HomeMy WebLinkAbout2004-06-15 Agenda
Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040.
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City Council Agenda "-~ .....~
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CiTY OF IOWA CiTY
Regular Formal
JUNE 15, 2004 - 7:00 p.m.
City Hall - Harvat Hall
410 E. Washington Street www.icgov.org
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ITEM 1. CALL TO ORDER. ~f ~ ~
ROLL CALL.
ITEM 2. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
a. Approval of Council Actions, subject to corrections. as recommended by
the City Clerk.
1) June 1, Special Council Work Session
2) June 1, Regular Council Formal Official and Complete
b. Receive and File Minutes of Boards and Commissions (recommendations
to Council become effective only upon separate Council action).
1) Housing and Community Development Commission: April 15, 2004
Recommendation: Anthony moved to recommend adoption of the FY05
Annual Action Plan by the City Council; Greazel seconded. All in favor;
motion carries 6-0.
2) Public Library Board of Trustees: April 22, 2004
:3) åsattør:eel âila ~8I::1siA€I TÐsldøree: ^J3Fil 29, 2QO~ .!I'.... !~\. !''''~'t\
1) Seatterea Site 116t13iR§ TS31tferœ. M8y 12, 2004 S"L :r:~.ç. f'''~-4-
5) Historic Preservation Commission: May 13, 2004
6) Animal Care and Adoption Center Advisory Board: May 26, 2004
7) Public Art Advisory Committee: May 6, 2004
8) Public Art Advisory Committee: May 20, 2004
Recommendation: The Public Art Advisory Committee asks for the City
Council to approve a Call to Artists for the entranceway art component
of the Benton Hill Park project.
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~ 1 CITY OF IOWA CITY
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!~~;!S MEMORANDUM
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TO: Mayor, City Council, General Public
FROM: City Clerk
DATE: June 15, 2004
RE: Changes to~()~nt Calpndar -,- --------.
_._.___ ._n"_
ITEM 2b(3) (DELETE) Scattered Site Housing Taskforce: April 29, 2004
2b(4) (DELETE) Scattered Site Housing Taskforce: May 12, 2004
ITEM 2f(12) MEC Special Election: James Larew, Brett Cloyd
* * * *
June 15, 2004 City of Iowa City Page 2
9) Planning and Zoning Commission: May 20, 2004
Recommendation: an application for rezoning from Community
Commercial (CC-2) zone to Public (P) zone for 3.72-acres of property
located south of Mall Drive.
Recommendation: an application for rezoning from ID-RM/OMP, Interim
Development Multifamily/Historic Preservation Overlay, to ID-RS/OHP,
Interim Development Single Family/Historic Preservation Overlay.
Recommendation: a final plat of Sand Hill Estates, Part 2 a 4.75-acre,
21-lot, single-family residential subdivision, located at the western
terminus of Langenberg Avenue sUbject to Staff approval of legal
papers and construction plans prior to Council consideration.
Recommendation: a final plat of Country Club Estates, Part 2, a 42-lot,
16.65-acre subdivision located west of Flagstaff Drive subject to Staff
approval of legal papers and construction drawings including the
stormwater detention easement prior to City Council consideration.
Recommendation: an amendment to the Zoning Code, Section 14-6J-2,
to allow consideration of the reduction of street widths for public streets
in Planned Development Housing Overlay (OPDH) zones.
10) Rules Committee Meeting: June 4, 2004
11) Parks and Recreation Commission: May 12, 2004
Recommendation: endorse a dog park with the understanding that the
planning process be open to the public so as to provide a mechanism
for input to be received, reviewed and acted upon. Unanimous.
c. Permit Motions and Resolutions as Recommended by the City Clerk.
New:
1) Class C Liquor License for 808 Restaurant & Nightclub, Inc., dba 808
Restaurant & Nightclub, Inc., 121 Iowa Ave. [See memo from County
Attorney]
2) Outdoor Service Area for Blazin Wings, Inc., dba Buffalo Wild Wings
Grill & Bar, 201 S. Clinton St.
Renewal:
3) Class C Liquor License for David L. Alberhasky dba Dave's Foxhead
Tavern, 402 E. Market St.
4) Special Class C Liquor License for D & E Restaurant, Inc., dba Z'Mariks
Noodle Café, 19 S. Dubuque St.
5) Class B Beer Permit for NPC International, Inc., dba Pizza Hut #4358,
1921 Keokuk St.
6) Class C Beer Permit for Antonio Pacheco dba EI Paso The Mexican
11\ Store, 609 Hollywood Blvd.
04-- 7) Resolution to Issue Cigarette Permits
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June 15, 2004 City of Iowa City Page 3
d. Setting Public Hearings.
04 - 17.:1 1) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR JULY 6
ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE
OF COST FOR INSTALLING A NEW LIGHTING SYSTEM ON MERCER
PARK BASEBALL DIAMOND #1, 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.
Comment: This project is being undertaken to increase the lighting level on
this diamond to high school standards. The current light level is sufficient for
recreational baseball, but in order for this facility to serve as City High's home
field, high school standards are required. Even though the field lighting will
be increased "hoods" will be placed on all the fixtures in order to direct more
light onto the field of play, with less spillover outside the field of play. The
Iowa City Community School District will reimburse the City for all costs
associated with this project.
e. Resolutions.
04- IT1.¡ 1) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF
TRANSPORTATION FUNDING AGREEMENT FOR THE SOUTH
GRAND AVENUE IMPROVEMENTS PROJECT STP-U-3715(627)--70-
52.
Comment: This resolution authorizes the City to enter into a funding
agreement with the Iowa Department of Transportation (IDOT) for the
South Grand Improvements Avenue Project. The agreement provides for
a grant of $240,000, not to exceed 80% of the project cost. The UI has
agreed to provide the local match and all portions of the total project cost
in excess of the (DOT grant.
cA- 114.- 2) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN
REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT
723 OAKLAND AVENUE, IOWA CITY, IOWA.
Comment: The owners of the property located at 723 Oakland Avenue
received assistance through the City of Iowa City's Housing
Rehabilitation Program in amount of $3,085. The loan has been paid off;
thus the lien needs to be released.
June 15, 2004 City of Iowa City Page 4
04- (7C; 3) CONSIDER A RESOLUTION AUTHORIZING THE EXECUTION OF A
CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND LINN COUNTY FOR LEAD BASED PAINT HAZARDS
SERVICES.
Comment: The City of Iowa City and Linn County recognize a need to
provide proper Lead Based Paint Hazard Services to the citizens of the
City of Iowa City and Linn County and have negotiated the terms of a
28E Agreement for this.
04-- 17 (p 4) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF
REAL ESTATE MORTGAGE FOR THE PROPERTY LOCATED AT
LOT 17 LONGFELLOW MANOR, IOWA CITY, IOWA.
Comment: Greater Iowa City Housing Fellowship (GICHF) owns the
property located at Lot 17 Longfellow Manor. GICHF received
assistance through the City of Iowa City's Home Investment Partnership
Program (HOME) to acquire land for affordable rental and owner-
occupied housing. GICHF has two HOME agreements with the City, one
from 2002 and one from 2003, for property acquisition. Lot 17 presently
is contained in the agreement from 2003, but the parties have executed
amendments to both the 2002 agreement and the 2003 agreement to
include Lot 17 in the 2002 agreement rather than the 2003 agreement.
GICHF has executed a new mortgage for Lot 17 in conjunction with
these amendments. The existing lien for Lot 17 needs to be released
from the initial mortgage to reflect the amendments.
June 15, 2004 City of Iowa City Page 5
D4-- (lJ 5) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A GRADING AND
DEVELOPMENT AGREEMENT AND COVENANT FOR A PORTION OF
GOVERNMENT LOT 1 EAST OF GILBERT STREET, IOWA CITY,
IOWA
Comment: Developer is the owner of certain real property located within
the floodplain and generally located north and south of Southgate Avenue
and east of south Gilbert Street in Iowa City. Developer has submitted a
grading plan and applied for a grading permit on said property. However,
prior to submitting said plan and applying for said permit, substantial fill
had been placed upon the real property without the benefit of a plan
and/or permit as required by City ordinances. Rather than require the
removal of said unapproved fill, Public Works and the Developer have
agreed to certain conditions on issuance of permits for the property to
address the concerns associated with said unapproved fill. Specifically,
development activity in the area of uncontrolled fill must be appropriately
designed and constructed to fulfill geotechnical requirements resulting
from said fill. These conditions have been memorialized in an agreement
between the City and Developer and this Resolution authorizes execution
and recording of said agreement.
f. Correspondence.
1) JCCOG Traffic Engineering Planner: Installation of ROAD CLOSED
AUTHORIZED VEHICLES ONLY sign at the end of Foster Road
2) JCCOG Traffic Engineering Planner: Change parking meter term in
the 300 block of S. Linn Street from 5 hours to 2 hours; change
parking meter term from 30 minutes to 2 hours; install two meters
with 2 hour time limit in the 300 block of S. Linn Street
3) Jane Flanigan: Dog Park
4) Thomas Sofianos: MEC Retired [Staff Response Included]
5) Milken Institute Newsletter: 2004 Global Conference
6) Jeanne McWherter-Koster: Special Mortgage Programs for Fireman
& Police Officers [Staff Response Included]
7) Dave Dowell: Trial of New City Buses
8) Jeremiah Hackett: Water Heater License Fee [Staff response included]
9) Garry Klein: Creekside Neighborhood Association 1st Annual Picnic
10) Joseph Klapper: Noise Pollution [Staff response included]
11) Rita Marcus: Support for MidAmerican Energy
12) Saul Mekies and Carol Spaziani: MEC Special Election ~ ,~~
13) Gilbert-Linn Historic District: Helen Burford, Claire Sponsler
14) Mary Clark: Career Resources in Iowa City [Staff response included]
END OF CONSEII(T CALENDAR.
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TO: Mayor, City Council, General Public
FROM: City Clerk
DATE: June 15, 2004
RE: Changes to Consent Calendar
ITEM 2b(3) (DELETE) Scattered Site Housing Taskforce: April 29, 2004
2b(4) (DELETE) Scattered Site Housing Taskforce: May 12, 2004
_______n_____ _"__.w_·_·~ --- ----- -------~ -~ -_---._
ITEM 2f(12) MEC Special Election: James Larew, Brett Cloyd
* * * *
June 15, 2004 City ofIowa City Page 6
ITEM 3. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM]
Community Comment will be continued, if necessary, prior to "City Council Information"
item. b//F
ITEM 4. PLANNING AND ZONING MATTERS.
a. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR JULY 6 ON AN
ORDINANCE APPROVING AN AMENDED PLANNED DEVELOPMENT
HOUSING PLAN (OPDH-5) PLAN FOR VILLAGE GREEN PART XX.
Comment: At its June 3 meeting, by a vote of 7-0, the Planning and Zoning
Commission recommended approval of the amended Planned Development
Housing Plan for Village Green Part XX, a 5.84 acre, two-lot development with
19 dwelling units. The amended plan would permit a third garage stall on 7 of
the 1 g dwellings. Staff recommended approval in a report dated June 3.
Action: M//u~//!w/~
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b. CONSIDER A MOTION SETTING A PUBLIC HEARING FOR JULY 6 ON AN
ORDINANCE VACATING 3,400 SQUARE FEET OF ALLEY RIGHT-OF-WAY
EAST OF 2ND AVENUE, SOUTH OF A STREET
Comment: At its June 3 meeting, by a vote of 7-0, the Planning and Zoning
Commission recommended approval of vacating the 3,400 square foot alley right-
of-way, subject to conditions regarding utility easements, and the conveyance to
the City alley right-of-way in an alternative location to avoid a dead-end alley
right-of-way. Staff recommended approval subject to conditions in a report dated
June 3.
Action: &It-f A"K__y ø /tÍ/htÑ'fÇ?€"
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June 15, 2004 City of Iowa City Page 7
c. REZONING APPROXIMATELY 3.72 ACRES FROM COMMUNITY
COMMERCIAL (CC-2) ZONE TO PUBLIC (P) ZONE FOR PROPERTY
LOCATED SOUTH OF MALL DRIVE. (REZ04-00010)
Comment: At its May 20 meeting, by a vote of 7-0, the Planning and Zoning
Commission recommended approval. Staff recommended approval in a report
dated May 20. This rezoning is for the Alternative High School to be built by the
Iowa City Community School District.
1) PUBLIC HEARING
Action: "ni'J ("h(...e/ ~é'~L-
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2) CONSIDER AN ORDINANCE ( FIRST CONSIDERATION)
Action: WÚ!l_~:::! tji:Þ/~ ~;%
d. REZONING APPROXIMATELY 10 ACRES FROM INTERIM DEVELOPMENT
MULTIFAMILY/HISTORIC PRESERVATION OVERLAY (ID-RM/OHP) ZONE
TO INTERIM DEVELOPMENT SINGLE FAMILY/HISTORIC PRESERVATION
OVERLAY (ID-RS/OHP) ZONE FOR PROPERTY LOCATED AT 2460 S.
GILBERT STREET.
Comment: At its May 20 meeting, by a vote of 6-1 (Hansen voting no), the
Planning and Zoning Commission recommended approval. Staff recommended
approval in a report dated May 20. Approval of this rezoning will allow the
property to be subdivided into two 5-acre parcels.
1) PUBLIC HEARING
Action: I\Q ~,./ 01/-_ -<-L'~
2) CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action: @ ',(JIhAAÆðc?P' / ê4~7<~ /q, e-:ØJi,
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June 15, 2004 City oflowa City Page 8
e. 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.
Comment: At its May 20 meeting, by a vote of 7-0, the Planning and Zoning
Commission recommended approval. Staff recommended approval in a report
dated May 20. This amendment will allow the City to consider the reduction of
public street widths from 28 feet to a minimum width of 26 feet.
1) PUBLIC HEARING
Action: ì'0 tMUÞ ~
2) CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Action: &~~11 !i:~ /61' <!-:I/ ;/~
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f. 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)
Comment: At its April 15 meeting, by a vote of 6-0 (Shannon absent), the
Planning and Zoning Commission recommended approval, subject to a
minimum 1-acre lot size and preservation of an existing landscaped parkway
easement along Northgate Drive. The rezoning would alter the permitted uses
in this portion of Northgate Corporate Park, and would eliminate a 1989
Conditional Zoning Agreement on the property that affected how lots are
developed. Staff recommended approval in a report dated April 15.
1) PUBLIC HEARING (Continued from 6/1 meeting)
Action: ¡)JAd/aLr/féæ'~ ('AP~~;l ~ ~
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2) CONSIDER AN ORDINANCE (Deferred from 6/1 meeting) (FIRST
CONSIDERATION)
Action: V~~ ~.w ,1" !#"_)
June 15, 2004 City of Iowa City Page 9
D4 - 411-'1 g. CONSIDER 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. (REZ04-00008)
(SECOND CONSIDERATION)
Comment: At its MaY 6 meeting by a vote of 6-0 (Chait absent) the Planning and
Zoning Commission recommended approval of the rezoning including the
reduction of lot area and lot width shown on the plan. Staff recommend approval
in a report dated May 6. Approval of this rezoning will allow the construction of
Saddle brook Meadows, Part 1, including 18-single-family home, 3 duplexes, 20
zero-lot line dwellings and 6 townhouses. The applicant has requested expedited
consideration.
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ITEM 5. ASSESSING A CIVIL EN L OF EITHER $1500.00 OR A THIRTY (30) DAY
RETAIL CIGARETTE PERMIT SUSPENSION AGAINST KUM & GO STORES #52,
PURSUANT TO IOWA CODE SECTION 453A.22(2)
Comment: This hearing is the time designated for the Council to consider whether a
Resolution should be adopted assessing the civil penalty authorized by Iowa Code
section 453A.22(2) against Kum & Go Stores #52, 25 West Burlington Street. Section
453A.22(2) provides that, after a hearing, a $300.00 civil penalty will be assessed to a
retail cigarette permit holder when and if that permit holder's employee violates Iowa
Code section 453A.2 by selling or providing tobacco to a minor. The civil penalty for the
second time the permit holder's employee violates section 453A.2 is either $1500.00 or
a thirty (30) day suspension of the retail cigarette permit, at the option of the permittee.
As a part of the hearing, the Council will be provided with information establishing an
employee of permit holder Kum & Go Stores #52 violated section 453A.2 by selling or
providing tobacco to a minor and that this is the second such violation by an employee
of this permit holder within a two-year period. The permit holder's representative will
then have the opportunity to provide the Council with information s/he deems
appropriate. The Council will then decide whether to assess the requested civil penalty
and, if it decides to do so, will adopt an appropriate Resolution. The hearing will not
provide the opportunity for public comment.
a) CONDUCT HEARING
Action: ~,¡?../ ~.J
û4-- lì'g b) CONSIDER A RESOLUTION
Action: ¿ofÚ/Ak<rxJ/(/~~ ~
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June 15, 2004 City of Iowa City Page 10
ITEM 6. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
04-- ¡y¡ CLERK TO ATTEST THE FY05 AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT
SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS
Comment: This resolution approves the FY05 agreement for provision of fixed route
transit service within the corporate limits of the City of University Heights. The total
cost of the FY05 contract is $28,680. This is a 2.2% increase from the FY04
agreement. The cost increase was determined by using the national consumer price
index [CPI] for calendar year 2003. The City of Iowa City's Finance Director and the
City of University Heights agreed to use the CPI as the index for determining the cost
increase for transit service for future years.
Action: ('jl"'./bUt~/7éht fI//¿Ç' ~~/AA¿..) ~
ITEM 7. CONSIDER A RESOLUTION RESCINDING RESOLUTION 98-164 AND
04-- l5ro ESTABLISHING A NEW POLICY FOR USE OF FUNDS DERIVED FROM HOTEL-
MOTEL TAX.
Comment: City Council approved reducing Iowa City - Coralville (CVB) hotel motel
distribution from 25% of hotel motel tax to 22.5% of hotel motel tax during budget
revisions enacted to offset state reductions to the City's General Fund. The budget
revisions were informally approved at the 5/19/03 Council work session, and included in
the 8/19/03 formal budget amendment to the FY04 operating budget. CVB was notified
at the beginning of the FY04 fiscal year and distribution for the year has been at 22.5%.
This was item 26 of the budget reduction plan (IP-1 of the 5-15-03 Information Packet.)
This updates the Hotel/Motel distribution resolution to reflect the above.
Action: CÆa~~ a'JIA£€'C
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ITEM 8. ANNOUNCEMENT OF VACANCIES, [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.]
New:
a. Human Riqhts Commission - Two vacancies to fill unexpired terms ending
January 1, 2005. (Catherine Fribley and Chris Bushman resigned) (4 males
and 3 females). Correspondence in Council packet.
APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JULY 21, 2004.
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June 15, 2004 City ofIowa City Page 11
ITEM 9. COUNCIL APPOINTMENTS
a. Airport Zoninq Brd of Adiustment - One appointment to fill an unexpired term
ending December 31, 2006. (Carl Williams resigned) (2 Males and 0 Females).
Action: ..12¿. (7~dA£A/;J
b. Airport Zoninq Brd of Adiustment - One appointment to fill an unexpired plus a
five-year term ending December 31, 2008. (2 Males and 0 Females).
~ Action: 4¿'~/~/
c. Charter Review Commission - One appointment to fill an unexpired term
ending May 4, 2005. (John Balmer resigned) See correspondence included in
Council packet. Copies of the applications were provided to the Council in the
May 4 agenda packet.
~t,%vì Action: 1~~¿}3lúJ~&~
d. Historic Preservation Commission - One appointment (Woodlawn District
~D Representative) to fill a three-year term March 29, 2003 - March 29, 2006.
(Term expired for Peter Jochimsen) (7 Males and 2 Females currently serve).
Action: /U'"(7&~~
e. Housinq and Communitv Development Commission - Three appointments to fill
three-year terms September 1, 2004 - September 1, 2007. (Terms expire for
Lori Bears, John Deeth, Matthew Hayek) (3 Males and 3 Females currently. .
serve). .A£ 'Y'/"- 711..~ ~ 7/"r~~;t-- /--
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Action: "~::J 7"~-'-"-":> /2,.,é'.
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f. Librarv. Board of Trustees - One appointmen to fill an unexpired term ending
.p July 1, 2005. (Jesse Singerman resigned) (5 Males and 3 Females currently
serve). See correspondence included in Council packet.
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~\ Action: g. Police Citizens Review Board - Two appointments to fill four-year terms
September 1, 2004 - September 1, 2008. (Terms expire for Loren Horton,
John Stratton) (2 Males and 1 Female currently serve).
;Y/ Action: /l/~ or~ ~-"-Af~A'ð)
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June 15, 2004 City of Iowa City Page 12
ITEM 10. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA).
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ITEM 11. CITY COUNCIL INFORMATION.
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ITEM 12. REPORT ON ITEMS FROM CITY STAFF.
a. City Attorney.
b. City Clerk. - ~ ~
c. City Manager.
ITEM 13. ADJOURNMENT.
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