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HomeMy WebLinkAbout2004-07-06 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 JULY 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, Nasby. Council minutes tape recorded on Tape 04-44, Side 2; Tape 04-46, Side 1. The Mayor proclaimed: Golden Rule Golden Stars 4-H Club Week - July 25-31, Anna Olson, President accepting. Aisc in attendance were Portia Cooper, Janet Driscoll, Mary Burr, and Laura Ghabel; Persons with Disabilities Day - July 24, 2004, Personal Assistant/Peer Counselor Coordinator Keith Ruff, Everett Convention Center, accepting. Moved by Champion, seconded by Bailey, 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: June 14, Regular Council Work Session; June 15, Regular Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action): Board of Adjustment - March 10, 2004; Board of Adjustment - April 14, 2004; Airport Commission - May 13, 2004; Airport Commission - May 13, 2004; Historic Preservation - May 27, 2004; Human Rights Commission - March 23, 2004; Charter Review Commission - May 19, 2004; Housing & Community Development Commission - May 20, 2004; Public Library - May 27, 2004; Telecommunications Commission - May 24, 2004; Planning and Zoning Commission - June 3, 2004 Recommendation: Approve an amended Planned Development Housing Plan of Village Green Part XX, a 5.84-acre, two-lot, 19 dwelling unit plan located on the north side of Wintergreen Drive west of South Jamie Lane. Recommendation: Approval of a preliminary and final plat of Village Green Part XX, a 5.84-acre, two-lot residential subdivision, subject to Staff approval of legal papers and construction plans prior to Council consideration. Recommendation: Approval of an application for vacation of 3,400 square feet of alley right-of-way located south of 500 2® Avenue subject to: 1 ) The conveyance to the City of a 20-foot by approximately 100-foot area of right-of-way along the west property line of 500 2nd Avenue; 2) The retention of any necessary utility easements; 3) To the conveyance of the right-of-way being approved concurrently with the approval of the ordinance vacating the alley; 4) The inclusion of a curb where the vacated alley right-of-way intersects 2nd Avenue. Complete Description July 6, 2004 Page 2 Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for GFP, Inc., dba Wig & Pen Pizza Pub, 1220 Highway 6 West; Outdoor Service Area for GFP, Inc., dba Wig & Pen Pizza Pub, 1220 Highway 6 West; Class C Liquor License for Roy L. Chopek/Walter L. "Bud" Ott, Post #17 dba American Legion, Roy L. Chopek Post #17, 3016 Muscatine Avenue; Class C Liquor License for Iowa City Aerie #695, Fraternal Order of Eagles, Inc., dba Fraternal Order of Eagles, Iowa City Aerie #695, 225 Hwy 1 West; Class C Liquor License for Vito's of Iowa City, Inc., dba Vito's, 118 E. College St.; Class C Liquor License for New Walt's, Ltd., dba Memories, 928 Maiden Lane; Special Class C Liquor License for Zio Johno's, Inc., dba Zio Johno's Spaghetti House, 953 S. Riverside Dr.; Special Class C Liquor License for Mei Hei Lin, dba China Moon, 1931 Broadway St.; Class C Beer Permit for FAP Enterprises, Inc., dba Gasby's East, 2303 Muscatine Ave; Class E Liquor License for John's Grocery, Inc., dba John's Grocery, Inc., 401 E. Market St.; Class E Liquor License for Hartig Drug Company, Inc., dba Hartig Drug Store #10,701 Mormon Trek Blvd. RES. 04-181, TO ISSUE DANCE PERMIT to Iowa City Aerie #695, Fraternal Order of Eagles, Inc., dba Fraternal Order of Eagles, Iowa City Aerie #695, 225 Hwy 1 West and New Walt's, Ltd., dba Memories, 928 Maiden Lane. RES. 04-182, TO ISSUE CIGARETTE PERMITS. Motions: approve disbursements in the amount of $8,193,841.19 for the period of May 1 through May 31,2004 as recommended by the Finance Director subject to audit. Setting Public Hearings: RES. 04-183, INTENT TO AMEND A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNITED ACTION FOR YOUTH FOR CONDOMINIUM UNIT 1-C IN TOWER PLACE AND PARKING, AND SETTING A PUBLIC HEARING FOR AUGUST 3, 2004. Resolutions: RES. 04-184, AUTHORIZING THE MAYORTO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST COMPANY, IOWA CITY, IOWA FOR PROPERTY LOCATED AT LOT 155 LAKESIDE ADDITION, IOWA CITY, IOWA. RES. 04-185, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 1011 6TM AVENUE, IOWA CITY, IOWA. RES. 04-186, AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE MORMON TREK BOULEVARD EXTENSION - BOX CULVERTS PROJECT. RES. 04-187, ACCEPTING THE WORK FOR THE IOWA HIGHWAY 1 (DODGE STREET)/ NORTHGATE DRIVE TRAFFIC SIGNAL PROJECT. Correspondence: JCCOG Traffic Engineering Planner regarding Changing 1 HOUR LIMIT 8-5 MQN-FRI sign on the north side of Lafayette Street approximately 50' west of the intersection with S. Dubuque Street to NO PARKING CORNER TO HERE; Pam Hinman regarding Invitation to Allegiant Event; Bud Beacham regarding Iowa City Airport-Possible Lead Poisoning of your Residents; Traffic Concern at Court and Scott Intersection from Jeff and Linda Stewart, Tom and Sue Ward [Staff Complete Description July 6, 2004 Page 3 response included]; Airport Commission from Randy Hartwig, John L. Krstenansky, Dale Shultz; Alisa Meggitt regarding C.H.I.L.D. at City Hall; Patricia Santangelo regarding Mayor Offers Plan to End Homelessness; Adalino Cabral regarding Open Letter to the Government of the Commonwealth of Massachusetts and other State Governments; Tom Hayden and Charlie Funk regarding Cedar Rapids/Iowa City Technology Corridor; Matthew Hayek regarding Annual Community Development Celebration and Awards Ceremony; Lu Barron regarding Public Leadership Summit Meeting; Sherry Christoffer regarding Raising Funds for A.D.A. Celebration; Joshua Schamberger regarding University Athletics/Herky on Parade Press Release; Historic Preservation from Paula O. Brandt, Paul & Cynthia Broderick; Jessica Aimone regarding Kirkwood Community and lC Public Bus System; Kevin Keyser regarding MCI Closing Telemarketing Operations at Call Center; Scotty Hayward regarding Skateboard Park; Helen Burford, Jill Gaulding regarding Gilbert-Linn Nomination to the National Register of Historic Places; Scott Kading regarding Linn Street Block Party, August 28. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. John Kammermeyer, 404 E. Bloomington St., appeared regarding commercial properties located in the Northside Historic Preservation Nomination to the State. Sarah Maiers, Senior Center Commission Member, updated Council on activities at the Center. Glenn Siders, Southgate Companies, noted the joint meeting being held on July 21 with representatives from surrounding communities and requested Council include Amana Clear Creek in the discussion. The Mayor stated he has already asked the host city. Moved by Champion, seconded by O'Donnell, to set a public hearing for August 3 on a resolution to amend the comprehensive plan to change the land use designation from General Commercial to High Density Residential (25+ dwelling units per acre) for approximately 1.34 acres of property located on the east side of S. Gilbert Street south of Ralston Creek. Individual Council Members expressed their views. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Elliott, to set a public hearing for August 3 on an ordinance rezoning approximately 1.34 acres from Community Commercial (CC-2) Zone to High Density Multi-Family Residential (RM-44) Zone for property located at 520-522 S. Gilbert Street. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Atty. C. Joseph Holland. 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 August 3 on. an ordinance rezoning approximately 2.2 acres from Planned Development Housing - High Density Residential, OPDH-'I2, to Planned Development Housing - Medium Density Residential, OPDH-8, for Lot 77 of Walden Wood Part 6, located at the northern terminus of Jensen Street. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Bailey, to accept correspondence from Atty. C. Complete Description July 6, 2004 Page 4 Joseph Holland. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Elliott, to set a public hearing for August 3 on an ordinance vacating the northern cul-de-sac right-of-way of Jensen Street. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Champion, to set a public hearing for August 3 on an ordinance for a rezoning to amend the Planned Development Housing Overlay Medium Density Multi-Family Residential (OPDH-20) preliminary OPDH plan for Oaknoll located north of Benton Street and east of George 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 August 3 on an ordinance rezoning approximately 75.25 acres from Interim Development Single-Family (ID-RS) Zone to Sensitive Areas Overlay/Low Density Single-Family Residential (SAO/RS-5) Zone for property located north of Foster Road. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Vanderhoef, to set a public hearing for August 3 on an ordinance rezoning approximately 1.2 acres from Commercial Office (CO-1) Zone to Community Commercial (CC-2) Zone for property located at 1901 Broadway Street. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held 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. No one appeared. Moved by Vanderhoef, seconded by O'Donnell, to accept correspondence from Glenn Siders. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by O'Donnell, 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 first consideration and vote be waived, and that 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, be given second vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Elliott, seconded by Bailey, that the ordinance be voted on for second consideration at this time. 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 approving an amended Planned Development Housing Plan (OPDH-5) plan for Village Green Part XX. No one appeared. Moved by O'Donnell, seconded by Champion, that the ordinance approving an amended Planned Development Housing Plan (OPDH-5) plan for Village Green Part XX, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Complete Description July 6, 2004 Page 5 A public hearing was held on an ordinance vacating 3,400 square feet of alley right-of- way east of 2nd Avenue, south of A street. No one appeared. The Mayor noted the applicant did not wish to pursue the matter at this time. Moved by Wilburn, 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. 04-4130 CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 3.72 ACRES FROM CC-2, COMMUNITY COMMERCIAL, TO P, PUBLIC FOR PROPERTY LOCATED SOUTH OF MALL DRIVE, 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 Wilburn, seconded by Bailey, 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 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. 04-4131 CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 10 ACRES FROM ID-RM/OHP, INTERIM DEVELOPMENT MULTI-FAMILY/HISTORIC PRESERVATION OVERLAY, TO ID-RS/OHP, INTERIM DEVELOPMENT SINGLE FAMILY/HISTORIC PRESERVATION OVERLAY, FOR PROPERTY LOCATED AT 2460 S. GILBERT STREET, 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 ordinance adopted. Moved Wilburn, seconded by Champion, that the 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, be given second vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Lehman, O'Donnell, Wilburn, Bailey, Champion. Nays: Elliott, Vanderhoef. Absent: None. A public hearing was held on resolution approving plans, specifications form of contract and estimate of cost for installing a new lighting system on Mercer Park Baseball Diamond #1, 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 Wilbum, to adopt RES. 04-188, APPROVING PLANS, SPECIFICATIONS FORM OF CONTRACT AND ESTIMATE OF COST FOR THE INSTALLING A NEW LIGHTING SYSTEM ON MERCER PARK BASEBALL DIAMOND #1, 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. Individual Council Members expressed their views. Affirmative roll Complete Description July 6, 2004 Page 6 call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Champion, seconded by Bailey, to adopt RES. 04-189, APPROVING THE FIRST ADDENDUM TO AGREEMENT FOR ARTIST'S SERVICES FOR DESIGN AND EXECUTION OF ARTWORK FOR THE COURT STREET TRANSPORTATION CENTER (fka NEAR SOUTHSIDE TRANSPORTATION CENTER) AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST SAID ADDENDUM. Individual Council Members expressed their views. 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. 04-190, APPROVING THE GENERAL CONCEPT FOR THE NORTHSIDE NEIGHBORHOOD ART PROJECT. 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 adopt RES. 04-191, AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT WITH CHRISTIAN RETIREMENT SERVICES, INC., IOWA CITY, IOWA AND FIXING A DATE FOR A HEARING of August 3, 2004, ON THE PROPOSED ISSUANCE OF REVENUE BONDS OR NOTES PURSUANT TO CHAPTER 419 OF THE IOWA CODE. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Bailey, to accept correspondence from Atty. Robert Downer. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Vanderhoef, to adopt RES. 04-192, AUTHORIZING THE APPLICATION FOR TRAFFIC SAFETY IMPROVEMENT GRANT FUNDS FROM THE IOWA DEPARTMENT OF TRANSPORTATION FOR AN INTERSECTION IMPROVEMENT PROJECT AT THE INTERSECTION OF GILBERT STREET AND PRENTISS STREET AND BOWERY STREET. Individual Council Members expressed their views. 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 adopt RES. 04-193, AUTHORIZING THE APPLICATION FOR TRAFFIC SAFETY IMPROVEMENT GRANT FUNDS FROM THE IOWA DEPARTMENT OF TRANSPORTATION FOR AN INTERSECTION IMPROVEMENT PROJECT AT THE INTERSECTION OF U.S. HIGHWAY 6 AND SCOTT BLVD. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Bailey, seconded by Wilburn, to adopt RES. 04-194, AMENDING THE BUDGETED POSITIONS iN THE PARKING DIVISION OF THE PARKING AND TRANSIT DEPARTMENT BY DELETING ONE MAINTENANCE WORKER II - PARKING SYSTEMS POSITION AND CREATING ONE MAINTENANCE WORKER I - PARKING SYSTEMS POSITION. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Bailey, to adopt RES. 04-195, AWARDING CONTRACT to Streb Construction Company for $ 47,248.50 AND AUTHORIZING THE Complete Description July 6, 2004 Page 7 MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE CLEAR CREEK TRAIL PROJECT. 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. 04-196, AWARDING CONTRACT to G & R Miller Construction for $121,395.00, AND AUTHORIZING MAYOR TO SIGN AND THE CITY CLERK TO ATTESTA CONTRACT FOR THE CONSTRUCTION OF THE BENTON HILL PARK DEVELOPMENT. Individual Council Members expressed their views. 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 adopt RES. 04-197, AMENDING THE BUDGETED POSITIONS IN THE ANIMAL SERVICES DIVISION OF THE POLICE DEPARTMENT AND THE AFSCME PAY PLAN. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Mayor Pro tem Wilburn stated he had a conflict of interest on the next item and left the meeting. Moved by Vanderhoef, seconded by Bailey, to adopt RES. 04-198, RESCINDING RESOLUTION NO. 03-377 AND AMENDING THE FUNDING TERMS FOR EXTEND THE DREAM FOUNDATION FROM IOWA CITY'S COMMUNITY DEVELQPMENT BLOCK GRANT- ECONOMIC DEVELOPMENT FUND. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 6/0, Wilburn abstaining. The Mayor declared the resolution adopted. Mayor Pro tem Wilburn returned to the meeting. Mayor Pro tem Wilbum stated he had a conflict of interest on the next item and left the meeting. Moved by Champion, seconded by O'Donnell, to adopt RES. 04-199, APPROVING FUNDING FOR OASIS FALAFEL, LLC FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Community and Economic Development Coordinator Nasby present for discussion. Affirmative roll call vote unanimous, 6/0, Wilburn abstaining The Mayor declared the resolution adopted. Mayor Pro tem Wilburn returned to the meeting. The Mayor noted the current vacancy: Library, Board of Trustees to fill an unexpired term ending July 1,2005. Applications must be received by 5:00 p.m., Wednesday, August 25, 2004. The Mayor noted the previously announced vacancies: Human Rights Commission to fill unexpired terms ending January 1,2005. Applications must be received by 5:00 p.m., Wednesday, July 21,2004; 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; Historic Preservation Commission (Woodlawn District Representative) to fill a three-year term March 29, 2003 - March 29, 2006; Police Citizens Review Board to fill a four-year term September 1, 2004 - September 1, 2008. Applications must be received by 5:00 p.m., Wednesday, July 28, 2004. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with Complete Description July 6, 2004 Page 8 postings and on the Council agenda. However, no additional publication costs will be incurred.] Council Member Bailey reported on the Iowa City gay/lesbian/bisexual/transgender choir concert, and wished them luck as they head to Montreal to represent Iowa in competition and attend a conference. Mayor Pro rem Wilburn congratulated Steve Grismore and the Jazz Fest Committee for a successful event despite the weather; noted the nice job improvising from Gabe Medd; and welcomed a student project member from Iowa State University. Council Member O'Donnell noted the tremendous fireworks on July 4. Council Member Elliott stated he understands the Iowa City Jazz Fest is now one of the Top 10 Jazz Festivals in the entire country, noting it markets Iowa City in a positive and energetic way; complimented City street crews for their quick response and work on repairing potholes; requested Council schedule a pre-budget priority setting session, and consideration of fire and police staffing; and noted a recent guest opinion in the paper regarding Coralville, and stated he never considered Coralville to be a suburb of Iowa City, but rather a good neighbor that is growing. Mayor Lehman reported that he and Mayor Pro tem Wilburn will be attending the CDBG recognition event on July 15, and also the Airport Commission meeting later in the evening. Moved by Bailey, seconded by Wilbum, to adjourn meeting at 8:00 p.m. The Mayor all Council bers p sent. _ declared the motion carried unanimously, 7,0, ~. wberL~e hPm ,'a~n, M_a~yor~~. - Mar't"~n K. Karr, City Clerk I ~ ! CITY OF IOWA CITY C[ -....= -~ :t~~~'t MEMORANDUM ~... "=I~ ....,...... Date: June 14, 2004 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, June 14, 2004, 6:30 PM in Emma J. Harvat Hall Council: Bailey, Champion, Ellioll, Lehman, O'Donnell, Vanderhoef, Wilburn Staff: Atkins, Helling, Dilkes, Karr, Dulek, O'Neil, Mallhews, Franklin, Severson Tapes: 04-41, Side 2; 04-42, Both Sides; 04-43, Side 1 (A complete transcription is available in the City Clerk's Office) JOINT MEETING - AIRPORT COMMISSION Commission Members Hartwig, Clay, Williams, Staley (arrived 6:45), and Airport Manager O'Neil present. STAFF ACTION: City Manager to prepare memo on change of governance. ICARE/MECCA PRESENTATIONS (IP2 of 6/10 Information Packet) ICARE representative Jean Boll and MECCA representative Art Schut presented information. PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following items: 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. B. 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. 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) (Alternative High School) D. REZONING APPROXIMATELY 10 ACRES FROM INTERIM DEVELOPMENT MULTIFAMILYIHISTORIC PRESERVATION OVERLAY (ID-RM/OHP) ZONE TO INTERIM DEVELOPMENT SINGLE FAMIL YIHISTORIC PRESERVATION OVERLAY (ID-RS/OHP) ZONE FOR PROPERTY LOCATED AT 2460 S. GILBERT STREET. /' --,,- Council Work Session June 14, 2004 Page 2 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. 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) Franklin indicated that the conditional zoning agreement had been rewrillen per Council direction, and not all signatures secured, so the public hearing and first consideration would have to de continued and deferred respectively. She stated the applicant had not yet requested expedited action but it was anticipated. G. 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) MIDAMERICAN ELECTION REQUEST (IP3 of 6/1 0 Information Packet) City Manager Atkins noted the leller from the Board of Realtors [Consent Calendar item # 4f(11)] and stated the City has an excellent risk management program in place. City Ally. Dilkes stated there were two questions before Council. First, whether the City will participate with MidAmerican in the drafting of a franchise agreement/ordinance; and secondly, whether you will put that on a special election. Majority of Council were not interested in a special election. STAFF ACTION: City Attorney to communicate with MidAmerican and ask them if they want a proposal, negotiated or not, on the November 2005 election. (City Attorney) AGENDA ITEMS 1. (Consent Calendar item # 2b (3) and (4) - Scallered Site Housing Taskforce minutes) City Clerk Karr stated the Consent Calendar should be amended to delete taskforce minutes and move them to the information packets. 2. City Atty. Dilkes clarified that the City does not have the ability to negotiate rates with MidAmerican, and stated the matter would be scheduled for further discussion. 3. (Agenda item # 5 - hearing and assessing civil penalty... retail cigarelle permit... Kum & Go...) City Ally. Dilkes and City Clerk Karr responded to procedure questions. ._+_..,._----".__.~.~ - --"" --,r-~- "n - --..._- _._.~_.__..._--_._._-- ......--------.-- _w.,__ Council Work Session June 14, 2004 Page 3 4. (Consent Calendar item # 2e(1) - resolution authorizing ... IDOT funding agreement ... South Grand Avenue ...) In response to Council Member Vanderhoef, PCD Director Franklin stated the work includes South Grand Avenue where it intersects with Melrose Avenue by the new parking facility; current parking lot will be a parking facility. 5. (Agenda item # 7 - Resolution rescinding... establishing a new policy for use of funds derived from hotel-motel tax) In response to Council Member Bailey, the City Manager stated this was the policy accepted by Council during budget adjustment and now needs to be adopted to change the distribution formula. 6. (IP9 of 6/10 Information Packet - Nomination of Northside Districts to the National Register) In response to Council Member Ellioll, the matter will be scheduled for the next work session. COUNCIL APPOINTMENTS Airport Zoning Bd. of Adjustment - no applicants; readvertise Charter Review Commission - Nate Green Historic Preservation Commission - no applicants; readvertise Housing and Community Development Commission - (Wilburn abstaining) reappoint Mall Hayek and Lori Bears; appoint Brian Richman Library, Board of Trustees - Katherine Gloer Police Citizens Review Board - reappoint Loren Horton; readvertise one COUNCIL TIME 1. Majority of Council requested staff check options for relocating work session to the main floor area, and still access internet. Staff will report back. 2. Council Members noted the library opening. IDENTIFICATION OF PRIORITIES FOR DISCUSSION Council Member Ellioll added two items: . Funding priorities for the next budget . Joint meeting with Planning and Zoning on philosophies for zoning and City Codes STAFF ACTION: Include growing list of priorities on bottom of each work session minutes. (Karr) COUNCIL TIME (continued) 3. (Consent Calendar item # 2f(8) - water meter license fee) In response to Council Member O'Donnell, Asst. City Mgr. Helling stated the City does not have a charge and requested more information. _.+........_-,--_..~..--~_._---._+ ~ ~ ~-,r-'~- ~._---~ -~.~-~~--~--~-~~-~~------~._---~- . . ~---~ n_,____..._ Council Work Session June 14,2004 Page 4 4. Mayor Pro tem Wilburn requested information on efforts and funding for the quarry on Sand Road. City Manager Atkins stated the City is talking about extending the trail down along the River and there are a number of issues involved and will prepare a memo. 5. (IP6 of 6/10 Info Packet - September Meeting Schedule) In response to Council Member Vanderhoef majority agreed to reschedule September meeting around Iowa League of Cities conference dates. Meeting dates of September 20 and 21 have been rescheduled to 13 and 14. A revised schedule will be prepared. Meeting adjourned 9:05 PM. IDENTIFICATION OF PRIORITIES FOR DISCUSSION (date added to list) Joint meeting with Airport Commission (5/3/04) Memo regarding approach to employee compensation issues (5/3/04) Timeline on North Side Fire Station (5/3/04) Downtown Alley Clean-up (5/3/04) Funding priorities for the next budget (6/14/04) Joint meeting with Planning and Zoning on philosophies for zoning and City Codes (6/14/04) Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $ OFFICIAL COUNCIL ACTIONS - 6/15/04 Iowa City City Council regular meeting 7:00 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Ellioll, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: None. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, andlor adopted as amended and to delete and move to Information Packet: the Scattered Side Housing Taskforce minutes: Approval of Council Actions, subject to corrections, as recommended by the City Clerk. June 1, Special Council Work Session; June 1, Regular Council Formal Official and Complete Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action): 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. Public Library Board of Trustees - April 22, 2004; Historic Preservation Commission - May 13, 2004; Animal Care and Adoption Center Advisory Board - May 26, 2004; Public Art Advisory Commillee - May 6, 2004; Public Art Advisory Commillee - 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. 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 FamilylHistoric 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 ---,.....-..--... -_._--,.r--.,.....-.._..,-~-'~---_.__..._'--....-...._-~'_.._---_.~~_.. . -.- Official Actions June 15, 2004 Page 2 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. Rules Committee Meeting - June 4, 2004; 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. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for 808 Restaurant & Nightclub, Inc., 121 Iowa Ave. [See memo from County Attorney]; Outdoor Service Area for Buffalo Wild Wings Grill & Bar, 201 S. Clinton St. Renewal: Class C Liquor License for Dave's Foxhead Tavern, 402 E. Market St.; Special Class C Liquor License for Z'Mariks Noodle Café, 19 S. Dubuque St.; Class B Beer Permit for Pizza Hut #4358, 1921 Keokuk St.; Class C Beer Permit for EI Paso The Mexican Store, 609 Hollywood Blvd.; RES. 04-171, TO ISSUE CIGARETTE PERMITS. Selling Public Hearings: RES. 04-172, 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. Resolutions: RES. 04-173, 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. RES. 04-174, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT FOR THE PROPERTY LOCATED AT 723 OAKLAND AVENUE, IOWA CITY, IOWA. RES. 04-175, AUTHORIZING THE EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND LINN COUNTY FOR LEAD BASED PAINT HAZARDS SERVICES. RES. 04-176, 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. RES, 04-177, 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. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of ROAD CLOSED AUTHORIZED VEHICLES ONLY sign at the end of Foster Road; JCCOG Traffic Engineering Planner regarding changing parking meter term in the 300 block of S. Linn Street from 5 hours to 2 hours, change parking meter term from 30 -------,-....,..-...-.----- - -----,.........------.----.....,..--...--...----..----_._._-_..__...._-~---_.._..__._---_..._- ---..- Official Actions June 15, 2004 Page 3 minutes to 2 hours, install two meters with 2 hour time limit in the 300 block of S. Linn Street; Jane Flanigan regarding Dog Park; Thomas Sofianos regarding MEC Retired [Staff Response Included]; Milken Institute Newsletter regarding 2004 Global Conference; Jeanne McWherter-Koster regarding Special Mortgage Programs for Fireman & Police Officers [Staff Response Included]; Dave Dowell regarding Trial of New City Buses; Jeremiah Hackett regarding Water Heater License Fee [Staff response included]; Garry Klein regarding Creekside Neighborhood Association 1st Annual Picnic; Joseph Klapper regarding Noise Pollution [Staff response included]; Rita Marcus regarding Support for MidAmerican Energy; Letters from Saul Mekies, Carol Spaziani, James Larew, Brell Cloyd, regarding MEC Special Election; Gilbert- Linn Historic District letters from Helen Burford, Claire Sponsler; Mary Clark regarding Career Resources in Iowa City [Staff response included]. The Mayor declared the motion carried. Dr. John Kammermeyer, 404 E. Bloomington St., and Glen Winekauf, Vice President of Support Services at Mercy Hospital, appeared regarding the proposed historic district on the north side. Moved and seconded to accept correspondence from Dr. Kammermeyer. The Mayor declared the motion carried. Moved and seconded to set a public hearing for July 6 on an ordinance approving an Arnended Planned Development Housing Plan (OPDH-5) plan for Village Green Part XX. The Mayor declared the motion carried. Moved and seconded to set 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. The Mayor declared the motion carried. A public hearing was held 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. Moved and seconded that the ordinance changing the zoning designation of approximately 3.72 acres from CC-2, Community Commercial, to P, Public, for property located South of Mall Drive, be given first vote. The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning approximately 10 acres from Interim Development MultifamilylHistoric Preservation Overlay (ID-RM/OHP) Zone to Interim Development Single FamilylHistoric Preservation Overlay (ID-RS/OHP) Zone for property located at 2460 S. Gilbert Street. Moved and seconded that the ordinance changing the zoning designation of approximately 10 acres from ID-RM/OHP, Interim Development Multifamily Residential/Historic Preservation Overlay, to ID-RS/OHP, Interim Development Single Family Residential/Historic Preservation Overlay, for property located at 2460 S. Gilbert Street, be given first vote. The Mayor declared the motion carried. A public hearing was held 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. Official Actions June 15, 2004 Page 4 Moved and seconded that the 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, be given first vote. The Mayor declared the motion carried. Moved and seconded to continue public hearing to July 6 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. Moved and seconded to defer to July 6 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. 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 as which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 04-4129 AMENDING THE ZONING CHAPTER BY CHANGING THE ZONING DESIGNATION OF 8.07 ACRES FROM RESIDENTIAL MEDIUM DENSITY SINGLE-FAMILY (RS-8) TO OVERLAY PLANNED DEVELOPMENT HOUSING 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 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 to accept correspondence from Steve Gordon. The Mayor declared the motion carried. A hearing was conducted on assessing a civil penalty of either $1500 or a thirty (30) day retail cigarette permit suspension against Kum & Go Stores #52, pursuant to Iowa Code Section 453A.22(2). Johnson County Ass!. County Attorney Andy Chappell appeared. Moved and seconded to adopt RES. 04-178, ASSESSING $1500 CIVIL PENALTY OR THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST KUM & GO STORES #52. Moved and seconded to adopt RES. 04-179, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2005 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. Moved and seconded to adopt RES. 04-180, RESCINDING RESOLUTION 98-164 AND ESTABLISHING A NEW POLICY FOR USE OF FUNDS DERIVED FROM HOTEL- MOTEL TAX. The Mayor noted the current vacancies: Human Rights Commission for two vacancies to fill unexpired terms ending January 1, 2005. Applications must be received by 5:00 p.m., Wednesday, July 21, 2004. Moved and seconded to make the following appointments to Boards and Commissions: Nate Green, 231 Woodside Drive, to the Charter Review Commission to fill an unexpired term ending May 4, 2005; Katherine B. Gloer, 828 Cypress Court, to the Library, Board of Trustees to fill an unexpired term ending July 1, 2005; re-appoint Loren Horton, 3367 Hanover Court, - "------ - ,--_.-----'-----...-...__.__."._-~-_.__..._. Official Actions June 15, 2004 Page 5 to the Police Citizens Review Board to fill a four-year terms September 1, 2004 - September 1, 2008. The Mayor declared the motion carried. The Mayor noted the following Board and Commission vacancies received no applications and will be readvertised: 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; Historic Preservation Commission (Woodlawn District Representative) to fill a three-year term March 29, 2003 - March 29, 2006; Police Citizens Review Board to fill a four-year terms September 1, 2004 - September 1, 2008. [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 Wilburn stated he would be abstaining due to a conflict of interest. Moved and seconded to make the following appointments to the Housing and Community Development Commission: reappoint Mallhew J. Hayek, 714 Brown Street, and Lori Bears, 1906 Broadway Street; and appoint Brian D. Richman, 522 Terrace Road, to fill three (3) three-year terms September 1, 2004 - September 1, 2007. The Mayor declared the motion carried. Moved and seconded to adjourn rneeting at 7:30 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/Maria~ ".C~ S"b~ foe p"bI;œ';oo - 61221;.¿ W ~ -- - - . _.._.....__,_..~_._ _ ~__.._.,._--_._.-r--._~___.-------,.._____.__..__.._.___ .____n·~··_··,___~____·_··_~_ --~-._..- r= 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 15, 2004 Iowa City City Council regular meeting 7:00 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Ellioll, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: None. Staff members present: Atkins, Helling, Dilkes, Karr, Franklin, Boelk. Council minutes tape recorded on Tape 04-44, Side 1. Moved by Champion, seconded by Wilburn, that the following items and recommendations in the Consent Calendar be received, or approved, andlor adopted as amended and to delete and move to Information Packet: the Scattered Side Housing Taskforce minutes: Approval of Council Actions, subject to corrections, as recornmended by the City Clerk. June 1, Special Council Work Session; June 1, Regular Council Formal Official and Complete Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action): 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. Public Library Board of Trustees - April 22, 2004; Historic Preservation Commission - May 13, 2004; Animal Care and Adoption Center Advisory Board - May 26, 2004; Public Art Advisory Committee - May 6, 2004; Public Art Advisory Commillee - May 20, 2004 Recommendation: The Public Art Advisory Commillee asks for the City Council to approve a Call to Artists for the entranceway art component of the Benton Hill Park project. 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 MultifamilylHistoric Preservation Overlay, to ID-RS/OHP, Interim Development Single FamilylHistoric 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 --_..._--_._~_._._-- -_..._-~ Complete Description June 15, 2004 Page 2 approval of legal papers and construction drawings including the stormwater detention easernent 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. Rules Committee Meeting - June 4, 2004; 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. Permit Motions and Resolutions as Recommended by the City Clerk. New: Class C Liquor License for 808 Restaurant & Nightclub, Inc., dba 808 Restaurant & Nightclub, Inc., 121 Iowa Ave. [See memo from County Allorney]; Outdoor Service Area for Blazin Wings, Inc., dba Buffalo Wild Wings Grill & Bar, 201 S. Clinton St. Renewal: Class C Liquor License for David L. Alberhasky dba Dave's Foxhead Tavern, 402 E. Market St.; Special Class C Liquor License for D & E Restaurant, Inc., dba Z'Mariks Noodle Café, 19 S. Dubuque St.; Class B Beer Permit for NPC International, Inc., dba Pizza Hut #4358,1921 Keokuk St.; Class C Beer Permit for Antonio Pacheco dba EI Paso The Mexican Store, 609 Hollywood Blvd.; RES. 04-171, TO ISSUE CIGARETTE PERMITS. Selling Public Hearings: RES. 04-172, 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. Resolutions: RES. 04-173, 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. RES. 04-174, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT FOR THE PROPERTY LOCATED AT 723 OAKLAND AVENUE, IOWA CITY, IOWA. RES. 04-175, AUTHORIZING THE EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND LINN COUNTY FOR LEAD BASED PAINT HAZARDS SERVICES. RES. 04-176, 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. RES. 04-177, 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. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of ROAD CLOSED AUTHORIZED VEHICLES ONLY sign at the end of Foster Road; -- --..- ,.______.__.___..__.......----. __..._.m_..._._...____. --- - ,-'-- ......-- - w_ '_'_""_ Complete Description June 15, 2004 Page 3 JCCOG Traffic Engineering Planner regarding changing 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; Jane Flanigan regarding Dog Park; Thomas Sofia nos regarding MEC Retired [Staff Response Included]; Milken Institute Newsletter regarding 2004 Global Conference; Jeanne McWherter-Koster regarding Special Mortgage Programs for Fireman & Police Officers [Staff Response Included]; Dave Dowell regarding Trial of New City Buses; Jeremiah Hackett regarding Water Heater License Fee [Staff response included]; Garry Klein regarding Creekside Neighborhood Association 1st Annual Picnic; Joseph Klapper regarding Noise Pollution [Staff response included]; Rita Marcus regarding Support for MidAmerican Energy; Lellers from Saul Mekies, Carol Spaziani, James Larew, Brett Cloyd, regarding MEC Special Election; Gilbert- Linn Historic District lellers from Helen Burford, Claire Sponsler; Mary Clark regarding Career Resources in Iowa City [Staff response included]. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Dr. John Kammermeyer, 404 E. Bloomington St., and Glen Winekauf, Vice President of Support Services at Mercy Hospital, appeared regarding the proposed historic district on the north side. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Dr. Kammermeyer. 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 July 6 on an ordinance approving an Amended Planned Development Housing Plan (OPDH-5) plan for Village Green Part XX. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Charnpion, seconded by O'Donnell, to set 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. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held 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). No one appeared. Moved by Wilburn, seconded by Vanderhoef, that the ordinance changing the zoning designation of approximately 3.72 acres from CC-2, Community Commercial, to P, Public, for property located South of Mall Drive (Alternative High School), be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion ca rried. A public hearing was held on an ordinance rezoning approximately 10 acres from Interim Development Multifamily/Historic Preservation Overlay (ID-RM/OHP) Zone to Interim Development Single FamilylHistoric Preservation Overlay (ID-RS/OHP) Zone for property located at 2460 S. Gilbert Street. No one appeared. Moved by O'Donnell, seconded by Champion, that the ordinance changing the zoning designation of approximately 10 acres from ID-RM/OHP, Interim Development Multifamily ,.._.... _._...m__ -.. .------. ,_....___.._..._.__.. _n. ., ,,__.. ... _..~__ .. _._. .__,___......._ __ ~·_,..,..____.'·_n__··__.___·_·______ ---.,.--- Complete Description June 15, 2004 Page 4 ResidentiallHistoric Preservation Overlay, to ID-RS/OHP, Interim Development Single Family ResidentiallHistoric Preservation Overlay, for property located at 2460 S. 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 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. No one appeared. Moved by Bailey, seconded by Vanderhoef, that the 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, be given first vote. Moved by Vanderhoef, seconded by Elliott, to defer indefinitely. Individual Council Members expressed their views. The Mayor declared the motion to defer defeated, 2/5, with the following division of voice vote: Ayes: Ellioll, Vanderhoef. Nays: Bailey, Champion, Lehman, O'Donnell, Wilburn. The Mayor declared the motion carried on first vote, 5/2, with the following division of roll call vote Ayes: Lehman, O'Donnell, Wilburn, Bailey, Champion. Nays: Elliott, Vanderhoef. Absent: None. Moved by Vanderhoef, seconded by Elliott to continue public hearing to July 6 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 rnotion carried unanimously, 7/0, all Council Members present. Moved by Vanderhoef, seconded by Bailey, to defer to July 6 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 Champion, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting as which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 04-4129 AMENDING THE ZONING CHAPTER BY CHANGING THE ZONING DESIGNATION OF 8.07 ACRES FROM RESIDENTIAL MEDIUM DENSITY SINGLE-FAMILY (RS-8) TO OVERLAY PLANNED DEVELOPMENT HOUSING 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 voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the rnotion carried. Moved by Vanderhoef, seconded by O'Donnell, 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 Wilburn, to accept correspondence from Steve Gordon. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. . .- - '---W-'-~-- - ..,..----,-------,~-.......-----.,----...----..-'--'-----~.-....-- --- Complete Description June 15, 2004 Page 5 A hearing was conducted on assessing a civil penalty of either $1500 or a thirty (30) day retail cigarette permit suspension against Kum & Go Stores #52, pursuant to Iowa Code Section 453A.22(2). Johnson County Asst. County Attorney Andy Chappell appeared. Moved by Wilburn, seconded by Vanderhoef, to adopt RES. 04-178, ASSESSING $1500 CIVIL PENALTY OR THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST KUM & GO STORES #52. Affirrnative roll call vote unanimous, 710, all Council Mernbers present. The Mayor declared the resolution adopted. Moved by Champion, seconded by O'Donnell, to adopt RES. 04-179, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2005 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. 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. 04-180, RESCINDING RESOLUTION 98-164 AND ESTABLISHING A NEW POLICY FOR USE OF FUNDS DERIVED FROM HOTEL-MOTEL TAX. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the current vacancies: Human Rights Commission for two vacancies to fill unexpired terms ending January 1, 2005. Applications must be received by 5:00 p.m., Wednesday, July 21, 2004. Moved by Ellioll, seconded by Vanderhoef, to make the following appointments to Boards and Commissions: Nate Green, 231 Woodside Drive, to the Charter Review Commission to fill an unexpired term ending May 4, 2005; Katherine B. Gloer, 828 Cypress Court, to the Library, Board of Trustees to fill an unexpired term ending July 1, 2005; re- appoint Loren Horton, 3367 Hanover Court, to the Police Citizens Review Board to fill a four- year terms September 1, 2004 - September 1, 2008. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the following Board and Commission vacancies received no applications and will be readvertised: 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; Historic Preservation Commission (Woodlawn District Representative) to fill a three-year term March 29, 2003 - March 29, 2006; Police Citizens Review Board to fill a four-year terms September 1, 2004 - September 1, 2008. [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 Wilburn stated he would be abstaining due to a conflict of interest. Moved by Champion, seconded by O'Donnell to make the following appointments to the Housing and Community Development Commission: reappoint Mallhew J. Hayek, 714 Brown Street, and Lori Bears, 1906 Broadway Street; and appoint Brian D. Richman, 522 Terrace Road, to fill three (3) three-year terms September 1, 2004 - September 1, 2007. Affirmative roll call vote unanimous, 6/0, Wilburn abstaining due to a conflict of interest. The Mayor declared the motion carried. ._.. .__..n_ -~~,----- -~~ -.- --- ....----------.-<-~._---'_.._.._'_._------------ -- --""""- Complete Description June 15, 2004 Page 6 Council Member Ellioll noted the grand opening of the Brown Deer Club in Coralville, and stated Coralville should be very proud of the facility; clarified his vote against spending $30,000 on an entrance sign for the Benton Street Park, asked for a work session on establishing Council priorities; and noted the passing of music icon Ray Charles. Council Member Vanderhoef reported on her attendance at a National League of Cities subcommittee meeting on transportation and finance issues. Mayor Pro tem Wilburn stated he would be distributing some promotional items from ICAD in Council mailboxes later in the week. Council Member Bailey reported on the Library opening, and commended staff for their effo rts. Mayor Lehman reminded Council of the joint meeting in Coralville on June 23; state he and the City Manager would be attending second Public Leadership Summit in Cedar Rapids; and wished Council Member Vanderhoef a Happy Birthday. Moved by Vanderhoef, seconded by O'Donnell, to adjourn meeting at 7:30 p.m. The Mayor declared the motion carried unanimously, 710, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk -,..,.......~."..._-_..- .--- ~.- ... - -",.....__- -----.....··'·-r···-·-·,-···-··---~·---··--·,-_'_·__'_··_.-".'" "__.____". -.-..----....--