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HomeMy WebLinkAbout2004-03-16 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 MARCH 16, 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, Dilkes, Karr, Winkelhake, Johnson, Gist, Franklin, Rackis, Boelk. Council minutes tape recorded on Tape 04-26; Both Sides. The Cub Scouts, Pack 210 from Regina presented Police Officer Gist and Gallo with a check. 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: Approval of Council Actions, subject to corrections, as recommended by the City Clerk. March 1, Regular Work Session; March 1, Special Council Formal Official and Complete; March 2, Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action). Iowa Historic Preservation Commission - 2004 Work Plan; Senior Center Commission - January 20, 2004; Public Art Advisory Committee - February 5, 2004; Board of Appeals - February 9, 2004; Police Citizens Review Board - February 10, 2004 Recommendations to Council: Accept PCRB Report on Complaint #03- 11. Planning and Zoning Commission - February 19, 2004 Recommendations to Council: Approve the final plat of Galway Hills Part 9. Approve the final plat of Galway Hills Part 8. Approve the final plat of Windsor Ridge Part 19B. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: Class C Liquor License for Hanrahan, Inc., dba Hanrahan's Pub, 210 N. Linn St.; Class C Liquor License for One Poor Student, Inc., dba One-Eyed Jake's, 18-20 S. Clinton St.; Special Class C Liquor License for Freshmex Iowa City, LLC, Panchero's Mexican Grill, 965 S. Riverside Dr.; RES. 04-69, TO ISSUE DANCE PERMIT to One Poor Student, Inc., dba One-Eyed Jake's, 18-20 S. Clinton St.; RES. 04-70, TO ISSUE CIGARE'I-FE PERMIT for Whateva...We Can Deliva, 411 Peterson St. #5.(NEW); Special Class C Liquor License for Sushi Po Po Corp., dba Sushi Po Po, 725 Mormon Trek Blvd. Setting Public Hearings: SETTING A PUBLIC HEARING AT 7:00 P.M. ON TUESDAY, APRIL 6, 2004 TO RECEIVE PUBLIC COMMENTS REGARDING ORDINANCES ADOPTING THE 2003 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL FIRE CODE, UNIFORM PLUMBING CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL FUEL GAS CODE, AND 2002 NATIONAL ELECTRIC CODE. Resolutions: RES. 04-71, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR THE TEMPORARY USE Complete Description March 16, 2004 Page 2 OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY, IOWA, MOKA JAVA, L.L.C., AND MIKE AND MARTY ENTERPRISES, INC. D/B/A QUINTON'S BAR AND DELI, FOR A SIDEWALK CAFI~. RES. 04-72, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE FOR BUSINESS PROPERTY WITH THE JOHNSON COUNTY AGRICULTURAL ASSOCIATION FOR RENTAL OF THE JOHNSON COUNTY4-H BUILDING IN IOWA CITY, IOWA FOR PURPOSES OF STORAGE OF CITY EQUIPMENT. RES. 04-73, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1023 FRIENDLY AVENUE, IOWA CITY, IOWA. RES. 04-74, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FULL SPECTRUM LENDING, DAVENPORT, IOWA FOR PROPERTY LOCATED AT 2132 HOLLYWOOD BOULEVARD, IOWA CITY, IOWA. RES. 04-75, AUTHORIZING AND DIRECTING THE JOHNSON COUNTY AUDITOR TO SUBMIT TO THE VOTERS THE QUESTIONS OF WHETHER IOWA CITY SHOULD BE AUTHORIZED TO ESTABLISH AS A CITY UTILITY AN ELECTRIC LIGHT AND POWER PLANT AND SYSTEM AND WHETHER TO PLACE THE MANAGEMENT AND CONTROL OF SAID UTILITY IN A FIVE-MEMBER BOARD OF TRUSTEES. RES. 04-76, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE PARTIAL RELEASE OF A STORM SEWER AND DRAINAGE EASEMENT, AND A NEW STORM SEWER AND DRAINAGE EASEMENT AGREEMENT, ON LOTS 205 AND 206 OF WINDSOR RIDGE - PART TEN, LOCATED ON DRYDEN COURT. Correspondence: JCCOG Traffic Engineering Planner regarding changing parking meter term in the 200 block of S. Linn Street from 1 hour to 2 hours; change parking meter term in the 100 block of S. Linn Street from 1 hour to 2 hours. JCCOG Traffic Engineering Planner regarding add IOWA CITY TRANSIT, CORALVILLE TRANSIT and/or CAMBUS LOADING ZONE ONLY to existing BUS STOP signs on the 10 block of Clinton Street and the 10 block of Washington Street; JCCOG Traffic Engineering Planner regarding relocation of Iowa City Transit bus stop from the east side of the intersection of ACT Circle and Dodge Street to the east side of the intersection of Scott Boulevard and Dodge Street. Santhi Hejeebu regarding Rezoning of Galway Hills Part 4; Jim Zangger regarding Aviation Budget Cut; Doug Easton regarding Refusal of Same-Sex Marriage Licenses; Maryann Dennis, Greater Iowa City Housing Fellowship regarding Voluntary Payment in Lieu of Taxes; Jim Knapp regarding Questions for Planning Staff [Response from Rob Bignell included]; Mary Cobum regarding 4th Avenue & A Street [Staff response included]; Michelle Jones regarding Smoking Ban Does Not Hurt Business; Sarah Walz regarding New Guide for Student Renters Now Available; Visual Preference Survey: Don Anciaux (Chair, Planning & Zoning Commission) Garry Klein, Lee and Susan Eberly, Linda Tomblin, Rob Phipps (Homebuilders Assoc.) [City Manager response included]; Irvin Pfab regarding Inmate's Exoneration Renews Calls For an "Innocence" Panel; Pat Cancilla regarding League of Women's Voters Requesting Council Time; Tim Weitzel regarding Historic Preservation Commission; Kenny Dye regarding U.A.Y. [Staff response included] Complete Description Mamh 16, 2004 Page 3 Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Champion, to set a public hearing for April 6 on an ordinance rezoning approximately 32,000 square feet from Central Business Service Zone (CB-2) to High Density Multi-Family Residential Zone (RM-44) for property located at 302 and 305 South Gilbert Street. 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 April 6 on an ordinance rezoning approximately 24.1 acres from Interim Development Residential Zone (ID- RS) to Low Density Single-Family Residential Zone (RS-5), subject to conditions, for property located on South Sycamore Street, east of Southpoint Subdivision. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, that ORD. 04-4114, AMENDING THE ZONING CODE REGARDING REQUIREMENTS FOR RELIGIOUS INSTITUTIONS IN THE COMMERCIAL OFFICE (CO-1) ZONE (The Church of Iowa City), be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by Elliott, to adopt RES. 04-77, APPROVING THE FINAL PLAT OF GALWAY HILLS, PART 9, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Bailey, to adopt RES. 04-78, APPROVING THE FINAL PLAT OF GALWAY HILLS, PART 8, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on conveyance of the twenty foot wide by eight hundred twenty foot long parcel of property located within and along the northern boundary of Lot 3, Ruppert Hills subdivision, to Raycal, Iowa Ltd. No one appeared. Moved by Champion, seconded by O'Donnell, to adopt RES. 04-79, AUTHORIZING CONVEYANCE OF THE TWENTY FOOT WIDE BY EIGHT HUNDRED TWENTY FOOT LONG PARCEL OF PROPERTY LOCATED WITHIN AND ALONG THE NORTHERN BOUNDARY OF LOT 3, RUPPERT HILLS SUBDIVISION, TO RAYCAL, IOWA LTD. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, and estimate of cost for construction of the Highway 6 Sidewalk Extension Project (STP-E-3715(624--8V-52) and directing City Clerk to publish advertisement for bids. No one appeared. Moved by Wilburn, seconded by Vanderhoef, to adopt RES. 04-80, APPROVING PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE HIGHWAY 6 SIDEWALK EXTENSION PROJECT (STP-E-3715(624)--$V-52), AND DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on the filing of the Consolidated Transit Funding application with the Iowa Department of Transportation for FY05 Iowa DOT State Transit Assistance and Federal Transit Administration Funding. No one appeared. Complete Description March 16, 2004 Page 4 Moved by Vanderhoef, seconded by Bailey, to adopt RES. 04-81, AUTHORIZING THE FILING OF THE CONSOLIDATED TRANSIT FUNDING APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY05 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on instituting proceedings to take additional action for the issuance of not to exceed $18,150,000 Sewer Revenue Refunding Bonds. City Mgr. Atkins summarized the sewer upgrade program, and refinancing option. Moved by O'Donnell, seconded by Wilburn, to adopt RES. 04-82, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $18,150,000 SEWER REVENUE REFUNDING BONDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held instituting proceedings to take additional action for the issuance of not to exceed $17,000,000 General Obligation Refunding bonds. Moved by Vanderhoef, seconded by Champion, to adopt RES. 04-83, INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $17,000,000 GENERAL OBLIGATION REFUNDING BONDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Elliott, 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 passed and adopted. Individual Council Members expressed their views. Moved by Bailey, seconded by Elliott, to amend the ordinance as detailed in City Attorney memos of March 10 and March 16. The following individuals appeared: Julie Spears, 1019 Church St.; Peter Hanson, 1203 Cambria Ct.; Caroline Dieterle, 727 Walnut St.; Carol de Prosse, Lone Tree. The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. Original motion withdrawn, motioner and seconder moved to give first consideration of the ordinance as amended. Affirmative roll call vote unanimous on first consideration as amended, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Wilburn, to accept correspondence from Peter Hansen, Carol de Prosse, Caroline Dieterle, Evan Fales, Robert Givens, Garry Klein, Julie Spears and Hanna Weston. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Bailey, to give second consideration to the ordinance creating a stormwater utility and establishing a stormwater utility fee. Original motion withdrawn. Moved by Bailey, seconded by Vanderhoef, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 04-4115, AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, Complete Description March 16, 2004 Page 5 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, "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," TO CREATE A STORMWATER UTILITY AND ESTABLISH A STORMWATER UTILITY FEE, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Bailey, seconded by Vanderhoef, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Bailey, that the ordinance amending Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," and Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled ,'Parks and Recreation Regulations," Section 2, entitled "Prohibited Actions in Parks and Playgrounds" to allow for the sale, possession, and consumption of beer and wine under limited circumstances in a city park, on public right-of-way, or on a city ground, excluding city buildings, pursuant to a written agreement with the city, be given second vote. Individual Council Members expressed their views. Moved by Vanderhoef, seconded by Bailey, to amend the ordinance by adding to 4-5-8 ".... or the licensed premises is an "authorized entity" which has entered into an agreement with the City for use of an "authorized site" in a city park, pursuant to Section 4-5-3D of the City Code...", as recommended by the City Attorney. The Mayor declared the motion to amend carried, 6/1, with the following division of voice vote: Ayes: Bailey, Champion, Elliott, O'Donnell, Vanderhoef, Wilburn. Nays: Lehman. Absent: None. The following individuals appeared: Susan Goodner, 4649 Running Deer Court, NE; Mary Khowassah, 46 Kennedy Parkway; Mary Larew, 228 Woolf Ave.; and Sarah Hanson, 711 Kimball Rd. Original motion withdrawn, motioner and seconder moved to give first consideration of the ordinance as amended. The Mayor declared the motion to give the amended ordinance first consideration carried, 6/1, with the following division of roll call vote: Ayes: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott. Nays: Lehman. Absent: None. Moved by Vanderhoef, seconded by Wilburn, to accept correspondence from: Patricia McNichol, Lawrence Mossman, Carolyn Otis, Sanford Markham, Marilyn Holland, Mary Hacker, and Elizabeth King. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance amending the City Code, Title 9, "Motor Vehicles and Traffic", Chapter 5, "Parking Meter Zones and Parking Lots", Section 3, "Parking in Metered Zones", to include multi-space parking meters or pay stations, be given first vote. Individual Council Members expressed their views. Majority requested a summary of design options available for the Court Street facility concerning pay stations. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on the Iowa City Housing Authority's Annual Plan (Fiscal Year 2004). No one appeared. Moved by Champion, seconded by O'Donnell, to adopt RES. 04-84, APPROVING THE IOWA CITY HOUSING AUTHORITY'S ANNUAL PLAN (FISCAL YEAR 2004). Affirmative roll Complete Description March 16, 2004 Page 6 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. 04-85, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WATERWORKS (PRAIRIE) PARK BUTLER HOUSE/AMPHITHEATER TRAILS PROJECT to Metro Pavers, Inc. for $122,348.00. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 04-86, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR A FEDERAL AID PROJECT FOR THE REPLACEMENT OF THE MEADOW STREET BRIDGE, WHICH SPANS RALSTON CREEK. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by EIliott, to adopt RES. 04-87, AUTHORIZING ']'HE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FIRST AMENDMENT TO THE AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND DEVELOPER MGD, L.C. FOR THE REDEVELQPMENT OF SYCAMORE MALL. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Wilburn, to adopt RES. 04-88, ESTABLISHING CHARTER REVIEW COMMISSION. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Vanderhoef, to make the following appointments to Boards and Commissions: Re-appoint Brian Sponcil, 333 Woodside Drive, to the Airport Zoning Commission to fill a six-year term January 1, 2004 - December 31,2009; appoint John Krstenansky, 1511 W. Benton Street, to the Airport Commission to fill an unexpired term ending March 1,2007; appoint Justine Zimmer, 445-1/2 Clarke Street, to the Historic Preservation Commission to fill an At-Large three-year term March 29, 2004 - March 29, 2007; appoint Ryan O'Leary, 1924 Muscatine Avenue, to the Parks and Recreation Commission to fill an unexpired term ending January 1,2006. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted no applications were received for Airport Zoning Brd of Adjustment to fill an unexpired plus a five-year term ending December 31,2008, and the Historic Preservation Commission for a (Woodlawn District Representative) to fill a three-year term March 29, 2003 - March 29, 2006. Both 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.] The Mayor noted the current vacancies: Airport Zoning Brd of Adjustment to fill an unexpired term ending December 31,2006; Charter Review Commission to fill nine vacancies for a one-year term ending May 4, 2005; Human Rights Commission to fill an unexpired term ending January 1, 2005. Applications must be received by 5:00 p.m., Wednesday, April 28, 2004. Moved by Vanderhoef, seconded by Bailey, to accept correspondence from Glenn Ehrstine, Kerry McGrath, Amy Smothers, Lowell Soike and Rick Spooner. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description March 16, 2004 Page 7 Council Member Bailey requested an update on the coal tar site clean up at Burlington and Van Buren Streets. City Atty. Dilkes stated she would have Asst. City Atty. Matthews prepared a summary memo. Mayor Pro tem Wilburn stated he would be performing in the pit orchestra in the Iowa City Community Theater "Man of LaMancia". Council Member Vanderhoef noted the new brochure "Stepping Off Campus" for renters new to the community, and encouraged everyone to pick up a copy at City Hall. Council Member O'Donnell stated he was supporting the request to serve alcohol at the Shakespearean Theatre, noting other communities allow such activities and he had faith the group will monitor the site in accordance with regulations; and extended sympathy to Police Chief Winkelhake on the recent death of his brother. Council Member Elliott urged citizens to do more meaningful lobbying with legislators to allow cities to make meaningful fines when abuses cause problems to people; and stated he would be distributing a list of topics he'd like discussed at special one half day work sessions. Mayor Lehman noted the recent expansions of Alpla and United Natural Foods, stating both expressed appreciation to Iowa City, including the City housing inspection and planning departments; and emphasized the importance of applications being received for the Charter Review Commission. Moved by Wilburn, seconded by Vanderhoef, to adjourn meeting at 8:40 p.m. The Mayor declared the motion carried unanimously, 7/0,~1 Council Members pre_sent. Ernest W. Lehman, Mayor I~lar~n K. Karr, City Clerk Date: March 1,2004 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, March 1, 2004, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Elliott, Lehman, O'Donnel~, Vanderhoef, Wilbum Staff: Atkins, Hel~ing, Dilkes, Karr, Franklin, Craig, Trueblood Tapes: 04-22, Side 2; 04-24, 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. ORDINANCE AMENDING THE ZONING CODE REGARDING REQUIREMENTS FOR RELIGIOUS INSTITUTIONS IN THE COMMERCIAL OFFICE (CO-1) ZONE. (SECOND CONSIDERATION) (The Church of Iowa City) B. 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. (REZ03-00028) (PASS AND ADOPT) (Court Street Transportation Center) C. ORDINANCE VACATING A PORTION OF THE RIGHT-OF-WAY LOCATED ADJACENT TO 425 BELDON AVENUE. (VAC03-00004) (PASS AND ADOPT) D. RESOLUTION APPROVING THE FINAL PLAT OF GALWAY HILLS, PART 9. (SUB04- 00002) PCD Director Franklin stated both items D and E should be deferred to March 16 due to problems with legal papers. E. RESOLUTION APPROVING THE FINAL PLAT OF GALWAY HILLS, PART 8. (SUB04- 00003) See previous item. F. RESOLUTION APPROVING THE FINAL PLAT OF WINDSOR RIDGE, PART 19B. (SUB04-00004) Council Work Session March 1, 2004 Page 2 AGENDA ITEMS 1. (Item # 13 - Resolution approving ... listing agreements ... Kevin Hanick ... Iowa City Public Library) In response to Council Member Vanderhoef, Library Director Craig said the lease agreement provided for 6% of the base lease value, and outlined thoughts the Library Board had when considering tenants. 2. (Item # 15 - Resolution adopting ...budget ... Human Services Aid to Agencies ...) Wilburn left the meeting due to a conflict of interest. In response to Champion, the City Manager stated agencies had been notified of reductions in June that affected fiscal year '04 and the projection for '05. Council agreed that agency program presentations would be scheduled throughout the coming year and that time be set aside to discuss allocating specific amounts to specific agencies in the budget deliberation next year. Council requested The ARC be scheduled around the same time as Mayor's Youth. 3. (Item # 17 - Resolution names ... Benton Hill Park) In response to Council Member Elliott, Parks & Recreation Director Trueblood stated most neighborhood parks do not have parking lots. COUNCIL APPOINTMENTS Airport Commission - Carl Williams Civil Service Commission - Dorothy Maher Historic Preservation Commission - Michael Brennan (At-Large) James Ponto (Brown Street) Michael Gunn (Summit Street) Telecommunications Commission - Brett Castillo AGENDA ITEMS (continued) 4. (item # 9 - Ordinance amending Title 3 ... Stormwater Utility Fee) Council Member O'Donnell stated he still was uncomfortable with the proposed ordinance but would be supporting it because of Chamber support. COUNCIL TIME 1. (IP7 of 2/26 Info Packet) In response to Mayor Lehman, the City Manager reviewed the proposed Visual Preference Study. Majority of Council agreed to schedule the matter for discussion at their March 15 work session. 2. Council Member Elliott stated he would be voting for the budget, but requested that Council work with the City Manager later in the year to facilitate a fire station on the north side, and staffing issues associated with the project. Council Work Session March 1, 2004 Page 3 3. Mayor Pro tem Wilburn expressed kudos to the City Manager and staff for planfully managing the City through tight times, noting other neighboring cities facing budget issues. 4. Council Member O'Donnell requested that streets crews be alerted the large potholes needing repair. The City Manager reminded Council that the current procedure to cold patch, noting new equipment is being purchased for next year that will heat the asphalt spot. 5. Council Member Bailey asked the new recycling coordinator to make recycling available during downtown festivals. Council Member Champion request consideration of containers year round. 6. In response to Council Member Champion, the City Manager stated street cleaning would begin the week of spring break. RIVERSIDE THEATRE .(Item # 12) After discussion the majority of Council directed the City Attorney to amend the ordinance to include an annual agreement and include City streets/property by tomorrow's formal meeting. STAFF ACTION: Amended ordinance to be prepared, distributed, and given first vote at the formal meeting March 2. (Dilkes) SCATTERED SITE HOUSING COMMITTEE (IP5 of 2/19 info Packet) Mayor Lehman reported that Matt Hayek from HCDC will chair the committee. Other potential group members could be School District (2), Board of Supervisors (1), United Way (1), City staff (2 non-voting ex officio), HCDC members (Hayek plus 1) and City Council. After discussion a majority of Council agreed to schedule the matter for the March 15 work session and ask Mr. Hayek to report on possible vision on members and focus. PCD Director Franklin present for discussion. The City Attorney stated that it would appear the Committee would be a governmental body subject to open meetings, and minutes would be kept and anybody could attend and listen. STAFF ACTION: Schedule for March 15 work session. (Karr) SUMMER SCHEDULE Council agreed to the following changes in the regular meeting schedule: May 31 - cancel work session due to holiday June 1 - combined special work session and regular formal June 14 - regular work session June 15 - regular formal Council Work Session March 1, 2004 Page 4 July 5 - cancel work session due to holiday July 6 - combined special work session and regular formal July 19, 20 - cancelled August 2 - regular work session August 3 - regular formal August 16, 17 - cancelled August 30 - special work session August 31 - special formal September 6, 7 - cancelled Regular (first and third Tuesday) schedule resumes September 20 with regular work session and September 21 with regular formal. STAFF ACTION: Distribute revised schedule at formal meeting Tuesday evening and include in Thursday packet. (Kart) Meeting adjourned 8:35 PM. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 3/1/04 Iowa City City Council special meeting 7:00 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: None. A public hearing was held 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. Moved and seconded to adjourn the special meeting at 7:08 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 Sub mitt~d for publication - 3/9/04. 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 - 3/2/04 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 proclaimed: Mental Retardation Awareness Month, Board President Jeff Barta and Executive Director ARC Barbara Bolton, accepting; International Women's Month, Karen Kubby, Executive Director of Emma Goldman Clinic, accepting. The Mayor presented Outstanding Student Citizenship Awards to Grant Wood Elementary students: Kyven Gadson, Alex Koch, Elizabeth Triplett. Council Member Elliott welcomed a journalism class from the University of Iowa. Moved and seconded 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. February 17, Special Work Session; February 17, Regular 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 Board of Appeals - November 3, 2003; Iowa City Board of Adjustment - December 10, 2003; Senior Center Commission - December 15, 2003; Iowa City Airport Commission - January 8, 2004; Parks and Recreation Commission - January 14, 2004; Iowa City Public Library - January 22, 2004; Housing and Community Development Commission - January 15, 2004 Recommendation to Council: Recaptured Funds Policy: Unsuccessful or Delayed Projects Policy-Hayek said that last month the Commission made a few changes to paragraph one of the policy. Planning and Zoning Commission: January 15, 2004 Recommendations to Council: Recommended approval, by a vote of 7-0, to amend the Zoning Code as follows: Delete the following paragraph from subsection 14-6E-lC. Provisional Uses: 2. Religious institutions, subject to the requirements of Article L of this chapter." Add the following paragraph to subsection 14-6E-1D. Special Exceptions: 6. Religious Institutions: (The remaining paragraphs in subsection 14-6E-1D should be renumbered accordingly.). Telecommunications Commission: January 26, 2004. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: 1. Class C Liquor License for Okoboji Grill, 1857 Lower Muscatine Rd.; Outdoor Service Area for Okoboji Grill, 1857 Lower Muscatine Rd.; Class C Beer Permit for Deli Mart #2, 1920 Lower Muscatine Rd. Official Actions March 2, 2004 Page 2 Motions: approve disbursements in the amount of $11,714,042.41 for the period of January 1 through January 31,2004 as recommended by the Finance Director subject to audit. Setting Public Hearings: RES. 04-54, INTENT TO CONVEY TWENTY FOOT WIDE BY EIGHT HUNDRED TWENTY FOOT LONG PARCEL OF PROPERTY LOCATED WITHIN LOT 3, RUPPERT HILLS SUBDIVISION, TO TAYCAL, IOWA LTD., AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR MARCH 16, 2004. RES. 04-55, SETTING A PUBLIC HEARING for March 16, 2004, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHWAY 6 SIDEWALK EXTENSION PROJECT (STP-E-3715(624)--SV-52), DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 04-56, FIXING DATE FORA MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $18,150,000 SEWER REVENUE REFUNDING BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 04-57, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $17,000,000 GENERAL OBLIGATION REFUNDING BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 04-58, AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE A PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT SEGMENT A OF THE CAMP CARDINAL ROAD PROJECT AND TO ACQUIRE PROPERTY FOR THIS SEGMENT OF THE PROJECT; AND SETTING DATE OF PUBLIC HEARING for April 6, 2004. Resolutions: RES. 04-59, 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, LUBIN TRUST, AND MOTIF, LTD. D/B/A BO-JAMES FOR A SIDEWALK CAFI~. Correspondence: JCCOG Traffic Engineering Planner regarding - Removal of NO PARKING 8 A.M.-5 P.M. MON-FRI signs and installation of 2 HR LIMIT PARKING 8 A.M.-5 P.M. MON-FRI signs on the west side of Mullin Avenue between Highwood Street and River Street; JCCOG Traffic Engineering Planner regarding Installation of HANDICAP PARKING in the 800 block of 3rd Avenue; JCCOG Traffic Engineering Planner regarding Renewal of three cab stations located in the 400 block of College Street and one cab stand on South Linn Street. Installation of a new parking meter number C411 E, 2-hour time limit at 40 cents per hour in the 400 block of College Street where one cab station will not be renewed; JCCOG Traffic Engineering Planner regarding Installation of NO PARKING CORNER TO HERE signs on the north side of Iowa Avenue approximately 25' west of the intersection with Dodge Street and on the west side of N. Summit Street approximately 25' south of the intersection with Dewey Street; JCCOG Traffic Engineering Planner regarding Installation of two NO PARKING ANY TIME signs on the north side of Cress Park Avenue between Keokuk Street and the second driveway to the east; The Shelter House - Donna Hirst, Nate Steele; Riverside Theatre - Carolyn Cavitt, Claire Joseph; Melvin Rivers regarding Hate Crime [staff response included]; Caroline Dieterle regarding Conviction of Protestors in Texas; Official Actions * Revised 3/17/04 March 2, 2004 Page 3 Patricia N. Ephgrave regarding Serving our Senior Citizens; Bruce Titus, Carlos O'Kelly's General Manager regarding Non-Smoking Ordinance; Jean Walker regarding Hope Lodge and Preservation of the Melrose Avenue Neighborhood. The Mayor declared the Mayor declared the motion carried. Moved and seconded that ordinance amending the zoning code regarding requirements for Religious Institutions in the Commercial Office (CO-1) zone, be given second vote. The Mayor declared the motion carried. Moved and seconded that ORD. 04-4112, 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, EXCLUDING 301 SOUTH DUBUQUE STREET, be passed and adopted. Moved and seconded that ORD. 04-4113, VACATING A PORTION OF THE RIGHT- OF-WAY LOCATED ADJACENT TO 425 BI:LDON AVENUE, be passed and adopted. Moved and seconded to defer to March 16 a resolution approving the final plat of Galway Hills, Part 9 and a resolution approving the final plat of Galway Hills, Part 8. The Mayor declared the motion carried. Moved and seconded to adopt RES. 04-60, APPROVING THE FINAL PLAT OF WINDSOR RIDGE, PART 19B. A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the 2004 Asphalt Resurfacing 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. 04-61, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2004 ASPHALT RESURFACING 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 authorizing conveyance of a vacated portion of the Grove Street Right-of-Way located westerly along the north property line of 425 Beldon Avenue to Paul and Joan Burns, owners of 425 Beldon Avenue, in exchange for their conveyance to the city of a 44 square foot parcel of private property located at the intersection of Grove Street and Beldon Avenue. Moved and seconded to adopt RES. 04-62, AUTHORIZING CONVEYANCE OF A VACATED PORTION OF THE GROVE STREET RIGHT-OF-WAY LOCATED WESTERLY ALONG THE NORTH PROPERTY LINE OF 425 BELDON AVENUE TO PAUL AND JOAN BURNS, OWNERS OF 425 BELDON AVENUE, IN EXCHANGE FOR THEIR CONVEYANCE TO THE CITY OF A 44 SQUARE FOOT PARCEL OF PRIVATE PROPERTY LOCATED AT THE INTERSECTION OF GROVE STREET AND BELDON AVENUE. A public hearing was held on ordinance amending Title 3 entitled "City Finances, Taxation & 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, "Storm Water Collection, Discharge and Runoff," to create a Stormwater Utility and establish a Stormwater Utility Fee. Official Actions March 2, 2004 Page 3 Patricia N. Ephgrave regarding Serving our Senior Citizens; Bruce Titus, Carlos O'Kelly's General Manager regarding Non-Smoking Ordinance; Jean Walker regarding Hope Lodge and Preservation of the Melrose Avenue Neighbol The Mayor declared the Mayor declared the motion carried. Moved ~nd seconded that ordinance amending the zonin! regarding requirements foY,,Religious Institutions in the Commercial Office I ) zone, be given second vote. The Mayor'~eclared the motion carried. Moved and'~econded that ORD. 04-4112, REZONING /~ ,i (IMATELY 1.26- ACRES OF PROPE-~TY FROM CENTRAL BUSINESS SUPI'/O ZONE (CB-5) TO PUBLIC/CENTRAL BI,}SINESS SUPPORT ZONE (P/CB-5) )F THE EAST HALF OF BLOCK 102, EXLUDII~ 301 SOUTH DUBUQUE STREE a passed and adopted. Moved and secon'~ed that ORD. 04-4113, VACATI \ PORTION OF THE RIGHT- OF-WAY LOCATED ADJACENT TO 425 BELDON AVE be passed and adopted. Moved and seconded.,to defer to March 16 a approving the final plat of Galway Hills, Part 9 and a re~(~lution approving the plat of Galway Hills, Part 8. The Mayor declared the motion carr'~d. Moved and seconded to ab[opt RES. THE FINAL PLAT OF WINDSOR RIDGE, PART 19B. ~ A public hearing was held on'l~ form of contract, and estimate of cost for construction of the 2004 AspH~ g Project, establishing amount of bid security to accompany each bid, Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. Moved and seconded to adopt )4-61, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND O~COST FOR THE CONSTRUCTION OF THE 2004 ASPHALT RESURFACING PF ', ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIR CI-I~ CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING PLACE FOP~RECEIPT OF BIDS. A public hearing was hek a resolution a~horizing conveyance of a vacated portion of the Grove Street Ri, located westedy alb~g the north property line of 425 Beldon Avenue to Paul and Joan Bu~ owners of 425 Beldoh Avenue, in exchange for their conveyance to the city of a uare foot parcel of private property located at the intersection of Grove Street and Beldo), ,ue. ~' Moved and seco~J( ~dopt RES. 04-62, AUTHORIZING CONVEYANCE OF A VACATED PORTION ~ ~F '1 GROVE STREET RIGHT-OF, WAY LOCATED WESTERLY ALONG THE 'RC ~TY LI ~IE OF 425 BELDON A~ENUE TO PAUL AND JOAN BURNS, 425 BELDON AVENUE, IN EXCHANG~E FOR THEIR CONVEYANCE TO THE CITY OF SQUARE FOOT PARCEL OF PRIVATE, PROPERTY LOCATED AT THE INTERSE OF GROVE STREET AND BELDON AVE~I~IUE. A publ was held on ordinance amending Title 3 entitled "City Finances, Taxation & Chapter 4, "Schedule of Fees, Rates, Charges,'Bonds, Fines, and g Title 14 entitled "Unified Development Code,"~Chapter 3, "City Utilities," Article / "General Provisions," Section 14-3A-2, "Definitions," and Section 14-3A-4, "Rates and es for City Utilities" and; amending Title 14 entitled "Unified 13,evelopment Code," Cha 3, "City Utilities," Article G, "Storm Water Collection, Discharge and Runoff," to create a Stormwater Utility and establish a Stormwater Utility Fee. Official Actions March 2, 2004 Page 4 Moved and seconded that the revised ordinance 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, "Storm Water Collection, Discharge and Runoff," to create a Stormwater Utility and establish a Stormwater Utility Fee, be given first vote. The Mayor declared the motion carried. Moved and seconded that 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, be passed and adopted. The Mayor declared the ordinance defeated unanimously. Moved and seconded that 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. The following individuals appeared: Caroline Dieterle, Walnut Street; Peter Hansen, 1203 Cambria Ct.; and Evan Fales, 1215 Oakcrest. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Caroline Dieterle and Eric Fisher. The Mayor declared the motion carried. Moved and seconded that ordinance amending Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," and Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 2, entitled "Prohibited Actions in Parks and Playgrounds" to allow for the sale, possession, and consumption of beer and wine under limited circumstances in a City Park, on public right-of- way, or on a City ground, excluding City buildings, pursuant to a written agreement with the city, as amended by Council discussion on March 1, be given first vote. Emma Mills, 1121 - 4th Avenue, appeared. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Mark Evans. The Mayor declared the motion carried. Moved and seconded to adopt RES. 04-63, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TWO LISTING AGREEMENTS WITH KEVlN HANICK OF LEPIC-KROEGER REALTORS TO LIST FOR LEASING THE COMMERCIAL SPACE WITHIN THE IOWA CITY PUBLIC LIBRARY. Moved and seconded to adopt RES. 04-64, ADOPTING THE ANNUAL BUDGET EXCLUDING HUMAN SERVICES AID TO AGENCIES FOR THE FISCAL YEAR ENDING JUNE 30, 2005. Moved and seconded to amend the budget by removing $10,000 from the Airport budget. The Mayor declared the motion to amend carried. Lyle Deeds, Iowa City Fire Fighter, appeared. Mayor Pro tern Wilburn left meeting due to a conflict of interest. Moved and seconded to adopt RES. 04-65, ADOPTING THE ANNUAL BUDGET FOR HUMAN SERVICES AID TO AGENCIES FOR THE FISCAL YEAR ENDING JUNE 30, 2005. Official Actions March 2, 2004 Page 5 Mayor Pro rem Wilburn returned to the meeting. Moved and seconded to adopt RES. 04-66, APPROVING THE FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, FOR FISCAL YEARS 2005 THROUGH 2007 AND THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2008. Moved and seconded to adopt RES. 04-67, NAMING A NEW NEIGHBORHOOD PARK "BENTON HILL PARK". Mayor Pro rem Wilburn left meeting due to a conflict of interest. Moved and seconded to adopt RES. 04-68, RESCINDING RESOLUTION 03-74 AND ADOPTING IN LIEU THEREOFA NEW RESOLUTION AMENDING THE POLICY FOR THE RECAPTURE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDS. Mayor Pro tem Wilburn returned to the meeting. Moved and seconded to make the following appointments to Board and Commissions: appoint Carl Williams, 15 S 7th Avenue, to the Airport Commission to fill a six-year term March 1, 2004 - March 1, 2010; appoint Dorothy Maher, 836 West Side Drive, to the Civil Service Commission to fill a four-year term April 5, 2004 - April 7, 2008; re-appoint James Pronto the to the Historic Preservation Commission Brown Street District Rep, to fill a three-year term March 29, 2004 - March 29, 2007; re-appoint Michael Gunn to the Historic Preservation Commission Summit Street District Rep, to fill three-year terms March 29, 2004 - March 29, 2007; The Historic Preservation appointment to fill a at-large three year term March 13, 2004 - March 13, 2007 is deferred to March 16; re-appoint Brett Castillo to the Telecommunications Commission to fill a three year term March 13, 2004 - March 13, 2007. The Mayor declared the motion carried. Moved and seconded to accept correspondence from John Krstenansky, Michael Maharry and Lowell Soike of the State Historical Society. The Mayor declared the motion carried. The Mayor noted the previously-announced 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 to fill a vacancy (Woodlawn District Representative) for a three-year term March 29, 2003 - March 29, 2006; Parks and Recreation Commission fill an unexpired term ending January 1, 2006. Applications must be received by 5:00 p.m., Wednesday, March 10, 2004. [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 8:40 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/Ernest W. Lehman, Mayor s/Marian K. Karr, City Clerk, , p ' ' - 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 MARCH 1, 2004 Iowa City City Council special meeting 7:00 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilbum. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, O'Malley, Craig, Trueblood, Mansfield, Franklin. A public hearing was held 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. No one appeared. Moved by O'Donnell, seconded by Bailey, to adjourn the special meeting at 7:08 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 MARCH 2, 2004 Iowa City City Council regular meeting 7:00 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Elliot[, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, Fosse, O'Malley, Boelk. Council minutes tape recorded on Tape 04-23; Both Sides. The Mayor proclaimed: Mental Retardation Awareness Month, Board President Jeff Barta and Executive Director ARC Barbara Bolton, accepting; International Women's Month, Karen Kubby, Executive Director of Emma Goldman Clinic, accepting. The Mayor presented Outstanding Student Citizenship Awards to Grant Wood Elementary students: Kyven Gadson, Alex Koch, Elizabeth Triplett. Council Member Elliott welcomed a journalism class from the University of Iowa. 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: Approval of Council Actions, subject to corrections, as recommended by the City Clerk. February 17, Special Work Session; February 17, Regular 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 Board of Appeals - November 3, 2003; Iowa City Board of Adjustment - December 10, 2003; Senior Center Commission - December 15, 2003; Iowa City Airport Commission - January 8, 2004; Parks and Recreation Commission - January 14, 2004; Iowa City Public Library - January 22, 2004; Housing and Community Development Commission - January 15, 2004 Recommendation to Council: Recaptured Funds Policy: Unsuccessful or Delayed Projects Policy-Hayek said that last month the Commission made a few changes to paragraph one of the policy. Planning and Zoning Commission: January 15, 2004 Recommendations to Council: Recommended approval, by a vote of 7-0, to amend the Zoning Code as follows: Delete the following paragraph from subsection 14-6E-1C. Provisional Uses: 2. Religious institutions, subject to the requirements of Article L of this chapter." Add the following paragraph to subsection 14-6E-1D. Special Exceptions: 6. Religious Institutions: (The remaining paragraphs in subsection 14-6E-1D should be renumbered accordingly.). Telecommunications Commission: January 26, 2004. Permit Motions and Resolutions as Recommended by the City Clerk. Renewals: 1. Class C Liquor License for Okoboji lC, LLC, dba Okoboji Grill, 1857 Lower Muscatine Rd.; Outdoor Service Area for Okoboji lC, LLC, dba Okoboji Grill, 1857 Lower Muscatine Rd.; Class C Beer Permit for Deli Mart Corp., dba Deli Mart #2, 1920 Lower Muscatine Rd. Complete Description March 2, 2004 Page 2 Motions: approve disbursements in the amount of $11,714,042.41 for the period of January 1 through January $1,2004 as recommended by the Finance Director subject to audit. Setting Public Hearings: RES. 04-54, INTENT TO CONVEY TWENTY FOOT WIDE BY EIGHT HUNDRED TWENTY FOOT LONG PARCEL OF PROPERTY LOCATED WITHIN LOT 3, RUPPERT HILLS SUBDIVISION, TO TAYCAL, IOWA LTD., AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR MARCH 16, 2004. RES. 04-55, SETTING A PUBLIC HEARING for March 16, 2004, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHWAY 6 SIDEWALK EXTENSION PROJECT (STP-E-3715(624)--8V-52), DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 04-56, FIXING DATE FORA MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $18,150,000 SEWER REVENUE REFUNDING BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 04-57, FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $17,000,000 GENERAL OBLIGATION REFUNDING BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE)OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. RES. 04-58, AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF INTENT TO COMMENCE A PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT SEGMENT A OF THE CAMP CARDINAL ROAD PROJECT AND TO ACQUIRE PROPERTY FOR THIS SEGMENT OF THE PROJECT; AND SETTING DATE OF PUBLIC HEARING for April 6, 2004. Resolutions: RES. 04-59, 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, LUBIN TRUST, AND MOTIF, LTD. D/B/A BO-JAMES FOR A SIDEWALK CAFI~. Correspondence: JCCOG Traffic Engineering Planner regarding - Removal of NO PARKING 8 A.M.-5 P.M. MON-FRI signs and installation of 2 HR LIMIT PARKING 8 A.M.-5 P.M. MON-FRI signs on the west side of Mullin Avenue between Highwood Street and River Street; JCCOG Traffic Engineering Planner regarding Installation of HANDICAP PARKING in the 800 block of 3rd Avenue; JCCOG Traffic Engineering Planner regarding Renewal of three cab stations located in the 400 block of College Street and one cab stand on South Linn Street. Installation of a new parking meter number C411 E, 2-hour time limit at 40 cents per hour in the 400 block of College Street where one cab station will not be renewed; JCCOG Traffic Engineering Planner regarding Installation of NO PARKING CORNER TO HERE signs on the north side of Iowa Avenue approximately 25' west of the intersection with Dodge Street and on the west side of N. Summit Street approximately 25' south of the intersection with Dewey Street; JCCOG Traffic I~ngineering Planner regarding Installation of two NO PARKING ANY TIME signs on the north side of Cross Park Avenue between Keokuk Street and the second driveway to the east; The Shelter House - Donna Hirst, Nate Steele; Riverside Theatre - Carolyn Cavitt, Claire Joseph; Melvin Rivers regarding Hate Crime [staff response included]; Caroline Dieterle regarding Conviction of Protestors in Texas; Complete Description * Revised 3/:~7/04 March 2, 2004 Page 3 Patricia N. Ephgrave regarding Serving our Senior Citizens; Bruce Titus, Carlos O'Kelly's General Manager regarding Non-Smoking Ordinance; Jean Walker regarding Hope Lodge and Preservation of the Melrose Avenue Neighborhood. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the Mayor declared the motion carried. Moved by Vanderhoef, seconded by Wilbum, that ordinance amending the zoning code regarding requirements for Religious Institutions in the Commercial Office (CO-1) zone (The Church of Iowa City), 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 Champion, that ORD. 04-4112, 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, EXCLUDING 301 SOUTH DUBUQUE STREET, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by O'Donnell, seconded by Vanderhoef, that ORD. 04-4113, VACATING A PORTION OF THE RIGHT-OF-WAY LOCATED ADJACENT TO 425 BELDON AVENUE, 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 O'Donnell, to defer to March 16 a resolution approving the final plat of Galway Hills, Part 9 and a resolution approving the final plat of Galway Hills, Part 8. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 04-60, APPROVING THE FINAL PLAT OF WINDSOR RIDGE, PART 19B. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on plans, specifications, form of contract, and estimate of cost for construction of the 2004 Asphalt Resurfacing 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 Wilburn, seconded by O'Donnell, to adopt RES. 04-61, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2004 ASPHALT RESURFACING 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. A public hearing was held on a resolution authorizing conveyance of a vacated portion of the Grove Street Right-of-Way located westerly along the north property line of 425 Beldon Avenue to Paul and Joan Burns, owners of 425 Beldon Avenue, in exchange for their conveyance to the city of a 44 square foot parcel of private property located at the intersection of Grove Street and Beldon Avenue. No one appeared. Moved by Vanderhoef, seconded by Champion, to adopt RES. 04-62, AUTHORIZING CONVEYANCE OF A VACATED PORTION OF THE GROVE STREET RIGHT-OF-WAY LOCATED WESTERLY ALONG THE NORTH PROPERTY LINE OF 425 BELDON AVENUE Complete Description March 2, 2004 Page 3 N. Ephgrave regarding Serving our Senior Citizens; Bruce Titus, Carlos General Manager regarding Non-Smoking Ordinance; Je~ Walker regarding Ho e and Preservation of the Melrose Avenue Neighborl~od. Affirmative roll ~ unanimous, 7/0, all Council Members presen~./:l-he Mayor declared the Ma' e motion carried. Moved rhoef, seconded by Wilburn, that ordinanc, gamending the zoning code regarding requirement r Religious Institutions in the CommerCal Office (CO~1) zone (The Church of Iowa be! second vote. Affirmative roll calV~,ote unanimous, 7/0, all Council Members I Mayor declared the motion Moved by O'Donnell by Champion, that ( 04-4112, REZONING APPROXIMATELY OF PROPERTY FROM JSINESS SUPPORT ZONE (CB-5) TO PUBLIC/CENT SS ZONE (P/CB-5) FOR THE EAST HALF OF BLOCK 102, )lNG 301 ~UE STREET, be passed and adopted. Affirmative roll call vote mous, 7/0, all Members present. The Mayor declared the ordinance adopted. Moved by O'Donnell, seconded that ORD. 04-4113, VACATING A PORTION OF THE RIGHT-OF-WAY L( .~ENT TO 425 BELDON AVENUE, be passed and adopted. Affirmative roll call animous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by defer to March 16 a resolution approving the final plat of Galway Hills, resolution approving the final plat of Galway Hills, Part 8. The Mayor the moti carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seco~ by O'Donnell ~ adopt RES. 04-60, APPROVING THE FINAL PLAT OF WIN PART 19B. rmative roll call vote unanimous, 7/0, all Council Members preset yor declared ~pted. A public hearing was he plans, specifications, of contract, and estimate of cost for construction of the Asphalt Resurfacing Pro ,stablishing amount of bid security to accompany eac directing City Clerk to I .~nt for bids, and fixing time and place for No one appeared. Moved by seconded by O'Donnell, to adopt RES. (~-61, APPROVING PLANS, SPECIFI( S, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION C ; 2004 ASPHALT RESURFACING PROJE~T, ESTABLISHING AMOUNT OF BID~ :ITY TO ACCOMPANY EACH BID, DIRECTI'I~G CITY CLERK TO PUBLISH ADVE~,,TI,: NT FOR BIDS, AND FIXING TIME AND PLA(~E FOR RECEIPT OF BIDS. Affirmativ/~ roi call vote unanimous, 7/0, all Council Members present. The Mayor declared th,e.r/e's, olut! n adopted. A pul:)Hc head g was held on a resolution authorizing conveyance of a~acated portion of the Grov~ Street Right-of-Way located westerly along the north property line ~f 425 Beldon Avenue t/e' P .aul.,and ..Joan Burns, owners of 425 Beldon Avenue, in exchange for'ttheir ~)~v~ ~e/~n~J~ttha~i~3Ye~c[oan4,~v~qn~r.e~ootnpea~e~eoafrpe~.vate property located atthe~tersection Moved~by Vanderhoef, seconded by Champion', to adopt RES. 04-62, AUTHI~RIZING C, ..E OF A VACATED PORTION OF THE GROVE STREET RIGHT-OF-WAY WESTERLY ALONG THE NORTH PROPERTY LINE OF 425 BELDON AVENUE Complete Description March 2, 2004 Page 4 TO PAUL AND JOAN BURNS, OWNERS OF 425 BELDON AVENUE, IN EXCHANGE FOR THEIR CONVEYANCE TO THE CITY OF A 44 SQUARE FOOT PARCEL OF PRIVATE PROPERTY LOCATED AT THE INTERSECTION OF GROVE STREET AND BELDON AVENUE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing was held on ordinance amending Title 3 entitled "City Finances, Taxation & 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, "Storm Water Collection, Discharge and Runoff," to create a Stormwater Utility and establish a Stormwater Utility Fee. No one appeared. Moved by Champion, seconded by Bailey, that the revised ordinance 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, "Storm Water Collection, Discharge and Runoff," to create a Stormwater Utility and establish a Stormwater Utility Fee, be given first vote. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by EIliott, seconded by Champion, that 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, be passed and adopted. The Mayor declared the ordinance defeated unanimously, 0/7, all Council Members present. Moved by Vanderhoef, seconded by Bailey, that 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 views. The following individuals appeared: Caroline Dieterle, Walnut Street; Peter Hansen, 1203 Cambria Ct.; and Evan Fales, 1215 Oakcrest. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by O'Donnell, seconded by Wilburn, to accept correspondence from Caroline Dieterle and I:ric Fisher. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Vanderhoef, that ordinance amending Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," and Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 2, entitled "Prohibited Actions in Parks and Playgrounds" to allow for the sale, possession, and consumption of beer and wine under limited circumstances in a City Complete Description March 2, 2004 Page 5 Park, on public right-of-way, or on a City ground, excluding City buildings, pursuant to a written agreement with the city, as amended by Council discussion on March 1, be given first vote. The City Attorney outlined changes made in the ordinance after Council discussion at their work session of March 1. Emma Mills, 1121 - 4th Avenue, appeared. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Bailey, Champion, Elliott, O'Donnell, Vanderhoef, Wilburn. Nays: Lehman. Absent: None. Moved by Wilburn, seconded by Vanderhoef, to accept correspondence from Mark Evans. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilbum, seconded by Vanderhoef, to adopt RES. 04-63, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TWO LISTING AGREEMENTS WITH KEVIN HANICK OF LEPIC-KROEGER REALTORS TO LIST FOR LEASING THE COMMERCIAL SPACE WITHIN THE IOWA CITY PUBLIC LIBRARY. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 04-64, ADOPTING THE ANNUAL BUDGET EXCLUDING HUMAN SERVICES AID TO AGENCIES FOR THE FISCAL YEAR ENDING JUNE 30, 2005. Moved by Bailey, seconded by Champion, to amend the budget by removing $10,000 from the Airport budget. Individual Council Members expressed their views. The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. Lyle Deeds, Iowa City Fire Fighter, appeared. Affirmative roll call vote unanimous on the amended resolution, 7/0, all Council Members present. The Mayor declared the amended resolution adopted. Mayor Pro rem Wilbum left meeting due to a conflict of interest. Moved by Vanderhoef, seconded by Bailey, to adopt RES. 04-65, ADOPTING THE ANNUAL BUDGET FOR HUMAN SERVICES AID TO AGENCIES FOR THE FISCAL YEAR ENDING JUNE 30, 2005. Moved by Champion, seconded by Bailey, to take the $10,000 reduced from the Airport budget and put in Human Services Funding. Individual Council Members expressed their views. The Mayor declared the motion to amend defeated, 2/4, with the following show of hands: Ayes: Champion, Bailey. Nays: Elliott, Lehman, O'Donnell, Vanderhoef. Absent: Wilbum. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Mayor Pro tem Wilburn returned to the meeting. Moved by Champion, seconded by Wilburn, to adopt RES. 04-66, APPROVING THE FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, FOR FISCAL YEARS 2005 THROUGH 2007 AND THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2008. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Vanderhoef, to adopt RES. 04-67, NAMING A NEW NEIGHBORHOOD PARK "BENTON HILL PARK". Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Mayor Pro tem Wilburn left meeting due to a conflict of interest. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 04-68, RESCINDING RESOLUTION 03-74 AND ADOPTING IN LIEU THEREOF A NEW RESOLUTION AMENDING THE POLICY FOR THE RECAPTURE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) Complete Description March 2, 2004 Page 6 FUNDS. Affirmative roll call vote unanimous, 6/0, Wilburn absent. The Mayor declared the resolution adopted. Mayor Pro tem Wilburn returned to the meeting. Moved by Elliot[, seconded by Bailey, to make the following appointments to Board and Commissions: appoint Carl Williams, 15 S 7th Avenue, to the Airport Commission to fill a six- year term March 1, 2004 - March 1,2010; appoint Dorothy Maher, 836 West Side Drive, to the Civil Service Commission to fill a four-year term April 5, 2004 - April 7, 2008; re-appoint James Pronto the to the Historic Preservation Commission Brown Street District Rep, to fill a three-year term March 29, 2004 - March 29, 2007; re-appoint Michael Gunn to the Historic Preservation Commission Summit Street District Rep, to fill three-year terms March 29, 2004 - March 29, 2007; The Historic Preservation appointment to fill a at-large three year term March 13, 2004 - March 13, 2007 is deferred to March 16; re-appoint Brett Castillo to the Telecommunications Commission to fill a three year term March 13, 2004 - March 13, 2007. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from John Krstenansky, Michael Maharry and Lowell Soike of the State Historical Society. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the previously-announced 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 to fill a vacancy (Woodlawn District Representative) for a three-year term March 29, 2003 - March 29, 2006; Parks and Recreation Commission fill an unexpired term ending January 1,2006. Applications must be received by 5:00 p.m., Wednesday, March 10, 2004. [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 complimented staff and the previous Council for putting together the three year budget a year ago, and reiterated his desire for a timeframe for fire and police protection issues; and welcomed University of Iowa journalism classes. Council Member Champion thanked the Mayor for the International Women's Month proclamation, noting the strides made by women in her personal family. Council Member Vanderhoef seconded the comments made by Council Member Champion. Mayor Pro tem Wilburn reminded the community the Table to Table annual banquet and fundraiser scheduled for March 7; and congratulated those who participated in the Black Law Student Association's oratory competition Council Member Bailey echoed comments made by Council Member Champion, and encouraged promotion of gender equality in our state. Mayor Lehman reported at his attendance at the jump rope event for the American Heart Association held at the University Recreation Building; and reported on his recent trip to Washington, D.C. promoting the Technology Corridor concept. Moved by O'Donnell, seconded by Elliott, to adjourn meeting at 8:40 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Complete Description March 2, 2004 Page 7 Ernest W. Lehman, Mayor Marian K. Karr, City Clerk