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HomeMy WebLinkAbout2004-08-03 Council minutes GmJ 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 AUGUST 3, 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, Knoche, O'Neil. Council minutes tape recorded on Tape 04-49; Side 2; Tape 04-51, Sides 1 & 2. The Mayor proclaimed Irving B. Weber Day - August 13, 2004. Darold Albright, Iowa City Noon Lions Club, accepted. Moved by Champion, seconded by Vanderhoef, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended and to consider for separate motion Airport correspondence under Item No. 3f(3), and move to accept correspondence under Item No. 14.: Approval of Council Actions, subject to corrections, as recommended by the City Clerk. July 6, Special Council Work Session; July 6, Regular Council Formal Official and Complete; July 9, Special Council Formal Official and Complete; July 14, Special Council Formal Official and Complete; July 21, Special Council Formal Official and Complete. Receive and File Minutes of Boards and Commissions (recommendations to Council become effective only upon separate Council action): Human Rights Commission - May 25, 2004; Public Art Advisory Committee - June 3, 2004 Recommendation: To approve the concept for the Northside Neighborhood art project of decorative aluminum house finials on street signs in the neighborhood. Charter Review Commission - June 17, 2004; Airport Commission - June 10, 2004; Police Citizens Review Board - May 11, 2004; Public Library Board of Trustees - June 24, 2004; Board of Appeals - March 8, 2004 Recommendation: 2003 International Building Code, the 2003 International Residential Code, the 2003 International Fire Code, the 2003 International Mechanical Code, the 2003 International Fuel Gas Code, the 2002 National Electrical Code, and the 2003 Uniform Plumbing Code with the local amendments to each of these codes be adopted by City Council. Planning and Zoning Commission - June 17, 2004 Recommendation: Approval to amend the Comprehensive Plan to change the land use designation from general commercial to 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. Recommendation: Approval of rezoning from Community Commercial (CC-2) zone to High Density Multifamily Residential (RM-44) zone for approximately 1.34-acres of property located at 520-522 S. Gilbert Street. Recommendation: Approval for rezoning from OPDH-12 to OPDH-8, Planned Development Housing Overlay - Medium Density Single Family Residential, and the preliminary OPDH-8 Plan, be approved. Recommendation: Approval of a preliminary plat of a resubdivision of Lot 77, Walden Wood Part 6. Complete Description August 3, 2004 Page 2 Recommendation: Approval of the vacation of the Jensen Street cul-de-sac bulb right-of-way at the north end of Jensen Street. Recommendation: Approval of a rezoning to amend the preliminary OPDH plan to allow up to 52 congregate housing units on 2.12-acres of property in the Planned Development Housing Overlay/Medium Density Multi-Family (OPDH- 20) zone including an increase in height up to 48-feet for property located north of Benton Street and east of George Street subject to correction of the square footages listed on the site plans. Recommendation: Approval to rezone approximately 3.74-acres from A1, Rural, and RS, Suburban Residential, to RS-3, Suburban Residential for property located at 5989 American Legion Road. Senior Center Commission - May 10, 2004; Senior Center Commission - June 22, 2004. Permit Motions and Resolutions as Recommended by the City Clerk. New: Special Class C Liquor License for Mia Milano Restaurant, Inc., dba Mia Milano Restaurant, Inc., 110 E. College St.; Temporary 5 Day Class B Beer Permit for Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival, Tent A, 2120 Rochester Ave.; Temporary 5 Day Class B Beer Permit for Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival, Tent B, 2120 Rochester Ave.; Temporary Outdoor Service Area for Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival, 2120 Rochester Ave; Class C Liquor License for Spo Co., Inc., dba Sports Column, 12 S. Dubuque Street; Class C Liquor License for Cream, LLC, dba Union Bar, 121 . College Street; RES. 04-203, TO ISSUE CIGARETTE PERMIT for Cream, LLC, dba Union Bar 121 E. College Street; RES. 04-204, TO ISSUE DANCING PERMIT for Cream, LLC, dba Union Bar, 121 E. College Street. Renewal: Class C Liquor License for I.C. Mill Associates, LLC, dba Mill Restaurant, 120 E. Burlington St.; Class C Liquor License for Etre LLC, dba Etc., 118 S. Dubuque St.; Class C Liquor License for KLDP, Inc., dba One Twenty Six, 126 E. Washington St; Class C Liquor License for Green Room, Inc., dba Green Room, 509 S. Gilbert St.; Class C Liquor License for High Energy Food Concepts, Inc., dba Martini's, 127 E. College St.; Outdoor Service Area for High Energy Food Concepts, Inc., dba Martini's, 127 E. College St.; Class C Liquor License for Third Base Sports Bar, Inc., dba Third Base Sports Bar, Field House 111 E. College St.; Class E Liquor License for American Drug Stores, Inc., dba Osco Drug #5078, 2425 Muscatine Ave.; Class E Liquor License for Hy-Vee, Inc., dba Drugtown, 310 N. First Ave.; Class C Beer Permit for Kmart Corporation dba Big Kmart #4315, 901 Hollywood Blvd.; RES. 04-205, TO ISSUE DANCE PERMITS to I.C. Mill Associates, LLC, dba Mill Restaurant, 120 E. Burlington St., Etre LLC, dba Etc., 118 S. Dubuque St., Green Room, Inc., dba Green Room, 509 S. Gilbert St.; Iowa City Fall Fun Festival, Inc., dba Iowa City Fall Fun Festival, 2120 Rochester Ave; Third Base Sports Bar, Inc., dba Third Base Sports Bar, Field House, 111 E. College St. Setting Public Hearings: RES. 04-206, INTENT TO EXECUTE A CONSERVATION EASEMENT AGREEMENT FOR PRESERVATION OF THE ENGLERT CIVIC THEATER, AND SETTING A PUBLIC HEARING FOR AUGUST 31, 2004; RES. 04-207, INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 2608 INDIGO COURT TO A SECTION 8 PROGRAM PARTICIPANT AND SETTING A PUBLIC HEARING FOR AUGUST 31,2004; RES. 04-208, SETTING A PUBLIC HEARING for August 31,2004 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE Complete Description August 3, 2004 Page 3 OAKLAND CEMETERY SEWER SEPARATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION; setting a public hearing for August 31,2004 on a resolution authorizing submission of an application to the Iowa Department of Cultural Affairs designating the Iowa City Cultural District. Accepted correspondence from La Donna Wicklund. Resolutions: RES. 04-209, ACKNOWLEDGING SERVICE OF A THIRTY (30) DAY PERMIT SUSPENSION AND ACCEPTING WAIVER OF RIGHT TO HEARING FROM LOYAL ORDER OF MOOSE LODGE #1096. RES. 04-210, AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FUNDING FROM THE IOWA CLEAN AIR ATTAINMENT PROGRAM (ICAAP) FOR THE ARTERIAL STREET TRAFFIC SIGNAL INTERCONNECTION PROJECT. RES. 04-211, ESTABLISHING FEE FOR CITY PLAZA NEWSPAPER KIOSKS. RES. 04-212, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 42 BLUE STEM COURT, IOWA CITY, IOWA. RES. 04-213, 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 110 EAST COLLEGE L.L.C., AND TENANT MIA MILANO RESTAURANT L.L.C. d/b/a MIA MILANO, FOR A SIDEWALK CAFÉ AT 110 EAST COLLEGE ST., IOWA CITY, IOWA. RES. 04-214, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE PROPERTY LOCATED AT 505 EAST COLLEGE STREET, IOWA CITY, IOWA. RES. 04-215, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2221 HOLLYWOOD BOULEVARD, IOWA CITY, IOWA; RES. 04-216, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 2220 CALIFORNIA AVENUE, IOWA CITY, IOWA. RES. 04-217, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 715 FIRST AVENUE, IOWA CITY, IOWA. RES. 04-218, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1541 DICKENSON LANE, IOWA CITY, IOWA. RES. 04-219, APPROVING THE DESIGN OF THE SIGN FOR "LIBERTY BANK" AT 210 S. DUBUQUE STREET. Correspondence: JCCOG Traffic Engineering Planner regarding Installation of NO PARKING CORNER TO HERE sign on the west side of Whispering Prairie Avenue and NO PARKING HERE TO CORNER sign on the east side of Whispering Prairie Avenue; JCCOG Traffic Engineering Planner regarding Installation of two NO PARKING BETWEEN SIGNS with ARROW signs; David J. Dowell regarding Construction of Parking Ramp-Dubuque and Court [Staff response included]; Town Builders Collaborative Monthly Intelligence Report; Rhys B. Jones regarding Barrier Gate on Lexington Avenue; Adalino Cabral regarding Agent Orange Veterans; Terrence Neuzil regarding Cell Towers; John Gross regarding Adequate Signage at Complete Description August 3, 2004 Page 4 the Ped Mall; Kathi Anderson regarding Off-Leash Recreation Area; Steven Newell regarding Transient Shelter (3); Christina M. Canganelli regarding Redirecting Funds from HACAP to STAR [Staff response included]; Alta M. Cook regarding Traffic Control at Court Street and Scott Boulevard; David Rust and Joy Smith, Don and Dorothy Fowles, John Kammermeyer, Patricia Fisher, Rosalie Hancock, Tom Conway, Howard Carroll, Mary Ellen Chudacek, regarding Historic District; Visual Preference Survey letters from Dana E. Christiansen, Tim Weitzel; Kevin K. Aunan regarding Solid Waste Hauling Contract (2) [Staff response included]; Colin Gordon regarding CDBG Funds; Michael Crane regarding Traffic Problems; Allan L. Axeen regarding HOME Grant; Kevin Digmann regarding Converting Metered Parking; Ross Trethewey regarding Construction and Street Closures; John Warner regarding Traffic on Highland Avenue [Staff Response Included]; Garry Klein regarding Patriot Act. Council Member Bailey noted the setting of a public hearing for August 31 on the designation of a cultural district. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Senior Center Commissioner Betty Kelly updated Council on activities at the Center. Larry Baker, 1217 Rochester Ave., appeared and read a statement urging Council not to negotiate a franchise with MidAmerican for the November 2005 ballot. Steve Grismore, 2207 "H" St., Director of the Iowa City Jazz Festival, requested City help to defray the first ever deficit at the Festival. Moved by Wilburn, seconded by Elliott, to accept correspondence from Mr. Grismore. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Majority of Council agreed to schedule the matter for the August 30 work session. A public hearing was held on a resolution amending the Comprehensive Plan Land Use Map 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 (Clark). PCD Director Franklin and Planning & Zoning Member Brooks presented information. The following individuals appeared: Atty. Joe Holland, representing the applicant Jim Clark & family; and applicant Jim Clark. Moved by Wilburn, seconded by O'Donnell, to accept correspondence from Chuck Skaugstad, Jr.; Atty. Joe Holland; and applicant Jim Clark. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by O'Donnell, to adopt RES. 04-220, AMENDING THE COMPREHENSIVE PLAN LAND USE MAP 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 (Clark). Individual Council Members expressed their views. The Mayor declared the resolution adopted, 4/3, with the following division of roll call vote. Ayes: Champion, Elliott, Lehman, O'Donnell. Nays: Vanderhoef, Wilburn, Bailey. Absent: None. A public hearing was held on an ordinance rezoning approximately 1.34 acres from Community Commercial (CC-2) Zone to High Density Multifamily Residential (RM-44) Zone for property located at 520-522 S. Gilbert Street (Clark). The Mayor noted the same comments as the previous item are relevant. No one appeared. Moved by O'Donnell, seconded by Champion, that the ordinance rezoning approximately 1.34 acres from Community Commercial (CC-2) Zone to High Density Multifamily Residential (RM-44) Zone for property located at 520-522 S. Gilbert Street (Clark), be given first vote. Individual Council Members expressed their views. The Mayor declared Complete Description August3,2004 Page 5 the motion carried, 5/2, with the following division of roll call vote. Ayes: Elliott, Lehman, O'Donnell, Vanderhoef, Champion. Nays: Wilburn, Bailey. Absent: None. A public hearing was held on an ordinance rezoning approximately 2.2 acres from Planned Development Housing - High Density Single Family Residential, OPDH-12, to Planned Development Housing - Medium Density Single Family Residential, OPDH-8, for lot 77 of Walden Wood Part 6, located at the northern terminus of Jensen Street (Southgate). The following individuals appeared: Atty. Joe Holland, Southgate Development; Mark Goodheart, Irving Ave. Moved by O'Donnell, seconded by Champion, that the ordinance rezoning approximately 2.2 acres from Planned Development Housing - High Density Single Family Residential, OPDH-12, to Planned Development Housing - Medium Density Single Family Residential, OPDH-8, for lot 77 of Walden Wood Part 6, located at the northern terminus of Jensen Street (Southgate), be given first vote. Individual Council Members expressed their views. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance vacating the northern cul-de-sac right-of- way of Jensen Street. Mark Goodheart, Irving Ave., appeared. Moved by Wilburn, seconded by Vanderhoef, that the ordinance vacating the northern cul-de-sac right-of-way of Jensen 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 ordinance by amending the Planned Development Housing Overlay Medium Density Multi-Family Residential (OPDH-20) Preliminary OPDH Plan for Oaknolllocated north of Benton Street and east of George Street. Atty. Tim Krumm, representing Oaknoll Retirement Residence, appeared. Moved by Wilburn, seconded by Vanderhoef, that the ordinance amending the zoning ordinance by amending the Planned Development Housing Overlay Medium Density Multi- Family Residential (OPDH-20) Preliminary OPDH plan for Oaknolllocated north of Benton Street and east of George 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 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 (Regency Homes). Darryl High, representing Regency Homes, appeared. Moved by O'Donnell, seconded by Champion, that the ordinance rezoning approximately 75.25 acres from Interim Development Single-Family (lD-RS) Zone to Sensitive Areas Overlay/ Low Density Single-Family Residential (SAO/RS-5) Zone for' property located north of Foster Road (Regency Homes), given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. A public hearing was held on an ordinance rezoning approximately 1.2 acres from Commercial Office (CO-1) Zone, to Community Commercial (CC-2) Zone, for property located at 1901 Broadway Street. Atty. John Hayek, representing the applicant Craig Abraham, appeared. Moved by Vanderhoef, seconded by Wilburn, to accept correspondence from John Hayek. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Champion, seconded by Bailey, that the ordinance rezoning approximately 1.2 acres from Commercial Office (CO-1) Zone, to Community Commercial (CC-2) Zone, for Complete Description August 3, 2004 Page 6 property located at 1901 Broadway Street, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by Bailey, that ORD. 04-4133, 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 passed and adopted. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote. Ayes: Champion, Lehman, O'Donnell, Wilburn, Bailey. Nays: Elliott, Vanderhoef. Absent: None. Council Member Elliott stated he would be abstaining due to a conflict of interest. Moved by Wilburn, seconded by O'Donnell, to adopt RES. 04-221, APPROVING THE EXTRATERRITIORIAL PRELIMINARY AND FINAL PLAT OF THE EAST SIDE GROUND WATER STORAGE RESERVOIR, JOHNSON COUNTY, IOWA. Affirmative roll call vote unanimous, 6/0, Elliott abstaining. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell, to send a letter to the Johnson County Board of Supervisors recommending approval of a rezoning from of approximately 3.74 acres from A1, Rural, to RS, Suburban Residential, for property located at 5989 American Legion Road. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on a resolution authorizing and providing for the issuance of not to exceed $7,000,000 aggregate principal amount of a senior housing facilities revenue bonds of the City of Iowa City, Iowa, for the purpose of lending the proceeds thereof to the borrower; the execution and delivery of a loan agreement among the city, the borrower and the servicer providing for the repayment of the loan of the proceeds of said bonds and the securing of said repayment obligation; the sale of said bonds; the execution of a pledge, servicing and participation agreement; and the execution of other documents related thereto. Atty. Tim Krumm, representing Oaknoll Retirement Residence, appeared. Moved by Wilburn, seconded by Bailey, to adopt RES. 04-222, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $7,000,000 AGGREGATE PRINCIPAL AMOUNT OF A SENIOR HOUSING FACILITIES REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA, FOR THE PURPOSE OF LENDING THE PROCEEDS THEREOF TO THE BORROWER; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT AMONG THE CITY, THE BORROWER AND THE SERVICER PROVIDING FOR THE REPAYMENT OF THE LOAN OF THE PROCEEDS OF SAID BONDS AND THE SECURING OF SAID REPAYMENT OBLIGATION; THE SALE OF SAID BONDS; THE EXECUTION OF A PLEDGE, SERVICING AND PARTICIPATION AGREEMENT; AND THE EXECUTION OF OTHER DOCUMENTS RELATED THERETO. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A hearing was conducted on assessing a $300.00 civil penalty against Whateva We Can Deliva, pursuant to Iowa Code Section 453A.22(2). Asst. Johnson County Atty. Andy Chappell, appeared. Edgar McGuire, President, Whateva We Can Deliva, also appeared. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 04-223, ASSESSING A $300.00 CIVIL PENALTY AGAINST WHATEVA WE CAN DELIVA. Moved by Vanderhoef, seconded by Elliott, to amend the payment to sixty days. The Mayor declared the motion to amend carried, 6/1, with the following division of voice vote: Ayes: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef. Nays: Wilburn. Affirmative roll call vote unanimous on the amended resolution, 7/0, all Council Members present. The Mayor declared the resolution adopted as amended. Complete Description August 3, 2004 Page 7 A public hearing was held on a resolution approving an amendment to the purchase agreement with United Action for Youth for condominium Unit 1-C in Tower Place and parking and the disposition of said property in accordance therewith. No one appeared. Moved by Champion, seconded by Bailey, to adopt RES. 04-224, APPROVING AN AMENDMENT TO THE PURCHASE AGREEMENT WITH UNITED ACTION FOR YOUTH FOR CONDOMINIUM UNIT 1-C IN TOWER PLACE AND PARKING AND THE DISPOSITION OF SAID PROPERTY IN ACCORDANCE THEREWITH. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Vanderhoef, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 04-4134, AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS," SUBSECTION C, ENTITLED "SCHOOL SPEED ZONES" TO ESTABLISH SCHOOL SPEED ZONES BY WEBER SCHOOL AND GRANT WOOD SCHOOL, 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 Vanderhoef, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by Wilburn, 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. 04-4135, AMENDING CERTAIN CHAPTERS OF CITY CODE TITLES 7,10, AND 14 TO INCREASE THE MUNICIPAL INFRACTION CIVIL PENAL TIES FOR VIOLATING THE ELECTRICAL CODE, PLUMBING CODE, FIRE CODE, AND FUEL GAS CODE AND SNOW REMOVAL REQUIREMENTS IN CITY PLAZA, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Vanderhoef, seconded by Champion, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Champion, seconded by Bailey, that the ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapter 8 entitled, "Bicycles," Section 6, entitled "Parking Violations," Subsection B, entitled "Owner Prima Facie Responsible for Parking Violations" to allow the city to donate abandoned bicycles to nonprofit organizations, be given first vote. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Champion, seconded by O'Donnell, to adopt RES. 04-225, RE- ESTABLISHING A DEER TASK FORCE. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by O'Donnell, to adopt RES. 04-226, CONCERNING MEDIACOM COMMUNICATIONS CORPORATION'S 2004 UPDATING OF RATES FOR BASIC CABLE SERVICES. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Wilburn, seconded by Champion, to adopt resolution authorizing and directing the Johnson County Auditor to submit to the voters the question of whether management and control of the Iowa City Airport should remain in the Airport Commission. Complete Description August3,2004 Page 8 The following individuals appeared: Rick Mascari, 4542 Cantebury St., former Airport Commission Member; Dan Clay, 3202 Friendship St., current Airport Commission Member; Greg Zimmerman, 301 Kirkwood Ave. Individual Council Members expressed their views. The Mayor declared the resolution defeated, 3/4, with the following division of roll call vote. Ayes: Wilburn, Champion, Lehman. Nays: Bailey, Elliott, O'Donnell, Vanderhoef. Absent: None. Moved by O'Donnell, seconded by Vanderhoef, to accept correspondence from Greg Downes, Terry Edmonds, Dennis Frett, Dave Hahn, Randy Hartwig, Forest M. Holly, Jr., Mary Honeck, Rick Mascari, Charles Mealey, Darlyne & John Neff, Lee Ross, Jeffrey S. Sales, Thomas Tinkler, Jim Weir, Keith Williams, David Wilson, Ed Wischmeyer, Neil F. Wright, Jim Tucker. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Wilburn, seconded by Bailey, to adopt RES. 04-227, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR INSTALLING A NEW LIGHTING SYSTEM ON MERCER PARK BASEBALL DIAMOND #1 to Merit Electric, Ltd. for $33,567. 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. 04-228, AUTHORIZING THE MAYOR SIGN AND THE CITY CLERK TO ATTEST A SIDE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA FOR CONSTRUCTION OF THE SOUTH GRAND AVENUE IMPROVEMENTS [STP-U- 3715(627)--70-52]. 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. 04-229, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ADDENDUM TO THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE NORTH DODGE STREET PROJECT STP-1-5(69)--2C-52. City Engr. Knoche present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Champion, to make the following appointments to Boards and Commissions: Jan Weissmiller, 1049 Woodlawn, to the Historic Preservation Commission (Woodlawn District Representative) to fill a three-year term March 29, 2003 - March 29, 2006; Beverly Witwer, 23 Warwick Circle, and Elizabeth Cummings, 435 S. Summit Street, to the Human Rights Commission to fill two unexpired terms ending January 1, 2005; Elizabeth Engel, 725 Bradley Street, to the Police Citizens Review Board to fill a four-year term September 1, 2004 - September 1, 2008. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by O'Donnell, seconded by Elliott, to accept correspondence from Lisa-Ann Johnson. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. The Mayor noted the vacancies for the Airport Zoning Brd of Adjustment to fill an unexpired term ending December 31,2006 and Airport Zoning Brd of Adjustment to fill an unexpired plus a five-year term ending December 31,2008, will be readvertised. [Staff will not publish additional notices after a period of six publications, but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] The Mayor noted the current vacancies: Civil Service Commission to fill an unexpired term ending April 4, 2005; Housing and Community Development Commission to fill an unexpired term ending September 1, 2006. Applications must be received by 5:00 p.m., Wednesday, September 8, 2004. Complete Description August3,2004 Page 9 The Mayor noted the previously announced vacancy: Library Board of Trustees to fill an unexpired term ending July 1,2005. Applications must be received by 5:00 p.m., Wednesday, September 8, 2004. Council Member Vanderhoef asked if there was interest to ask staff to put together a more unified plan for connecting projects at the south sand pit and trail project, up to the Sand Lake area, and along Ralston Creek. Majority agreed. Mayor Pro tem Wilburn announced the La Leche League International is sponsoring the annual breastfeeding week, August 1-7, and stated additional information may be found on their website www.lalecheleaque.orq: wished good luck to the young ladies ten and under and twelve and under trying out for the Slammer Softball Association; and thanked the community and businesses who helped with the Thanksgiving in July campaign to bring in extra food to the Crisis Center. Council Member Bailey expressed appreciation to the landscaping downtown that incorporated roses, noting it looks good and smells great. Mayor Lehman noted the lovely retirement event for Regenia Bailey the previous week; and noted the recent death of retired Police Capt. Dick Lee. Moved by O'Donnell, seconded by Elliott, to adjourn meeting at 9:30 p.m. The Mayor declared the motion carried unanimously, 7/0, all coué;ers present. ~~~~d~ rnest W. Lehman, Mayor ~~ i~ Ji4~) Mar n K. Karr, City Clerk Date: Juty6, 2004 To: Mayor and City Council From: Marian K. I;(arr, City Clerk Re: Council Work Session, July 6, 2004, 6:00 PM in Emma J. Harvat Hall Council: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn Staff: Atkins, Helling, Dilkes, Kart, Franklin, Trueblood, McCafferty, Davidson, O'Neil Tapes: 04-43, Side 2; 04-45, Side 1 (A complete transcription is available in the City Clerk's Office) PLANNING & ZONING ITEMS PCD Director Franklin presented information on the following items: A. SETTING 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 B. SETTING A PUBLIC HEARING FOR AUGUST 3 ON AN ORDINANCE REZONING APPROXIMATELY '1.34 ACRES FROM COMMUNITY COMMERCIAL (CC-2) ZONE TO HIGH DENSITY MULTIFAMILY RESIDENTIAL (RM-44) ZONE FOR PROPERTY LOCATED AT 520-522 S. GILBERT STREET. (REZ04-000t2) C. SETTING A PUBLIC HEARING FOR AUGUST 3 ON AN ORDINANCE REZONING APPROXIMATELY 2.2 ACRES FROM PLANNED DEVELOPMENT HOUSING - HIGH DENSITY RESIDENTIAL, OPDH-12, 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. (REZ04-00006) D. SETTING A PUBLIC HEARING FOR AUGUST 3 ON AN ORDINANCE VACATING THE NORTHERN CUL-DE-SAC RIGHT-OF-WAY OF JENSEN STREET (VAC04-00002) E. SETTING 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. (REZ04- 000~5) Council Work Session July 6, 2004 Page 2 F. SETTING 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. (REZ04-00013) G. SETTING 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. (REZ04-00016) H. 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 stated the agreement had been signed by all parties, and there was a request for expedited action and passage at the August 3 Council meeting. I. APPROVING AN AMENDED PLANNED DEVELOPMENT HOUSING PLAN (OPDH-5) PLAN FOR VILLAGE GREEN PART XX J. VACATING 3,400 SQUARE FEET OF ALLEY RIGHT-OF-WAY EAST OF 2ND AVENUE, SOUTH OF A STREET Franklin stated the applicant has decided not to pursue the vacation. City Atty. Dilkes indicated the hearing should be opened and closed. K. ORDINANCE REZONING APPROXIMATELY 3.72 ACRES FROM COMMUNITY COMMERCIAL (CC-2) ZONE TO PUBLIC (P) ZONE FOR PROPERTY LOCATED SOUTH OF MALL DRIVE. (REZ04-00010) (SECOND CONSIDERATION) (Alternative High School) In response to Council Member Wilburn, Franklin stated the site is already under construction and there was no problem in expediting action. L. ORDINANCE 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. (SECOND CONSIDERATION) In response to the Mayor, Franklin stated there would be no problem with expediting this item. Council Work Session July 6, 2004 Page 3 M. 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. (SECOND CONSIDERATION) HISTORIC PRESERVATION - NRHP NOMINATIONS/NORTHSIDE (IP2 of 7/1 Info Packet). PCD Director Franklin and Planner McCafferty present for discussion. Majority of Council requested a detailed memo and map be provided to Council at the time of Council consideration of the grant application; and directed staff to prepare a letter to those involved explaining what happened, and the City's intent to ensure it doesn't happen again. STAFF ACTION: Implement notification procedures and public hearing at the Historic Preservation Commission and before the Planning & Zoning Commission as set forth in memo; and prepare letter as directed. (Franklin) AIRPORT REFERENDUM (IP3 of 7/1 Info Packet) Majority of Council directed staff to prepare resolution for August 3 Council agenda to place the jurisdiction of the airport on the November 2004 ballot. STAFF ACTION: Prepare resolution. (Dilkes) AGENDA ITEMS 1. (Agenda item # 6 Public hearing ... resolution approving plans and specifications ... installation of a new lighting system on Mercer Park Baseball Diamond #1) In response to Council Member Vanderhoef, Parks & Recreation Dir. Trueblood reported that other changes include increase in height of fence; fill outside the outfield fence; work on dugouts, barfing cages, bull pens; and stated the School District was paying for all of the costs with the exception of City working out details associated with getting project ready for bids. 2. (Agenda items # 10 and # 11 .... Resolution authorizing application for traffic safety improvement grant funds .... intersection improvement project ... intersection of Gilbert Street and Prentiss Street and Bowery Street ... intersection of U.S. Highway 6 and Scott Blvd.) Asst. PCD Director Davidson stated the City had been successful with the grants previously and currently both projects were current projects on the City's unfunded list in the Capital Improvement Program. COUNCIL SCHEDULING City Clerk Karr and City Manager Atkins updated Council on upcoming meetings. After discussion the following schedule was agreed upon for Thursday evening, July 21: Council Work Session July 6, 2004 Page 4 4:00-6:00 Joint meeting/work session with Johnson County Board of Supervisors, Iowa City Community School District, Cities of Coralville and North Liberty and City of Iowa City - Coralville City Hall 6:30 Special meeting/Council formal for requests for expedited action on Planning items - Library Room A The Mayor noted that additional specific agenda items be provided to the City Clerk no later than Wednesday, July 15, for inclusion on the special formal agenda. 7:00 Joint meeting/work session with Planning & Zoning for presentation of results of Visual Preference Survey - Library Room A STAFF ACTION: Prepare agendas as noted. (Karr) IDENTIFICATION OF PRIORITIES FOR DISCUSSION None Meeting adjourned 6:55 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 - 7/6/04 Iowa City City Council regular meeting 7:00 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. Absent: None. The Mayor proclaimed: Golden Rule Golden Stars 4-H Club Week - July 25-31, Anna Olson, President accepting. Also 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 and seconded 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 2nd 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. Official Actions July 6, 2004 Page 2 Permit Motions and Resolutions as Recommended by the City Clerk. Renewal: Class C Liquor License for Wig & Pen Pizza Pub, 1220 Highway 6 West; Outdoor Service Area for Wig & Pen Pizza Pub, 1220 Highway 6 West; Class C Liquor License for American Legion, Roy L. Chopek Post #17, 3016 Muscatine Avenue; Class C Liquor License for Fraternal Order of Eagles, Iowa City Aerie #695, 225 Hwy 1 West; Class C Liquor License for Vito's, 118 E. College St.; Class C Liquor License for Memories, 928 Maiden Lane; Special Class C Liquor License for Zio Johno's Spaghetti House, 953 S. Riverside Dr.; Special Class C Liquor License for China Moon, 1931 Broadway St.; Class C Beer Permit for Gasby's East, 2303 Muscatine Ave; Class E Liquor License for John's Grocery, Inc., 401 E. Market St.; Class E Liquor License for Hartig Drug Store #10, 701 Mormon Trek Blvd. RES. 04-181, TO ISSUE DANCE PERMIT to Fraternal Order of Eagles, Iowa City Aerie #695, 225 Hwy 1 West and 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 MAYOR TO 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 MON-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 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 Official Actions July 6, 2004 Page 3 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. 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. Moved and seconded 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. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded to accept correspondence from Atty. C. Joseph Holland. The Mayor declared the motion carried. Moved and seconded to set a public hearing for August 3 on an ordinance rezoning approximately 2.2 acres from Planned Development Housing - High Density Residential, OPDH-12, to Planned Development Housing - Medium Density Residential, OPDH-8, for Lot 77 of Walden Wood Part 6, located at the northern terminus of Jansen Street. The Mayor declared the motion carried. Moved and seconded to accept correspondence from Atty. C. Joseph Holland. The Mayor declared the motion carried. Moved and seconded to set a public hearing for August 3 on an ordinance vacating the northern cul-de-sac right-of-way of Jansen Street. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded 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 Official Actions July 6, 2004 Page 4 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. Moved and seconded 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. 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. Moved and seconded to accept correspondence from Glenn Siders. The Mayor declared the motion carried. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be voted on for second consideration at this time. 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. Moved and seconded that the ordinance approving an amended Planned Development Housing Plan (OPDH-5) plan for Village Green Part XX, be given first vote. The Mayor declared the motion carried. 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. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 04-4130 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 04-4131 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. The Mayor declared the motion carried. Moved and seconded that the ordinance be finally adopted at this time. Official Actions July 6, 2004 Page 5 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 second vote. The Mayor declared the motion carried. 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. Moved and seconded 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. Moved and seconded 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. Moved and seconded to adopt RES. 04-190, APPROVING THE GENERAL CONCEPT FOR THE NORTHSIDE NEIGHBORHOOD ART PROJECT. Moved and seconded 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. Moved and seconded to accept correspondence from Atty. Robert Downer. The Mayor declared the motion carried. Moved and seconded 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. Moved and seconded 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. Moved and seconded 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. Moved and seconded to adopt RES. 04-195, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE CLEAR CREEK TRAIL PROJECT. Official Actions July 6, 2004 Page 6 Moved and seconded to adopt RES. 04-196, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE BENTON HILL PARK DEVELOPMENT. Moved and seconded to adopt RES. 04-197, AMENDING THE BUDGETED POSITIONS IN THE ANIMAL SERVICES DIVISION OF THE POLICE DEPARTMENT AND THE AFSCME PAY PLAN. Mayor Pro tem Wilburn stated he had a conflict of interest on the next item and left the meeting. Moved and seconded 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 DEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT FUND. Mayor Pro tem Wilbum returned to the meeting. Mayor Pro tem Wilburn stated he had a conflict of interest on the next item and left the meeting. Moved and seconded 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. Mayor Pro tem Wilbum 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 postings and on the Council agenda. However, no additional publication costs will be incurred.] Moved and seconded to adjourn meeting at 8:00 p.m. The Mayor declared the motion carried. A more complete description of Council Activities and disbursements is on file in the office of the City Clerk and Finance Department. s/Ernest W. Lehman, Mayor s/Marian K. Karr, City Clerk , 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 - 7/9/04 Iowa City City Council special meeting 12:30 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell, Wilburn. Absent: Vanderhoef. Moved and seconded to adopt RES. 04-200 SETTING A PUBLIC HEARING REGARDING THE CITY OF IOWA CITY'S INTENT TO ENTER INTO A FIVE YEAR LEASE AGREEMENT WITH OPTIONS TO RENEW BETWEEN THE CITY OF IOWA CITY AND BRADFORD CHILDCARE SERVICES, INC. FOR OPERATION ON AN APPLE TREE CHILDREN'S CENTER IN THE COURT STREET TRANSPORTATION CENTER, AND SETTING A PUBLIC HEARING FOR JULY 14, 2004. The Mayor declared the motion carried. HISTORIC PRESERVATION - NRHP NOMINATIONS/NORTHSIDE discussion. Moved and seconded to write a letter to the State Historical Society asking the commercial properties in the Northside Historic designation be deleted, and attaching a copy of PCD Director Franklin's memo June 29 "Process for NHRP Nominations", outlining problems with the notification process. The following individuals appeared: Atty. Tom Gelman, representing Mercy Hospital; and Dr. John Kammermeyer. The Mayor declared the motion carried. Correspondence was received from Don and Dorothy Fowles, John Kammermeyer, Patricia Fisher, Rosalie Hancock, Tom Conway, Howard Carroll, Mary Ellen Chudacek. Moved and seconded to adjourn meeting at 1:05 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, Submltte~or p~ication - 7116/04 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 - 7/14/04 Iowa City City Council special meeting 11:30 a.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Bliott, Lehman, O'Donnell, Wilburn. Absent: Vanderhoef. A public hearing was held on a resolution for a lease agreement between the City of Iowa City and Bradford Childcare Services, Inc. for space in the Court Street Transportation Center for the operation of an Apple Tree Children's Center. Justine Retz, 4C's, appeared. Moved and seconded to adopt RES. 04-201 AUTHORIZING A LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND BRADFORD CHILDCARE SERVICES, INC. FOR SPACE IN THE COURT STREET TRANSPORTATION CENTER FOR THE OPERATION OF AN APPLE TREE CHILDREN'S CENTER. The Mayor declared the resolution adopted. Historic Preservation - NRHP Nominations/Northside discussion. City Atty. Dilkes reported on recent discussion with the State regarding the process and stated PCD staff will confirm by letter the need to schedule Historic Preservation Commission reconsideration, all property owners will be notified by letter and given opportunity to present views, the Commission and the Mayor will make a recommendation regarding eligibility and boundaries for State review. Moved and seconded to accept correspondence from Marc Light, Jane Murphy and Mark Brookfield, Julie McNalley, Thomas McNalley, Mike Haverkamp, Darlene Clausen, Catherine Schneider, Victoria Walton and Wally Plahutnik, Patricia Eckhardt, Meredith Sewell, Susan Futrell and Will Jennings, Tama Baldwin, Carol de Saint Victor. The Mayor declared the motion carried. Moved and seconded to adjourn meeting at 11:40 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. s/Ernest W. Lehman, Mayor s/Marian K. Karr, City Clerk , Submitted'for publication - 7/21/04 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 - 7/21/04 Iowa City City Council special meeting 6:30 p.m. at Iowa City Library, Room A. Mayor Lehman presiding. Council Members present: Bailey, Elliott, Lehman, O'Donnell, Vanderhoef. Absent: Champion, Wilburn. Moved and seconded that ORD. 04-4132, 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 passed and adopted. Moved and seconded to de[er indefinitely ordinance approving an Amended Planned Development Housing Plan (OPDH-5) plan for Village Green Part XX. The Mayor declared the motion carried. Moved and seconded to adopt RES. 04-202, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EXTENSION OF THE AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND LEASE PROPERTY IN THE AVIATION COMMERCE PARK. Moved and seconded to adjourn meeting at 6:40 p.m. The Mayor declared the motion carried. A more complete description of Council Activities is on file in the office of the City Clerk. s/Ernest W. Lehman, Mayor s/Marian K. Karr,.City Clerk . Submittc:~d for publication - 7/28/04. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES 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. Also 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 2nd 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 MAYOR TO 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 MON-FRI sign on the north side of Lafayette Street approximately 50' west of the intersection with S. Dubuque Street to NO PARKING CORNER 'FO 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-12, 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: Biott, 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 Wilburn, 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 I©WA 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 ATTEST A 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 DEVELOPMENT 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 tern Wilburn returned to the meeting. Mayor Pro tern Wilburn 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 rem 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 tem 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 tern 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 Wilburn, to adjourn meeting at 8:00 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JULY 9, 2004 Iowa City City Council special meeting 12:30 p.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell, Wilbum. Absent: Vanderhoef. Staff members present: Atkins, Dilkes, Karr, Fowler, Matthews, Davidson. Council minutes tape recorded on Tape 04-46, Side 2. Moved by Champion, seconded by O'Donnell, to adopt RES. 04-200 SETTING A PUBLIC HEARING REGARDING THE CITY OF IOWA CITY'S INTENT TO ENTER INTO A FIVE YEAR LEASE AGREEMENT WITH OPTIONS TO RENEW BETWEEN THE CITY OF IOWA CITY AND BRADFORD CHILDCARE SERVICES, INC. FOR OPERATION ON AN APPLE TREE CHILDREN'S CENTER IN THE COURT STREET TRANSPORTATION CENTER, AND SETTING A PUBLIC HEARING FOR JULY 14, 2004. The Mayor declared the motion carried unanimously, 6/0, Vanderhoef absent. HISTORIC PRESERVATION - NRHP NOMINATIONS/NORTHSlDE discussion. Moved by Elliott, seconded by O'Donnell, to write a letter to the State Historical Society asking the commercial properties in the Northside Historic designation be deleted, and attaching a copy of PCD Director Franklin's memo June 29 "Process for NHRP Nominations", outlining problems with the notification process. Individual Council Members expressed their views. Asst. PCD Director Davidson present for discussion. The following individuals appeared: Atty. Tom Gelman, representing Mercy Hospital; and Dr. John Kammermeyer. The Mayor declared the motion carried, 4/2, with the following division of roll call vote: Ayes: Champion, Elliott, Lehman, O'Donnell. Nays: Wilburn, Bailey. Absent: Vanderhoef. Correspondence was received from Don and Dorothy Fowles, John Kammermeyer, Patricia Fisher, Rosalie Hancock, Tom Conway, Howard Carroll, Mary Ellen Chudacek. Council requested the same item be added to the special meeting scheduled for July 14. Moved by Elliott, seconded by O'Donnell, to adjourn meeting at 1:05 p.m. The Mayor declared the motion carried unanimously, 6/0, Vanderhoef absent. 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 JULY 14, 2004 Iowa City City Council special meeting 11:30 a.m. at City Hall. Mayor Lehman presiding. Council Members present: Bailey, Champion, Elliott, Lehman, O'Donnell, Wilburn. Absent: Vanderhoef. Staff members present: Atkins, Helling, Dilkes, Karr, O'Brien, Fay, Matthews, Fowler, Davidson, Severson. Council minutes tape recorded on Tape 04-47, Side 1. The Mayor and Council wished City Manager Atkins a belated Happy Birthday. A public hearing was held on a resolution for a lease agreement between the City of Iowa City and Bradford Childcare Services, Inc. for space in the Court Street Transportation Center for the operation of an Apple Tree Children's Center. Justine Retz, 4C's, appeared. Moved by O'Donnell, seconded by Champion, to adopt RES. 04-201, AUTHORIZING A LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND BRADFORD CHILDCARE SERVICES, INC. FOR SPACE IN THE COURT STREET TRANSPORTATION CENTER FOR THE OPERATION OF AN APPLE TREE CHILDREN'S CENTER. Asst. PCD Director Davidson and Asst. City Atty. Matthews present for discussion. Affirmative roll call vote unanimous, 6/0, Vanderhoef absent. The Mayor declared the resolution adopted. Historic Preservation - NRHP Nominations/Northside discussion. City Atty. Dilkes reported on recent discussion with the State regarding the process and stated PCD staff will confirm by letter the need to schedule Historic Preservation Commission reconsideration, all property owners will be notified by letter and given opportunity to present views, the Commission and the Mayor will make a recommendation regarding eligibility and boundaries for State review. Moved by Elliott, seconded by Champion, to accept correspondence from Marc Light, Jane Murphy and Mark Brookfield, Julie McNalley, Thomas McNalley, Mike Haverkamp, Darlene Clausen, Catherine Schneider, Victoria Walton and Wally Plahutnik, Patricia Eckhardt, Meredith Sewell, Susan Futretl and Will Jennings, Tama Baldwin, Carol de Saint Victor. The Mayor declared the motion carried unanimously, 6/0, Vanderhoef absent. Moved by Wilburn, seconded by Elliott, to adjourn meeting at 11:40 a.m. The Mayor declared the motion carried unanimously, 6/0, Vanderhoef absent. 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 JULY 21, 2004 Iowa City City Council special meeting 6:30 p.m. at Iowa City Library, Room A. Mayor Lehman presiding. Council Members present: Bailey, Elliott, Lehman, O'Donnell, Vanderhoef. Absent: Champion, Wilburn. Staff members present: Atkins, Helling, Dilkes, Karr, Miklo. Council minutes tape recorded on Tape 04-47, Side 2. Moved by O'Donnell, seconded by Vanderhoef, that ORD. 04-4132, 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 passed and adopted. Affirmative roll call vote unanimous, 5/0, Champion, Wilburn absent. The Mayor declared the ordinance adopted. Moved by Vanderhoef, seconded by O'Donnell, to defer indefinitely ordinance approving an Amended Planned Development Housing Plan (OPDH-5) plan for Village Green Part XX. The Mayor declared the motion carried unanimously, 5/0, Champion, Wilburn absent. Council Member Champion arrived, 6:32 p.m. Moved by Elliott, seconded by O'Donnell, to adopt RES. 04-202, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EXTENSION OF THE AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND LEASE PROPERTY IN THE AVIATION COMMERCE PARK. Individual Council Members expressed their views. The Mayor declared the resolution adopted, 5/1, with the following division of roll call vote. Ayes: Bailey, Elliott, Lehman, O'Donnell, Vanderhoef, Nays: None. Champion abstaining, Wilburn absent. Moved by Elliott, seconded by Vanderhoef, to adjourn meeting at 6:40 p.m. The Mayor declared the motion carried unanimously, 6/0, Wilburn absent. Ernest W. Lehman, Mayor Marian K. Karr, City Clerk