Loading...
HomeMy WebLinkAbout2007-03-20 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 20, 2007 Iowa City City Council regular meeting, 7:00 p.m. at City Hall. Mayor Wilburn presiding. Council Members present: Bailey, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: Champion. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, Knoche. Council minutes tape recorded on Tape 07-28, Both Sides. The Mayor proclaimed Dance Festival Week April 8-15, 2007, Nora Garda accepting. 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: March 5, Special Council Work Session, March 5, Special Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Public Library Board of Trustees - January 25, 2007; Planning and Zoning Commission - February 15, 2007; Board of Appeals - February 5, 2007; Airport Commission - February 8,2007; Police Citizens Review Board - February 22,2007. Permit Motions and Resolutions as recommended by the City Clerk. New: Class B Beer Permit for La Reyna, Inc., dba La Reyna, 1937 Keokuk St. Renewal: Class C Beer Permit for La Reyna, Inc., dba La Reyna, 1937 Keokuk St.; Class C Liquor License for Iowa City Lodge #590 B.P.O. Elks of U. S. A., dba B.P.O. Elks #590,637 Foster Rd.; Class C Liquor License for First Avenue Club, Inc., dba First Avenue Club, 1550 First Ave.; Class C Liquor License for Iowa City Eastside Cafe, Inc., dba Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St.; Outdoor Service Area for Iowa City Eastside Cafe, Inc., dba Bob's Your Uncle Pizza Cafe, 2208 N. Dodge St.; Special Class C Liquor License for Oyama Sushi, Inc., dba Oyama Sushi Japanese Restaurant, 1853 Lower Muscatine Rd.; Class C Liquor License for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St.; Outdoor Service Area for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St.; Special Class C Liquor License for Freshmex Iowa City, LLC, dba Panchero's Mexican Grill, 965 S. Riverside Dr.; RES. 07-75, TO ISSUE DANCE PERMIT to First Avenue Club, Inc., dba First Avenue Club, 1550 First Ave. Motions: Approve disbursements in the amount of $6,679,667.64 for the period of February 1 through February 28,2007, as recommended by the Finance Director subject to audit. Setting a Public Hearing: RES. 07-76, SETTING A PUBLIC HEARING ON APRIL 3,2007 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NEWTON ROAD WATER MAIN REPLACEMENT 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. 07-77, SETTING A PUBLIC Complete Description March 20, 2007 Page 2 HEARING ON APRIL 3, 2007 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2007 PAVEMENT REPLACEMENT FOR WATER MAIN 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. 07-78, NAMING DEPOSITORIES; RES. 07-79, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE PROPERTY LOCATED AT 1029 BOWERY STREET, IOWA CITY, IOWA; RES. 07-80, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE, AND FOUR MORTGAGES FOR PROPERTY LOCATED AT 813 RONALDS STREET, IOWA CITY, IOWA; RES. 07-81, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1409 YEWELL STREET, IOWA CITY, IOWA; RES. 07-82, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR PROPERTY LOCATED AT 1713 WILSON STREET, IOWA CITY, IOWA; RES. 07-83, 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 MOKA JAVA LLC, AND TENANT IOWA CITY COFFEE COMPANY D/B/A JAVA HOUSE, FOR A SIDEWALK CAFE; RES. 07-84, 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 MOKA JAVA LLC, AND TENANT LUSATI, INC D/B/A QUINTON'S BAR & DELI, FOR A SIDEWALK CAFE; RES. 07-85, ACCEPTING THE WORK FOR THE CAMP CARDINAL ROAD EXTENSION PROJECT - 2005. RES. 07-86, ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY DELI MART #5; RES. 07-87, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM JOHN'S GROCERY; RES. 07-88, ACCEPTING A WAIVER OF RIGHT TO HEARING, SERVICE OF A THIRTY (30) DAY PERMIT SUSPENSION AND PAYMENT OF A $1500 CIVIL PENALTY FROM HARTIG DRUG COMPANY D/B/A HARTIG DRUG STORE. Correspondence: Acting Traffic Engineering Planner regarding Installation of NO PARKING 8AM-5PM Monday-Friday on the east side of Meadow Ridge Lane; Memorandum from the Acting Traffic Engineering Planner regarding Installation of taxicab stands on Iowa Avenue and Washington Street in the Central Business District (memo in info packet); Traffic Engineering Planner regarding Removal of HANDICAP PARKING in the 800 block of 3rd Avenue; Russell Haught regarding MidAmerican Energy franchise; Oliva Smith regarding USDA-Farmers Market Promotion Program; David Thompson regarding Petition [staff response included]; Carol Thompson regarding Senior Center; Anne Wallace regarding Use of website for political purposes [Staff response included]. Complete Description March 20, 2007 Page 3 Affirmative roll call vote unanimous, 6/0, Champion absent. Mayor Wilburn repeated public hearings as set. The Mayor declared the motion carried. A public hearing was held on Items 5a and 5b, a resolution amending the Comprehensive Plan, South Central District Plan, to outline commercial development scenarios for Ruppert Road and an ordinance rezoning approximately 12 acres of located on Ruppert Road west of Riverside Drive from Community Commercial (CC-2) Zone to Intensive Commercial (CI-1) (REZ07-00001). PCD Director Franklin presented information. Individual Council Members expressed their views. Moved by O'Donnell, seconded by Bailey, to adopt RES. 07-89, AMENDING THE COMPREHENSIVE PLAN, SOUTH CENTRAL DISTRICT PLAN, TO OUTLINE COMMERCIAL DEVELOPMENT SCENARIOS FOR RUPPERT ROAD. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the resolution adopted. Moved by Bailey, seconded by O'Donnell, that the ordinance rezoning approximately 12 acres of located on Ruppert Road west of Riverside Drive from Community Commercial (CC- 2) Zone to Intensive Commercial (CI-1) (REZ07-00001) be given first vote. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the motion carried. Moved by Bailey, seconded by Correia, that ordinance ORD. 07-4254, 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 passed and adopted. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the ordinance adopted. Moved by O'Donnell, seconded by Vanderhoef, that ORD. 07-4255, 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 passed and adopted. The Mayor requested Council Members disclose ex parte communications. Individual Council Members shared information. The Mayor declared the ordinance adopted, 4/2, with the following division of roll call vote. Ayes: Elliott, O'Donnell, Vanderhoef, Wilburn. Nays: Bailey, Correia. Absent: Champion. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Carl Beyerhelm. The Mayor declared the motion carried unanimously, 6/0, Champion absent. Moved by Vanderhoef, seconded by Correia, to adopt RES. 07-90, APPROVING THE PRELIMINARY PLAT FOR MOUNT PROSPECT ADDITION, PART IX, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Correia, to accept a petition signed by 23 individuals. The Mayor declared the motion carried unanimously, 6/0, Champion absent. Moved by Vanderhoef, seconded by Bailey, to defer to April 3 a 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, 6/0, Champion absent. A public hearing was held on an ordinance amending Title 3, entitled "City Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the City Code to increase or change certain Solid Waste charges. No one appeared. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance amending Title 3, entitled "City Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Complete Description March 20, 2007 Page 4 Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the City Code to increase or change certain Solid Waste Charges, be given first vote. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 07-91, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM GASBY'S. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the resolution adopted. A hearing was held on a resolution assessing a $300.00 Civil Penalty against The Convenience Store, pursuant to Iowa Code Section 453A.22(2) (2005). Johnson County Asst. Attorney Scott Finlayson present. Moved by Vanderhoef, seconded by Correia, to adopt RES. 07-92, ASSESSING A $300.00 CIVIL PENALTY AGAINST THE CONVENIENCE STORE. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Vanderhoef, that ORD. 07-4256, 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 passed and adopted. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the ordinance adopted. Moved by Elliott, seconded by Bailey, to defer to April 3 a resolution authorizing the Mayor to sign and the City Clerk to attest an Iowa Department of Transportation Funding Agreement for the Dubuque Street & Church Street intersection improvements project STP- U-3715(632)--70-52. The following individuals appeared: Joni Kinsey Fields, 325 Brown St.; Michael Wright, North side Neighborhood Association Chair, 225 N. Lucas St.; and Paula Brandt, 824 N. Gilbert St. City Engr. Knoche present for discussion. The Mayor declared the motion carried unanimously, 6/0, Champion absent. Moved by Bailey, seconded by Vanderhoef, to accept correspondence from Eric Gidal, Craig Kletzing, Joni Kinsey Fields and Wayne and Ellen Fields, Perry Howell, Judith Pascoe, Barbara Eckstein, Ed Romano, Pamela Bulmahn, Wally Plahutnik, Claire Sponsler, Karen Farris, Mark Ruggeberg and Bob Brooks, Chrissy Harapat, Timothy Holman. The Mayor declared the motion carried unanimously, 6/0, Champion absent. Moved by Bailey, seconded by Correia, to adopt RES. 07-93, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND NNW, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE FIRST AVENUE / IOWA INTERSTATE RAILROAD CROSSING IMPROVEMENTS PROJECT. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies to Boards and Commissions: Historic Preservation Commission for one (1) Summit St. District Rep, to fill three year terms March 29, 2007 - March 29, 2010; Applications must be received by 5:00 p.m., Wednesday, March 28, 2007; 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. Complete Description March 20, 2007 Page 5 The Mayor announced the current vacancy on the Telecommunications Commission to fill a three year term March 13, 2007 - March 13, 2010. Applications must be received by 5:00 p.m., Wednesday, April 25, 2007. Moved by Vanderhoef, seconded by O'Donnell, to re-appoint Elizabeth Koppes, 1528 California Avenue, to the Planning & Zoning Commission to fill a five year term May 1, 2007 - May 1, 2012 and to accept correspondence from Alicia Trimble confirming her March 5 appointment to the Historic Preservation Commission. The Mayor declared the motion carried unanimously, 6/0, Champion absent. 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 O'Donnell encouraged bicycle riders to wear light colored clothing and have lights on their bikes. Mayor Wilburn noted a request from Eric Wright a few weeks earlier to participate in a United Nations Association forum on global warming either April 18 or April 19, and stated he was not available. Asst. City Mgr. Helling will communicate the availability of Mayor Pro tem Bailey on April 19 to Mr. Wright. Moved by O'Donnell, seconded by Elliott, to adjourn meeting at 8:20 p.m. The Mayor declared the motion carried unanimously, 6/0, Champion absent. G4 CJ:Qk Ross Wilburn, Mayor ~~~ ~ ~Ad Man n K. Karr, City Clerk I ~ 1 -....= -~ t~~W;!:'t ~... ..DII.'- ....,..~ NrrMOc5 RA'N^o u M 03-20-07 3a(1 ) Date: March 5, 2007 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, March 5, 2007, 5:00 PM in Emma J. Harvat Hall Council: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn Staff: Atkins, Helling, Dilkes, Karr, Franklin, Johnson Tapes: 07-22, Both Sides. (A complete transcription is available in the City Clerk's Office) AGENDA ORDER CHANGE Mayor Wilburn indicated that with the approval of Council he would suggest two changes to the agenda. First, since Police Cap!. Johnson was present for item 11 that would be discussed first; and secondly, the City Attorney memo (IP2 of 3/1 Info Packet) regarding rezonings, due process and ex parte communications should be discussed prior to Planning and Zoning items. Majority of Council agreed to the changes. AGENDA ITEMS 1. (Agenda item # 11 - Ordinance.... "Begging" to prohibit soliciting from an occupant of a vehicle from the public right-of-way) Police Cap!. Johnson present for discussion. REZONINGS. DUE PROCESS. AND EX PARTE COMMUNICATION (IP2 of 3/1 Info Packet) City Atty. Dilkes summarized her memo and responded to questions. Majority of Council agreed to proceed as outlined in the City Atty. Dilkes' memo and schedule staff presentations of rezonings and questions for staff at the public hearing rather than the work session; and discuss only Planning & Zoning items E and F. STAFF ACTION: Work session and formal agendas will indicate specific Planning and Zoning items to be discussed at the appropriate meeting in light of memo and Council agreement. PLANNING & ZONING ITEMS As a result of the previous discussion item, PCD Director Franklin presented information on items E and F only. Council Work Session March 5, 2007 Page 2 E. APPROVING A PRELIMINARY AND FINAL PLAT OF OLOE TOWNE VILLAGE PART 2. (SUB07- 00002/SUB07-o0003) F. APPROVING A FINAL PLAT OF FIRST AMERICAN BANK ADDITION, A RESUBDIVISION OF LOT 2 OF RUPPERT HILLS, IOWA CITY, IOWA. (SUB06-o0021) PCD Dir. Franklin indicated the applicant had requested deferral to the March 20 meeting. AGENDA ITEMS (continued) 2. (Agenda Item # 16 - Resolution adopting annual budget for human services.... And agenda item # 17 - Resolution allocating the human services... .funding) In response to Council Member Vanderhoef, the City Manager stated that one resolution adopts the budget and the other allocates the amounts. Council Members Correia, Bailey and Vanderhoef noted that the attachment had not been updated Shelter House funding and indicated they would be amending it on the floor to reflect the change. COUNCIL APPOINTMENTS Airport Commission - Reappoint Greg Farris Historic Preservation (At Large) - Appoint Alicia Trimble Historic Preservation (Brown St District Rep) - Reappoint James Ponto Historic Preservation (Summit St District Rep) - No applicants; Readvertise COUNCIL TIME None SCHEDULE OF PENDING DISCUSSION ITEMS None Meeting adjourned 6:20 PM. 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/K/A 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, 7/0, 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, 7/0, 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, 7/0, 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, 7/0, 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 / 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 Council Members present. Ross Wilburn, Mayor Marian K. Karr, City Clerk c;r] 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 - 3/5/07 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 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 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: 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 Donnelly's Pub, 110 E. College St.; Class C Liquor License for Graze, 115 E. College St. Renewal: Class C Liquor License for Okoboji Grill, 1857 Lower Muscatine Rd.; Special Class C Liquor License for 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 & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, Official Actions March 5, 2007 Page 2 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/K1A 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] 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 and seconded 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. Moved and seconded 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. 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 second vote. The Mayor declared the motion carried. 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 second vote. The following individuals appeared: Jerry Anthony, 713 Eastmoor Drive; and Glenn Siders, Southgate Development. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Ben and Katie Voss. The Mayor declared the motion carried. Official Actions March 5, 2007 Page 3 Moved and seconded to adopt RES. 07-61, APPROVING A PRELIMINARY AND FINAL PLAT OF OLDE TOWNE VILLAGE, PART 2, IOWA CITY, IOWA. Moved and seconded 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. 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. Moved and seconded 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. 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. Moved and seconded 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. 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. Correspondence received from Mary Bennett. Moved and seconded 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. 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 second vote. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the ordinance Official Actions March 5, 2007 Page 4 defeated. Moved and seconded to accept correspondence from Michael Crane and Garry Klein (2). The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded to adopt RES. 07-66, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE MCCOLLISTER BOULEVARD PAVING AND IOWA RIVER BRIDGE PROJECT. Moved and seconded to adopt RES. 07-67, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE 2007 SADDLE REPLACEMENT PROJECT. Moved and seconded to adopt RES. 07-68, ADOPTING THE ANNUAL BUDGET EXCLUDING HUMAN SERVICES AID TO AGENCIES FOR THE FISCAL YEAR ENDING JUNE 30, 2008. Correspondence was received from Mary Bennett. Mayor Wilburn abstained from the next two items due to a conflict of interest. Mayor Pro tem Bailey presiding. Moved and seconded to adopt RES. 07-69, ADOPTING THE ANNUAL BUDGET FOR HUMAN SERVICES AID TO AGENCIES FOR THE FISCAL YEAR ENDING JUNE 30, 2008. Moved and seconded 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. Mayor Wilburn returned to the meeting and is now presiding. Moved and seconded 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 and seconded to remove the Gilbert Street / Highway 6 Project from the Capital Improvements Plan and vote on it separately. The Mayor declared the motion to amend carried. Moved and seconded to separate the Financial Plan from the Capital Improvements Program and vote on them separately. The Mayor declared the motion to amend carried. Moved and seconded to adopt RES. 70-71, APPROVING THE FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, FOR FISCAL YEARS 2008 THROUGH 2010. Moved and seconded 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. Moved and seconded 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. Moved and seconded to adopt RES. 07-74, ALLOCATING THE COMMUNITY EVENTS AND PROGRAM FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2008. 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 March 5, 2007 Page 5 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 and seconded to accept correspondence from Charles Felling. The Mayor declared the motion carried. Moved and seconded 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. 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.] Moved and seconded to adjourn meeting at 9:40 p.m. the Mayor declared the motion carried. A more complete description of Council activities and disbursements is on file in the office of the City Clerk and Finance Department. s/Ross Wilburn, Mayor s/Marian K. Karr, City 9!flr.1J / 7Jl~# ?f'. 7('~ Submitted for publication - 3/13/06. ~