following show of hands: Ayes: Vanderhoef, Wilburn, Champion, Correia. Nays: Bailey, O'Donnell, Elliott. Moved by Champion, seconded by Correia, to adopt RES. 70-71, APPROVING THE FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, FOR FISCAL YEARS 2008 THROUGH 2010. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Champion, Correia, Elliott, O'Donnell, Wilburn, Bailey. Nays: Vanderhoef. Absent: None. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 07-72, APPROVING THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM FOR THE FISCAL YEARS 2007 THROUGH 2011, MINUS THE GILBERT AND HIGHWAY 6 INTERSECTION - DUAL LEFT TURN LANES PROJECT. 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 Bailey, seconded by Correia, to adopt RES. 07-73, APPROVING GILBERT STREET AND HIGHWAY 6 INTERSECTION - DUAL LEFT TURN LANES PROJECT WITHIN THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM FOR THE FISCAL YEAR 2007 THROUGH 2011. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 4/3, with the following division of roll call vote: Ayes: Vanderhoef, Wilburn, Bailey, Correia. Nays: Elliott, O'Donnell, Champion. Absent: None. Moved by Bailey, seconded by Champion, to adopt RES. 07-74, ALLOCATING THE COMMUNITY EVENTS AND PROGRAM FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2008. Individual Council Members expressed their views. 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 Complete Description March 5, 2007 Page 6 December 31,2011; Airport Zoning Commission to fill a six-year term January 1,2006- December 31,2011; 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. The Mayor announced the current vacancies: Human Rights Commission to fill an unexpired term ending January 1, 2009; Public Art Advisory Committee to fill an unexpired term ending January 1, 2009. Applications must be received by 5:00 p.m., Wednesday, April 11,2007. Moved by Bailey, seconded by Vanderhoef, to accept correspondence from Charles Felling. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Bailey, seconded by Correia, to make the following appointments: re- appoint Greg Farris, 423 Church Street, to the Airport Commission to fill a six year term March 1, 2007 - March 1, 2013; appoint Alicia Trimble, 2232 California Avenue, to the Historic Preservation Commission to fill a At-Large three year term March 29, 2007 - March 29, 2010 and re-appoint James Ponto, 618 Brown Street, for one (1) Brown St District Rep, to fill a three year term March 29, 2007 - March 29, 2010. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted that the vacancy on Historic Preservation Commission for one (1) Summit St District Rep for a three year terms March 29, 2007 - March 29, 2010, will be readvertised. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council Member Elliott noted the article in the paper relative to the request for a local law enforcement for illegal aliens and wished Council would have talked about the request; congratulated PCD Director Karin Franklin on being named one of the Women of Influence for 2007 by the Iowa City/Cedar Rapids Business Corridor; encouraged using use of common regular words in communications. Mayor Pro tem Bailey also congratulated PCD Director Franklin being named one of the Women of Influence for 2007 by the Iowa City/Cedar Rapids Business Corridor; questioned the amount of damage to trees in public parks with the recent ice storm, the City Manager reported stated noting major but the City was pursing funding possibilities; and thanked power companies for their rapid response during the storm. Council Member Vanderhoef also congratulated PCD Director Franklin being named one of the Women of Influence for 2007 by the Iowa City/Cedar Rapids Business Corridor; thanked public power for their efforts during the storm; and stated she would be out of town attending the National League of Cities meeting and could be reached through City Hall if necessary. Council Member O'Donnell named one of the Women of Influence for 2007 by the Iowa City/Cedar Rapids Business Corridor; and thanked MidAmerican. Council Member Champion also congratulated PCD Director Franklin being named one of the Women of Influence for 2007 by the Iowa City/Cedar Rapids Business Corridor. Council Member Correia also congratulated PCD Director Franklin being named one of the Women of Influence for 2007 by the Iowa City/Cedar Rapids Business Corridor along with other local Johnson County women named; and requested an update on recycling efforts planned at the Youth Sports Park. City Manager Atkins reported that a memo is being prepared on recycling activities and Recycling Coordinator Jen Jordon will be asked to attend Complete Description March 5, 2007 Page 7 an upcoming work session; questioned if the group planning a tournament at Napoleon could use the collapsible recycle containers used by Summer of the Arts, the City Manager will follow up; noted the letter from Roxanne Schomers on the Consent Calendar regarding animal display boards being placed in city public areas, and suggested utilizing the downtown kiosks areas. Mayor Wilburn outlined the procedure for responding to correspondence as Mayor. Council Member Vanderhoef congratulated the Iowa City Kickers for successfully hosting an indoor soccer tournament this past week-end. Council Member Correia wished the West High girls team good luck at the Iowa Basketball Tournament; and Mayor Wilburn congratulated the West High wrestlers on winning the State Wrestling Tournament. Moved by O'Donnell, seconded by Vanderhoef, to adjourn meeting at 9:40 p.m. the Mayor declared the motion carried unanimously, 7/0, all cil C::;~ Ross Wilburn, Mayor 7/~~)~ ~ Man n K. Karr, City Clerk I ~ 1 ~~~;!:-.: ,,---... """'~ ....,..~ CITY OF IOWA CITY~ MEMORANDUM Date: February 20, 2007 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, February 20, 2007, 5:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn Staff: Atkins, Helling, Dilkes, Karr, Franklin, Long, Rackis, Briggs, Trueblood Tapes: 07-20, Both Sides (A complete transcription is available in the City Clerk's Office) HABITAT/HOUSING FELLOWSHIP/OWNER..QCCUPIED (IP2 of 2/15 Info Packet) Mayor Pro tem Bailey presiding. Community Development Coordinator Long and PCD Director Franklin present for discussion. Majority agreed to proceed with consideration of the two non- profit housing proposals for owner occupied homes in Census Tract 18; and requested that staff develop a policy statement for use of fiscal year 2008 funds and schedule at the work session on March 5. (Note: Item has been deferred to March 19 due to agenda time constraints.) STAFF ACTION: Prepare policy statement. (Franklin and Long) Mayor Wilburn now presiding. PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following items: A. CONDITIONALLY REZONING APPROXIMATELY .2 ACRES OF PROPERTY LOCATED WEST OF DIANA STREET AND SOUTH OF KIRKWOOD AVENUE, FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) TO COMMERCIAL OFFICE (CO-1). (REZ06-00027) (Lensing) B. CONDITIONALLY REZONING APPROXIMATELY 1.03-ACRES OF PROPERTY LOCATED AT 1902 & 1906 BROADWAY STREET FROM COMMERCIAL OFFICE (CO-1) TO COMMUNITY COMMERCIAL (CC-2) (REZ06-00028) . C. VACATING A PORTION OF MCLEAN STREET BETWEEN HUTCHINSON AVENUE AND LEXINGTON AVENUE. (VAC06-00006) (PASS AND ADOPT) D. AUTHORIZING CONVEYANCE OF THE PORTION OF MCLEAN STREET LOCATED BETWEEN LEXINGTON AVENUE AND HUTCHINSON AVENUE IN MANVILLE HEIGHTS ADDITION, TO ADJACENT PROPERTY OWNERS. Council Work Session February 20, 2007 Page 2 E. 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. (SECOND CONSIDERATION) F. APPROVING THE EXTRATERRITORIAL PRELIMINARY PLAT OF L YN-DEN HEIGHTS PART III, JOHNSON COUNTY, IOWA. (SUB04-00011). COUNCIL APPOINTMENTS Airport Zoning Board of Adjustment - readvertise; no applicants Airport Zoning Commission - readvertise; no applicants Senior Center Commission - Charles Felling PARKS AND RECREATION MASTER PLAN (IP3 of 2/15 Info Packet) Parks & Recreation Director Trueblood present for discussion. Majority directed staff to proceed, and encouraged input from the youth community. STAFF ACTION: Proceed as outlined, and bring contract back to Council with award recommendation. (Trueblood) AGENDA ITEMS 1. (Consent Calendar # 4f (7) - 523 Church Street ... Volm) In response to Mayor Pro tem Bailey, Ass!. City Manager Helling stated he had been talking with Housing and Inspection Services (HIS) regarding this matter and that conversation should continue. 2. (Consent Calendar # 4f (6) - Snow covered bike racks.... Goetzelman) In response to Mayor Pro tem Bailey, Parks & Rec. Director Trueblood indicated that most bike racks in the downtown area are not the responsibility of the City, rather it is the adjacent business owner. He stated businesses will be notified, but said often they may not have another choice for placement of the snow especially with high accumulated totals. 3. (Agenda item # 8 - Ordinance.... City utilities... deposits to be billed instead of paid in advance...) In response to Mayor Pro tem Bailey, City Atty. Dilkes and Finance Director O'Malley stated a "residential owner account" was an owner occupied structure. 4. Mayor Wilburn stated he had a conflict on March 6 and requested Council consideration of rescheduling the formal meeting (and thus affecting the setting of public hearings on the agenda). After discussion, a majority agreed to reschedule the formal meeting of March 6 to March 5 and adjust the schedule as follows: Special work session at 5:00 PM City Conference Board at 6:30 PM Special Formal at 7:00 PM Council Work Session February 20, 2007 Page 3 COUNCIL TIME 1. Council Member Vanderhoef stated she will pass around some things she collected at the Lobbying roundtable in Des Moines on February 14. SCHEDULE OF PENDING DISCUSSION ITEMS None Meeting adjourned 6:45 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 -2/20/07 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, Vanderhoef, Wilburn. Absent None. Staff members present Atkins, Helling, Dilkes, Karr, Franklin, Okerlund, O'Malley, Fosse, Mansfield. Council minutes tape recorded on Tape 07- 21, Sides 1 & 2. The Mayor proclaimed Special Olympics Month - March 2007, Joyce Rossie accepting. The Mayor delivered the State of the City Message. The Mayor stated the Outstanding Student Citizenship Awards for Regina Elementary students would be deferred to the March 5 meeting due to illness; and welcomed Boy Scout Troop 218, to the Council meeting. 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 29, Special Council Work Session; January 30, Special Council Work Session; February 5, Regular Council Work Session; February 6, Regular Council Formal Official and Complete; February 9, Special Council Work Session. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Public Art Advisory Committee - December 7, 2006; Planning and Zoning Commission - January 18,2007; Historic Preservation Commission - December 14, 2006; Historic Preservation Commission - November 21, 2006; Airport Commission - January 11, 2007. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for Mclnnerney's, 161 Hwy 1 W.Outdoor Service Area for Mclnnerney's, 161 Hwy 1 W. Renewal: Class B Beer Permit for Godfathers Pizza, 531 Hwy 1 W. Class E Liquor License for Hy-Vee Food & Drugstore #1 & Regal Liquor, 1720 Waterfront Dr.; Class E Liquor License for Hy-Vee Food Store #2,812 S First Ave.; Class E Liquor License for Hy-Vee Food Store #3,1201 N. Dodge St. Setting a Public Hearings: RES. 07-41, SETTING A PUBLIC HEARING ON MARCH 5,2007 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2007 SANITARY SEWER REPAIR PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 07-42, SETTING A PUBLIC HEARING ON MARCH 5, 2007 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LOWER WEST BRANCH Official Actions February 20, 2007 Page 2 ROAD - SCOTT BOULEVARD TO TAFT AVENUE IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 07-43, SETTING A PUBLIC HEARING ON MARCH 5,2007 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GILBERT STREET AND PRENTISS/BOWERY STREET INTERSECTION IMPROVEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 07-44, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BY THE CITY OF IOWA CITY WITH WHISPERING GARDEN IHA LIMITED PARTNERSHIP FOR PROPERTY LOCATED AT LOTS 82, 83, 94, 95,162,163,159,160 and 161, WHISPERING MEADOWS SUBDIVISION, PART TWO; RES. 07-45, RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MEMORANDUM OF DEVELOPMENT AGREEMENT FOR THE PROPERTY LOCATED AT 861,901,923,945,1001,1015, 1037, and 1053 CROSS PARK AVENUE (VILLA GARDEN APARTMENTS), IOWA CITY, IOWA; RES. 07-46, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 631 5TH AVENUE, IOWA CITY, IOWA; RES. 07-47, 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 HAYWOOD BELLE, ET AL, AND TENANT TROPICAL CHILL, INC D/B/A BALDY'S WRAPS, FOR A SIDEWALK CAFE; RES. 07-48, 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 KLDP, INC, AND TENANT CHACKALACKAL, INC. D/B/A ONE TWENTY SIX, FOR A SIDEWALK CAFE. Correspondence: Acting Traffic Engineering Planner regarding Installation of (3) Iowa City Transit BUS STOP signs; Acting JCCOG Traffic Engineering Planner regarding Addition of a NO PARKING CORNER TO HERE sign on the north side of F Street at 4th Avenue; Jane Johnson regarding Traffic Issues [staff response included]; Mona Shaw regarding Bridges out of Poverty Workshop [staff response included]; Stephan Marsh regarding Affordable Housing [staff response included); Steve Goetzelman regarding Snow covered bicycle racks [staff response included]; Timothy Volm regarding 523 Church Street [staff response included]; Mary Crooks regarding Free public transportation; John Nieland regarding Task Force; Marlene Tack regarding Northside Marketplace focus group. The Mayor declared the motion carried. A public hearing was held on an ordinance conditionally rezoning approximately .2 acres of property located west of Diana Street and South of Kirkwood Avenue, from Low Density Single-Family Residential (RS-5) to Commercial Office (CO-1) (REZ06-00027). Official Actions February 20, 2007 Page 3 Moved and seconded that the ordinance conditionally rezoning approximately .2 acres of property located west of Diana Street and South of Kirkwood Avenue, from Low Density Single-Family Residential (RS-5) to Commercial Office (CO-1). (REZ06-00027), be given first vote. The Mayor declared the motion carried. A public hearing was held on an ordinance conditionally rezoning approximately 1.03- acres of property located at 1902 & 1906 Broadway Street from Commercial Office (CO-1 ) to Community Commercial (CC-2) (REZ06-00028). The following individuals appeared: Dennis Craven, Vice President of Southgate Development Services; and Garry Klein, 628 2nd Ave. Moved and seconded that the ordinance conditionally rezoning approximately 1.03- acres of property located at 1902 & 1906 Broadway Street from Commercial Office (CO-1) to Community Commercial (CC-2) (REZ06-00028), be given first vote. The Mayor declared the motion carried. Moved and seconded to adopt ORD. 07-4252, VACATING A PORTION OF MCLEAN STREET BETWEEN HUTCHINSON AVENUE AND LEXINGTON AVENUE. (VAC06-00006). A public hearing was held on a resolution authorizing conveyance of the portion of McLean Street located between Lexington Avenue and Hutchinson Avenue in Manville Heights Addition, to adjacent property owners. Moved and seconded to adopt RES. 07-49, AUTHORIZING CONVEYANCE OF THE PORTION OF MCLEAN STREET LOCATED BETWEEN LEXINGTON AVENUE AND HUTCHINSON AVENUE IN MANVILLE HEIGHTS ADDITION, TO ADJACENT PROPERTY OWNERS. 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- 5253, 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 voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopt.ed at this time. Moved and seconded to adopt RES. 07-50, APPROVING THE EXTRATERRITORIAL PRELIMINARY PLAT OF L YN-DEN HEIGHTS PART III, JOHNSON COUNTY, IOWA. A public hearing was held on 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. The following individuals appeared: Jean Walker, 335 Lucon Drive, JC Dog Park Action Committee; Kevin Morrow, Project Manager and Homeowner for the Peninsula, 1327 Foster Rd.; Karen Kubby, 1425 Ridge Street, representing FAIR!; Jim Knapp; Garry Klein, 628 2nd Avenue; and Aleda Feuerbach, 5 Princeton Ct., Pleasant Valley. Moved and seconded to accept correspondence from Carol Thompson, Katie Roche, June Braverman (2), Aleda Kroeze Feuerbach, Rod Sullivan, Petition signed by members of the Peninsula Neighborhood, letter received from the Youth Advisory Commission, and statement read by Jean Walker. The Mayor declared the motion carried. Official Actions February 20, 2007 Page 4 A public hearing was held 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. Moved and seconded that the 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, be given first vote. The Mayor declared the motion carried. A public hearing was held on a resolution approving 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. Moved and seconded to adopt RES. 07-51, APPROVING 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. Moved and seconded to adopt RES. 07-52, ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. Moved and seconded to adopt RES. 07-53, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HDR ENGINEERING, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE A WATER AND SEWER COMPREHENSIVE RATE STUDY. Moved and seconded to adopt RES. 07-54, OPENING CERTAIN CITY PROPERTY TO THE PUBLIC DEDICATING SAID PROPERTY AS PUBLIC RIGHT-OF-WAY AND DESIGNATING SAID PROPERTY AN ALLEY. . Moved and seconded to adopt RES. 07-55, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ACT, INC. TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS-OF- WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. Moved and seconded to adopt RES. 07-56, EXTENDING THE DEER TASK FORCE FOR ONE (1) YEAR AND RESCINDING RESOLUTION NO. 04-225. The following individuals appeared: Task Force Member Peter Jochimsen, 1010 Woodlawn; and Jim Knapp. The Mayor noted the previously announced vacancies to Boards and Commissions: 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. 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. Official Actions February 20, 2007 Page 5 Moved and seconded to appoint Charles Felling, 825 Seventh Avenue, to the Senior Center Commission to fill three-year term January 1,2007 - December 31,2009. 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. [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 9:20 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ross Wilburn, Mayor s/Marian K. Karr, City Cler~ / 7)~ -R. j(avJ Submitt\it for publication - 2/28/07. ~W~ 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 20, 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, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, Okerlund, O'Malley, Fosse, Mansfield. Council minutes tape recorded on Tape 07- 21, Sides 1 & 2. The Mayor proclaimed Special Olympics Month - March 2007, Joyce Rossie accepting. The Mayor delivered the State of the City Message. The Mayor stated the Outstanding Student Citizenship Awards for Regina Elementary students would be deferred to the March 5 meeting due to illness; and welcomed Boy Scout Troop 218, to the Council meeting. Moved by O'Donnell, seconded by Bailey, 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 29, Special Council Work Session; January 30, Special Council Work Session; February 5, Regular Council Work Session; February 6, Regular Council Formal Official and Complete; February 9, Special Council Work Session. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Public Art Advisory Committee - December 7,2006; Planning and Zoning Commission - January 18,2007; Historic Preservation Commission - December 14, 2006; Historic Preservation Commission - November 21, 2006; Airport Commission - January 11, 2007. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for LPS Kantaphone, Inc, dba Mclnnerney's, 161 Hwy 1 W.Outdoor Service Area for LPS Kantaphone, Inc, dba Mclnnerney's, 161 Hwy 1 W. Renewal: Class B Beer Permit for Stuff Corporation dba Godfathers Pizza, 531 Hwy 1 W. Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Food & Drugstore #1 & Regal Liquor, 1720 Waterfront Dr.; Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Food Store #2,812 S First Ave.; Class E Liquor License for Hy-Vee, Inc., dba Hy-Vee Food Store #3,1201 N. Dodge St. Setting a Public Hearings: RES. 07-41, SETTING A PUBLIC HEARING ON MARCH 5, 2007 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2007 SANITARY SEWER REPAIR PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 07-42, SETTING A PUBLIC HEARING ON MARCH 5, 2007 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LOWER WEST BRANCH ~-~--_.,_._---_._~---_.,--_._.._._------,._._-,--,._,-.._..-_.-------_._----~._-~---"-"-_._.._._--- Complete Description February 20, 2007 Page 2 ROAD - SCOTT BOULEVARD TO TAFT AVENUE IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; RES. 07-43, SETTING A PUBLIC HEARING ON MARCH 5, 2007 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GILBERT STREET AND PRENTISS/BOWERY STREET INTERSECTION IMPROVEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 07-44, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BY THE CITY OF IOWA CITY WITH WHISPERING GARDEN IHA LIMITED PARTNERSHIP FOR PROPERTY LOCATED AT LOTS 82, 83, 94, 95,162,163, 159, 160 and 161, WHISPERING MEADOWS SUBDIVISION, PART TWO: RES. 07-45, RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MEMORANDUM OF DEVELOPMENT AGREEMENT FOR THE PROPERTY LOCATED AT 861,901,923,945, 1001, 1015, 1037, and 1053 CROSS PARK AVENUE (VILLA GARDEN APARTMENTS), IOWA CITY, IOWA; RES. 07-46, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 631 5TH AVENUE, IOWA CITY, IOWA; RES. 07-47, 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 HAYWOOD BELLE, ET AL, AND TENANT TROPICAL CHILL, INC D/B/A BALDY'S WRAPS, FOR A SIDEWALK CAFE; RES. 07-48, 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 KLDP, INC, AND TENANT CHACKALACKAL, INC. D/B/A ONE TWENTY SIX, FOR A SIDEWALK CAFE. Correspondence: Acting Traffic Engineering Planner regarding Installation of (3) Iowa City Transit BUS STOP signs; Acting JCCOG Traffic Engineering Planner regarding Addition of a NO PARKING CORNER TO HERE sign on the north side of F Street at 4th Avenue; Jane Johnson regarding Traffic Issues [staff response included]; Mona Shaw regarding Bridges out of Poverty Workshop [staff response included]; Stephan Marsh regarding Affordable Housing [staff response included]; Steve Goetzelman regarding Snow covered bicycle racks [staff response included]; Timothy Volm regarding 523 Church Street [staff response included]; Mary Crooks regarding Free public transportation; John Nieland regarding Task Force; Marlene Tack regarding Northside Marketplace focus group. Mayor Pro tem Bailey noted that all public hearings were set for March 5 due to the change in Council meeting schedule. 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 conditionally rezoning approximately .2 acres of property located west of Diana Street and South of Kirkwood Avenue, from Low Complete Description February 20, 2007 Page 3 Density Single-Family Residential (RS-5) to Commercial Office (CO-1) (REZ06-00027) (Lensing). No one appeared. Moved by Bailey, seconded by O'Donnell, that the ordinance conditionally rezoning approximately .2 acres of property located west of Diana Street and South of Kirkwood Avenue, from Low Density Single-Family Residential (RS-5) to Commercial Office (CO-1). (REZ06-00027) (Lensing), 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 conditionally rezoning approximately 1.03- acres of property located at 1902 & 1906 Broadway Street from Commercial Office (CO-1) to Community Commercial (CC-2) (REZ06-00028). The following individuals appeared: Dennis Craven, Vice President of Southgate Development Services; and Garry Klein, 628 2nd Ave. PCD Director Franklin present for discussion. Individual Council Members expressed their views. Moved by Champion, seconded by O'Donnell, that the ordinance conditionally rezoning approximately 1.03-acres of property located at 1902 & 1906 Broadway Street from Commercial Office (CO-1) to Community Commercial (CC-2) (REZ06-00028), be given first vote. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Champion, Elliott, O'Donnell, Vanderhoef, Wilburn. Nays: Correia, Bailey. Absent: None. Moved by Vanderhoef, seconded by Bailey, to adopt ORD. 07-4252, VACATING A PORTION OF MCLEAN STREET BETWEEN HUTCHINSON AVENUE AND LEXINGTON AVENUE. (VAC06-00006). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. A public hearing was held on a resolution authorizing conveyance of the portion of McLean Street located between Lexington Avenue and Hutchinson Avenue in Manville Heights Addition, to adjacent property owners. No one appeared. Moved by O'Donnell, seconded by Champion, to adopt RES. 07-49, AUTHORIZING CONVEYANCE OF THE PORTION OF MCLEAN STREET LOCATED BETWEEN LEXINGTON AVENUE AND HUTCHINSON AVENUE IN MANVILLE HEIGHTS ADDITION, TO ADJACENT PROPERTY OWNERS. 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, 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. 07-5253, 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 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 O'Donnell, 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. Complete Description February 20, 2007 Page 4 Moved by Champion, seconded by Vanderhoef, to adopt RES. 07-50, APPROVING THE EXTRATERRITORIAL PRELIMINARY PLAT OF L YN-DEN HEIGHTS PART III, JOHNSON COUNTY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on 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. The following individuals appeared: Jean Walker, 335 Lucon Drive, JC Dog Park Action Committee; Kevin Morrow, Project Manager and Homeowner for the Peninsula, 1327 Foster Rd.; Karen Kubby, 1425 Ridge Street, representing FAIR!; Jim Knapp; Garry Klein, 628 2nd Avenue; and Aleda Feuerbach, 5 Princeton Ct., Pleasant Valley. Moved by Champion, seconded by Vanderhoef, to accept correspondence from Carol Thompson, Katie Roche, June Braverman (2), Aleda Kroeze Feuerbach, Rod Sullivan, Petition signed by members of the Peninsula Neighborhood, letter received from the Youth Advisory Commission, and statement read by Jean Walker. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held 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. No one appeared. Moved by Bailey, seconded by Vanderhoef, that the 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, 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 a resolution approving 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. No one appeared. Moved by Bailey, seconded by Correia, to adopt RES. 07-51, APPROVING 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. 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 O'Donnell, seconded by Bailey, to adopt RES. 07-52, ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Bailey, to adopt RES. 07-53, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HDR ENGINEERING, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE A Complete Description February 20, 2007 Page 5 WATER AND SEWER COMPREHENSIVE RATE STUDY. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Correia, to adopt RES. 07-54, OPENING CERTAIN CITY PROPERTY TO THE PUBLIC DEDICATING SAID PROPERTY AS PUBLIC RIGHT- OF-WAY AND DESIGNATING SAID PROPERTY AN AllEY. Public Works Director Fosse present for discussion. 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 Champion, to adopt RES. 07-55, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ACT, INC. TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS-OF-WAY FOR THE INSTAllATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. Public Works Director Fosse present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Champion, to adopt RES. 07-56, EXTENDING THE DEER TASK FORCE FOR ONE (1) YEAR AND RESCINDING RESOLUTION NO. 04-225. The following individuals appeared: Task Force Member Peter Jochimsen, 1010 Woodlawn; and Jim Knapp. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Bailey, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Nays: Champion. Absent: None. The Mayor noted the previously announced vacancies to Boards and Commissions: 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. 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. Moved by Bailey, seconded by Vanderhoef, to appoint Charles Felling, 825 Seventh Avenue, to the Senior Center Commission to fill three-year term January 1, 2007 - December 31,2009. 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. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council Member Correia reminded citizens of the tax preparation clinic being conducted throughout the County; alerted citizens to a discussion being hosted by the School of Journalism and Mass Communication, the African-American Council, the Office of Equal Opportunity and Diversity on February 23 "Respectful Communities Project - Mirrors of Privilege, Making Whiteness Count"; and noted the article in the Daily Iowan on the efforts to change state law regarding landlords withholding tenants deposits for unfounded reasons. Complete Description February 20, 2007 Page 6 Council Member Vanderhoef reported on the League of Iowa Cities hosting legislative day at the State Capitol on February 14, and offered ideas shared by other cities that had displays in the Rotunda that day. Mayor Pro tem Bailey shared a complaint she received from an Ecumenical Towers residents regarding snow removal in the downtown area, and encouraged businesses to remove snow in front of their businesses; said she noticed more delivery trucks parking again in the middle of the streets downtown, even with the loading zones plowed and open; reported she had received a number of favorable comments from individuals on the CIP budget work session; congratulated Council Member Vanderhoef on being named the Chair for the Transportation Infrastructure and Service Policy and Advocacy Committee for the National League of Cities; and reported on the Corridor lobbying trip to Washington, DC, Mayor Wilburn, Economic Development Coordinator Ford and she attended. Mayor Wilburn thanked all elected officials and members of the Chamber of Commerce who attended the Corridor lobbying trip to Washington, DC, and stated he felt it was a very productive trip and was pleasantly surprised on funding possibilities especially interest in the First Avenue Railroad Separation Project. In response to City Manager Atkins, the Council agreed to schedule work session discussion of the neighborhood council letter regarding playground equipment. City Atty. Dilkes reminded Council of the importance of waiting to hear concerns and questions during the public hearing, noting the Broadway street project earlier in the evening as an example Moved by Bailey, seconded by Vanderhoef, to adjourn meeting at 9:20 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ross Wilburn, Mayor Marian K. Karr, City Clerk