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HomeMy WebLinkAbout2004-06-01 Council minutes Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JUNE 1, 2004 Iowa City City Council regular 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, Knoche, Trueblood, Scott. Council minutes tape recorded on Tape 04-40. The Mayor proclaimed: June Pride Month, Charles Howes, Director accepting; June Homeownership Month, Bruce Ray, Des Moines HUD Office accepting; CHILD (Children Helping Innocent Laborers Democratically), Lucas Elementary Students Nathan Zehr, Clair Barrett, and Ashley Eivins accepting. Moved by Champion, seconded by Vanderhoef, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as presented: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: May 14, Special Council Formal Official and Complete; May 17, Regular Work Session; May 18, Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action): Airport Commission - April 8, 2004; Airport Commission - April 22, 2004; Historic Preservation Commission - April 8, 2004; Historic Preservation Commission - April 22, 2004; Planning and Zoning Commission - May 6, 2004 Recommendation to Council: Rezoning of 8.07 acres from Medium Density Single-Family Residential (RS-8) to Planned Development Housing Overlay- Medium Density Single-Family Residential (OPDH-8) and the preliminary OPDH plan for Saddlebrook Meadows Part 1, including the reduction of lot width and lot area as noted on the plan, and subject to approval of a Code amendment permitting reduction of public street widths in OPDHs. Senior Center Commission - April 30, 2004; Human Rights Commission - February 24, 2004; Senior Center Commission - April 20, 2004; Telecommunications Commission- April 26, 2004; Telecommunications Commission - April 26, 2004. Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Dublin Underground, Inc., dba Dublin Underground, Inc., 5 S. Dubuque St.; Class C Liquor License for Weeks-Van Eck Post #3949 Veterans of Foreign Wars dba Weeks-Van Eck Post #3949 Veterans of Foreign Wars, 609 Highway 6 East; Class C Beer Permit for Kwik Trip, Inc., dba Tobacco Outlet Plus #537, 923 S. Riverside Dr; Motions: approve disbursements in the amount of $9,977,126.89 for the period of April 1 through April 30, 2004 as recommended by the Finance Director subject to audit. ,..~___._.._~_~___-.u ".--"'-' _·'·__'·_·_·_·___·~,______.·____m__"____..___._._~__..__...__~~ -------- Complete Description June 1, 2004 Page 2 Resolutions: RES. 04-159, 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 UNIVERSITY VIEW PARTNERS, AND TENANT TAKANAMI LLC d/b/a TAKANAMI, FOR A SIDEWALK CAFE AT 219 IOWA AVE. RES. 04-160, RESCINDING RESOLUTION 94-254 AND ADOPTING IN LIEU THEREOF A NEW RESOLUTION ESTABLISHING FEES AND POLICY FOR EXAMINATION OF PUBLIC RECORDS FOR SERVICES PERFORMED BY THE OFFICE OF THE CITY CLERK. RES. 04- 161, APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. RES. 04-162, AUTHORIZING THE MAYOR SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A SECOND MORTGAGE AGREEMENT FOR THE PROPERTY LOCATED AT 2258 RUSSELL DRIVE, IOWA CITY, IOWA. RES. 04-163, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A SECOND MORTGAGE FOR THE PROPERTY LOCATED AT 1512 DICKENSON LANE, IOWA CITY, IOWA. Correspondence: JCCOG Traffic Engineering Planner regarding Loading Zone signs in the Central Business District, listed on page 2, time limit will be modified from 30 MINUTE LIMIT back to 15 MINUTE LIMIT as stated in City Code; JCCOG Traffic Engineering Planner regarding Installation of 2 STOP signs at the driveways exiting the Iowa City Water Plant at Dubuque Street; JCCOG Traffic Engineering Planner regarding Installation of Iowa City Transit bus stop on the northeast corner of the intersection of Ruppert Road/lowa Highway 1; Keene Swett regarding City-wide Sidewalk Tax or Assessment for Sidewalk Maintenance; Jean M. Walker regarding The University of Iowa's Tennis and Recreation Facility Plan; Max Radl regarding Research Project for AP Government Class [Staff response included]; Signed Petition regarding Residents of Regency Heights; John T. Nolan regarding Destruction of Trees; Adam Vogel regarding Street Repair; Dog Park letters from - Karen Greenleaf, Kathleen Janz, BJ Matson, Elyse Miller, Debra Roberts, Lisa Schleisman; Peter Ryan Harty regarding Gas Prices; Shawn Slaven regarding Municipal Power; Brian Lisinski regarding Frisbee Golf Course for Iowa City; Ryan HolI regarding New Development Projects in Iowa; Steve Stickney regarding GRAMMY VIP; Jean Walker regarding Presentation of Melrose Historic Survey Results. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Dr. John Kammermeyer, 404 E. Bloomington St., appeared concerning northside properties nominated for inclusion on the National Registry of Historic Places; and requested the City notify the state to withdrawn the nomination and that the Council go on record that no historic preservation district would be extended into the CB-2 or CO zones on the north side around Mercy Hospital. Individual Council Members expressed their views. Moved by Wilburn, seconded by Elliott, to accept correspondence. The Mayor declared the motion -~.. --~- .....-.... -, - ...--.--. -_.,._,----_._..~ _.~. Complete Description June 1, 2004 Page 3 carried unanimously, 7/0, all Council Members present. Council directed staff to request a hold on the State review and public hearing scheduled June 11. Terry Smith, 2220 Balsam Court, Operations Manager of MidAmerican, formally requested a special election to approve an electric franchise. Moved by Vanderhoef, seconded by Elliott, to accept correspondence. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Council Members requested the matter be scheduled for discussion at the June 14 work session. Jay Honohan, 1510 Somerset Lane, Senior Center Commission Chair, updated Council on the Community Foundation and provided information on Cowboy Day scheduled for June 17 sponsored by the Community Foundation as part of the 100 year celebration. Moved by Champion, seconded by Bailey, to set a public hearing for June 15 on an ordinance rezoning approximately 3.72 acres from Community Commercial (CC-2) zone to Public (P) zone for property located south of Mall Drive (Alternative High School). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Bailey, to set a public hearing for June 15 on an ordinance rezoning 10 acres from Interim Development Multifamily/Historic Preservation Overlay (lD-RM/OHP) zone to Interim Development Single Family/Historic Preservation Overlay (ID-RS/OHP) zone for property located at 2460 S. Gilbert Street. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to set a public hearing for June 15 on an ordinance amending the zoning code, Section 14-6J-2, to allow consideration of reduction of local public streets in a Planned Development Housing Overlay (OPDH) zones. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance rezoning approximately 8.07 acres from Medium Density Single-Family Residential (RS-8) to Planned Development Housing Overlay- Medium Density Single-Family Residential (OPDH-8) and approving a preliminary OPDH plan for property located south of Whispering Meadows and west of Saddlebrook. Tom Gordon, 1718 Timber Hills Dr., representing AM Management, appeared. Moved by O'Donnell, seconded by Vanderhoef, that the ordinance amending the Zoning Chapter by changing the zoning designation of 8.07 acres from Residential Medium Density Single-Family (RS-8) to Planned Development Housing Overlay-Medium Density Single-Family Residential (OPDH-8) and approving a preliminary OPDH plan for property located south of Whispering Meadows and west of Saddlebrook, be given first reading. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Elliott, to continue public hearing to June 15, on an ordinance rezoning approximately 35.05 acres of property from Research Development Park Zone, RDP, to Office Commercial Zone, CO-1, subject to conditions, for property along the eastern portion of Northgate Drive in Northgate Corporate Park. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, to defer to June 15, the ordinance rezoning approximately 35.05 acres of property from Research Development Park Zone, RDP, to Office Commercial Zone, CO-1, subject to conditions, for property along the eastern portion of Northgate Drive in Northgate Corporate Park. The Mayor declared the motion .'. ..- -- -------,,- ,.,__--. . ..0-..___...._....._____ -----...- Complete Description June 1, 2004 Page 4 carried unanimously, 7/0, all Council Members present. PCD Director Franklin present for discussion. Council directed staff to look at the conditional zoning agreement and redesign the agreement to eliminate the one lot that is not affected by the agreement for consideration at the June 15 meeting. Moved by O'Donnell, seconded by Champion, to adopt RES. 04-164, APPROVING THE FINAL PLAT OF SANDHILL ESTATES, PART 2, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Bailey, to adopt RES. 04-165, APPROVING THE ACQUISITION OF PERMANENT AND TEMPORARY EASEMENTS FOR CONSTRUCTION OF THE CLEAR CREEK TRAIL PROJECT, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME. 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 approving plans, specifications, form of contract, and estimate of cost for the construction of the Clear Creek Trail 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 Vanderhoef, seconded by O'Donnell, to adopt RES. 04-166, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CLEAR CREEK TRAIL 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 approving plans, specifications, form of contract and estimate of cost for the construction of the Benton Hill Park Development project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement for bids, and fixing time and place for receipt of bids. No one appeared. Moved by O'Donnell, seconded by Elliott, to adopt RES. 04-167, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BENTON HILL PARK DEVELOPMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Champion, to adopt RES. 04-168, APPROVING THE CALL TO ARTISTS FOR THE ART COMPONENT OF THE BENTON HILL PARK PROJECT. Individual Council Members expressed their views. The Mayor declared resolution adopted, 6/1, with the following division of roll call vote. Ayes: Champion, Lehman, O'Donnell, Vandehoef, Wilburn, Bailey. Nays: Elliott. Absent: None. Complete Description June 1, 2004 Page 5 Moved by Vanderhoef, seconded by Bailey, that ORD. 04-4128, AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENAL TIES" OF THE CITY CODE, TO DECREASE WATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA AND TO INCREASE THE FEE ASSOCIATED WITH CHECKS RETURNED FOR INSUFFICIENT FUNDS, 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 Vanderhoef, to adopt RES. 04-169, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR VARIOUS PURCHASES IN ACCORDANCE WITH THE ANNUAL OPERATING BUDGET, CONTRACTS FOR PUBLIC IMPROVEMENTS INVOLVING THE CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT OR REPAIR OR MAINTENANCE OF A HIGHWAY, BRIDGE OR CULVERT WHEN THE ESTIMATED TOTAL COST TO THE CITY DOES NOT EXCEED $50,000, CONTRACTS FOR OTHER PUBLIC IMPROVEMENTS WHEN THE ESTIMATED TOTAL COST TO THE CITY DOES NOT EXCEED $25,000, AND CONTRACTS FOR PROFESSIONAL SERVICES WHEN THE ESTIMATED TOTAL COST OF SUCH SERVICES DOES NOT EXCEED $50,000. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by O'Donnell, seconded by Champion, to adopt RES. 04-170, AWARDING CONTRACT to All American Concrete, Inc. for $ 113,881.51 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2004 PCC PAVEMENT REHABILITATION PROJECT - DODGE STREET. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies: Airport Zoning Brd of Adjustment appointment 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; Historic Preservation Commission (Woodlawn District Representative) to fill a three-year term March 29, 2003 - March 29, 2006; Housing and Community Development Commission to fill three three-year terms September 1, 2004 - September 1, 2007; Library, Board of Trustees to fill an unexpired term ending July 1, 2005; Police Citizens Review Board to fill two four- year terms September 1, 2004 - September 1, 2008. Applications must be received by 5:00 p.m., Wednesday, June 9, 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 reported on Memorial Day observances in Ainsworth; and stated his interest in hearing the response to questions raised by Dr. Kammermeyer. Council Member O'Donnell suggested Mayor Lehman take a lot of food with him on his fishing trip. Council Member Champion noted that the bids were not that close in agenda item 12, as the Mayor had suggested. Council Member Vanderhoef thanked the City High Music Department for the invitation and reception following the Grammy award concert and acknowledged all area music Complete Description June 1,2004 Page 6 programs for aiding the development of local talent; and announced the Melrose Neighborhood will be doing a presentation on June 9th relative to their survey on positive development of historic districts in their neighborhood. Mayor Pro tem Wilburn noted the death of Tim Shields, from the Institute of Public Affairs, who assisted Council on a number of goal setting sessions, and offered condolences to the family; congratulated Jacqueline Krain on opening the smoke free jazz club downtown. Mayor Lehman congratulated graduating seniors and their parents on a successful school year; and congratulated City Clerk Karr on becoming a grandmother. Moved by O'Donnell, seconded by Vanderhoef, to adjourn meeting at 7:45 p.m. The Mayor declared the motion carried unanimously, 7/~1I Council Me~¿ent. C%~--,¿ lJ. Ernest W. Lehman, Mayor ~--) ~ '¡¿AA) Man n K. Karr, City Clerk ....___ _____._____._.._..____.._._.__~_ ...·..._'"·H.~._'___..._ --------- -------------------- --- ---------- -, em: 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 - 5/14/04 Iowa City City Council special meeting 8:30 a.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. Moved and seconded to adjourn to executive session to evaluate the professional competency of individuals whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to those individuals' reputations and those individuals requested a closed session. The Mayor declared the motion carried and adjourned into executive session 8:32 a.m. Moved and seconded to adjourn special meeting at 11 :16 a.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. stErnest W. Lehman, Mayor s/Marian K. Karr, City Clerk ~~K~ Submi d for publication - 5/19/04 ~w. ;rJ.. - .... - .--. . _._~._--.-,.-- .------ ._-~---_._--_._._...._"._--". --.--......---...- .--...--- ---------------- ! CITY OF IOWA CITY G[ !~~~1If: MEMORANDUM -..:::...... "IID ~ ......,.... Date: May 17, 2004 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, May 17, 2004, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn Staff: Atkins, Helling, Dilkes, Karr, Franklin, Fowler, Klingaman, Severson, Trueblood, Logsden Tapes: 04-36, Side 2; 04-39, Side 1 (A complete transcription is available in the City Clerk's Office) ADDITION TO AGENDA Council agreed to add the resolution on compensation for the City Manager, City Attorney, and City Clerk to the agenda. PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following items: A. SETTING A PUBLIC HEARING FOR JUNE 1 ON AN ORDINANCE REZONING APPROXIMATELY 8.07 ACRES FROM MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (RS-8) TO PLANNED DEVELOPMENT HOUSING OVERLAY-MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (OPDH-8) FOR PROPERTY LOCATED SOUTH OF WHISPERING MEADOWS AND WEST OF SADDLEBROOK. (Saddlebrook Meadows) (REZ04-00008) B. REZONING APPROXIMATELY 35.05 ACRES OF PROPERTY FROM RESEARCH DEVELOPMENT PARK ZONE, RDP, TO OFFICE COMMERCIAL ZONE, CO-1, SUBJECT TO CONDITIONS, FOR PROPERTY ALONG THE EASTERN PORTION OF NORTHGATE DRIVE IN NORTHGATE CORPORATE PARK. (REZ04-00007) Southgate representative Glenn Siders stated one signature had not be secured on the conditional zoning agreement Franklin stated the hearing may have to be continued and ordinance deferred to June 1 if the signature was not received. C. 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) (PASS AND ADOPT) _._.w... ~_ __ .m__n_ --~._.__._-~~~.._- ..-.....--. ---"._--~----_._~-- Council Work Session May 17, 2004 Page 2 D. RESOLUTION APPROVING THE PRELIMINARY PLAT OF GENERAL QUARTERS, IOWA CITY, IOWA (SUB04-00005) PIN GRANTS (Agenda Item # 11) Neighborhood Services Coordinator Klingaman presented information. In response to Vanderhoef, Kiingaman will provide a status report of grant recipients last year. ACTION: Provide status report at formal meeting of May 18. (Klingaman) FREE MEDICAL CLINIC PRESENTATION Maureen Connolly, medical director, presented information. DOG PARK RECOMMENDATION Parks & Recreation Director Trueblood, and JC Dog Park Action Committee Member Beth Shields present for discussion. ACTION: Majority agreed to the concept of locating the dog park in the Peninsula location, and directed staff to talk with the developer, and provide recommendations on the availabilities of money for the project. (Trueblood) AGENDA ITEMS 1. (Consent Calendar # 2e(2) - JCCOG Transportation Planner.... Relocation of Iowa City transit bus stop ... ACT Circle...) Parking & Transit Director Fowler and Transit Mgr. Logsden present for discussion. Council directed the City Manager to contact Dick Ferguson at ACT regarding the issue. 2. (Item # 6 - Hearing and resolution assessing ... civil penalty against Petro & Provisions ....) In response to Elliott, City Atty. Dilkes and City Clerk Karr answered questions regarding the selling of tobacco products to minors and state code penalties. Staff will provide copy of summary memo prepared by ACA Matthews to new Council Members Bailey and Elliott. 3. (Item # 5 Public hearing and resolution approving amendments to the FY05 Operating Budget) Council Member Vanderhoef reported on conversation she had with City Budget Analyst Mansfield regarding a discrepancy in the budget carryover and the actual, and stated she asked Finance Director O'Mailey to present information at the hearing. 4. Council Member Vanderhoef requested staff prepare an update on the status of State and Federal grants. City Mgr. Atkins stated he would also include a brief history. 5. (Item # 12 - Resolution ... second amendment to the agreement for private redevelopment ... Sycamore Mall) In response to Elliott, the City Attorney and City Manager stated everything was in order. -- - _._--_._,-_.__.....---,_._.._._-,~. Council Work Session May 17, 2004 Page 3 6. (Consent Calendar # 2d(11) ... Resolution... execute an agreement for recycling services ... City Carton Company...) In response to Mayor Pro tem Wilburn, the City Manager affirmed the new contract will provide pick up of plastics numbered 1-7. The City Manager stated educational materials will be provided prior to implementation, and noted some neighborhoods because of the widths of the streets, would require a smaller truck and commingled recycling. 7. (Item # 8 - Resolution amending budget" maintenance operator - water) In response to Vanderhoef, the City Manager stated the change would add $4000 a year to the budget, and said an estimate of outsourcing would be available after one year. 8. (Item #148 (late addition) ... Resolution on unclassified compensation ". ) City Atty. Diikes stated the resolution eliminated the "Hours of Work" provision and stated that the provision simply recognized the flexibility that professional employees have when they work hours outside the normal workday. She indicated that the provision was not intended nor has it been implemented to provide compensatory time to any of the three employees, and that none of the employees take or take hours. 9. (Item # 9 and # 10 ... Riverside Theater... Lower City Park) City Atty. Dilkes pointed up the agreement and transfer was from June 8 through July 15, and in addition to performances would also cover fundraisers during those dates. Riverside Theater representative Ron Clark present for discussion. COUNCIL APPOINTMENTS None COUNCIL TIME 1. Council Member Vanderhoef said she was a member of the State League of Cities Legislative Committee, which meets June 30, and Council Members to contact her with any suggestions for legislative items for the coming year. 2. Council Member Elliott noted an article in the newspaper regarding the fraternity house recently closed for a number of violations, and said an individual involved said the closure "leaked a series of false allegations". The City Manager confirmed the incident had been documented. IDENTIFICATION OF PRIORITIES FOR DISCUSSION None Meeting adjourned 8: 15 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 - 5/18/04 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. Mayor Lehman and Council acknowledged the 25 years of service by City Clerk Karr. 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: May 3, Special Council Formal Official and Complete; May 3, Regular Work Session; May 4, Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action): Planning and Zoning Commission - April 15, 2004 Recommendation: REZ04-00007, an application for rezoning from RDP, Research Development Park, to CO-1, Office Commercial, for 35.05- acres of property located on the eastern portion of Northgate Drive subject to a Conditional Zoning Agreement requiring a 1-acre minimum lot size for the property and the parkway and wide sidewalk system laid out for Northgate Corporate Park being maintained. Recommendation: SUB04-00008, a final plat of Wild Prairie Estates, Part 5, a 25.79-acre, 34-lot residential subdivision located at Wild Prairie Drive and Prairie Grass Lane subject to Staff approval of legal papers and construction drawings prior to City Council consideration. Recommendation: SUB04-00009, a final plat of Sand Hill Estates, Part 1, a 59.33-acre, 56-lot, single-family residential subdivision, subject to Staff approval of legal papers and construction plans, and landscaping for Outlot E, prior to City Council consideration. Recommendation: Section 10 of the Planning and Zoning Commission By Laws be forwarded to the Rules Committee of the City Council for consideration of the proposed revisions as shown in Staffs Memorandum dated 4/9/04. Telecommunications Commission - March 22, 2004; Planning and Zoning Commission - April 1, 2004 Recommendation: Final plat for SUB04-00001, an item submitted by James Davis for the JJR Davis Addition, a 26.98-acre, 8-Lot commercial subdivision located west of Mormon Trek Boulevard, south of Hwy 1. Civil Service Commission - April 29, 2004; Police Citizens Review Board: March 9, 2004 Recommendation: Accept PCRB Report on Complaint #03-13. -- -- -- Official Actions May 18, 2004 Page 2 Public Art Advisory Committee - April 1, 2004. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class B Wine Permit for Linn Street Café, Inc., 121 N. Linn St.; Class C Liquor License for Siren, 124 S. Dubuque St Renewal: Class C Liquor License for Vine Tavern & Eatery, 330 E. Prentiss St; Class C Liquor License for Linn Street Café, Inc., 121 N. Linn St; Class C Liquor License for Colonial Lanes, 2253 Highway 218 S.; Class C Liquor License for Shakespeare's, 819 First Ave. S.; Class C Beer Permit for Dubuque Street HandiMart, 204 N. Dubuque St; Class C Beer Permit for Suburban Amoco, 370 Scott Court. Resolutions: RES. 04-138, SETTING A PUBLIC HEARING for June 1 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CLEAR CREEK TRAIL PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 04- 139, SETTING A PUBLIC HEARING FOR JUNE 1 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF BENTON HILL PARK, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 04-140, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM HARTIG DRUG COMPANY. RES. 04-141, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM WAL-MART (STORE NO. 1721). RES. 04-142, ACCEPTING USE OF SECTION 453A.22(4) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY SUBURBAN AMOCO - KEOKUK. RES. 04-143, ACCEPTING USE OF SECTION 453A.22(4) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY BO JAMES. RES. 04-144, ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE CITY PARK POOL FILTER RENOVATION PROJECT. RES. 04-145, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM LOYAL ORDER OF MOOSE LODGE 1096. RES. 04-146, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE 28- E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY PROVIDING FOR PRESERVATION OF THE OAKDALE BOULEVARD CORRIDOR. RES. 04-147 ACCEPTING THE WORK FOR THE SCOTT PARK TRUNK SANITARY SEWER PROJECT. RES. 04-148, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR RECYCLING SERVICES WITH CITY CARTON COMPANY, INC. OF IOWA CITY, IOWA. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of two No Parking between Signs with Arrow Signs. One sign will be placed approximately 20' north of the Water Division pump station driveway on Emerald St The second sign will be approximately 20' to the south of the driveway to the Water Division pump station on Emerald St; JCCOG Traffic Engineering Planner regarding Relocation of Iowa City Transit bus stop from the west side of intersection of ACT Circle/Iowa Highway 1 to the west side of the intersection of Iowa Highway 1/Scott Boulevard. [Staff memo included]. Dog Park from Jane Knoedel, Denise Krutzfeldt, ,... ".--..-- - ---- Official Actions May 18, 2004 Page 3 Kris Obssuth, Jeanne Nelson, Karen Fashimpaur, Jessica Jensen-Arnold, Shannon Day; Melissa Copeland regarding Concerns Regarding Public Transportation [Staff response included]; Rob Phipps regarding Franchise Agreement; Eric Kerchner regarding Receipt of Community Development Block Grant Funds; Charlotte Walker regarding Kurtus Miller Unsolved Murder Case-March 2000 [Staff response included]; Jeanna Boyes regarding Parking Situation in Iowa City; Megan Hichwa regarding 17 Year-Old Voting Permit [Staff response included]; United States Interagency Council on Homelessness regarding ICH E-Newsletter; Joshua Kirkpatrick regarding Proposal urging the study of the Thermal Conversion Process in the City's wastewater treatment process; Second-Hand Smoke from Heidi Govekar, Patricia Santangelo; Patricia Santengelo regarding The Changing Face of Homelessness in Iowa; Keene Swett regarding Sidewalk Assessments [Staff Response Included]; Ashley Eivins, Co-chair Political CHILD (Children Helping Innocent Labors Democratically) Committee regarding Elimination of Child Labor. The Mayor declared the motion carried. Mary Lutrell and Jane Dinsmore, Iowa City American Legion Auxiliary, presented poppies to the Council to promote Poppy Days, May 21 and 22. The following individuals appeared representing the Johnson County Community Concerned Citizens': Susan Burgdorf, 333. Lucas St.; Rev. Dee Lundberg, 1625 DeForest Ave.; Melissa Copeland, 1422 E. Davenport St.; and Frank Webb. Staff will follow up on issues. Moved and seconded to set a public hearing for June 1 on an ordinance rezoning approximately 8.07 acres from Medium Density Single-Family Residential (RS-8) to Planned Development Housing Overlay-Medium Density Single-Family Residential (OPDH-8) for property located south of Whispering Meadows and west of Saddlebrook (Saddlebrook Meadows). The Mayor declared the motion carried. Moved and seconded to continue public hearing to June 1 on an ordinance rezoning approximately 35.05 acres of property from Research Development Park Zone, RDP, to Office Commercial Zone, CO-1, subject to conditions, for property along the eastern portion of Northgate Drive in Northgate Corporate Park. Glenn Siders, Southgate Development, appeared. The Mayor declared the motion carried. Moved and seconded to defer to June 1, an ordinance rezoning approximately 35.05 acres of property from Research Development Park Zone, RDP, to Office Commercial Zone, CO-1, subject to conditions, for property along the eastern portion of Northgate Drive in Northgate Corporate Park, be given first vote. The Mayor declared the motion carried. Moved and seconded that ORD. 04-4127, 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, be passed and adopted. Moved and seconded to adopt RES. 04-149, APPROVING THE PRELIMINARY PLAT OF GENERAL QUARTERS, IOWA CITY, IOWA. A public hearing was held on resolution approving amendments to the FY2004 Operating Budget. Finance Director O'Malley recommended a modification to the published amendment to change the business activity line by $9,320,198 due to an accounting system -- -- Official Actions May 18, 2004 Page 4 issue and proposed reducing the amending by that amount as shown on the amended resolution distributed that evening. Moved and seconded to adopt RES. 04-150, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2004, as amended during the public hearing. A hearing was conducted on resolution assessing a $300.00 civil penalty against Petro & Provisions, pursuant to Iowa Code Section 453A.22(2) (2003). Andy Chappell, Johnson County Attorney's Office, appeared. Moved and seconded to adopt RES. 04-151, ASSESSING A $300.00 CIVIL PENALTY AGAINST PETRO & PROVISIONS. Moved and seconded that the ordinance amending Title 3, "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and penalties" of the City Code to Decrease Water Service Charges and Fees in Iowa City, Iowa and to increase the fee associated with checks returned for insufficient funds, be given second vote. The Mayor declared the motion carried. Moved and seconded to adopt RES. 04-152, AMENDING THE BUDGETED POSITIONS IN THE WATER DIVISION OF THE PUBLIC WORKS DEPARTMENT BY DELETING THE POSITION OF ELECTRONICS TECH-WATER AND ADDING A POSITION OF MAINTENANCE OPERATOR-WATER. Moved and seconded to adopt RES. 04-153, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH RIVERSIDE THEATRE THAT ALLOWS THE SALE OF WINE AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK FROM JUNE 8, 2004 TO JULY 15, 2004. Moved and seconded to approve transfer of license for Riverside Theater from 213 N. Gilbert street to Riverside Festival Stage, Lower City Park. The Mayor declared the motion carried. Tom Bender, Chairperson of the Riverside Theater, thanked Council and staff for their assistance. Moved and seconded to adopt RES. 04-154, APPROVING DISTRIBUTION OF THE "PROGRAM FOR IMPROVING NEIGHBORHOODS" (PIN) GRANT FUNDS FOR FISCAL YEAR 2005. The following individuals appeared: Jerry Hansen, 1239 Burns, Ave., representing Wetherby and Longfellow neighborhoods; Helen Burford, Northside; Jean Walker, 335 Lucon Dr., Melrose, and Garry Klein, 628_2nd Ave., Creekside. Moved and seconded to adopt RES. 04-155, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE SECOND 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. 04-156, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE BROOKLAND PARK SEWER SEPARATION PROJECT. Moved and seconded to adopt RES. 04-157, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE HIGHWAY 6 SIDEWALK EXTENSION PROJECT (STP-E- 3715(624)--8V-52) PROJECT. Moved and seconded to adopt RES. 04-158, ON UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2005 FOR THE CITY MANAGER, CITY ATTORNEY, AND CITY CLERK, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK .,.----<-- ,- ..~-_..--,----'. ~.- - - --------- . - -- Official Actions May 18, 2004 Page 5 TO EXECUTE AMENDMENTS TO THE CONTRACTS OF THE CITY MANAGER, CITY ATTORNEY, AND CITY CLERK TO DELETE THE PROVISION ENTITLED "HOURS OF WORK". The Mayor noted the previously announced vacancies: Airport Zoning Brd of Adjustment to fill a'n unexpired term ending December 31,2006; Airport Zoning g Brd of Adjustment to fill an unexpired plus a five-year term ending December 31,2008; Historic Preservation Commission (Woodlawn District Representative) to fill a three-year term March 29, 2003 - March 29, 2006; Housing and Community Development Commission to fill three three-year terms September 1, 2004 - September 1, 2007. Library, Board of Trustees to fill an unexpired term ending July 1, 2005. Police Citizens Review Board to fill two four-year terms September 1, 2004 - September 1,2008. Applications must be received by 5:00 p.m., Wednesday, June 9, 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 7:55 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 7?\.~ K ~ Submitted for publication - 5/24/04. ~w. ~¿~-- Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MAY 14, 2004 Iowa City City Council special meeting 8:30 a.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell. Absent: Vanderhoef, Wilburn. Staff members present: Atkins, Dilkes, KarL Council minutes tape recorded on Tape 04-38, Side 2. Moved by Bailey, seconded by Champion, to adjourn to executive session to evaluate the professional competency of individuals whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to those individuals' reputations and those individuals requested a closed session (City Manager, City Attorney, City Clerk). Affirmative roll call vote unanimous, 5/0, Wilburn, Vanderhoef absent. The Mayor declared the motion carried and adjourned into executive session 8:32 a.m. Mayor Pro tem Wilburn arrived 8:37 a.m. Council Member Vanderhoef arrived 8:40 a.m. Council returned to open session 11 :14 a.m. Moved by Vanderhoef, seconded by Elliott, to adjourn special meeting at 11 :16 a.m. The Mayor declared the motion carried, 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 MAY 18, 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, Knoche, Franklin, O'Malley, Slutts, Klingaman, Boelk. Council minutes tape recorded on Tape 04-38, Side 2; Tape 04-40, Side 1. Mayor Lehman and Council acknowledged the 25 years of service by City Clerk Karr. 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: May 3, Special Council Formal Official and Complete; May 3, Regular Work Session; May 4, Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action): Planning and Zoning Commission - April 15, 2004 Recommendation: REZ04-00007, an application for rezoning from RDP, Research Development Park, to CO-1, Office Commercial, for 35.05- acres of property located on the eastern portion of Northgate Drive subject to a Conditional Zoning Agreement requiring a 1-acre minimum lot size for the property and the parkway and wide sidewalk system laid out for Northgate Corporate Park being maintained. Recommendation: SUB04-00008, a final plat of Wild Prairie Estates, Part 5, a 25.79-acre, 34-lot residential subdivision located at Wild Prairie Drive and Prairie Grass Lane subject to Staff approval of legal papers and construction drawings prior to City Council consideration. Recommendation: SUB04-00009, a final plat of Sand Hill Estates, Part 1, a 59.33-acre, 56-lot, single-family residential subdivision, subject to Staff approval of legal papers and construction plans, and landscaping for Outlot E, prior to City Council consideration. Recommendation: Section 10 of the Planning and Zoning Commission By Laws be forwarded to the Rules Committee of the City Council for consideration of the proposed revisions as shown in Staff's Memorandum dated 4/9/04. Telecommunications Commission - March 22, 2004: Planning and Zoning Commission - April 1, 2004 Recommendation: Final plat for SUB04-00001, an item submitted by James Davis for the JJR Davis Addition, a 26.98-acre, 8-Lot commercial subdivision located west of Mormon Trek Boulevard, south of Hwy 1. Civil Service Commission - April 29, 2004; Police Citizens Review Board: March 9, 2004 .-." ---....-- -~'-"-'-'-"- .wO.. .____._.._ ----.----..,-..-..-- _..._~_.. Complete Description May 18, 2004 Page 2 Recommendation: Accept PCRB Report on Complaint #03-13. Public Art Advisory Committee - April 1, 2004. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class B Wine Permitfor Linn Street Café, Inc., dba Linn Street Café, Inc., 121 N. Linn St.; Class C Liquor License for Grain Enterprises, LLC, dba Siren, 124 S. Dubuque St. Renewal: Class C Liquor License for Kennedy Investments, Inc., dba Vine Tavern & Eatery, 330 E. Prentiss St.; Class C Liquor License for Linn Street Café, Inc., dba Linn Street Café, Inc., 121 N. Linn St.; Class C Liquor License for Pershell Corp., dba Colonial Lanes, 2253 Highway 218 S.; Class C Liquor License for Quzer, Inc., dba Shakespeare's, 819 First Ave. S.; Class C Beer Permit for Nordstrom Oil Co., dba Dubuque Street HandiMart, 204 N. Dubuque St.; Class C Beer Permit for Suburban Investors L.C., dba Suburban Amoco, 370 Scott Court. Resolutions: RES. 04-138, SETTING A PUBLIC HEARING for June 1 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CLEAR CREEK TRAIL PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 04- 139, SETTING A PUBLIC HEARING FOR JUNE 1 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF BENTON HILL PARK, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. RES. 04-140, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM HARTIG DRUG COMPANY. RES. 04-141, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM WAL-MART (STORE NO. 1721). RES. 04-142, ACCEPTING USE OF SECTION 453A.22(4) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY SUBURBAN AMOCO - KEOKUK. RES. 04-143, ACCEPTING USE OF SECTION 453A.22(4) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY BO JAMES. RES. 04-144, ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE CITY PARK POOL FILTER RENOVATION PROJECT. RES. 04-145, ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM LOYAL ORDER OF MOOSE LODGE 1096. RES. 04-146, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE 28- E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY PROVIDING FOR PRESERVATION OF THE OAKDALE BOULEVARD CORRIDOR. RES. 04-147 ACCEPTING THE WORK FOR THE SCOTT PARK TRUNK SANITARY SEWER PROJECT. RES. 04-148, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR RECYCLING SERVICES WITH CITY CARTON COMPANY, INC. OF IOWA CITY, IOWA. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of two No Parking between Signs with Arrow Signs. One sign will be placed approximately 20' north of the Water Division pump station driveway on Emerald St. The second sign will be approximately 20' to the south of the driveway to the Water Division pump station on Emerald St.; JCCOG Traffic Engineering Planner regarding Complete Description May 18, 2004 Page 3 Relocation of Iowa City Transit bus stop from the west side of intersection of ACT Circle/Iowa Highway 1 to the west side of the intersection of Iowa Highway 1/Scott Boulevard. [Staff memo included]. Dog Park from Jane Knoedel, Denise Krutzfeldt, Kris Obssuth, Jeanne Nelson, Karen Fashimpaur, Jessica Jensen-Arnold, Shannon Day; Melissa Copeland regarding Concerns Regarding Public Transportation [Staff response included]; Rob Phipps regarding Franchise Agreement; Eric Kerchner regarding Receipt of Community Development Block Grant Funds; Charlotte Walker regarding Kurtus Miller Unsolved Murder Case-March 2000 [Staff response included]; Jeanna Boyes regarding Parking Situation in Iowa City; Megan Hichwa regarding 17 Year-Old Voting Permit [Staff response included]; United States Interagency Council on Homelessness regarding ICH E-Newsletter; Joshua Kirkpatrick regarding Proposal urging the study of the Thermal Conversion Process in the City's wastewater treatment process; Second-Hand Smoke from Heidi Govekar, Patricia Santangelo; Patricia Santengelo regarding The Changing Face of Home essness in Iowa; Keene Swett regarding Sidewalk Assessments [Staff Response Included]; Ashley Eivins, Co-chair Political CHILD (Children Helping Innocent Labors Democratically) Committee regarding Elimination of Child Labor. Affirmative roll call vote unanimous, 7/0, all Council Members present The Mayor declared the motion carried. Mary Lutrell and Jane Dinsmore, Iowa City American Legion Auxiliary, presented poppies to the Council to promote Poppy Days, May 21 and 22. The following individuals appeared representing the Johnson County Community Concerned Citizens': Susan Burgdorf, 333. Lucas St; Rev. Dee Lundberg, 1625 DeForest Ave.; Melissa Copeland, 1422 E. Davenport St; and Frank Webb. Staff will follow up on issues. Moved by Wilburn, seconded by Bailey, to set a public hearing for June 1 on an ordinance rezoning approximately 8.07 acres from Medium Density Single-Family Residential (RS-8) to Planned Development Housing Overlay-Medium Density Single-Family Residential (OPDH-8) for property located south of Whispering Meadows and west of Saddlebrook (Saddlebrook Meadows). The Mayor declared the motion carried unanimously, 7/0, all Council Members present Moved by O'Donnell, seconded by Champion, to continue public hearing to June 1 on an ordinance rezoning approximately 35.05 acres of property from Research Development Park Zone, RDP, to Office Commercial Zone, CO-1, subject to conditions, for property along the eastern portion of Northgate Drive in Northgate Corporate Park. Glenn Siders, Southgate Development, appeared. PCD Director Franklin present for discussion. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Vanderhoef, to defer to June 1, an ordinance rezoning approximately 35.05 acres of property from Research Development Park Zone, RDP, to Office Commercial Zone, CO-1, subject to conditions, for property along the eastern portion of Northgate Drive in Northgate Corporate Park, be given first vote. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Vanderhoef, that ORD. 04-4127, 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 May 18, 2004 Page 4 SOUTHPOINT SUBDIVISION, 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 adopt RES. 04-149, APPROVING THE PRELIMINARY PLAT OF GENERAL QUARTERS, 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 resolution approving amendments to the FY2004 Operating Budget. Finance Director O'Malley recommended a modification to the published amendment to change the business activity line by $9,320,198 due to an accounting system issue and proposed reducing the amending by that amount as shown on the amended resolution distributed that evening. Moved by Champion, seconded by Vanderhoef, to adopt RES. 04-150, AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2004, as amended during the public hearing. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A hearing was conducted on resolution assessing a $300.00 civil penalty against Petro & Provisions, pursuant to Iowa Code Section 453A.22(2) (2003). Andy Chappell, Johnson County Attorney's Office, appeared. Moved by Vanderhoef, seconded by Elliott, to adopt RES. 04-151, ASSESSING A $300.00 CIVIL PENALTY AGAINST PETRO & PROVISIONS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Champion, that the ordinance amending Title 3, "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and penalties" of the City Code to Decrease Water Service Charges and Fees in Iowa City, Iowa and to increase the fee associated with checks returned for insufficient funds, be given second vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Wilburn, to adopt RES. 04-152, AMENDING THE BUDGETED POSITIONS IN THE WATER DIVISION OF THE PUBLIC WORKS DEPARTMENT BY DELETING THE POSITION OF ELECTRONICS TECH-WATER AND ADDING A POSITION OF MAINTENANCE OPERATOR-WATER. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by O'Donnell, to adopt RES. 04-153, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH RIVERSIDE THEATRE THAT ALLOWS THE SALE OF WINE AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK FROM JUNE 8, 2004 TO JULY 15, 2004. The Mayor declared the resolution adopted, 6/1, with the following division of roll call vote. Ayes: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott. Nays: Lehman. Absent: None. Moved by Champion, seconded by Bailey, to approve transfer of license for Riverside Theater from 213 N. Gilbert street to Riverside Festival Stage, Lower City Park. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott. Nays: Lehman. Absent: None. Tom Bender, Chairperson of the Riverside Theater, thanked Council and staff for their assistance. Moved by Wilburn, seconded by Bailey, to adopt RES. 04-154, APPROVING DISTRIBUTION OF THE "PROGRAM FOR IMPROVING NEIGHBORHOODS" (PIN) GRANT Complete Description May 18, 2004 Page 5 FUNDS FOR FISCAL YEAR 2005. The following individuals appeared: Jerry Hansen, 1239 Burns, Ave., representing Wetherby and Longfellow neighborhoods; Helen Burford, Northside; Jean Walker, 335 Lucon Dr., Melrose, and Garry Klein, 628_2nd Ave., Creekside. Neighborhood Services Coordinator Klingaman presented information on last year recipients. 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. 04-155, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE SECOND 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 Wilburn, seconded by O'Donnell, to adopt RES. 04-156, AWARDING CONTRACT to All American Concrete, Inc. for $ 104,723.00 AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE BROOKLAND PARK SEWER SEPARATION PROJECT. 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. 04-157, AWARDING CONTRACT to Peterson Contractors, Inc., for $148,889.00, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE HIGHWAY 6 SIDEWALK EXTENSION PROJECT (STP-E- 3715(624)--8V-52) PROJECT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Vanderhoef, to adopt RES. 04-158, ON UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2005 FOR THE CITY MANAGER ($140,545.60), CITY ATTORNEY ($58,818.24/60% FTE), AND CITY CLERK ($75,816.00), AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENTS TO THE CONTRACTS OF THE CITY MANAGER, CITY ATTORNEY, AND CITY CLERK TO DELETE THE PROVISION ENTITLED "HOURS OF WORK". Affirmation roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies: Airport Zoning Brd of Adjustment to fill an unexpired term ending December 31,2006; Airport Zoning g Brd of Adjustment to fill an unexpired plus a five-year term ending December 31,2008; Historic Preservation Commission (Woodlawn District Representative) to fill a three-year term March 29, 2003 - March 29, 2006; Housing and Community Development Commission to fill three three-year terms September 1, 2004 - September 1, 2007. Library, Board of Trustees to fill an unexpired term ending July 1, 2005. Police Citizens Review Board to fill two four-year terms September 1, 2004 - September 1,2008. Applications must be received by 5:00 p.m., Wednesday, June 9, 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.]. Complete Description May 18, 2004 Page 6 Council Member Elliott said he was disappointed that SSMID had not gone forward, and stated he thought the downtown really needs to pull together; and reported on the Crisis Center breakfast. Council Member Champion asked for an update on the district plans by the Planning & Community Development staff. The City Mgr. reported staff was involved in the development code rewrite and two planning positions were not filled as well. Council Member O'Donnell said he was a pleasure to work with the Mayor and others at the Crisis Center breakfast. Mayor Pro tem Wilburn announced that the Iowa Center for Aids Resource and Education, along with the New Pioneer Co-op, will have their 1 ¡th annual I-CARE benefit breakfast on June 6 from 8AM to 1 PM in the downtown Pedestrian Mall; and thanked Council and 98 volunteers for helping serve 1,031 at the Crisis Center breakfast. Council Member Bailey reminded citizens that May was bicycle month and encouraged everyone of the ride your bike to work day on May 21. Mayor Lehman reported on the welcome home from Iraq ceremony for the 389th held at Carver Hawkeye Arena; and encouraged citizens to participate in various events planed for Memorial Day in our community. The City Manager reminded Council that the next work session would be held prior to the formal meeting on June 1 sure to Memorial Day. Moved by Bailey, seconded by Wilburn, to adjourn meeting at 7:55 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk