Loading...
HomeMy WebLinkAbout2004-02-17 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES FEBRUARY 17, 2004 Iowa City City Council regular meeting 7:00 p.m. at City Hall. Mayor Pro tem Wilburn presiding. Council Members present: Bailey, Champion, Elliott, O'Donnell, Vanderhoef, Wilburn. Absent: Lehman. Staff Members present: Atkins, Helling, Dilkes, Karr, Franklin, Slutts, Fosse, Boelk, Dulek, O'Malley, Bradbury. Council minutes tape recorded on Tape 04-21, Both Sides. The Mayor Pro rem proclaimed: March Special Olympics Month, Joyce Rosie, Member of Board of Director's accepting along with Special Olympians Jared Countryman, Chris Hartgrave, Richard Huffman, Charlie Thompson, Brandon Clark, Gary Anderson, Derick Hotka, Eliana Fieldman, and Coach John Meskimen; March Red Cross Month, Dr. Kim Johnson, Board Member accepting. The Mayor Pro tem presented Outstanding Student Citizenship Awards to Regina Elementary students: Tom Harney, John Crompton, Kristen Gaffey. Dan Lovett, Vice President of H.R. Green Company, presented framed aerial picture of the new City Water Plant to the City as a token of appreciation; Mid American Energy Manager of Energy Efficiency Rick Leuthauser presented a rebate check of $113,713 to the City for installation of high- efficient equipment at the water treatment plant. Kevin Slutts, Assistant Water Superintendent, thanked Mid American for alerting the City to the rebates and their assistance throughout the project. Moved by Vanderhoef, seconded by Bailey, that the following items and recommendations in the Consent Calendar be received and or approved, and/or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk. January 27 Special Council Work Session; February 2, Regular Council Work Session; February 2, Special Council Formal Official and Complete; February 3, Regular Council Formal Official and Complete; February 5, Special Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action). Iowa City Public Library: December 18, 2003; Public Art Advisory Committee: January 8, 2004; Police Citizens Review Board: January 13, 2004. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Class C Liquor License for R.T. Grunts, Inc., dba R.T.'s, 826 S. Clinton St. Outdoor Service Area for R.T. Grunts, Inc., dba R.T.'s, 826 S. Clinton St. Class C Liquor License for El Ranchero, Inc., dba El Ranchero Mexican Restaurant, 21 Sturgis Corner Dr. Special Class C Liquor License for EKSY, Ltd., dba Seoul Garden, 415 S. Gilbert St. Special Class C Liquor License for Devotay, Inc., dba Devotay, 117 N. Linn St. Class B Beer Permit for Stuff Corp., dba Godfather's Pizza, 531 Hwy 1 West. Class C Beer Permit for Fareway Stores, Inc., dba Fareway Stores, Inc. #034, 2765 Commerce Dr. 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 #3, 1201 N. Dodge St. Special Class C Liquor License for Chansy Keomanivong dba Thai Spice Restaurant, 1210 S. Gilbert St. RES. 04-37, TO ISSUE DANCE PERMIT to R.T. Grunts, Inc., dba R.T.'s, 826 S. Clinton St. Motions: approve disbursements in the amount of $10,236,084.27 for the period of December 1 through December 31, 2003, as recommended by the Finance Director subject to audit. Setting Public Hearings: RES. 04-38, SETTING A PUBLIC HEARING for March 2, 2004, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2004 ASPHALT RESURFACING PROJECT, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING Complete Description February 17, 2004 Page 2 THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 04-39, AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE A PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE SOUTH GILBERT STREET IMPROVEMENTS PROJECT, NAPOLEON LANE TO CITY LIMITS AND TO ACQUIRE PROPERTY FOR THE PROJECT; AND SETTING DATE OF PUBLIC HEARING for April 6, 2004. Set a public hearing on March 16, 2004, on the City of Iowa City FY2005 Iowa Department of Transportation Consolidated Transit Funding application and authorizing the publication of a notice of said hearing. Resolutions: RES. 04-40, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, THE MOEN GROUP AND TERRAPIN BREWERY, INC. D/B/A TERRAPIN COFFEE IOWA CITY FOR A SIDEWALK CAFe:. RES. 04-41, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETVVEEN THE CITY OF IOWA CITY, LANDOWNER BILL MILHALOPOULAS, AND ATLAS WORLD GRILL INC., d/b/a ATLAS WORLD GRILL, FOR A SIDEWALK CAFe: RES. 04-42, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER 120 BUILDING CO. L.L.P., AND VITO'S OF IOWA CITY, INC. d/b/a VITO'S, FOR A SIDEWALK CAFe:. RES. 04-43, ACCEPTING THE WORK FOR THE ANIMAL SHELTER HVAC PROJECT: PHASE II. RES. 04-44, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 716 NORTH DUBUQUE STREET, IOWA CITY, IOWA. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of NO PARKING BETWEEN SIGNS with arrow signs in the 1000 block of E. Bloomington Street; Don Sanders regarding Budget Observations; Sonia Ettinger regarding Iowa City Public Library/Planning Commission; Safe Zone for Kids: Kyle Bingham, Stephanie Peck; Riverside Theatre/City Park: Terry Dunlap, Marianne K. Michael; Jean Tack regarding Heritage Manor Apartments; Snow removal: Bev Platz[staff response included], Stephen J. Radosevich; Jay and Mary Honeck, Alexis Park Inn & Suites regarding Excess Noise by City Equipment and Personnel; Tom Schnell regarding Airport Commission Meeting; Glenn R. Siders regarding Compliments to Council Regarding Sandhill Estates; Marty Cutter, Don W. Maniccia; HACAP: HACAP withdrawal of the FY-05 Funding Request; Tim Fitzgerald regarding Abandoned Car Shop. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tern declared the motion carried. A public hearing was held amending the zoning code regarding requirements for Religious Institutions in the Commercial Office (C0-1) Zone (The Church of Iowa City). No one appeared. Moved by O'Donnell, seconded by Champion, that the ordinance amending the zoning code regarding requirements for Religious Institutions in the Commercial Office (CO-1) (The Church of Iowa City), be given first vote. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tern declared the motion carried. Moved by Champion, seconded by Vanderhoef, that the ordinance rezoning approximately 1.26-acres of property from Central Business Support Zone (CB-5) to Public/Central Business Support Zone (P/CB-5) for the east half of Block 102, except the 301 South Dubuque Street property (Court Street Transportation Center), be given second vote. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tern declared the motion carried. Complete Description February 17, 2004 Page 3 Moved by O'Donnell, seconded by Bailey, that the ordinance vacating a portion of the right-of- way located adjacent to 425 Beldon Avenue, be given second vote. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tem declared the motion carried. Moved by Champion, seconded by Vanderhoef, that ORD. 04-4111, REZONING APPROXIMATELY 26.98 ACRES FROM HIGHWAY COMMERCIAL, CH-l, TO SENSITIVE AREAS OVERLAY, SAO/CH-1, FOR PROPERTY LOCATED WEST OF MORMON TREK BOULEVARD AND SOUTH OF HIGHWAY 1 (J JR Davis Addition), be passed and adopted. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tern declared the ordinance adopted. Moved by Vanderhoef, seconded by Champion, to adopt RES. 04-45, APPROVING THE PRELIMINARY PLAT OF J JR DAVIS ADDITION, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tern declared the resolution adopted. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 04-46, APPROVING THE PRELIMINARY PLAT OF SANDHILL ESTATES, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tern declared the resolution adopted. A public hearing was held on conveyance of a single family home located at 1927 Grantwood Street to a Public Housing Program Tenant. No one appeared. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 04-47, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1927 GRANTWOOD STREET TO A PUBLIC HOUSING PROGRAM TENANT. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tern declared the resolution adopted. A public hearing was held on conveyance of the west one-half of a twenty foot wide by eighty foot long vacated portion of the alley located between Lots 4 and 5, Block 15, County Seat Addition, adjacent to 729 South Capitol Street, to Eagle View Properties, LLC. No one appeared. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 04-48, AUTHORIZING CONVEYANCE OF THE WEST ONE-HALF OF A TWENTY FOOT WIDE BY EIGHTY FOOT LONG VACATED PORTION OF THE ALLEY LOCATED BETWEEN LOTS 4 AND 5, BLOCK 15, COUNTY SEAT ADDITION, ADJACENT TO 729 SOUTH CAPITOL STREET, TO EAGLE VIEW PROPERTIES, LLC. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tem declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance amending Title 10 of the City Code, entitled "Use of Public Ways and Property," to create a uniform permitting process, to establish requirements for the Farmers Market, to provide for the noncommercial placement of objects in City Plaza on a temporary basis, to modify the provision on residential picketing, to clarify the current provisions regulating mobile vendors and ambulatory vendors, to codify specific administrative rules affecting said vendors, and to make additional nonsubstantive changes, be given second vote. Individual Council Members expressed their view. City Atty. Dilkes to questions. Moved by Champion, seconded by Bailey, to amend the ordinance to delete language that requires as part of the application that you include the names of the entertainers or speakers. The Mayor Pro tern declared the motion to amend carried, 5/1, with the Tollowing show of hands: Ayes: Bailey, Champion, Elliott, O'Donnell, Wilburn. Nays: Vanderhoef. Absent: Lehman. Caroline Dieterle appeared. After discussion, original motion for second consideration withdrawn. Moved by Champion, seconded by Elliott, that the amended ordinance be given first vote. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tern declared the motion carried. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 04-49, SETI'ING A PUBLIC HEARING FOR MARCH 2, 2004 ON A revised ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4, AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, "CITY UTILITIES," ARTICLE A, "GENERAL PROVISIONS," SECTION 14-3A-2, "DEFINITIONS," AND SECTION 14-3A-4, "RATES AND CHARGES FOR CITY UTILITIES" AND; AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, "CITY UTILITIES," TO CREATE A STORMWATER UTILITY AND ESTABLISH A STORMWATER Complete Description February 17, 2004 Page 4 UTILITY FEE. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tem declared the resolution adopted. Moved by Vanderhoef, seconded by Bailey, to defer to March 2 the ordinance amending Title 3 entitled "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties"; amending Title 14 entitled "Unified Development Code," Chapter 3, "City Utilities," Article A, "General Provisions," Section 14-3A-2, "Definitions," and Section 14-3A-4, "Rates and Charges for City Utilities: and; amending Title 14 entitled "Unified Development Code," Chapter 3, "City Utilities, Article G, "Stormwater Collection, Discharge and Runoff," to create a Stormwater Utility and establish a Stormwater Utility Fee. The Mayor Pro tern declared the motion carried unanimously, 6/0, Lehman absent. Moved by Vanderhoef, seconded by Champion, to adopt RES. 04-50, AMENDING THE BUDGETED POSITIONS IN THE PARKING DIVISION OF THE PARKING AND TRANSIT DEPARTMENT BY ADDING ONE HALF-TIME AND ONE THREE-QUARTER TIME CASHIER POSITIONS. Council Member Champion requested the City investigate utilization of machines and credit or debt cards versus staffing attendants. City Manager will follow up. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tern declared the resolution adopted. Moved by O'Donnell, seconded by Champion, to adopt RES. 04-51, AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY KNOWN AS 925 WASHINGTON STREET, WHICH IS A PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE NUISANCE. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tern declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to adopt RES. 04-52, ADOPTING THE MELROSE AVENUE/GRAND AVENUE TRAFFIC OPERATIONS STUDY FINAL REPORT. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tern declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to grant a 60-day extension to the Police Citizens Review Board for the filing of the public report with the City Council on Complaint #03-13. The Mayor Pro tern declared the motion carried unanimously, 6/0, Lehman absent. Moved by Vanderhoef, seconded by O'Donnell, to approve Continuing Disclosure Certificate relative to issuance of $7,305,000 General Obligation Bonds. The Mayor Pro tern declared the motion carried unanimously, 6/0, Lehman absent. Moved by Champion, seconded by O'Donnell, to adopt RES. 04-53, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $7,305,000 GENERAL OBLIGATION BONDS, TAXABLE SERIES 2004, AND LEVYING A TAX TO PAY SAID BONDS. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor Pro tem declared the resolution adopted. The Mayor noted the previously-announced vacancies: Airport Commission to fill a six-year term March 1, 2004 - March 1, 2010; Civil Service Commission to fill a four-year term April 5, 2004 - April 7, 2008; Historic Preservation Commission to fill three vacancies, (1) At-Large, (1) Brown Street District Rep, (1) Summit Street District Rep, to fill three-year terms March 29, 2004 - March 29, 2007; Telecommunications Commission to fill a three-year term March 13, 2004 - March 13, 2007. Applications must be received by 5:00 p.m., Wednesday, February 25, 2004. New vacancies: Airport Zoning Commission to fill a six-year term January 1, 2004 - December 31, 2009; Airport Commission to fill an unexpired term ending March 31, 2007; Airport Zoning Brd of Adjustment to fill an unexpired plus a five-year term ending December 31, 2008; Historic Preservation Commission for (Woodlawn District Representative) to fill a three-year term March 29, 2003 - March 29, 2006: Parks and Recreation Commission to fill an unexpired term ending January 1, 2006. [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.] Correspondence included in Council Packet from Kevin Boyd noted. Applications must be received by 5:00 p.m., Wednesday, March 10, 2004. Council Member Elliott noted in reading the Use of Force Report from the Police Department that 10 deer had to be destroyed after being struck by motor vehicle in December and January; Complete Description February 17, 2004 Page 5 referenced the issue of property taxes in a letter on the Consent Calendar from Dan Sanders, and the fact that the more spent on affordable housing and housing assistance increases taxes and those increases are passed along to renters; and questioned the 35 minute delay in exiting the Dubuque Street ramp after the Chamber awards ceremony. Moved by O'Donnell, seconded by Vanderhoef, to adjourn meeting at 8:20 p.m. The Mayor Pro tem declared the m°ti°n carried unanim°usly' 6/0' Le~si.~ ~_ Ross Wilburn, Mayor Pro tern Mari~-K. Karr, City Clerk Date: January 28, 2004 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, January 27, 2004, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn Staff: Atkins, Hefting O'Malley, Karr, Davidson, Kopping, O'Neil, Fowler, Craig Tapes: 04-14, Side 2; 04-15, Both Sides; 04-16, Side 1 (A complete transcription is available in the City Clerk's Office) BOARD/COMMISSIONS/ORGANIZATIONS BUDGET REQUESTR Parks & Recreation Commission - Matt Pacha, Terry Trueblood Senior Center Commission - Jay Honohan, Linda Kopping Airport Commission - Ron O'Neil Library Board - Shaner Magalhaes, Susan Craig Convention & Visitors Bureau - Jeff Schamberger BUDGET The City Manager reviewed the following matters: · The budget is balanced · Substantial changes, such as additions, should indicate a reduction in another area · Cash reserve position is an estimate · Budget incorporates changes agreed to by Council six months ago Parks & Recreation Master Plan - majority agreed staff should contact Coralville regarding a joint project, allow reasonable time for a response from them, and legislature adjournment, and then staff would come back to Council for direction. Grant Wood Gym - Mayor Pro tem Wilbum left the meeting due to a conflict of interest. Majority expressed interest in pursuing idea of expanding the multi-purpose room actually into a gym. The City Manager stated a vote authorizing any money would be necessary. Downtown Alley Cleanup - Mayor Pro tem Wilburn returned to the meeting. City Manager stated such a service would be financed with a fee for service, a proposal will be prepared for Council review and will not be tax supported. Council Work Session January 27,2004 Page 2 Indoor Soccer Facility Request - Majority noted it would not be an item for inclusion in this budget but expressed an interest in referring the matter to Parks & Recreation to discuss options. Matter will be scheduled for the February 2 work session. City Park Trail Liqhtinq - Requested a memo from Parks & Recreation Director regarding Council interest to move up the project due to safety concerns, noting specifically to and from the parking lots near Riverside Theatre and the restrooms. Senior Center - Majority requested memo regarding class/program fees when compared to the Recreation Center; possible duplication of programs with the Senior Center and the Rec. Center; what's included with membership fee; what services you can participate in if not a member; and other options for fund raising and marketing. ICAD funding - Increased to $55,000 Convention & Visitors Bureau - Increased and capped at $128,000 this year only Employee Health Benefits - City Manager will provide information on total compensation package and establishment of a possible limit on the benefits levy. Meeting adjourned 9:20 PM. Date: February 2, 2004 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, February 2, 2004, 6:55 PM in Emma J. Harvat Hall Council: Bailey, Champion (7:00), Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn Staff: Atkins, Helling, Dilkes, Karr, Dulek, Franklin, Davidson, McCafferty, Fosse Tapes: 04-18, Both Sides; 04-19, Side 1 (A complete transcription is available in the City Clerk's Office) PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following items: A. MOTION SETTING A PUBLIC HEARING FOR FEBRUARY 17 ON AN ORDINANCE AMENDING THE ZONING CODE REGARDING REQUIREMENTS FOR RELIGIOUS INSTITUTIONS IN THE COMMERCIAL OFFICE (CO-1) ZONE (The Church of Iowa City) B. REZONING APPROXIMATELY 1.26-ACRES OF PROPERTY FROM CENTRAL BUSINESS SUPPORT ZONE (CB-5) TO PUBLIC/CENTRAL BUSINESS SUPPORT ZONE (PICB-5) FOR THE EAST HALF OF BEOCK 102 EXCEPT THE 301 SOUTH DUBUQUE STREET PROPERTY. (REZ03-00028) (Court Street Transportation Center) C. VACATING A PORTION OF THE RIGHT-OF-WAY LOCATED ADJACENT TO 425 BELDON AVENUE. (VAC03-00004) D. REZONING APPROXIMATELY 119.94 ACRES FROM INTERIM DEVELOPMENT SINGLE-FAMILY, IDRS, AND INTERIM DEVELOPMENT MULTI-FAMILY, IDRM, TO PLANNED DEVELOPMENT HOUSING OVERLAY - SINGLE FAMILY RESIDENTIAL, OPDH-5, SUBJECT TO CONDITIONS, FOR PROPERTY LOCATED SOUTH OF PEPPERWOOD ADDITION AND EAST OF GILBERT STREET. (REZ03-00020) (Sandhill Estates) PCD Director Franklin noted a revised CZA had been signed. E. ORDINANCE REZONING APPROXIMATELY 16.1 ACRES FROM RESIDENTIAL FACTORY BUILT HOUSING RESIDENTIAL (RFBH) TO PLANNED DEVELOPMENT HOUSING OVERLAY-12 (OPDH-12) AND AN OPDH PLAN FOR PROPERTY ON HEINZ ROAD. (REZ03-00024) (PASS AND ADOPT) (Saddlebrook Estates) Council Work Session February 2,2004 Page 2 F. ORDINANCE REZONING APPROXIMATELY 26.98 ACRES FROM HIGHWAY COMMERCIAL, CH-l, TO SENSITIVE AREAS OVERLAY (SAO/CH-1) FOR PROPERTY LOCATED WEST OF MORMON TREK BOULEVARD AND SOUTH OF HIGHWAY 1. (REZ03-00027) (PASS AND ADOPT) (Davis) PCD Director Franklin stated both items F and G would have to be deferred pending information from the Corps of Engineers regarding compensatory wetlands. G. RESOLUTION APPROVING THE PRELIMINARY PLAT OF JJR DAVIS ADDITION, IOWA CITY, IOWA (SUB03-00027) See item above. AGENDA ITEMS 1. (Consent Calendar # 5f(1) - letter from Mark Patton and Brad Langguth .... Habitat for Humanity ... Lots in southeast Iowa City...) In response to Council Member Vanderhoef, majority agreed to have staff send a letter stating the City was currently investigating the scattered site house policy. City Manager Atkins and PCD Director Franklin reported an update would be scheduled in June and HCDC had selected three members to be on the committee. Other membership options discussed were developers, school district representatives, police, staff involved in various programs, as well as consumers. 2. (Item # 17 - one year agreement ... Johnson County .. operational cost of the Senior Center) Council Members Elliott and O'Donnell will meet with the County regarding future funding and pursuing an agreement longer than one year. Majodty agreed to proceed with adoption of resolution. 3. (Consent Calendar # 5e(5) - subordination agreement ... 1335 First Avenue) In response to Council Member Elliott, the City Attorney stated staff had reviewed the information and recommend approval. 4. (Consent Calendar # 5f(10) - Atty. Joe Holland ...time limits on speakers ...) In response to Council Member Vanderhoef, a copy of the letter will be provided to the Planning & Zoning Commission. COUNCIL TIME None MELROSE AVENUE/GRAND AVE TRAFFIC STUDY (IP2 of 1/29 Packet) Asst. PCD Director Davidson presented information. Majority agreed to pursue one way loop option with University. STAFF ACTION: Resolution accepting the report will be on the February 17 formal Council meeting agenda. (Davidson) Council Work Session February 2, 2004 Page 3 HISTORIC PRESERVATION HANDBOOK (Item # 14) Sr. Planner McCafferty present for discussion. Majority agreed to proceed. STORMWATER-UPDATE CHAMBER PROPOSALS (Item #11) Public Works Director Fosse presented the Chamber of Commerce ordinance proposal which includes a fee structure similar to how the City currently charges for water and wastewater with a base fee (or minimum charge), then add increment charged. In addition there are some credits for having NPDS permit for stormwater runoff and quality. STAFF ACTION: Majority directed staffto prepare the ordinance and agreed to set public hearing for February 17. (Fosse) ENGLERT - USE OF PUBLIC RIGHT-OF-WAY (IP3 of 1/29 Packet) Public Works Director Fosse present for discussion. Majority of Council agreed to support the staff recommendation denying the request to put stoops out into the alley right-of-way. STAFF ACTION: Inform Englert representatives of Council direction. (Fosse) RIVERSIDE THEATRE - ALCOHOL (IP4 of 1/29 Packet) City Attorney, City Manager, and City Clerks presented information. After discussion Council requested staff prepare an ordinance to sell alcoholic beverages at the Shakespeare Theatre in City Park and limit to non-profit organizations. STAFF ACTION: Prepare ordinance for March 2 meeting. (Dilkes) INDOOR SOCCER FACILITY - REFERRAL TO PARKS AND RECREATION COMMISSION Mayor Pro tem Wilbum left the meeting due to a conflict of interest. Majority of Council referred the matter to the Parks & Recreation Commission for review. MUNICIPAL ELECTRIC PETITION (IP5 of 1/29 Packet) Mayor Pro tern Wilburn returned to the meeting. City Attorney Dilkes and City Clerk Karr presented information. STAFF ACTION: Prepare resolution formally setting ballot language and direct Commissioner of Elections to place the question on the November 2005 ballot. (Karr) Meeting adjourned 9:10 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 ACTIVITIES - 2/2/04 Iowa City City Council, special meeting 6:45 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: Champion. Moved and seconded to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation; and to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. The minutes and the tape recording of a session closed under this paragraph (Real Estate) shall be available for public examination when the transaction discussed is completed. The Mayor declared the motion carried. Moved and seconded to adjourn the special meeting at 7:00 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/Ernest W. Lehman, Mayor s/Marian K. Karr, City Clerk Submitted for publication - 2/10/04. * Revised 2/19/04 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 - 2/3/04 * Iowa City City Council regular meeting 7:00 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: None. The Mayor delivered the State of the City Message. The Mayor proclaimed: February 6, American Heart Association "Wear Red For Women Day," Dr. Dianne Atkins, Professor, University of Iowa accepting; February 14, Department of Veterans Affairs Medical Center "Salute to Hospitalized Veterans Day"; Sertoma's Freedom Week, Larry McConahay accepting. A water plant presentation by of H.R. Green was deferred to February 17. The Mayor presented Outstanding Student Citizenship Awards to Herbert Hoover Elementary students: Zoe Grueskin, Chris Owen, Seth Saeugling. Moved and seconded that the following items and recommendations in the Consent Calendar be received and or approved, and/or adopted as amended: January 13 Special Work Session [Previously distributed]; January 15 Special Work Session [Previously distributed]; January 20 Work Session; January 20 Regular Council Formal Official and Complete; January 22 Special Work Session Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action): Human Rights Commission: November 25, 2003; Police Citizens Review Board: December 9, 2003; Parks and Recreation Commission: December 10, 2003; Iowa City Telecommunications Commission: December 15, 2003; Economic Development Committee: December 17, 2004; Housing and Community Development Commission: December 18, 2003; Planning and Zoning Commission: December 18, 2003 Recommendation to Council: Approval of SUB 02-00026, a final plat of Kennedy Subdivision. (Approved on 1/20 Agenda) Approval of REZ03-00028 of application to rezone approximately 1.26 acres of property from Central Business Support zone to Public/Central Business Support zone. (See item later on Agenda) Approval of VAC03-00004, application to vacate the 184 square foot portion of the right-of-way located to the north of 425 Beldon Ave. (See item later on Agenda). Iowa City Telecommunications Commission: January 2, 2004 Recommendation to Council: The Commission unanimously passed a resolution recommending to the City Council that the negotiated rate settlement agreement with Mediacom be adopted. Rules Committee: January 22, 2004. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Class C Liquor License for Mike's Place, Inc., dba Mike's Tap, 122 Wright St. 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 calen year for said publication is $ IAL COUNCIL ACTIONS - 2/3/04 / Iowa City City Council S ;i'~meeting 7:00 p.m. at City Hall. Mayor Lehr~n presiding. Council Members present: Bailey, Ch'a, mpion, Elliott, Lehman, O'Donnell, Vand/~rhoef, Wilburn. Absent: None. ~ The Mayor delivered the State of~e City Message. / The Mayor proclaimed: February 6,~ merican Heart Association "~ear Red For Women Day," Dr. Dianne Atkins, Professor University of Iowa acceptir~; February 14, Department of Veterans Affairs Medical "Salute to Hospitalized' Veterans Day"; Sertoma's Freedom Week, Larry ccepting. A water plant presentation by of H.R. en was deferred t(¢' February 17. The Mayor presented Outstanding : Citizenship Awards to Herbert Hoover Elementary students: Zoe Grueskin, Chris Owen. ;eth Saeugl Moved and seconded that the following and nmendations in the Consent Calendar be received and or approved, and/or ado January 13 Special Work Session ]; January 15 Special Work Session [Previously distributed]; January Work Session; January 20 Regular Council Formal Official and Complete; Special Work Session Receive and File Minutes of Boards ar (recommendations to Council become effective only upon :il action): Human Rights Commission: November 25, 2003; Board: December 9, 2003; Parks and Recreation Commission: 10, )3; Iowa City Telecommunications Commission: Economic Development Committee: December 17, 2004; H, and ty Development Commission: December 18, 2003; Planning am Commission: )ecember 18, 2003 Recommendation to Co~ Approval of SUB )0026, a final plat of Kennedy Subdivision. 1/20 Agenda) )028 of application to rezone )roximately 1.26 acres of from Central Business Support 2 Public/Central Business: (See item later on Agenda) of VAC03-00004, application ~cate the 184 square foot portion of the ri! located to the north of 425 B~don Ave. (See item later on Agen~ Iowa City Telecomn Commission: January 2, 2004 Recommt to Council: The Commission unanimous~ passed a resolution recomm~ to ~'e- ~ ~ouncil that the negotiated rate s~ttlement agreement with acom be adopted. Rules Committee: January 22, 2004. Permit Motions and Resolutions as Recommended by the Cit¢~.Clerk. Renewals: Class C Liquor License for Mike's Place, Inc., dba Mike's Tap, 122 Wr...!ght St. Official Actions February 3, 2004 Page 2 Class C Liquor License for Mike & Marry Enterprises, Inc., dba Quinton's Bar & Deli, 215 E. Washington St. Class C Liquor License for Iowa City Westside Caf6, Inc., dba Bob's Your Uncle, 749 Mormon Trek Blvd. Outdoor Service Area for Iowa City Westside Caf6, Inc., dba Bob's Your Uncle, 749 Mormon Trek Blvd. Class C Liquor License for Motif, Ltd., dba Bo-James, 118 E. Washington St. Outdoor Service Area for Motif, Ltd., dba Bo-James, 118 E. Washington St. Class C Liquor License for Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S. Dubuque St. Outdoor Service Area for Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S. Dubuque St. Class C Liquor License for WWI, LLC, dba Malone's Irish Pub, 121 Iowa Ave. Class C Liquor License for Summit Restaurant & Bar, Inc., dba Summit, 10 S. Clinton St. Class C Beer Permit for Fareway Stores, Inc., dba Fareway Stores, Inc.#34, 2765 Commerce Dr. Class C Beer Permit for Fareway Stores, Inc., dba Fareway Stores, Inc. #950, 2530 Westwinds Dr. Class E Liquor License for John's Grocery, Inc., dba John's Grocery, Inc., 401 E. Market St. RES. 04-21, TO ISSUE DANCE PERMIT to Summit Restaurant & Bar, Inc., dba Summit, 10 S. Clinton St.;WWl, LLC, dba Malone's Irish Pub, 121 Iowa Ave.; Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S. Dubuque St. Setting Public Hearings: RES. 04-22, INTENT TO CONVEY THE WEST ONE- HALF OF A TWENTY FOOT WIDE BY EIGHTY FOOT LONG VACATED PORTION OF THE ALLEY LOCATED BETWEEN LOTS 4 AND 5, BLOCK 15, COUNTY SEAT ADDITION, ADJACENT TO 729 SOUTH CAPITOL STREET, TO EAGLE VIEW PROPERTIES, LLC, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR FEBRUARY 17, 2004. RES. 04-23, INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1927 GRANTWOOD STREET TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR FEBRUARY 17, 2004. RES. 04-24, SETTING A PUBLIC HEARING TO DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR JULY 1,2004 THROUGH JUNE 30, 2005, THE PROPOSED THREE-YEAR FINANCIAL PLAN, AND ALSO THE MULTI- YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2008. Resolutions: RES. 04-25, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNERS HELEN AND WILLIAM BYINGTON, AND LITTLE DONKEYS INC., d/b/a PANCHERO'S MEXICAN GRILL, FOR A SIDEWALK CAFE. RES. 04-26, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, MOKA JAVA LL.C. AND IOWA CITY COFFEE CO. D/B/A JAVA HOUSE FOR A SIDEWALK CAFE. RES. 04-27, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER THE MOEN GROUP, AND MONDO'S OF IOWA CITY, INC. d/b/a MONDO'S DOWNTOWN, FOR A SIDEWALK CAFE. RES. 04-28, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER DEAN OAKES, AND KLDP INC. D/B/A ONE TWENTY SiX, FOR A SIDEWALK CAFE. RES. 04-29, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION Official Actions February 3, 2004 Page 3 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND RESIDENTIAL MORTGAGE NETWORK, INC., IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1335 FIRST AVENUE, IOWA CITY, IOWA. Correspondence: Mark Patton and Brad Langguth, Iowa Valley Habitat for Humanity regarding Lots in the Southeast Section of the City; Samuel R. Smith regarding Littering; Vicky DiBona regarding Trail and Wide Sidewalk System in the South Central District; Mike Emalfarb regarding Increase Security Requirements for Apartment Owners [Staff response included]; Eleanor Johnston regarding Parking in Downtown Ramps [Staff response included]; Indoor Soccer Facility: Pam Weest- Carrasco, Paul Weller; Garrett Kubik regarding Clinton Street Handicapped Parking Space [Staff response included]; Betty C. Andrews, Iowa Events and Info regarding IMMAWll Gala Reception, Friday January 30 at Hoyt Sherman; Benjamin Doyle regarding Mediacom's Monopoly on Cable Service [Staff response included]; C. Joseph Holland, Holland & Anderson LLP regarding Time Limits on Speakers before Council; Jack Young regarding Airport Commission Appointment (appointment to be made at the March 2 meeting); Riverside Theatre: Jody Hovland and Ron Clark, David Rust, Julie Schweser, Stephen Bender; John Krstenansky regarding Transit Service. The Mayor declared the motion carried. Jean Walker, 335 Lucon Drive, Melrose Avenue Neighborhood representative, appeared regarding the Melrose Avenue/Grand Avenue traffic study. Moved and seconded to accept correspondence. The Mayor declared the motion carried. Crissy Canganelli and Dottie Persson, Executive Director and Board President of Shelter House respectfully, appeared formally requesting purchase of City owned property between Highland Court and Gilbert Court. Moved and seconded to accept correspondence. The Mayor declared the motion carried. Mike Emalfarb, 510 S. Van Buren, appeared regarding a recent burglary at his apartment. Moved and seconded to set a public hearing for February 17 on an ordinance amending the zoning code regarding requirements for religious institutions in the Commercial Office (CO-1) Zone. The Mayor declared the motion carried. Correspondence received from Duane Brenneman, Robert Nelson, Henry Wen. A public hearing was held on an ordinance rezoning approximately 1.26-acres of property from Central Business Support Zone (CB-5) to Public/Central Business Support Zone (P/CB-5) for the east half of Block 102 except 301 South Dubuque Street. Moved and seconded that the ordinance rezoning approximately 1.26-acres of property from Central Business Support Zone (CB-5) to Public/Central Business Support Zone (P/CB-5) for the east half of Block 102 except 301 South Dubuque Street, be given first vote. The Mayor declared the motion carried. A public hearing was held on an ordinance vacating a portion of the right-of-way located adjacent to 425 Beldon Avenue. Moved and seconded that the ordinance vacating a portion of the right-of-way located adjacent to 425 Beldon Avenue, be given first vote. The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning approximately 119.94 acres from Interim Development Single-Family, IDRS, and Interim Development Multi-Family, IDRM, to Planned Development Housing Overlay - Single Family Residential, OPDH-5, subject to conditions, for property located south of Pepperwood Addition and east of Gilbert Street. The Official Actions February 3, 2004 Page 4 fotlowing individuals appeared: Atty. Joe Holland and Glenn Siders representing the applicant, Southgate Companies; Dave and Lori Klockau, 1031 Briar Drive. Moved and seconded to accept correspondence from Lori and David Klockau and Steven Nelson. The Mayor declared the motion carried. Moved and seconded that the ordinance rezoning approximately 119.94 acres from Interim Development Single-Family, IDRS, and Interim Development Multi-Family, IDRM, to Planned Development Housing Overlay - Single Family Residential, OPDH-5, subject to conditions, for property located south of Pepperwood Addition and east of Gilbert Street be given first vote. The Mayor declared the motion carried. Moved and seconded that ORD. 04-4108, REZONING 16.1 ACRES FROM RESIDENTIAL FACTORY BUILT HOUSING RESIDENTIAL (RFBH) TO PLANNED DEVELOPMENT HOUSING OVERLAY-12 (OPDH-12) AND AN OPDH PLAN FOR PROPERTY ON HEINZ ROAD, be passed and adopted. Moved and seconded to defer to February 17 an ordinance rezoning approximately 26.98 acres from Highway Commercial, CH-l, to Sensitive Areas Overlay (SAO/CH-1) for property located west of Mormon Trek Boulevard and south of Highway 1 and a resolution approving the preliminary plat of J JR Davis Addition, Iowa City, Iowa. The Mayor declared the motion carried. A public hearing was held on a resolution instituting proceedings to take additional action for the authorization of $7,305,000 General Obligation Bonds, Taxable Series 2004. Moved and seconded to adopt RES. 04-30, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF $7,305,000 GENERAL OBLIGATION BONDS, TAXABLE SERIES 2004. Moved and seconded to adopt RES. 04-31, DIRECTING SALE OF $7,305,000 GENERAL OBLIGATION BONDS, TAXABLE SERIES 2004. Moved and seconded that the ordinance amending Title 10 of the City Code, entitled "Use of Public Ways and Property," to create a uniform permitting process, to establish requirements for the Farmers Market, to provide for the noncommercial placement of objects in City Plaza on a temporary basis, to modify the provision on residential picketing, to clarify the current provisions regulating mobile vendors and ambulatory vendors, to codify specific administrative rules affecting said vendors, and to make additional nonsubstantive changes, be given first vote. Caroline Dieterle, Walnut Street, appeared. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Bruce Nestor. The Mayor declared the motion carried. Moved and seconded to defer to February 17 an ordinance amending Title 3 entitled "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties"; amending Title 14 entitled "Unified Development Code," Chapter 3, "City Utilities," Article A, "General Provisions," Section 14-3A-2, "Definitions," and Section 14- 3A-4, "Rates and Charges for City Utilities: and; amending Title 14 entitled "Unified Development Code," Chapter 3, "City Utilities, Article G, "Stormwater Collection, Discharge and Runoff," to create a Stormwater Utility and establish a Stormwater Utility Fee. The Mayor declared motion carried. Moved and seconded to accept correspondence from Patrick Guard, Chamber of Commerce President. The Mayor declared the motion carried. Moved and seconded that ORD. 04-4109, AMENDING TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE", CHAPTER 4, ENTITLED "LAND CONTROL AND Official Actions Februaw 3,2004 Page 5 DEVELOPMENT", ARTICLE C, ENTITLED "HISTORIC PRESERVATION REGULATIONS", TO ADD CERTAIN PROVISIONS TO SECTION 4, ENTITLED "RULES OF THE COMMISSION" AND CERTAIN PROVISIONS TO SECTION 7, ENTITLED "APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS", IN ORDER TO ALLOW FOR THE APPOINTMENT OF A HISTORIC REVIEW SUBCOMMITTEE TO REVIEW APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS, be passed and adopted. Moved and seconded to adopt RES. 04-32, AMENDING THE BY-LAWS OF THE HISTORIC PRESERVATION COMMISSION. Moved and seconded to adopt RES. 04-33, ADOPTING REVISED DESIGN GUIDELINES AND PROCEDURES FOR REVIEW OF PROJECTS THAT CHANGE THE EXTERIOR APPEARANCE OF PROPERTIES IN HISTORIC AND CONSERVATION DISTRICTS AND HISTORIC LANDMARKS. Moved and seconded to adopt RES. 04-34, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ADDENDUM TO A LEASE OF THE UNION BUS DEPOT PROPERTY, 404 EAST COLLEGE STREET, PURSUANT TO WHICH GREYHOUND LINES, INC. WILL RENEW ITS LEASE FORATERM OF ONE YEAR. Moved and seconded to adopt RES. 04-35, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN ADDENDUM TO THE AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE BURLINGTON STREET BRIDGE RECONSTRUCTION PROJECT OVER RALSTON CREEK, BRF-1-5(54)--38-52. Moved and seconded to adopt RES. 04-36, AUTHORIZING EXECUTION OF A ONE- YEAR AGREEMENT BETWEEN JOHNSON COUNTY, IOWA AND THE CITY OF IOWA CITY IN WHICH JOHNSON COUNTY AGREES TO PROVIDE $75,000 TO SUPPORT THE OPERATIONAL COST OF THE SENIOR CENTER IN FISCAL YEAR 2004. Moved and seconded to approve a tentative agreement between the Iowa City Association of Professional Firefighters, IAFF, AFL-CIO, Local #610 and the City of Iowa City. The Mayor declared the motion carried. The Mayor announced the following Board and Commission openings received no applications and will be readvertised: Airport Zoning Commission to fill a six-year term January 1, 2004 - December 31,2009; Airport Commission to fill an unexpired term ending March 1,2007. Airport Zoning Brd of Adjustment to fill an unexpired plus a five-year term ending December 31,2008; Historic Preservation Commission (Woodlawn District Representative) to fill a three-year term March 29, 2003 - March 29, 2006. The Mayor noted the previously-announced vacancies: Airport Commission to fill a six- year term March 1, 2004 - March 1,2010. Civil Service Commission to fill a four-year term April 5, 2004 -April 7, 2008; Historic Preservation Commission to fill three vacancies, (t) At- Large, (1) Brown Street District Rep, (1) Summit Street District Rep, for three-year terms March 29, 2004 - March 29, 2007; Telecommunications Commission to fill a three-year term March 13, 2004 - March 13, 2007. Applications must be received by 5:00 p.m., Wednesday, February 25, 2004. The Mayor noted the current vacancies: Parks and Recreation Commission to fill an unexpired term ending January 1,2006. Correspondence included in Council Packet. Applications must be received by 5:00 p.m., Wednesday, March 10, 2004. Moved and Official Actions February 3, 2004 Page 6 seconded to accept correspondence from Kevin Boyd. The Mayor declared the motion carried. Moved and seconded to adjourn 8:45 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/Ernest W. Lehman, Mayor s/Marian K. Karr, City Clerk · Subm~pu~lication - ~ 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 - 2/5/04 Iowa City City Council special meeting 1:30 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilbum. Absent: None. 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. 04-4110, REZONING APPROXIMATELY 119.94 ACRES FROM INTERIM DEVELOPMENT SINGLE-FAMILY, IDRS, AND INTERIM DEVELOPMENT MULTI- FAMILY, IDRM, TO PLANNED DEVELOPMENT HOUSING OVERLAY- SINGLE FAMILY RESIDENTIAL, OPDH-5, SUBJECT TO CONDITIONS, FOR PROPERTY LOCATED SOUTH OF PEPPERWOOD ADDITION AND EAST OF GILBERT STREET, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be adopted at this time. Moved and seconded to adjourn special meeting at 1:32 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/Ernest W. Lehman, Mayor s/Marian K. Karr, City Cl~rl~ Su~~ublication - 2/10/04. 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 2, 2004 Iowa City City Council, special meeting 6:45 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: Champion. Staff members present: Atkins, Helling, Dilkes, Karr, Hermes, Boothroy, Dulek, Ream, Franklin, McCafferty. Council minutes tape recorded on Tape 04-17; Side 1. Moved by Wiiburn, seconded by Vanderhoef, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation; and to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. The minutes and the tape recording of a session closed under this paragraph (Real Estate) shall be available for public examination when the transaction discussed is completed. Affirmative roll call vote unanimous, 6/0, Champion absent. The Mayor declared the motion carried and adjourned into executive session 6:47 p.m. Council returned to open session 6:58 p.m. Moved by Vanderhoef, seconded by Wilburn, to adjourn the special meeting at 7:00 p.m. The Mayor declared the motion carried unanimously, 6/0, Champion absent. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk * Revised 2/19/04 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 3, 2004 * Iowa City City Council regular meeting 7:00 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: None. Staff Members present Atkins, Helling, Dilkes, Karr, Franklin, McCafferty, O'Malley, Fosse. Council minutes tape recorded on Tape 04-17, Side 2; Tape 04- 20, Side 1. The Mayor delivered the State of the City Message. The Mayor proclaimed: February 6, American Heart Association '~Vear Red For Women Day," Dr. Dianne Atkins, Professor, University of Iowa accepting; February 14, Department of Veterans Affairs Medical Center "Salute to Hospitalized Veterans Day"; Sertoma's Freedom Week, Larry McConahay accepting. A water plant presentation by of H.R. Green was deferred to February 17. The Mayor presented Outstanding Student Citizenship Awards to Herbert Hoover Elementary students: Zoe Grueskin, Chris Owen, Seth Saeugling. Moved by Champion, seconded by O'Donnell, that the following items and recommendations in the Consent Calendar be received and or approved, and/or adopted as amended: January 13 Special Work Session [Previously distributed]; January 15 Special Work Session [Previously distributed]; January 20 Work Session; January 20 Regular Council Formal Official and Complete; January 22 Special Work Session Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action): Human Rights Commission: November 25, 2003; Police Citizens Review Board: December 9, 2003; Parks and Recreation Commission: December 10, 2003; Iowa City Telecommunications Commission: December 15, 2003; Economic Development Committee: December 17, 2004; Housing and Community Development Commission: December 18, 2003; Planning and Zoning Commission: December 18, 2003 Recommendation to Council: Approval of SUB 02-00026, a final plat of Kennedy Subdivision. (Approved on 1/20 Agenda) Approval of REZ03-00028 of application to rezone approximately 1.26 acres of property from Central Business Support zone to Public/Central Business Support zone. (See item later on Agenda) Approval of VAC03-00004, application to vacate the 184 square foot portion of the right-of-way located to the north of 425 Beldon Ave. (See item later on Agenda). Iowa City Telecommunications Commission: January 2, 2004 Recommendation to Council: The Commission unanimously passed a resolution recommending to the City Council that the negotiated rate settlement agreement with Mediacom be adopted. Rules Committee: January 22, 2004. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Class C Liquor License for Mike's Place, Inc., dba Mike's Tap, 122 Wright St. 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 ACTP FEBRUARY 3, 2004 Iowa City Special meeting 7:00 p.m. at City presiding. Council Members Bailey, Champion, Elliott, Lehman, Vanderhoef, Wilburn. Absent: present Atkins, Helling, ~ilkes, Karr, Franklin, McCafferty, O'Malley, Council minutes tape recorded 1 Tape 04-17, Side 2; Tape 04- 20, Side 1. The Mayor State of the City Message. The Mayor bruary 6, American Hear 'M/ear Red For Women Day," Dr. Dianne Atkins University of accepting; February 14, Department of Veterans Affairs Center "Salute I ~italized Veterans Day"; Sertoma's Freedom Week, Larry acceptin~ A water plant presentation by .R. deferred to February 17. The Mayor presented Outstandin( Ci' Awards to Herbert Hoover Elementary students: Zoe Grueskin, Chris Saeugling. Moved by Champion, seconded by that the following items and recommendations in the Consent Calendar be ~ived and or approved, and/or adopted as amended: January 13 Special Work Session distributed]; January 15 Special Work Session [Previously distributed]; 20 Work Session; January 20 Regular Council Formal Official and Complete; Special Work Session Receive and File Minutes of B, and ~mmissions (recommendations to Council become effective only upon Cou action): Human Rights Commission: November 25, 2003; Citizens view Board: December 9, 2003; Parks and Recreation Commissk December 10, 2( Iowa City Telecommunications Commissio :)ecember Development Committee: December 17, Housing and Communi Development Commission: December 18, 2003; Planning Zoning Commission: 18, 2003 Recommendation )roval of final plat of Kennedy Subdivision. on 1/20 Agenda) Approval '~EZ03-00028 of application to rezom ~roximately 1.26 acres of prope~y from Central Business Support to Public/Central Business Suppo(t zone. (See item later on Agenda) Appr, of VAC03-00004, application to vacate the 184 square foot portion y located to the north of 425 Beldon Ave. (See item later on Agen( Iowa Commission: January 2, 2004 Recommen cil: The Commission unanimously passed a resolution recomme~ to the City Council that the negotiated rate settler0ent agreement with be adopted. Rules Comm 2004. and Resolutions as Recommended by the City Clerk. Renewals: Class C uor License for Mike's Place, Inc., dba Mike's Tap, 122 Wright St. Complete Description February 3, 2004 Page 2 Class C Liquor License for Mike & Marry Enterprises, Inc., dba Quinton's Bar & Deli, 215 E. Washington St. Class C Liquor License for Iowa City Westside Cafe, Inc., dba Bob's Your Uncle, 749 Mormon Trek Blvd. Outdoor Service Area for Iowa City Westside Cafb, Inc., dba Bob's Your Uncle, 749 Mormon Trek Blvd. Class C Liquor License for Motif, Ltd., dba Bo-James, 118 E. Washington St. Outdoor Service Area for Motif, Ltd., dba Bo-James, 118 E. Washington St. Class C Liquor License for Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S. Dubuque St. Outdoor Service Area for Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S. Dubuque St. Class C Liquor License for WWl, LLC, dba Malone's Irish Pub, 121 Iowa Ave. Class C Liquor License for Summit Restaurant & Bar, Inc., dba Summit, 10 S. Clinton St. Class C Beer Permit for Fareway Stores, Inc., dba Fareway Stores, Inc.#$4, 2765 Commerce Dr. Class C Beer Permit for Fareway Stores, ~nc., dba Fareway Stores, Inc. #950, 2530 Westwinds Dr. Class E Liquor License for John's Grocery, Inc., dba John's Grocery, Inc., 401 E. Market St. RES. 04-21, TO ISSUE DANCE PERMIT to Summit Restaurant & Bar, Inc., dba Summit, 10 S. Clinton St.; WWl, LLC, dba Malone's Irish Pub, 121 Iowa Ave.; Brothers of Iowa City, Inc., dba It's Brothers Bar & Grill, 125 S. Dubuque St. Setting Public Hearings: RES. 04-22, INTENT TO CONVEY THE WEST ONE- HALF OF A TWENTY FOOT WIDE BY EIGHTY FOOT LONG VACATED PORTION OF THE ALLEY LOCATED BETWEEN LOTS 4 AND 5, BLOCK 15, COUNTY SEAT ADDITION, ADJACENT TO 729 SOUTH CAPITOL STREET, TO EAGLE VIEW PROPERTIES, LLC, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR FEBRUARY 17, 2004. RES. 04-23, INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1927 GRANTWOOD STREET TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR FEBRUARY 17, 2004. RES. 04-24, SETTING A PUBLIC HEARING TO DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2004 THROUGH JUNE 30, 2005, THE PROPOSED THREE-YEAR FINANCIAL PLAN, AND ALSO THE MULTI- YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2008. Resolutions: RES. 04-25, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNERS HELEN AND WILLIAM BYINGTON, AND LITTLE DONKEYS INC., d/b/a PANCHERO'S MEXICAN GRILL, FOR A SIDEWALK CAFI~. RES. 04-26, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, MOKA JAVA L.L.C. AND IOWA CITY COFFEE CO. D/B/A JAVA HOUSE FOR A SIDEWALK CAFE. RES. 04-27, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER THE MOEN GROUP, AND MONDO'S OF IOWA CITY, INC. d/b/a MONDO'S DOWNTOWN, FOR A SIDEWALK CAFI~. RES. 04-28, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTESTA LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER DEAN OAKES, AND KLDP INC. D/B/A ONE TWENTY SIX, FOR A SIDEWALK CAFI~. RES. 04-29, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION Complete Description Februa~ 3,2004 Page 3 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND RESIDENTIAL MORTGAGE NETWORK, INC., IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1335 FIRST AVENUE, IOWA CITY, IOWA. Correspondence: Mark Patton and Brad Langguth, Iowa Valley Habitat for Humanity regarding Lots in the Southeast Section of the City; Samuel R. Smith regarding Littering; Vicky DiBona regarding Trail and Wide Sidewalk System in the South Central District; Mike Emalfarb regarding Increase Security Requirements for Apartment Owners [Staff response included]; Eleanor Johnston regarding Parking in Downtown Ramps [Staff response included]; Indoor Soccer Facility: Pam Weest- Carrasco, Paul Weller; Garrett Kubik regarding Clinton Street Handicapped Parking Space [Staff response included]; Betty C. Andrews, Iowa Events and Info regarding IMMAWll Gala Reception, Friday January 30 at Hoyt Sherman; Benjamin Doyle regarding Mediacom's Monopoly on Cable Service [Staff response included]; C. Joseph Holland, Holland & Anderson LLP regarding Time Limits on Speakers before Council; Jack Young regarding Airport Commission Appointment (appointment to be made at the March 2 meeting); Riverside Theatre: Jody Hovland and Ron Clark, David Rust, Julie Schweser, Stephen Bender; John Krstenansky regarding Transit Service. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Jean Walker, 335 Lucon Drive, Melrose Avenue Neighborhood representative, appeared regarding the Melrose Avenue/Grand Avenue traffic study. Moved by Champion, seconded by Wilburn, to accept correspondence. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Crissy Canganelli and Dottie Persson, Executive Director and Board President of Shelter House respectfully, appeared formally requesting purchase of City owned property between Highland Court and Gilbert Court. The Mayor indicated the matter would be scheduled for an upcoming work session. Moved by O'Donnell, seconded by Wilburn, to accept correspondence. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Mike Emalfarb, 510 S. Van Buren, appeared regarding a recent burglary at his apartment. Moved by Champion, seconded by Vanderhoef, to set a public hearing for February 17 on an ordinance amending the zoning code regarding requirements for religious institutions in the Commercial Office (CO-1) Zone. The Mayor declared the motion carried, 7/0, all Council Members present. Correspondence received from Duane Brenneman, Robert Nelson, Henry Wen. A public hearing was held on an ordinance rezoning approximately 1.26-acres of property from Central Business Support Zone (CB-5) to Public/Central Business Support Zone (P/CB-5) for the east half of Block 102 except 301 South Dubuque Street (Court Street Transportation Center). No one appeared. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance rezoning approximately 1.26-acres of property from Central Business Support Zone (CB-5) to Public/Central Business Support Zone (P/CB-5) for the east half of Block 102 except 301 South Dubuque Street (Court Street Transportation Center), be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Complete Description February 3, 2004 Page 4 A public hearing was held on an ordinance vacating a portion of the right-of-way located adjacent to 425 Beldon Avenue. No one appeared. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance vacating a portion of the right-of-way located adjacent to 425 Beldon Avenue, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning approximately 119.94 acres from Interim Development Single-Family, IDRS, and Interim Development Multi-Family, IDRM, to Planned Development Housing Overlay - Single Family Residential, OPDH~5, subject to conditions, for property located south of Pepperwood Addition and east of Gilbert Street (Sandhill Estates). The following individuals appeared: Atty. Joe Holland and Glenn Siders representing the applicant, Southgate Companies; Dave and Lori KIockau, 1031 Briar Drive. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Lori and David KIockau and Steven Nelson. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Majority of Council agreed to set a special meeting later in the week for further consideration of the item. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance rezoning approximately 119.94 acres from Interim Development Single-Family, IDRS, and Interim Development Multi-Family, IDRM, to Planned Development Housing Overlay - Single Family Residential, OPDH-5, subject to conditions, for property located south of Pepperwood Addition and east of Gilbert Street (Sandhill Estates) be given first vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 4/3, with the following division of roll call vote. Ayes: Champion, Elliott, Lehman, O'Donnell. Nays: Wilburn, Bailey, Champion. Moved by O'Donnell, seconded by Vanderhoef, that ORD. 04-4108, REZONING 16.1 ACRES FROM RESIDENTIAL FACTORY BUILT HOUSING RESIDENTIAL (RFBH) TO PLANNED DEVELOPMENT HOUSING OVERLAY-12 (OPDH-12)AND AN OPDH PLAN FOR PROPERTY ON HEINZ ROAD (Saddlebrook), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Bailey, to defer to February 17 an ordinance rezoning approximately 26.98 acres from Highway Commercial, CH-l, to Sensitive Areas Overlay (SAO/CH-1) for property located west of Mormon Trek Boulevard and south of Highway 1 and a resolution approving the preliminary plat of J JR Davis Addition, Iowa City, Iowa. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution instituting proceedings to take additional action for the authorization of $7,305,000 General Obligation Bonds, Taxable Series 2004. No one appeared. Moved by Champion, seconded by O'Donnell, to adopt RES. 04-30, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF $7,305,000 GENERAL OBLIGATION BONDS, TAXABLE SERIES 2004. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Elliott, to adopt RES. 04-31, DIRECTING SALE OF $7,305,000 GENERAL OBLIGATION BONDS, TAXABLE SERIES 2004. Finance Director Complete Description Februaw 3,2004 Page 5 O'Malley 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, that the ordinance amending Title 10 of the City Code, entitled "Use of Public Ways and Property," to create a uniform permitting process, to establish requirements for the Farmers Market, to provide for the noncommercial placement of objects in City Plaza on a temporary basis, to modify the provision on residential picketing, to clarify the current provisions regulating mobile vendors and ambulatory vendors, to codify specific administrative rules affecting said vendors, and to make additional nonsubstantive changes, be given first vote. Caroline Dieterle, Walnut Street, appeared. City Atty. Dilkes present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bliott, seconded by O'Donnell, to accept correspondence from Bruce Nestor. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Vanderhoef, to defer to February 17 an ordinance amending Title 3 entitled "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties"; amending Title 14 entitled "Unified Development Code," Chapter 3, "City Utilities," Article A, "General Provisions," Section 14-3A- 2, "Definitions," and Section 14-3A-4, "Rates and Charges for City Utilities: and; amending Title 14 entitled "Unified Development Code," Chapter 3, "City Utilities, Article G, "Stormwater Collection, Discharge and Runoff," to create a Stormwater Utility and establish a Stormwater Utility Fee. The Mayor declared motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to accept correspondence from Patrick Guard, Chamber of Commerce President. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, that ORD. 04-4109, AMENDING TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE", CHAPTER 4, ENTITLED "LAND CONTROL AND DEVELOPMENT", ARTICLE C, ENTITLED "HISTORIC PRESERVATION REGULATIONS", TO ADD CERTAIN PROVISIONS TO SECTION 4, ENTITLED "RULES OF THE COMMISSION" AND CERTAIN PROVISIONS TO SECTION 7, ENTITLED "APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS", IN ORDER TO ALLOW FOR THE APPOINTMENT OF A HISTORIC REVIEW SUBCOMMITTEE TO REVIEW APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Wilbum, seconded by Champion, to adopt RES. 04-32, AMENDING THE BY-LAWS OF THE HISTORIC PRESERVATION COMMISSION. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to adopt Rr:S. 04-33, ADOPTING REVISED DESIGN GUIDELINES AND PROCEDURES FOR REVIEW OF PROJECTS THAT CHANGE THE EXTERIOR APPEARANCE OF PROPERTIES IN HISTORIC AND CONSERVATION DISTRICTS AND HISTORIC LANDMARKS. 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. 04-34, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ADDENDUM TO A LEASE OF THE UNION BUS DEPOT PROPERTY, 404 EAST COLLEGE STREET, PURSUANT TO Complete Description February 3, 2004 Page 6 WHICH GREYHOUND LINES, INC. WILL RENEW ITS LEASE FOR ATERM OF ONE YEAR. 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. 04-35, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN ADDENDUM TO THE AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE BURLINGTON STREET BRIDGE RECONSTRUCTION PROJECT OVER RALSTON CREEK, BRF-1-5(54)-- 38-52. 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. 04-36, AUTHORIZING EXECUTION OF A ONE-YEAR AGREEMENT BETWEEN JOHNSON COUNTY, IOWA AND THE CITY OF IOWA CITY IN WHICH JOHNSON COUNTY AGREES TO PROVIDE $75,000 TO SUPPORT THE OPERATIONAL COST OF THE SENIOR CENTER IN FISCAL YEAR 2004. 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 approve a tentative agreement between the Iowa City Association of Professional Firefighters, IAFF, AFL-CIO, Local #610 and the City of Iowa City. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor announced the following Board and Commission openings received no applications and will be readvertised: Airport Zoning Commission to fill a six-year term January 1,2004 - December 31,2009; Airport Commission to fill an unexpired term ending March 1,2007. Airport Zoning Brd of Adjustment to fill an unexpired plus a five-year term ending December 31,2008; Historic Preservation Commission (Woodlawn District Representative) to fill a three-year term March 29, 2003 - March 29, 2006. The Mayor noted the previously-announced vacancies: Airport Commission to fill a six- year term March 1, 2004 - March 1, 2010. Civil Service Commission to fill a four-year term April 5, 2004 -April 7, 2008; Historic Preservation Commission to fill three vacancies, (1) At- Large, (1) Brown Street District Rep, (1) Summit Street District Rep, for three-year terms March 29, 2004 - March 29, 2007; Telecommunications Commission to fill a three-year term March 13, 2004 - March 13, 2007. Applications must be received by 5:00 p.m., Wednesday, February 25, 2004. The Mayor noted the current vacancies: Parks and Recreation Commission to fill an unexpired term ending January 1, 2006. Correspondence included in Council Packet. Applications must be received by 5:00 p.m., Wednesday, March 10, 2004. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Kevin Boyd. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Bailey noted the recent death of Susan Schechter, and sent condolences to her family. Mayor Pro tem Wilburn stated Pat Gilroy had passed away, and stated she would be missed in the community. Council Member Vanderhoef requested an update of the City Code review be scheduled. Majority agreed to schedule for an upcoming work session. Complete Description February 3, 2004 Page 7 Council Member O'Donnell stated he had received a phone call regarding an accumulation of ice in the alley between the Senior Center and the parking facility, City Manager stated he had followed up on the request and encouraged individuals to let the City know of areas that may have been missed; noted a potential problem in the parking facility with pigeons; and thanked City street crews for their work. The Mayor asked the City Clerk to schedule a special meeting later in the week for consideration of the Sandhill Estates rezoning; and reported on a series of meeting with Council Member and University of Iowa President and Vice Presidents. Moved by Vanderhoef, seconded by O'Donnell, to adjourn 8:45 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk 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 5, 2004 Iowa City City Council special meeting 1:30 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, EIliott, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr. Council minutes tape recorded on Tape 04-20; Side 2. Moved by O'Donnell, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 04-4110, REZONING APPROXIMATELY 119.94 ACRES FROM INTERIM DEVELOPMENT SINGLE-FAMILY, IDRS, AND INTERIM DEVELOPMENT MULTI-FAMILY, IDRM, TO PLANNED DEVELOPMENT HOUSING OVERLAY - SINGLE FAMILY RESIDENTIAL, OPDH-5, SUBJECT TO CONDITIONS, FOR PROPERTY LOCATED SOUTH OF PEPPERWOOD ADDITION AND EAST OF GILBERT STREET, be voted on for final passage at this time. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance be adopted at this time. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote. Ayes: O'Donnell, Vanderhoef, Champion, Elliott, Lehman. Nays: Bailey, Wilburn. Absent: None. Correspondence received from Steven Nelson. Moved by Vanderhoef, seconded by O'Donnell, to adjourn special meeting at 1 :$2 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk