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HomeMy WebLinkAbout2004-04-06 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 APRIL 6, 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, Hennes, Jensen, Knoche. Council minutes tape recorded on Tape 04-29, Side 2; Tape 04-30, Both Sides. The Mayor proclaimed: Week of the Young Child, Katie Klefstad accepting; Fair Housing Month, Krista Bowersox, (Des Moines HUD office) accepting; Head and Neck Cancer Awareness Week, Dr. Russell Smith, Dept. of Otolaryngology, accepting; National Medical Laboratory Week, Beth Hochstedler, Training Coordinator at UIHC Labs accepting; Crime Victims' Week; Public Access Television Week, Carrie Watson, Board Member accepting; Sexual Assault Awareness Month, Karen Siler, Johnson County Services Coordinator accepting; Alcohol Awareness Month, presented after Item No. 28 at the end of meeting. The Mayor presented Outstanding Student Citizenship awards to Grant Wood Elementary student: Kyven Gadson; and Longfellow Elementary students: Chelsea Davis Breanne Hugh, Graham Rowden. 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 and to remove Item 4f(1) from Consent Calendar: Memo from Traffic Engineering Planner regarding relocation of Iowa City Transit bus stop for separate consideration; delete Item No. 4e(4) resolution accepting the work for the Recreation and Civic Center HVAC and Plumbing Replacement Project; and to add item 4d(2) resolution setting a public hearing, on Plans, Specifications, Form of Contract, and Estimate of Cost for the construction of the Brookland Park Sewer Separation Project: Approval of Council Actions, subject to corrections, as recommended by the City Clerk. March 15, Regular Work Session; March 16, Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action). Human Rights Commission - January 27, 2004; Parks and Recreation Commission - February 11, 2004 Recommendation: City Council name the MilledOrchard parkland "Benton Hill Park". Board of Adjustment - February 11,2004; Airport Commission - February 12, 2004; Senior Center Commission - February 17, 2004 Recommendation: The Iowa City Council approve the Articles and by- laws creating the Iowa City Seniors Fund and to amend the Gift Fund Resolution to allow gift fund money to be used as a start-up donation to the Iowa City Seniors Fund. It was a unanimous vote in favor of the motion. The idea has been discussed at several of the last Commission meetings--so the topic is included in the minutes from the past several months. [See item 22 on this agenda] Housing and Community Development- February 18, 2004; Housing and Community Development - February 19, 2004; Public Library- February 19, 2004; Airport Complete Description Page 2 April 6, 2004 Commission - February 20, 2004; Telecommunications Commission - February 23, 2004. Permit Motions and Resolutions as Recommended by the City Clerk. New: Special Class C Liquor License for General Japanese Restaurant, Inc., dba General Japanese Restaurant, Inc., 1853 Lower Muscatine Rd. Renewal: Class C Liquor License for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St. Outdoor Service Area for Ranger Enterprises, Inc., dba Deadwood, 6 S. Dubuque St.; Class C Liquor License for Sports Column Corp. dba Sports Column, 12 S. Dubuque St.; Class C Liquor License for Kitty Hawk Co., dba Kitty Hawk, 1012 Gilbert Ct.; Class C Liquor License for Ambiance LLC, dba Lark Restaurant, 1069 Hwy 1 West; Class C Liquor License for Lodog, Inc., dba Airliner, 22 S. Clinton St. [See memo from Johnson County Attorney included in packet]; Class C Liquor License for First Avenue Club, Inc., dba First Avenue Club, 1550 S. First Ave.; Class C Liquor License for lC Lodge #590 BPO Elks of USA dba BPO Elk's #590, 637 Foster Road; Special Class C Liquor License for Little Donkey's, Inc., dba Panchero's, 32 S. Clinton St.; Class B Beer Permit for M & T Investments, Inc., dba Happy Joe's Pizza & Ice Cream Parlor, 225 S. Gilbert St. RES. 04-89, TO ISSUE DANCE PERMIT to First Avenue Club, Inc., dba First Avenue Club, 1550 S. First Ave. Setting Public Hearings: RES. 04-90, SETTING A PUBLIC HEARING FOR APRIL 20, 2004 ON AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE TO DECREASE OR CHANGE THE RATES FOR FEES AND CHARGES FOR WATER SERVICE CHARGES. RES. 04-91, SETTING A PUBLIC HEARING for April 20, 2004 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BROOKLAND PARK SEWER SEPARATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 04-92, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SYNCHRONIZATION MASTER LICENSE AGREEMENT WITH RED HOUSE RECORDS, INC. TO PERMIT THE CABLE DIVISION TO USE PORTIONS OF SOUND RECORDINGS AND COMPOSITIONS IN CONNECTION WITH THE DIVISION'S AVATAR PROJECT. RES. 04-93, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE DUBUQUE STREET / FOSTER ROAD INTERSECTION IMPROVEMENT PROJECT (STP-U-3715(625)--70- 52). RES. 04-94, 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 19 REGAL LANE, IOWA CITY, IOWA. RES. 04-95, 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 IOWA STATE BANK & TRUST CO., AND ICBB LTD. d/b/a IOWA CITY BROWN BOTTLE, FOR A SIDEWALK CAFI~. RES. 04-96, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONSULTING AGREEMENT WITH RICE, WILLIAMS ASSOCIATES, INC. Complete Description Page 3 April 6, 2004 Correspondence: JCCOG Traffic Engineering Planner regarding Modifying All Commercial Vehicle Loading Zones or Loading Zones in the Central Business District to COMMERCIAL VEHICLE/LOADING ZONE 30 MIN LIMIT 8 AM- 5 PM, NO PARKING 2 AM - 6 AM TOW AWAY ZONE [List of locations attached to memo]; JCCOG Traffic Engineering Planner regarding Lexington Avenue Traffic Calming Barricade; Charles J. Conrad regarding J.D. Power and Associates 2004 Electric Utility Business Customer Satisfaction Study; Mark Patton regarding Funding under the CDBG/HOME Investments Partnerships Program; Alison Werner Smith regarding Query on Corrective Resolution [Staff response included]; Benton Hill Park from Anna Buss, Mary Knudson [Staff response included]; Michelle Hankes regarding Requesting that Block Grant Funds be Awarded in the Form of a Grant; Kortny Williamson regarding: College Student Researching Chain Businesses Downtown [Staff Response Included]; Saul Mekies and Carol Spaziani regarding Vote on Iowa City Light and Power; Pia Broccard regarding Thank you to Iowa City Fire Dept #2 [Staff response included]; Matthew Thatcher regarding Iowa City Alcohol and Bar Committee [Staff response included]; Betsy Riesz regarding Transportation Service for Sarah Riesz; Darin Swartzendruber regarding Who is the head of Iowa City's Government? [Staff response included]; Inaugural Issue - The United States Interagency Council on Homelessness e-newsletter. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Elliott, to accept item 4f(1) removed from the Consent Calendar, Memo from Traffic Engineering Planner regarding relocation of Iowa City Transit bus stop. Matthew Fazen, 614 N. Linn St., presented information. Individual Council Members expressed their views. Moved by O'Donnell, seconded by Elliott, to defer the item until the April 20 meeting. The Mayor declared the motion to defer carried unanimously, 7/0, all Council Members present. Caroline Dieterle, 727 Walnut St., appeared regarding the timing of the walk lights on Burlington Street. Staff will report back. Council Members Champion, Lehman, Vanderhoef stated they would be abstaining due to a conflict of interest for the next item. Mayor Pro tern Wilburn presiding. Moved by Wilburn, seconded by Bailey, to set a public hearing for May 4, 2004, on an ordinance creating a Self-supporting Municipal Improvement District (SSMID) according to Iowa Code Chapter 386 for downtown Iowa City. The Mayor Pro tem declared the motion carried unanimously, 4/0, with Vanderhoef, Champion, Lehman abstaining. Mayor Lehman now presiding. A public hearing was held 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 308 South Gilbert Street. Atty. Joe Holland, representing the applicant, appeared. Moved by O'Donnell, seconded by Champion, that the ordinance changing the rezoning designation of 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 308 South Gilbert Street, 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 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 Complete Description Page 4 April 6, 2004 Southpoint Subdivision. Anthony Birnbaum, 163 Stanwyck Dr., appeared. PCD Director Franklin stated the conditional agreement had not be signed and the public hearing would have to be continued. Moved by Vanderhoef, seconded by Bailey, to continue public hearing to April 20, 2004. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Elliott, to defer to April 20 first consideration of 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 Wilburn, seconded by O'Donnell, to defer indefinitely a resolution approving the final 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 an ordinance amending Section 14, Chapter 5, Article A, Building Code, by adopting the International Building Code, 2003 edition, and the International Residential Code, including Appendix F Radon Control Methods, 2003 edition, published by the International Code Council and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa. Dan Smith, Greater Iowa City Home Builders Association, endorsed this and other building amendments on the agenda. Moved by Champion, seconded by Vanderhoef, that the ordinance amending Section 14, Chapter 5, Article A, Building Code, by adopting the International Building Code, 2003 edition, and the International Residential Code, including Appendix F Radon Control Methods, 2003 edition, published by the International Code Council and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa, 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 the ordinance amending Title 7, Chapter 1, Fire Prevention and Protection, adopting the 2003 edition of the International Fire Code, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Iowa City; providing for the issuance of permits and collection of fees therefore; repealing Ordinance No. 02-4034 of the City of Iowa City and all other ordinances and parts of the ordinances in conflict therewith. No one appeared. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance amending Title 7, Chapter 1, Fire Prevention and Protection, adopting the 2003 edition of the International Fire Code, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Iowa City; providing for the issuance of permits and collection of fees therefore; repealing Ordinance No. 02-4034 of the City of Iowa City and all other ordinances and parts of the ordinances in conflict therewith, be given first vote. Sr. Building Inspector Hennes and Fire Marshal Jensen present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance amending Title 14, Chapter 5, Article B, of the Iowa City Code of Ordinances, by adopting the 2003 edition of the Uniform Plumbing Code, with certain amendments, to regulate the practice, materials and fixtures used in the Complete Description Page 5 April 6, 2004 installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances in connection with various plumbing systems, to provide for the issuance of permits and inspection of plumbing installations and the collection of fees, and to provide penalties for violations. No one appeared. Moved by O'Donnell, seconded by Elliott, that the ordinance amending Title 14, Chapter 5, Article B, of the Iowa City Code of Ordinances, by adopting the 2003 edition of the Uniform Plumbing Code, with certain amendments, to regulate the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances in connection with various plumbing systems, to provide for the issuance of permits and inspection of plumbing installations and the collection of fees, and to provide penalties for violations, 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 amending Section 14, Chapter 5, Article D, Mechanical Code, by adopting the 2003 edition of the International Mechanical Code published by the International Code Council, and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa. No one appeared. Moved by Vanderhoef, seconded by Champion, that the ordinance amending Section 14, Chapter 5, Article D, Mechanical Code, by adopting the 2003 edition of the International Mechanical Code published by the International Code Council, and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa, 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 amending Section 14, Chapter 5, Article C, of the Iowa City Code by adopting the 2002 edition of the National Electrical Code including Articles 80 and 90, with amendments, as the Iowa City Electrical Code, regulating the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all wiring, fixtures, appliances and appurtenances in connection with various electrical systems; providing for the issuance of permits and inspection of electrical installations and the collection of fees; and providing penalties for violations. No one appeared. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance amending Section 14, Chapter 5, Article C, of the Iowa City Code by adopting the 2002 edition of the National Electrical Code including Articles 80 and 90, with amendments, as the Iowa City Electrical Code, regulating the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all wiring, fixtures, appliances and appurtenances in connection with various electrical systems; providing for the issuance of permits and inspection of electrical installations and the collection of fees; and providing penalties for violations, 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 amending City Code Title 14, entitled "Unified Development Code," Chapter 5, entitled "Building and Housing," by adding a new Article N entitled "Fuel Gas Code" and adopting the 2003 edition of the International Fuel Gas Code published by the International Code Council, and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa. No one appeared. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance amending City Code Title 14, entitled "Unified Development Code," Chapter 5, entitled "Building and Housing," by adding a new Article N entitled "Fuel Gas Code" and adopting the 2003 edition of the Complete Description Page 6 April 6, 2004 International Fuel Gas Code published by the International Code Council, and providing for certain amendments thereof; to provide for the protection of the health, welfare and safety of the Citizens of Iowa City, Iowa, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on a resolution declaring the City's intent to proceed with and authorizing the acquisition of property rights for segment A of the Camp Cardinal Road project. No one appeared. Moved by O'Donnell, seconded by Champion, to adopt RES. 04-97, DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR SEGMENT A OF THE CAMP CARDINAL ROAD PROJECT. 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 declaring the City's intent to proceed with and authorizing the acquisition of property rights for the South Gilbert Street Improvements project - Napoleon Lane to City Limits. No one appeared. Moved by Champion, seconded by O'Donnell, to adopt RES. 04-98, DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITI©N OF PROPERTY RIGHTS FOR THE SOUTH GILBERT STREET IMPROVEMENTS PROJECT - NAPOLEON LANE TO CITY LIMITS. City Engr. Knoche present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 04-99, AUTHORIZING EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY REGARDING CERTAIN OBLIGATIONS INVOLVING THE SOUTH GILBERT STREET IMPROVEMENTS PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, 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. Moved by Bailey, seconded by Wilburn, to amend the ordinance as detailed in a memo from the City Attorney dated March 31, and an e-mail to Eric Fisher dated April 5, all as contained in an ordinance distributed at the April 5 work session. Eric Fisher, Iowa Civil Liberties Union, Hawkeye Chapter, appeared. Individual Council Members expressed their views. The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. Original motion amended by mover and seconder to reflect first consideration 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 Carol deProsse, Julie Spears, Eric Fisher. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, 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 Complete Description Page 7 April 6, 2004 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. Anne Skinstad, College of public Health, Department of Community and Behavioral Health, appeared. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Champion, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey. Nays: Lehman. Absent: None. Moved by Vanderhoef, seconded by Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 04-4116, AMENDING 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 voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by O'Donnell, that the ordinance amending the City Code, Title 14, "Unified Development Code, Chapter 1, "Streets, Sidewalks and Public Right of Way," "Article A. Streets, Sidewalks and Public Right of Way generally", Section 14-1A-6, "Maintenance of Public Right of Way", to impose liability on abutting property owners for failure to maintain all public right of way located between the edge of the street or curb line and the property line, 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 Vanderhoef, seconded by O'Donnell, to adopt RES. 04-100, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE DUBUQUE STREET / FOSTER ROAD INTERSECTION IMPROVEMENT PROJECT. City Engr. Knoche present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Elliott, seconded by Champion, to adopt RES. 04-101, ESTABLISHING THE SCATTERED SITE HOUSING TASK FORCE. 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 defer to May 4 a resolution rescinding resolution no. 79-462 and adopting in lieu thereof a new resolution for the establishment of a Senior Center Fund for the management of gifts, memorials, and fundraising revenue to the Iowa City/Johnson County Senior Center. Council Members directed staff to schedule the item for the April 19 work session and have staff and Chair of the Commission available for questions. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Member Bliott abstained due to a conflict of interest. Moved by Champion, seconded by Vanderhoef, to adopt RES. 04-102, APPROVING THE TERMS ON WHICH THE CITY WILL PURCHASE A 4-ACRE PARCEL OF LAND EAST OF IOWA CITY ADJACENT TO LOWER WEST BRANCH ROAD, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 6/0, Elliott abstaining. The Mayor declared the resolution adopted. Complete Description Page 8 April 6, 2004 Moved by Champion, seconded by Wilbum, to adopt RES. 04-103, APPROVING THE EAST CENTRAL IOWA COUNCIL OF GOVERNMENTS (ECICOG) REGIONAL COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN. Individual Council Members expressed their views. Staff will provide a list of pending projects relative to the plan. 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. 04-104, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2004 ASPHALT RESURFACING PROJECT to L.L. Pelling Co., Inc., for $ 369,000.00. City Engr. Knoche present for discussion. 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. 04-105, DIRECTING THE ADVERTISEMENT FOR SALE OF NOT TO EXCEED $5,045,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004A, NOT TO EXCEED $11,395,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004B AND NOT TO EXCEED $16,385,000 SEWER REVENUE REFUNDING BONDS, SERIES 2004, AND APPRQVING ELECTRONIC BIDDING PROCEDURES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Elliott, to adopt RES. 04-106, AUTHORIZING INDEMNIFICATION FOR PUNITIVE DAMAGES CLAIMED IN A LAWSUIT BROUGHT AGAINST CITY EMPLOYEE DEREK FRANK IN CONNECTION WITH HIS INVESTIGATION OF A CAR ACCIDENT AND SUBSEQUENT ARREST OF AN INDIVIDUAL. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, to adopt RES. 04-107, RATIFYING SETTLEMENT OF PENDING LITIGATION, Caroline Bennett and George E. Bennett for $90,000. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Bailey, to approve a tentative agreement between the City of Iowa City and the Police Labor Relations Organization of Iowa City for a collective bargaining agreement to be effective July 1,2004 through June 30, 2005. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. The Mayor noted the previously announced vacancies on Boards and Commissions: Airport Zoning Brd of Adjustment to fill an unexpired term ending December 31,2006; Airport Zoning Brd of Adjustment to fill an unexpired plus a five-year term ending December 31, 2008; Charter Review Commission to fill nine vacancies for a one-year term ending May 4, 2005; Historic Preservation Commission (Woodlawn District Representative) to fill a three- year term March 29, 2003 - March 29, 2006; 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. [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 proclaimed Alcohol Awareness Month, accepted by Anne Skinstad, College of public Health, Department of Community and Behavioral Health. Council Member Elliott read an excerpt from the Human Rights Commission minutes of February 24 which quoted Commissioner Paul Retish "...we may need a more balanced commission, including those who don't view things as we do...We would make progress if we Complete Description Page 9 April 6, 2004 knew what other people are thinking and they might have more impact on change"; and reported it was a happy day on Dover Street when a husband and father returned home from Iraq. Council Member Champion requested that as a matter of policy that when tentative agreements and/or collective bargaining agreements are brought before Council that Council be given the total cost per employee per year, noting the benefit package is good. The City Manager stated staff is prepared to present information when a schedule is decided upon. Council Member O'Donnell followed up on remarks made by Council Elliott and stated it was a happy day for the entire county with the return of the 109t~ from Iraq, and reported On the welcome home event at Coral Ridge Ice Rink. Council Member Vanderhoef reported on the inauguration of the new Student Senate President Lindsay Schutte and Vice President Jason Shore she and fellow Council Member Elliott attended; and complimented outgoing President Nate Green and Vice President May Rose Wagman on their accomplishments. Council Member Bailey asked the City to keep in mind pedestrian or bike routes as the City develops the area north of 1-80. Mayor Lehman expressed his appreciation to outgoing UISG President Nate Green, stating he enjoyed working with him on various issues, and he also looked forward to meeting and working with Lindsay; and welcomed home to City employees returning as members of the 109~h from Iraq. Moved by O'Donnell, seconded by Wilburn, to adjourn meeting at 8:50 p.m. The Mayor declared the motion carried unanimously, 7/~0~ou~il Mem~ '~nest W. Lehman, Mayor Mar'fan K. Karr, City Clerk Date: March 15, 2004 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, March 15, 2004, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn Staff: Atkins, Karr, Dilkes, Knocke, Davidson, Franklin, Rackis, Copper, Boothroy Tapes: 04-24, Side 2; 04-25, Side 2 (A complete transcription is available in the City Clerk's Office) PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following items: A. SETTING 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 308 SOUTH GILBERT STREET. (REZ04-00003) B. SETTING 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. (REZ04-00002) C. ORDINANCE AMENDING THE ZONING CODE REGARDING REQUIREMENTS FOR RELIGIOUS INSTITUTIONS IN THE COMMERCIAL OFFICE (CO-I) ZONE. (PASS AND ADOPT) (The Church of Iowa City) D. RESOLUTION APPROVING THE FINAL PLAT OF GALWAY HILLS, PART 9. (SUB04- 00002) (DEFERRED FROM 3/2) E. RESOLUTION APPROVING THE FINAL PLAT OF GALWAY HILLS, PART 8. (SUB04-00003) (DEFERRED FROM 3/2) AGENDA ITEMS 1. (Consent Calendar # 3e(5) Resolution authorizing ... JohnsQn County Auditor to submit to the voters ... whether Iowa City ... establish as a city utility an electric light and power plant Council Work Session Mamh 15, 2004 Page 2 and system ... place management and control of said utility in a five-member Board of Trustees) In response to Council, City Atty. Diikes clarified the election could be no earlier than the regular City election in November 2005 of proposed by citizen petition; and that if both questions were approved and the City proceeds to the Public Utilities Board the governing structure would be determined and thus binding. 2. (Item # 11- Ordinance amending Title 10 ... private use of public property ... Farmers Market ... City Plaza ... residential picketing ... mobile vendors and ambulatory vendors ...) Mayor Lehman noted a memo from the City Attorney recommending four amendments to the ordinance, and stated that fi Council wishes to accept the recommendations it would be necessary to give the ordinance first consideration again. Council requested that the ordinance be amended to reduce the notification requirements for spontaneous events from 24 hours to 1 hour; and no insurance or indemnification would be required for a parade or public assembly held entirely on City Plaza and consisting solely of people without any equipment or objects. City Atty. will prepare amended ordinance for consideration at the formal meeting. 3. (Item # 13 - Ordinance amending Title 4 ... consumption of beer and wine ... city park .... public right-of-way .... City ground ....excluding City buildings ... pursuant to a written agreement with the City) City Atty. Dilkes outlined the amended ordinance providing an exception to the under 19 ordinance for city parks. Majority agreed to proceed with first consideration of the amended ordinance, and reaffirmed their desire to review the under 19 existing ordinance after August 1. 4. (Item # 8 - Public hearing ... resolution ... consolidated transit funding applications...) in response to Council Member Elliott, Asst. PCD Director Davidson stated that 70-75% of the operating cost of any transit system is the person operating the vehicle, while fuel is 2-4% of the total expense. 5. (Item # 3f(1) - JCCOG Traffic Engineering Planner: ...200 block of S. Linn Street ... 100 block of S. Linn Street ...) In response to Council Member Vanderhoef, Asst. PCD Director Davidson, stated the Parking Division does monitor usage on a routine basis, and studies are done sporadically on meter feeding. Majority of Council directed staff to study meter feeding policy, monitor the change in meter hours, and increase enforcement in the area. 6. (Item # 3f(14) - League of Women's Voters Requesting Council Time) Majority of Council directed staff to contact the League and schedule 20 minutes for presentation, and 30 total minutes including questions, for the April 5 work session. Staff will follow up. SCATFERED SITE HOUSING COMMITTEE (IP2 of 3/11 Info Packet) Matt Hayek, Chair of HCDC, presented information on the formation of the scattered housing task force and outlined the task force's scope. Majority of Council agreed to proceed as outlined. Council Work Session March 15, 2004 Page 3 COUNCIL APPOINTMENTS Airport Zoning Commission - re-appt. Brian Sponcil Airport Commission - John Krstenensky Airport Zoning Brd of Adjustment - no applicants, re-advertise Historic Preservation Commission (At-Large) - Justine Zimmer Historic Preservation Commission (Woodlawn) - no applicants, re-advertise Parks and Recreation Commission - Ryan O'Leary OAKDALE BLVD..(IP1 of 3/11 Info Packet) Jeff Davidson, Executive Director JCCOG, presented information on the project. Majority of Council agreed to proceed as outlined. Staff will indicate that to the County. COUNCIL TIME 1. Council Member Champion raised fire and safety concerns relative to the recent decision not to allow construction of a step to avoid blocking the alley exit door of the Englert, and suggested making alley areas no parking areas. Staff will follow up with a memo to Council on the issues. 2. Council Member EIliott requested that the recycling coordinator position recently approved in the budget be placed on hold and a education and marketing program be implemented with staff and volunteers. The City Manager will provide a memo on position duties and responsibilities for the next meeting. 3. (IP4 of 3/11 Info Packet - Memo form City Clerk and City Attorney re Council laptop use and upgrade and Email ...) In response to Council Member Vanderhoef majority agreed to schedule discussion at the April 5 work session. 4. (Agenda item # 19 and # 21) Mayor Lehman noted the importance of the Charter Review Commission and encouraged Council to start thinking of individuals to serve. The City Clerk stated the application process would be handled similar to other Boards and Commissions and advertised for 30 days. 5. Mayor Lehman requested that a discussion of the airport be scheduled at an upcoming work session. The City Manager stated that a related issue of the north/south runway closing, to enable finishing Mormon Trek, would have to be scheduled soon. 6. Council Member O'Donnell noted the flyers/postings on telephone poles and requested something be done to clean them up. 7. Council Member Elliott stated he had a list of 15 subjects that he would like Council to consider and suggested setting up one half day special work sessions. Elliott will provide the list of subjects for inclusion in an upcoming packet. Council Work Session March 15, 2004 Page 4 8. Mayor Pro tem Wilburn stated he would be unable to attend the formal meeting on May 4, but would be in attendance at the work session on May 3. VISUAL PREFERENCE SURVEY City Manager Atkins and PCD Planner Franklin present for discussion, Bailey requested data and/or demographics be kept on participants. FSS PROGRAM (IP3 of 3/11 Info Packet) Housing Administrator Rackis and Self-Sufficiency Programs Coordinator Cooper presented information and power point presentation on the programs available. Meeting adjourned 8:50 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 - 3/16/04 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 Cub Scouts, Pack 210 from Regina presented Police Officer Gist and Gallo with a check. 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. 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's Pub, 210 N. Linn St.; Class C Liquor License for One-Eyed Jake's, 18-20 S. Clinton St.; Special Class C Liquor License for Panchero's Mexican Grill, 965 S. Riverside Dr.; RES. 04-69, TO ISSUE DANCE PERMIT to One- Eyed Jake's, 18-20 S. Clinton St.; RES. 04-70, TO ISSUE CIGARETTE PERMIT for Whateva...We Can Deliva, 411 Peterson St. #5.(NEW); Special Class C Liquor License for 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 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 Official Actions March 16, 2004 Page 2 AND DELI, FOR A SIDEWALK CAFE. RES. 04-72, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTESTA 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 Coburn 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] The Mayor declared the motion carried. Official Actions March 16, 2004 Page 3 Moved and seconded 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 308 South Gilbert Street. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded that ORD. 04-4114, AMENDING THE ZONING CODE REGARDING REQUIREMENTS FOR RELIGIOUS INSTITUTIONS IN THE COMMERCIAL OFFICE (CO-1)ZONE, be passed and adopted. Moved and seconded to adopt RES. 04-77, APPROVING THE FINAL PLAT OF GALWAY HILLS, PART 9, iOWA CITY, IOWA. Moved and seconded to adopt RES. 04-78, APPROVING THE FINAL PLAT OF GALWAY HILLS, PART 8, IOWA CITY, IOWA. 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. Moved and seconded 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. 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. Moved and seconded 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)--8V-52), AND DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS. 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. Moved and seconded 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. 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. Moved and seconded 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. 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. Official Actions March 16, 2004 Page 4 Moved and seconded 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. 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 passed and adopted. Moved and seconded 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. Original motion withdrawn, motioner and seconder moved to give first consideration of the ordinance as amended. The Mayor declared the motion carried. Moved and seconded 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. 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. 04-4115, 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, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded 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. Moved and seconded 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. 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. Moved and seconded to accept Official Actions March 16, 2004 Page 5 correspondence from: Patricia McNichol, Lawrence Mossman, Carolyn Otis, Sanford Markham, Marilyn Holland, Mary Hacker, and Elizabeth King. The Mayor declared the motion carried. Moved and seconded 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. The Mayor declared the motion carried. A public hearing was held on the Iowa City Housing Authority's Annual Plan (Fiscal Year 2004). Moved and seconded to adopt RES. 04-84, APPROVING THE IOWA CITY HOUSING AUTHORITY'S ANNUAL PLAN (FISCAL YEAR 2004). Moved and seconded 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. Moved and seconded 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. Moved and seconded to adopt RES. 04-87, AUTHORIZING THE 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 REDEVELOPMENT OF SYCAMORE MALL. Moved and seconded to adopt RES. 04-88, ESTABLISHING CHARTER REVIEW COMMISSION. Moved and seconded 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. 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 and seconded to accept correspondence from Glenn Ehrstine, Kerry McGrath, Official Actions March 16, 2004 Page 6 Amy Smothers, Lowell Soike and Rick Spooner. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved and seconded to adjourn meeting at 8:40 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"l~ublication - 3/24/04. 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 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 CIGARETTE 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 CAF(:. 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 HOLLYVVOOD 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, CORALVlLLE 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 Coburn 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 March 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 308 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)--8V-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 NO']' 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 Wilbum, 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 Elliott, to adopt RES. 04-87, AUTHORIZING THE 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 REDEVELOPMENT 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, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk